Division 3Division 3 Determination of applications
14 Provision of further information and supporting evidence
(1) The relevant licensing authority may serve notice on an applicant requiring the applicant to provide:(a) such information further to the original information contained in the application, and(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,as the authority may require to enable it to deal with the application.Note. Part 4A makes special provision for photographic identification for some licences.(2) In particular, the relevant licensing authority may require an applicant to provide:(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant licensing authority may refuse the application without dealing with it any further.(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 22 but not to a right of review under section 23.
15 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant licensing legislation, is required to be advertised.(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales:(a) by the applicant, or(b) by the relevant licensing authority,as the relevant licensing legislation requires.(3) The notice must indicate:(a) that any person may make submissions to the relevant licensing authority with respect to the application, and(b) the procedure by which, and the date before which, any such submission must be lodged.(4) The date referred to in subsection (3) (b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
(1) An applicant may withdraw an application at any time before a licence is issued under section 20.(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 22.
17 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a licensing authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.(2) A licensing authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.(3) In calculating a period referred to in subsection (1), the following periods are to be excluded:(a) any period between:(i) the date on which a request for further information or supporting evidence is made under section 14, and(ii) the date on which that further information or supporting evidence is furnished,(b) any period between:(i) the date on which a notice is published under section 15 with respect to the application, and(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,(c) in the case of an application that the relevant licensing authority is required to refer to some other person or body for consideration, whether under the relevant licensing legislation or otherwise, any period (not exceeding 14 days) between:(i) the date on which the authority refers the application to that other person or body, and(ii) the date on which the authority receives a response to that reference from that other person or body,(d) in the case of an application with respect to a person whom the relevant licensing authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between:(i) the date on which the authority refers the applicant for assessment, and(ii) the date on which the authority obtains or receives the results of the assessment.
(1) A licensing authority may make either of the following decisions with respect to an application:(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant licensing legislation,(b) a decision to refuse the application.(2) Before making its decision with respect to an advertised application, the licensing authority must have regard to such submissions as have been made in accordance with section 15.
19 Notice of decision on applications
(1) A licensing authority must cause notice of its decision under section 18 on an application to be served on the applicant and (in the case of an advertised application to which any objection has been made) on each objector within 14 days after the decision is made.(2) If the decision is that the application is to be granted but the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued under section 20, the notice must indicate the amount of the fee to be paid.(3) As soon as practicable after an applicant or (in the case of an advertised application to which any objection has been made) an objector so requests, the relevant licensing authority must cause notice of the reasons for its decision to be served on the applicant or objector.(4) Subsection (3) does not apply to any decision in respect of which there is a right of review by the Administrative Decisions Tribunal under section 23.
(1) A licensing authority that grants an application must issue to the applicant an original or replacement licence, as the case requires.(2) The licence is to be issued:(a) if the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued, on payment of the fee, or(b) in any other case, when notice of the licensing authority’s decision is served on the applicant as referred to in section 19.(3) A licence:(a) must be in a form approved by the licensing authority, and(b) must include the following particulars:(i) a unique identifier,(ii) the name of the licensee,(iii) the kind of licence it is, whether by reference to the provision of the relevant licensing legislation or otherwise,(iv) the authority conferred by the licence and (in the case of a licence that is subject to discretionary conditions) a statement to that effect,(v) the date on which the licence comes into force and (in the case of a fixed-term licence) the date on which the licence expires, and(c) may include such other particulars as the licensing authority considers appropriate to include in the licence.(4) A licence may indicate the kind of licence it is, and the authority it confers, by reference to words, codes or symbols prescribed for that purpose by the relevant licensing legislation.(5) A single document may contain one or more licences together with one or more certificates of registration under Part 3.
(1) Subject to subsection (2), a licence comes into force:(a) on the date on which it is issued, or(b) on such other date (whether earlier or later) as is specified in the licence.(2) A renewed (but not a restored) licence comes into force on the date following the expiry date of the licence it renews.(3) A licence that comes into force before the date on which it is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant licensing legislation.(4) Unless sooner cancelled, a fixed-term licence remains in force for such period as is specified in the licence.(5) If an application for renewal of a licence is made before the date on which the licence would otherwise expire, the licence remains in force, for the purposes only of this Act and the relevant licensing legislation, until the date on which the applicant is notified of the relevant licensing authority’s decision on the application.(6) Subsection (5) does not affect any requirements (such as requirements as to insurance) that must be complied with by a licensee under the relevant licensing legislation.(7) Without limiting any other circumstances in which a licence may be cancelled, a licence is taken to be cancelled for the purposes of this section if the licensee surrenders the licence to the relevant licensing authority together with a notice to the effect that the licensee intends that the licence be cancelled.(8) Subject to subsection (7), nothing in this section authorises the suspension or cancellation of a licence.
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
(1) An applicant who is aggrieved by the relevant licensing authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant licensing legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant licensing legislation does not provide the applicant with such a right, to the Administrative Decisions Tribunal.(2) An objector who is aggrieved by the relevant licensing authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant licensing legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant licensing legislation does not provide the objector with such a right, to the Administrative Decisions Tribunal.(3) For the purposes of section 67 (2) (e) of the Administrative Decisions Tribunal Act 1997, the parties to proceedings before the Administrative Decisions Tribunal on a review arising under subsection (1) (b) or (2) (b) include, in the case of an advertised application in respect of which any objection has been duly made under section 15, any objector who, in accordance with rules of the Tribunal, gives notice to the Tribunal of the objector’s wish to become a party to the appeal.