Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 183

    (1)     Each of the following is a ground for occupational discipline in relation to a licensee:

        (a)     the licensee has contravened, or is contravening, a provision of this Act;

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

        (b)     the licensed premises do not comply with the requirements of this Act;

        (c)     the licensee is not a suitable person to hold a licence;

Note     For what ACAT must consider in deciding suitability—see s 185.

        (d)     the licensed premises are not suitable premises for the licence;

Note     For what ACAT must consider in deciding suitability—see s 186.

        (e)     the commissioner has made a commissioner's direction for the licensee and the licensee has not complied with the direction;

Note     Commissioner's direction —see s 144.

        (f)     a senior police officer has made an emergency closure order for the licensee and the licensee has not complied with the order;

Note     Emergency closure order —see s 146.

        (g)     the licensee has allowed the licensed premises to be used in a way that causes undue disturbance or inconvenience to people—

              (i)     lawfully at the premises; or

              (ii)     occupying premises in the neighbourhood;

        (h)     a loss of amenity has arisen in the vicinity of the licensed premises that is attributable to the premises and about which there has been a complaint;

              (i)     the licensee has allowed people to smoke in a part of the licensed premises that is—

              (i)     an enclosed public place; or

              (ii)     an outdoor eating or drinking place (other than a designated outdoor smoking area);

        (j)     the licensee has failed to take reasonable steps to prevent smoke from another area occupied by the licensee entering—

              (i)     an enclosed public place; or

              (ii)     an outdoor eating or drinking place (other than a designated outdoor smoking area);

        (k)     the licensee has allowed a person of concern to do 1 or more of the following in relation to the business operated under the licence:

              (i)     exercise a significant influence in relation to the conduct of the business;

              (ii)     take part in a directorial, managerial or executive decision for the business;

              (iii)     elect or appoint a person as an executive officer in the business.

    (2)     There are grounds to suspend a licence if—

        (a)     the licensee has—

              (i)     contravened a commissioner's direction; or

              (ii)     breached a condition of the licence; and

        (b)     it is in the public interest to suspend the licence; and

        (c)     it is not appropriate to cancel the licence.

    (3)     There are grounds to cancel a licence if—

        (a)     the licensee was given an immediate suspension notice under section 46A (Licence—immediate suspension for failure to pay fee); and

        (b)     the licensee failed to pay the fee within 28 days after the immediate suspension notice was given.