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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  21 May 2013
Consolidated as at:  Sessional

Division 2 - Accommodation licences

114. Qualifications for accommodation licence

A person is not qualified to be granted an accommodation licence unless the person is a natural person –

(a) who has attained the age of 18 years; and

(b) who has satisfied the Commissioner that the person –

(i) is a fit and proper person to hold an accommodation licence; and

(ii) will be able to exercise personal and effective control over the provision of tourist accommodation on the premises in respect of which the licence is sought.

115. Application for accommodation licence

      (1) An application for an accommodation licence –

(a) shall be made on a form approved or provided for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed application fee; and

(c) shall be made at least 28 days before the licence is to take effect, or such lesser period as the Commissioner may agree.

      (2) The Commissioner may require an applicant for an accommodation licence to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises) as the Commissioner considers necessary for a proper consideration of the application.

116. Consideration of application for accommodation licence

      (1) After considering an application for an accommodation licence the Commissioner shall –

(a) grant the licence; or

(b) refuse to grant the licence.

      (2) If the Commissioner refuses to grant an accommodation licence the Commissioner shall –

(a) notify the applicant accordingly; and

(b) inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

      (3) The Commissioner shall not grant an accommodation licence unless the Commissioner is satisfied –

(a) that the applicant is qualified to hold the licence; and

(b) that the premises to be used to provide the tourist accommodation comply with the applicable accommodation standards.

      (4) The Commissioner is not required to take any action in respect of an application for an accommodation licence if –

(a) the prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 115(2) have not been supplied.

117. Certain matters to be specified in accommodation licences

When the Commissioner grants an accommodation licence the Commissioner shall specify in it –

(a) the name of the licensee; and

(b) the premises that may be used to provide tourist accommodation; and

(c) the classification of that tourist accommodation –

118. Duration of accommodation licence

An accommodation licence is valid from the date specified in it until it is terminated in accordance with this Act.

119. Accommodation licence not transferable without approval

      (1) An accommodation licence cannot be transferred to another person without the approval of the Commissioner.

      (2) If an attempt is made to transfer the benefit of an accommodation licence to another person without the approval of the Commissioner the licence is suspended with effect from the date of the attempted transfer.

      (3) The suspension of an accommodation licence under subsection (2) ends if and when –

(a) the Commissioner approves the transfer of the licence; or

(b) the licensee informs the Commissioner that the attempted transfer has been rescinded.

120. Application for transfer of an accommodation licence

An application for the transfer of an accommodation licence –

(a) shall be made to the Commissioner on a form approved or provided for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed fee; and

(c) shall be made at least 28 days before the day on which the transfer is to take effect, or such lesser period as the Commissioner may agree.

121. Decision of Commissioner on consideration of application to transfer an accommodation licence

      (1) After considering an application for the transfer of an accommodation licence, the Commissioner shall –

(a) approve the transfer; or

(b) refuse to approve the transfer –

      (2) If the Commissioner refuses to approve the transfer of an accommodation licence 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.

122. Reclassification of accommodation

      (1) The holder of an accommodation licence may, on payment of any prescribed fee, apply to the Commissioner to have the premises specified in the licence reclassified.

      (2) If the Commissioner is satisfied that tourist accommodation authorized to be provided by a licence complies with another accommodation standard the Commissioner shall amend the licence accordingly.

123. Surrender of accommodation licence

      (1) An accommodation licence may be surrendered to the Commissioner at any time.

      (2) A surrender of an accommodation licence may relate to all or part of the premises specified in the licence.

      (3) Where a surrender of an accommodation licence relates to part of the premises specified in the licence the Commissioner shall amend the licence accordingly.