Division 4Division 4 Making of applications
36 Restrictions on liquor licence applications
(1) (Repealed)(1A) An application for a licence may be made by:(a) a natural person, or(b) a body corporate.(1B) An application for a licence may not be made by:(a) a natural person who is under the age of 18 years, or(b) a person who is disqualified from holding a licence or who holds a suspended licence.(2) (Repealed)(3) An application for an on-licence relating to premises within a university may be made only by a nominee of the university.(4) (Repealed)(5) Application may not be made for an off-licence in respect of a vessel or an aircraft or for the removal of an on-licence (other than an on-licence that relates to a restaurant and that is endorsed with a dine-or-drink authority).(5A) Application may not be made for a caterer’s licence where the commercial kitchen to be specified in the licence is on a vessel or an aircraft.(5B) Application may not be made for the removal of a caterer’s licence (that is, to change the commercial kitchen specified in the licence as the commercial kitchen to which the licence applies).(6) (Repealed)(7) Where an on-licence relating to a restaurant or a theatre, or a caterer’s licence, is cancelled, an application for a licence relating to the premises, or any part of the premises, to which the cancelled licence related may not be made within the period of 2 years that next succeeds the cancellation.
(1) An application under this Act shall be made and advertised as prescribed, shall be accompanied by the prescribed documents and shall be lodged as prescribed.(1A) An application for a dine-or-drink authority in respect of premises already licensed as a restaurant need not be advertised in a newspaper or in any other manner, except in so far as the regulations otherwise provide.(2) Where the venue for the hearing of the matter of an application to the court would not ordinarily be the prescribed place at which the application was lodged, the registrar for the prescribed place at which the application was lodged shall:(a) inform the applicant of the prescribed place that will be the venue for the hearing of the matter of the application, and(b) transmit to the registrar for that prescribed place the application and the papers relating thereto that are in his or her possession or under his or her control.(3) A failure to comply with subsection (2) does not operate to prevent the court from hearing and determining at such prescribed place as it thinks fit the matter of an application to which that subsection applies.(4) An application shall be accompanied by the amount of the prescribed fee for the application and, if the application is granted, the fee prescribed by section 56 is reduced by that amount.(5) Where, before an application for a licence or transfer of a licence is disposed of, a change occurs in the information provided in, or in connection with, the application (including information provided under this subsection) or in the documents lodged with the application, the applicant shall forthwith give the Principal Registrar a notice in writing specifying particulars for the change.Maximum penalty: 20 penalty units.
(6) For the purposes of subsection (5), an application is disposed of when the application is granted or refused. In the case of an application for transfer of a licence that is granted provisionally, the application is not disposed of until the provisional grant is confirmed by the court or it ceases to have effect.(7) (Repealed)
37A On-licence to sell liquor at function—applicant for licence
An application for an on-licence to sell liquor at a function other than a trade fair may be made only by a person acting on behalf of, and with the authority of, a non-proprietary association and only in respect of a function of the association.
37B On-licence to sell liquor at function (other than a trade fair)—application for licence or additional function
(1) This section applies to:(a) an application for an on-licence to sell liquor at a function, or(b) an application for approval to conduct an additional function under a permanent on-licence (function),being a function that is not a trade fair.(2) An application to which this section applies may be made only in respect of a function that:(a) is conducted under the auspices of the non-proprietary association concerned, and(b) is in conformity with the association’s constitution or any law that governs its activities, and(c) will directly promote specific objects or purposes of the association.(3) Except as provided by subsection (4), an application to which this section applies must be made no later than 28 days before any function to which the application relates is to be held.(4) The court or person determining an application to which this section applies may permit the application to be made at a later time than the period referred to in subsection (3), but only if satisfied that the special circumstances of the case warrant the shorter period.(5) An application to which this section applies may not be made if the date on which the function or any function to which the application relates is to be held is more than 18 months after the date of the application.
37C Community liquor licence—applicant for licence
An application for a community liquor licence may be made:(a) only by a person acting on behalf of, and with the authority of, a non-proprietary association, and(b) only if the licence is to be conducted under the auspices of the association, and(c) only if the conduct of the licence is in conformity with the association’s constitution or any law that governs its activities, and will directly promote specific objects or purposes of the association.
38 Affidavit as to interested persons
(1) This section does not apply to or in respect of an application for an on-licence to sell liquor at a function or to or in respect of an application for a Governor’s licence or a special event licence.(2) An application:(a) for a licence, or(b) for removal of a licence, or(c) for transfer of a licence under section 42,shall be accompanied by the affidavit referred to in subsection (3).(3) The affidavit specified in this subsection is an affidavit by a person having knowledge of the facts stating:(a) that the person has made all reasonable inquiries to ascertain the information required to complete the affidavit, and(b) whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and(c) if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.(4) For the purposes of subsection (3), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.
