Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 78

In this Act:

"suitability information", about premises, means information about the following:

        (a)     any conviction of, or finding of guilt against, 1 or more of the following people for an offence against this Act involving the premises:

              (i)     the responsible person for the premises;

              (ii)     a close associate of the responsible person for the premises;

              (iii)     if the responsible person for the premises is a corporation—an influential person for the corporation;

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)     any proven noncompliance of the premises with a legal obligation in relation to the supply of liquor while 1 or more of the following people was involved in a business operated at the premises:

              (i)     the responsible person for the premises;

              (ii)     a close associate of the responsible person for the premises;

              (iii)     if the responsible person for the premises is a corporation—an influential person for the corporation;

Example

the premises are licensed premises and the licence has been suspended

        (c)     any refusal of an application for a licence, permit or other authority (however described) in relation to the supply of liquor at the premises;

        (d)     whether the premises comply with the requirements of—

              (i)     this Act; and

              (ii)     the Building Act 2004

; and

              (iii)     the Planning Act 2023

;

        (e)     whether use of the premises in accordance with the licence or permit would be within the purpose of the lease for the land on which the premises are located;

        (f)     the fire safety of the premises;

        (g)     the level of noise likely to emanate from the premises if used in accordance with the licence or permit;

        (h)     whether use of the premises in accordance with the licence or permit would be likely to attract a large number of people and, if so, the risk to community safety;

              (i)     whether use of the premises in accordance with the licence or permit would be likely to cause undue disturbance, inconvenience or offence to people—

              (i)     lawfully at adjacent or nearby premises; or

              (ii)     because of the premises' proximity to a place of public worship, a hospital, residential premises, or a school;

        (j)     any other matter relevant to the appropriateness of the premises in relation to the supply of liquor.

Note 1     Supply includes sell (see dict).

Note 2     The commissioner must consider the suitability information for premises when deciding to issue or amend a licence, or issue, amend or renew a permit. The commissioner does not consider the suitability information for premises when deciding an application to transfer a licence to someone else (see s 41).