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Liquor and Accommodation Act 1990 (No. 44 of 1990)
|Requested: 20 May 2013|
|Consolidated as at: Sessional|
Division 3 - Liquor permits
31. Qualifications for liquor permit
(1) A person is not qualified to be granted a liquor permit unless the person is a natural person who
(a) has attained the age of 21 years; and
(b) has satisfied the Commissioner that the person will be able to exercise personal and effective control over the sale and any consumption of liquor on the premises in respect of which the permit is sought.
(2) An out-of-hours permit, an off-permit or an on-permit can only be held by the licensee of the licensed premises to which the permit relates.
32. Application for liquor permit
(1) An application for a liquor permit
(a) shall be made on a form provided or approved for the purpose by the Commissioner; and
(b) shall be accompanied by any prescribed fee; and
(c) shall be made at least 7 days before the permit is to take effect, or such lesser period as the Commissioner may agree.
(2) The Commissioner may require an applicant for a liquor permit to supply the Commissioner with such further particulars (including plans where relevant) as the Commissioner considers necessary for a proper consideration of the application.
33. Consideration of application for liquor permit
(1) After considering an application for a liquor permit the Commissioner shall
and shall inform the applicant accordingly.
(a) grant the permit; or
(b) refuse to grant the permit
(2) If the Commissioner refuses to grant a liquor permit the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.
(3) The Commissioner shall not grant a liquor permit unless the Commissioner is satisfied that the applicant is qualified to hold the permit.
(4) The Commissioner is not required to take any action in respect of an application for a liquor permit if
(a) any prescribed application fee has not been paid; or
(b) any further particulars required by the Commissioner in accordance with section 32(2) have not been supplied.
34. Restriction on grant of out-of-hours permits
The Commissioner shall not grant an out-of-hours permit in respect of licensed premises unless the licensee satisfies the Commissioner that the sale of liquor on those premises in accordance with the permit sought would not
(a) cause undue annoyance or disturbance to
(i) people living or working in the neighbourhood of the premises; or
(ii) customers or clients of any business in the neighbourhood of the premises; or
(iii) people conducting or attending religious services in the neighbourhood of the premises; or
(b) cause the occurrence of disorderly conduct
(i) in the premises; or
(ii) in the neighbourhood of the premises.
35. Duration of liquor permit
(1) A liquor permit is valid during the period specified in it but may be terminated at any time in accordance with this Part.
(2) An out-of-hours permit, an off-permit or an on-permit
(a) is suspended if the licence of the licensee to whom the permit was granted is suspended; and
(b) is cancelled if the licence of the licensee to whom the permit was granted is cancelled.
(3) While a permit is suspended it is not authority for the sale of liquor in accordance with the permit.
36. Liquor permit not transferable
(1) A liquor permit is not transferable.
(2) If an attempt is made to transfer the benefit of a liquor permit the permit is cancelled with effect from the date of the attempted transfer.
37. Cancellation of an on-permit, off-permit or special permit
(1) The Commissioner may cancel an on-permit, an off-permit or a special permit at any time if the Commissioner is satisfied that it is in the interest of the community to do so.
(2) The cancellation of a permit has effect when notice of the cancellation is served on the person to whom the permit was granted.
38. Surrender of liquor permit
The holder of a liquor permit may surrender the permit to the Commissioner at any time.