Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 39

    (1)     A licensee must apply to the commissioner for amendment of the licence if the licensee intends to change the floor plan of the licensed premises.

Note 1     If a form is approved under s 228 for an application, the form must be used.

Note 2     A fee may be determined under s 227 for this provision.

    (2)     The application must—

        (a)     be in writing; and

        (b)     include evidence that the operation of the business under the licence at the premises, as intended to be changed, complies with—

              (i)     the lease where the premises are located; and

              (ii)     the territory plan

; or

        (c)     include—

              (i)     the final floor plans of the premises, as intended to be changed, approved by the territory planning authority in the development approval for the premises; and

              (ii)     if the licence is a general licence, an on licence (other than a restaurant and cafe licence that is not required to have an approved risk-assessment management plan), a club licence or a special licence—a risk-assessment management plan for the altered licensed premises.

    (3)     The commissioner may amend the licence only if satisfied that the premises as intended to be changed are suitable premises for the licence.

Note 1     Amend includes amend, impose or remove a licence condition—see the dictionary.

Note 2     Suitable premises , for a licence or permit—see s 75.

Note 3     A decision under this subsection is a reviewable decision (see s 220).

    (4)     If the commissioner amends a general licence, on licence, club licence or special licence because of the intended changes to the floor plan, the commissioner must also decide—

        (a)     the occupancy loading for each public area at the licensed premises as intended to be changed; and

        (b)     the adults-only areas (if any) for the licensed premises as intended to be changed.

Note 1     Occupancy loading , for a public area at licensed premises or permitted premises—see s 83.

Note 2     Adults-only area , for licensed premises or permitted premises—see s 93.

    (5)     The commissioner must, not later than the required time—

        (a)     decide the application for amendment for alteration of licensed premises; and

        (b)     tell the licensee about the decision on the application.

    (6)     In this section:

"required time" means the latest of the following:

        (a)     if the commissioner requires the licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—30 days after the day the commissioner receives the certificate, plan or information;

        (b)     if the commissioner asks the licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—30 days after the day the commissioner inspects the premises;

        (c)     30 days after the day the commissioner receives the application.

Note     Failure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative Tribunal Act 2008

, s 12).