New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 144ZA

144ZA Requirements for deciding to take remedial action

(1) In deciding whether to take remedial action under this Division, the Authority--

(a) must take into account the following--

(i) any submissions made by the following persons--

(A) a person specified in section 144Z(1),

(B) the NSW Police Force,

(C) the local consent authority for the licensed premises,

(D) the Secretary,

(ii) to the extent that the Authority considers it to be relevant to the decision--

(A) the size and patron capacity of the licensed premises and any impact those factors have on the ability of the licensee or manager of the licensed premises to prevent a demerit offence being committed or another prescribed complaint being made in relation to the licensee or manager of the licensed premises, and

(B) the history and nature of the commission of demerit offences by the licensee or manager, and

(C) the history and nature of prescribed complaints that have been made in relation to the licensee or manager, and

(D) whether other action would be preferable, and

(E) whether there have been changes to the persons who are the licensee, manager of the licensed premises, or owner of the business carried on under the licence, and

(F) whether there have been changes to the business practices in respect of the business carried on under the licence, and

(G) any other matter prescribed by the regulations for the purposes of this section, and

(b) may take into account any other matter the Authority considers relevant.

(2) The Authority must, as soon as practicable after making the decision, give each person stated in section 144Z(1) written notice of the following--

(a) the decision,

(b) the reasons for the decision,

(c) any right of review in respect of the decision.

(3) The regulations may prescribe guidelines setting out how the matters referred to in subsection (1)(a)(ii) are to be taken into account by the Authority.