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Liquor and Accommodation Act 1990 (No. 44 of 1990)
|Requested: 22 May 2013|
|Consolidated as at: Sessional|
Division 5 - Restrictions and controls on production of appellation wine
181. Power of Commissioner to suspend licence
(1) If the Commissioner is satisfied that
the Commissioner may give the licensee a written notice requiring the licensee to comply with a direction specified in the notice.
(a) a licensee has failed to comply with an obligation under Division 6 (obligations of licensees); or
(b) the condition of the premises specified in a wine producers licence is such that they are no longer satisfactory for producing wine or for growing grapes
(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, suspend the wine producers licence of the licensee in respect of all or any part of the premises specified in the licence.
(3) If the Commissioner gives notice under subsection (2) suspending a wine producers licence the Commissioner shall at the same time inform the licensee of the licensee's right to appeal to the Board against the suspension of the licence.
(4) The suspension of a licence under this section takes effect when notice of the suspension 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.
182. Cancellation and suspension of wine producers licence
The Commissioner may apply to the Board for a hearing to cancel or suspend a wine producers licence if
(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 a wine producers 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 produce wine or grow grapes, as the case may be; 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 facts; or
(h) the premises specified in the licence have been altered without the Commissioner's approval; or
(i) the licensee can no longer exercise personal control over the production of wine or the growing of grapes, as the case may be, on all or any part of the premises specified in the licence.