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LIQUOR ACT 2010 - SECT 184

Grounds for occupational discipline—commercial permit-holder

    (1)     Each of the following is a ground for occupational discipline in relation to a commercial permit-holder:

        (a)     the permit-holder 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 permitted premises do not comply with the requirements of this Act;

        (c)     the permit-holder is not a suitable person to hold a permit;

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

        (d)     the permitted premises are not suitable premises for the permit;

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

        (e)     the commissioner has made a commissioner's direction for the permit-holder and the permit-holder 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 permit-holder and the permit-holder has not complied with the order;

Note     Emergency closure order —see s 146.

        (g)     the permit-holder has allowed the permitted 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 permitted premises that is attributable to the premises and about which there has been a complaint;

              (i)     the permit-holder has allowed people to smoke in a part of the permitted premises that is—

              (i)     an enclosed public place; or

              (ii)     an outdoor eating or drinking place;

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

              (i)     an enclosed public place; or

              (ii)     an outdoor eating or drinking place;

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

              (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 commercial permit if—

        (a)     the permit-holder has—

              (i)     contravened a commissioner's direction; or

              (ii)     breached a condition of the permit; and

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

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



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