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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  24 May 2013
Consolidated as at:  Sessional

Division 4 - Restrictions and controls on provision of tourist accommodation

131. Power of Commissioner to suspend accommodation licence

      (1) If the Commissioner is satisfied that –

(a) a licensee has failed to comply with an obligation under Division 5 (obligations of licensees); or

(b) the premises specified in an accommodation licence do not comply with the accommodation standards applicable to the classification of tourist accommodation specified in the licence –

      (2) If a licensee fails to comply with a direction specified in a notice given in accordance with subsection (1) the Commissioner may, by written notice served on the licensee –

(a) suspend the licence of the licensee in respect of all or any part of the premises specified in the licence; or

(b) reclassify the premises specified in the licence.

      (3) If the Commissioner gives notice under subsection (2) suspending a licence or reclassifying premises the Commissioner shall at the same time inform the licensee of the licensee's right to appeal to the Board against the suspension or reclassification.

      (4) The suspension of an accommodation licence or the reclassification of accommodation under this section takes effect when notice of the suspension or reclassification is served on the licensee or on such later date as is specified in the notice.

      (5) The Commissioner may revoke a suspension under subsection (2) at any time by notice served on the licensee.

132. Cancellation of accommodation licence

      (1) The Commissioner may by written notice served on the licensee cancel an accommodation licence at any time if the Commissioner is satisfied that –

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

(b) 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 an accommodation licence; or

(c) the licensee's licence has been suspended under or by virtue of this Part on 3 occasions; or

(d) the licensee is no longer using or intending to use the premises specified in the licence to provide tourist accommodation; or

(e) the licensee is no longer the owner or occupier of the premises specified in the licence; or

(f) the licensee is no longer the agent of the owner or occupier of the premises specified in the licence; or

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

(h) the premises specified in the accommodation licence have been altered without the Commissioner's approval; or

(i) the licensee can no longer exercise personal control over the provision of tourist accommodation on all or any part of the premises specified in the licence; or

(j) the premises specified in the licence no longer comply with the accommodation standards applicable to the classification of tourist accommodation specified in the licence.

      (2) If the Commissioner gives notice cancelling an accommodation licence the Commissioner shall at the same time inform the licensee of the licensee's right to appeal to the Board against the cancellation.

      (3) The cancellation of an accommodation licence under this section takes effect when notice of the cancellation is served on the licensee or on such later date as is specified in the notice.

133. Conditions – accommodation

Without prejudice to the generality of sections 107 (accommodation permits) and 108 (general accommodation exemption) the conditions referred to in those sections may relate to all or any of the following:

(a) the facilities to be provided for the use of people using the accommodation;

(b) the services to be provided to people using the accommodation;

(c) the staff to be employed in respect of the accommodation – including their qualifications and duties;

(d) the precautions to be taken and observed in respect of fire and other hazards – including the equipment to be available for use in times of danger;

(e) the area of the premises which may or may not be used for various activities by people using the accommodation.