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LIQUOR ACT 2007 - SECT 60
Transfer of licence
60 Transfer of licence
(1) The Authority may, on application made in accordance with this section,
approve the transfer of a licence to a person who, in the opinion of the
Authority, would be entitled to apply for the same type of licence in relation
to the licensed premises.
(2) An application for approval to transfer a
licence may be made by the licensee or the person to whom the licence is
proposed to be transferred.
(3) In the case of the transfer of a limited
licence that is held by a person on behalf of a non-proprietary association,
the application for approval to transfer the licence may be made-- (a) by the
secretary or other relevant office holder of the non-proprietary association,
or
(b) if the non-proprietary association is a local council--by the general
manager of the council, or
(c) if the non-proprietary association is a public
authority or community organisation referred to in paragraph (c) of the
definition of
"non-proprietary association" in section 4(1)--by the chief executive officer
of the authority or organisation.
(4) An application for approval to transfer
a licence must-- (a) be in the form and manner approved by the Authority, and
(b) be accompanied by the fee prescribed by the regulations and such
information and particulars as may be prescribed by the regulations, and
(c)
if made by a person other than the licensee--be accompanied by the written
consent of the licensee to the proposed transfer, and
(d) comply with such
other requirements as may be approved by the Authority or prescribed by the
regulations.
(5) An application for approval to transfer a licence to another
person is to be dealt with and determined by the Authority as if it were an
application for the granting of a licence to the other person and the other
person was the applicant for the licence. Accordingly, the provisions of
Division 1 apply in relation to an application under this section.
(6) A club
licence may be transferred to another club only if the Authority is satisfied
that the requirements of Division 1A or 1B of Part 2 of the
Registered Clubs Act 1976 and of any regulations made for the purposes of
this section have, to the extent that they apply in relation to the transfer,
been complied with. Note : Division 1A of Part 2 of the Registered Clubs Act
1976 relates to club amalgamations and Division 1B relates to the
de-amalgamation of amalgamated clubs.
(7) The Authority may provisionally
approve the transfer of a licence to another person if the Authority is
satisfied that-- (a) there is nothing that would preclude the Authority from
approving the transfer of a licence, and
(b) the circumstances of the case
justify giving the approval on a provisional basis.
(8) A provisional
approval to transfer a licence is sufficient authority for the transfer of the
licence. However, any such provisional approval ceases to have effect unless
it is confirmed by the Authority before the end of the period specified by the
Authority when provisionally approving the transfer (or such later period as
may be allowed by the Authority before the expiration of the specified
period).
(9) If a provisional approval to transfer a licence ceases to have
effect because of the operation of subsection (8), the Authority may make such
orders in relation to the licence as the Authority considers appropriate,
including any of the following orders-- (a) an order that the licence is to
revert to the transferor,
(b) an order treating a person (with the person's
consent) as licensee until a transfer of the licence is effected,
(c) an
order that the licence cannot be exercised until specified conditions are met
or the Authority orders otherwise.
(10) Any such order has effect according
to its terms.
(11) The Authority must not approve or provisionally approve
the transfer of a licence unless satisfied-- (a) that practices will be in
place at the licensed premises of the transferee as soon as the licence is
transferred that ensure as far as reasonably practicable that liquor is sold,
supplied and served responsibly on the premises and that all reasonable steps
are taken to prevent intoxication on the premises, and
(b) that those
practices will remain in place.
(12) The transfer of a licence has effect as
if the licence had been granted to the transferee.
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