Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 86

    (1)     This section applies if the commissioner must decide the occupancy loading for a public area at licensed premises or permitted premises.

    (2)     The commissioner must ask the chief officer (fire and rescue service) to recommend an occupancy loading for the area as soon as practicable after deciding to—

        (a)     issue a licence under section 27 (Licence—decision on application) or an interim licence under section 27A (Licence—interim licence); or

        (b)     amend the licence under section 39 (Licence—amendment for change to floor plan of licensed premises); or

        (c)     issue the permit under section 51 (Permit—decision on application).

    (3)     To prepare the recommendation, the chief officer (fire and rescue service) may, by written notice (an occupancy loading notice ) given to the responsible person for the premises, require the person to—

        (a)     give the chief officer (fire and rescue service) a fire engineering study for the area not later than a stated reasonable time; or

        (b)     allow the chief officer (fire and rescue service) to inspect the area within a stated reasonable time.

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

    (4)     In making the recommendation, the chief officer (fire and rescue service) must consider—

        (a)     if the chief officer (fire and rescue service) has required the responsible person for premises to provide a fire engineering study—the fire engineering study; and

        (b)     if the chief officer (fire and rescue service) has required the responsible person for premises to allow an inspection—the results of the inspection; and

        (c)     the method of determining the number of people in an area under the building code.

    (5)     The chief officer (fire and rescue service) must give the commissioner the officer's occupancy loading recommendation for an area as soon as practicable after—

        (a)     the commissioner's request; and

        (b)     the responsible person for the premises—

              (i)     provides the study (if required); and

              (ii)     allows the inspection (if required).