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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  1 Nov 2014
Consolidated as at:  Sessional

42. Cancellation and suspension of licence

      (1) The Commissioner may apply to the Board for a hearing to cancel or suspend a licence if the Commissioner is satisfied that –

(a) the licensee is in prison serving a term of imprisonment; or

(b) during the immediately preceding 3 years a total of 3 offences have been committed in respect of the conduct of the licensed premises; or

(c) the licensee has been convicted of an offence, either in Tasmania or elsewhere, that makes it not in the public interest that the licensee should continue to hold a licence; or

(d) the licence has been suspended under or by virtue of this Part on 3 occasions; or

(e) the licensee can no longer exercise personal control over the sale or any consumption of liquor on all or any part of the licensed premises; or

(f) the licensee is no longer using or intending to use the licensed premises for all or any of the activities authorized by the licence; or

(g) the licensee is no longer the owner or occupier of the licensed premises; or

(h) the licensee is no longer the agent of the owner or occupier of the licensed premises; or

(i) the licence was obtained by means of a false or misleading statement or by a failure to disclose relevant information; or

(j) in the case of a club licence –

(i) the rules or constitution of the club have been changed without the Commissioner's approval; or

(ii) the rules or constitution of the club are not being observed; or

(iii) the club is not complying with liquor guidelines published under section 17

and, as a result, it is inappropriate that liquor should continue to be sold on the club's premises; or

(k) the licensed premises have been altered without the Commissioner's approval.

      (2) For the purpose of subsection (1)(b), offences committed in respect of the conduct of the licensed premises means offences committed by the licensee or by people acting on behalf of the licensee under sections 5 (liquor sold otherwise than as authorized), 70(1) (liquor sold to young people), 75 (young people having possession and control of liquor on licensed premises) and 78 (liquor sold to people appearing to be drunk).