40 Application for conditional grant
(1) An application:(a) for a licence,(b) for removal of a licence,(c), (d) (Repealed)(e) under section 49 to modify or dispense with a requirement or condition for the provision of residential or other accommodation,may be made as a conditional application if the premises to which the licence will relate, or to which the licence is to be removed, are premises proposed to be erected, or premises proposed to be added to or altered, in accordance with an approved plan lodged with the application or are premises already erected in respect of which there is lodged with the application any consent required under another Act for the proposed use, or proposed change of use, of the premises.(2) Where a conditional application is made by an employee of a corporation in the course of his or her employment by the corporation, the corporation may, with the approval of the court, at any time before the final grant of the application, substitute another employee of the corporation as the applicant.(3) Upon the prescribed notice being given to any objectors to an application that has been conditionally granted, and upon such terms as the court thinks fit, the court may hear and determine an application:(a) to amend a conditional grant, or(b) where the conditionally granted application relates to premises proposed to be erected—to approve an alternative site for the premises, being a site in the immediate vicinity of the site first approved.(4) Subsection (3) applies to a conditional grant that:(a) was made under the Liquor Act 1912 before its repeal or under this section before its amendment by the Liquor (Amendment) Act 1990, and(b) still had effect immediately before the commencement of that amendment,in the same way as it applies to a conditional grant made under this Act.(5) Before granting a conditional application, the court may require to be lodged with the court a further approved plan that shows an amendment required by the court to be made to the approved plan or plans previously lodged in relation to the application.(6) In this section:approved plan, in relation to proposed licensed premises, or a proposed addition to or alteration of licensed premises, means a plan of the proposed premises, or of the proposed addition or alteration, that is accompanied by any development consent required under the Environmental Planning and Assessment Act 1979 for the carrying out of the work represented by the plan, or evidence that such consent is not required.
(7) In proceedings under this section, the court is not bound to hear any submission made or receive any evidence adduced by any person (other than the Director, the Commissioner of Police or the local consent authority):(a) as to whether any plan on which the applicant relies is or is not an approved plan, or(b) as to whether a development consent or certificate accompanying any plan on which the applicant relies was issued before or after the date of lodgment of the application, or(c) as to any alleged omission, error, defect or insufficiency in any such plan or any alleged discrepancy between the plan and any approved plan, or(d) generally as to any aspect of the validity or propriety of a plan or of any development consent or certificate accompanying it.
41 Application for transfer of licence
(1) Application for transfer of a licence (other than an on-licence to sell liquor at a function or relating to premises within a university) may be made by the licensee and the proposed transferee, except where, in the case of a transfer of a licence to sell liquor at a function where the licence is held by the secretary of a non-proprietary association, it is desired to transfer the licence to a person who succeeds him or her in that office.(2) An application for the transfer of an on-licence relating to premises within a university may be made by a proposed transferee nominated for the purpose by the university.(3) Where a licence to sell liquor at a function is held by the secretary of a non-proprietary association and he or she is succeeded in that office by another person, a transfer of the licence to that successor may be made by lodging with the registrar, within the prescribed time:(a) the licence, and(b) a notification of the name of that successor.(4) An application under subsection (1) must be accompanied by the affidavit referred to in section 38 (3) (if applicable).
42 Application on dispossession of licensee
(1) This section applies where a licence is current and:(a) the licensee is evicted from the licensed premises, or(b) to the exclusion of the licensee, the owner of the licensed premises comes into, or becomes entitled to, possession of the licensed premises.(2) Where this section applies, application for a transfer of the licence may be made:(a) where the licensed premises are the subject of a lease or contract with the owner of the premises pursuant to which the licence is exercised—by the owner of the premises, or(b) in any other case—by a person directly or indirectly interested in the exercise of the licence.(2A) The owner of licensed premises, or a person interested directly or indirectly in the exercise of the licence, who comes into possession of the premises is to be taken to be the licensee of the premises until:(a) the day that is 28 days after this section becomes applicable, or(b) the day on which application is made under subsection (2),whichever first occurs.(3), (4) (Repealed)(5) Where an application is made under subsection (2) not later than 28 days after this section becomes applicable, the applicant is, until the application is heard and determined or otherwise disposed of, taken to be the licensee under the licence to which the application relates.(6) The court may not hear an application for transfer of a licence under this section unless, in the absence of special circumstances, it is satisfied:(a) that notice of the application was given to the dispossessed licensee at least 3 clear days before the hearing, or(b) that all reasonable steps necessary for giving notice in accordance with paragraph (a) were taken by or on behalf of the applicant and that failure to give the notice was not due to any neglect or default of the applicant or of any person employed by the applicant for the purpose of giving notice.
42A Fee for application for transfer of licence
An application for a transfer of a licence under section 41 or 42 shall be accompanied by the amount of the prescribed fee for the application and, if the application is granted, the fee prescribed by section 61 (8) or (9), as the case may be, is reduced by that amount.