Australian Capital Territory Numbered Acts

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LIQUOR (AMENDMENT) ACT 1990 (NO. 50 OF 1990) - SECT 17

Substitution

17. Section 33 of the Principal Act is repealed and the following sections are substituted:

“33. Where the Authority decides to authorise the issue of a licence to an applicant, it shall authorise the issue of a licence of the class applied for, unless it considers, on reasonable grounds, that a licence of a different class should be issued.

“33A. (1) The Authority shall not authorise the issue of a licence to an applicant if it is satisfied on reasonable grounds that—

        (a)     the applicant is not a fit and proper person to hold a licence;

        (b)     the premises in respect of which the licence is sought are not fit and proper premises for the purpose of the licence; or

        (c)     the conditions of the Crown lease over those premises are not appropriate conditions for the purpose of the licence.

“(2) The matters which the Authority shall consider in deciding whether to authorise the issue of a licence include the following:

        (a)     the applicant's age;

        (b)     the applicant's understanding of the obligations of a licensee under this Act;

        (c)     whether the applicant has been convicted of a defined offence;

        (d)     whether the applicant has contravened a provision of this Act, or a direction;

        (e)     whether the applicant is an undischarged bankrupt;

        (f)     if the applicant is a body corporate—

              (i)     whether the body is in liquidation; or

              (ii)     whether, in consideration of the matters referred to in paragraphs (a) to (e) (inclusive) or otherwise, any defined influential person in relation to the body would not be a fit and proper person to hold a licence;

        (g)     the provisions of the Manual as they relate to the premises in relation to which the licence is sought, and to any proposed alterations to those premises.

“(3) Where the Authority has reasonable grounds for believing that an applicant intends to hold the licence for the purposes of a partnership, a reference in subsection (1) or (2) to the applicant is to be read as including a reference to each of the partners who the Authority has reasonable grounds for believing intends to be concerned in, or to take part in, the management of the partnership's business in relation to the licence, whether or not the partner's name appears on the application.”.



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