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Contents (2007 - 90)
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Liquor Act 2007 No 90
Current version for 1 December 2019 to date (accessed 23 February 2020 at 21:38)
Part 4 Division 2A
Division 2A Periodic licence fees
58A   Periodic licence fee
(1)  A periodic licence fee is payable to the Secretary for a licence while the licence is in force or under suspension and is so payable on each due date prescribed by the regulations for the purposes of this section.
(2)  Regulations may be made prescribing the periodic licence fees payable under this section and for and with respect to—
(a)  times for payment of the fees (including payment of different elements of the fees at different times), and
(b)  penalties for late payment of the fees, and
(c)  the circumstances in which the fee, or a proportion of such a fee, may be re-assessed, waived or refunded, and
(d)  information to be provided to the Secretary for the purpose of calculating the fee.
(3)  The regulations may provide that a periodic licence fee (or an element of a periodic licence fee) is to be determined by reference to matters including, but not limited to the following—
(a)  the location of the relevant licensed premises,
(b)  the trading hours of the licensed premises,
(c)  the patron capacity of the licensed premises,
(d)  offences committed at or in relation to the licensed premises,
(e)  compliance by the licensee with the requirements of this or any other Act with respect to the licensed premises,
(f)  the number of packaged liquor licences held by the same person, or in which the same person (other than a financial institution) is interested in the business, or profits of the business, carried on under the licences, or both.
(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.
58B   Suspension and cancellation for late payment of periodic licence fee
(1)  If the periodic licence fee payable for a licence has not been paid before the expiration of 28 days after the due date for payment as provided by the regulations, the licence is suspended.
(2)  The suspension is lifted if—
(a)  the periodic licence fee, and
(b)  the late payment fee prescribed by the regulations,
are paid within 28 days of the suspension.
(3)  However, if the periodic licence fee payable for a licence and any such late payment fee are not paid before the expiration of the 28 day period after the licence is suspended, the licence is cancelled on the expiration of the period.
58C   Application for reinstatement of cancelled licence
(1)  The following persons may apply to the Secretary for the reinstatement of a licence cancelled by the operation of section 58B—
(a)  the former holder of the licence,
(b)  any other person (other than a financial institution) who is interested in the business, or the profits of the business, carried on under the licence.
(2)  Such an application may only be made within 56 days after the cancellation of the licence.
(3)  An application under this section must—
(a)  be made in the form and manner approved by the Secretary, and
(b)  be accompanied by—
(i)  the unpaid periodic licence fee concerned, and
(ii)  the late payment fee prescribed by the regulations, and
(iii)  the application fee prescribed by the regulations (if any), and
(c)  be accompanied by such information and particulars as may be prescribed by the regulations, and
(d)  comply with such other requirements as may be imposed by the Secretary or prescribed by the regulations.
(4)  The Secretary may reinstate the licence if the Secretary is satisfied that there is a reasonable explanation for the failure to pay the periodic licence fee.
(5)  A cancelled licence that is reinstated under this section is to take effect and continue in force as if the licence had been suspended during the period of cancellation.
(6)  Regulations may be made for and with respect to the circumstances in which a fee that accompanies an application under this section, or a proportion of such a fee, may be waived or refunded.
(7)  For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under a 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 carried on.
(8)  Sections 23(2) and 28(2) of the Gaming Machines Act 2001 do not apply in relation to a licence that has been cancelled by the operation of section 58B and reinstated under this section.