Objections and Interventions - Liquor
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Advertising Requirements
Objections
Any person may object to an application which has been
advertised. The objection must be in writing and lodged
with the licensing authority. A copy of the objection
must also be served by the objector on the applicant at
least 7 days before the hearing date.
An objection may be made on one or more of the following
grounds:
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that the grant of the application would not be
consistent with the objects of the Act or would be
contrary to the Act in some other way;
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in the case of an application for the grant or removal
of a hotel licence-that the grant of the application is
not necessary in order to provide for the needs of the
public in the area in which the premises or proposed
premises to which the application relates are situated;
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in the case of an application for the grant or removal
of a retail liquor merchant's licence-that the grant of
the application is not necessary in order to provide
for the public demand for liquor for consumption off
licensed premises in the area in which the premises or
proposed premises to which the application relates are
situated;
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in the case of an application by a natural person for
the grant or transfer of a licence, or for the
conversion of a temporary licence into an ordinary
licence-that the applicant is of bad reputation or
character or is in other respects not a fit and proper
person to be licensed;
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in the case of an application by a trust or corporate
entity for the grant or transfer of a licence, or for
the conversion of a temporary licence into an ordinary
licence-that the applicant is not a fit and proper
person to be licensed or that a person who occupies a
position of authority in the entity is of bad
reputation or character or is in other respects not a
fit and proper person to hold such a position in an
entity that holds a licence;
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in the case of an application for the grant or removal
of a licence-that the position, nature or quality of
the premises renders them unsuitable to be licensed, or
to be licensed under a licence of the kind to which the
application relates;
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that if the application were granted:
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undue offence, annoyance, disturbance or
inconvenience to people who reside, work or worship
in the vicinity of the premises or proposed
premises to which the application relates would be
likely to result; or
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the amenity of the locality in which the premises
or proposed premises to which the application
relates are situated would be adversely affected in
some other way.
-
the safety or welfare of children attending a
kindergarten, primary school or secondary school in the
vicinity of the premises or proposed premises to which
the application relates would be likely to be
prejudiced.
A lessor of licensed premises may object to an
application for removal of a licence from those premises
to some other premises if it is a term of the lease to
which he is a party that his consent is required for such
an application and his consent has not been obtained in
accordance with the lease.
A lessor of licensed premises may object to an
application for approval of alterations to the licensed
premises if the licensee has agreed in writing that the
lessor's consent is required for such an application and
the lessor's consent has not been obtained.
The licensing authority may allow a person who has made
an objection to vary the objection at any time before the
proceedings are determined.
If the licensing authority allows an objection to be
varied, the authority must ensure that parties to the
proceedings are given notice of the variation a
reasonable time before the hearing of the proceedings.
Intervention
The Commissioner of Police, the Liquor and Gambling Commissioner, or the local council to which the premises of the application relates may intervene in an proceedings before the licensing authority for the purpose of introducing evidence, or making representations on any question before the authority.
If a licensing authority directs that notice of a particular application be given to a particular body or person, that body or person may intervene in proceedings based on that application for the purpose of introducing evidence, or making representations, on any question arising in the proceedings.
