New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 60A

60A Alternative process for transfer of licence

(1) A licence may not be transferred under this section if the transfer involves a change in the ownership of the business carried on under the licence.

(2) A licence may be transferred under this section to another person (the
"transferee" ) but only if--

(a) the transferee is the holder of a licence of the same type as the transferred licence or was, at any time during the period of 3 years immediately before the transfer, the holder of a licence of the same type as the transferred licence, and

(b) the transferee has not committed a demerit offence during that 3-year period, and

(c) the licence has not been suspended (otherwise than under section 46A) or cancelled, or the licensee has not been disqualified from holding a licence, during that 3-year period.

(3) The transfer of a licence under this section does not have effect until--

(a) the transferee has given the Authority notice in writing of the transfer, and

(b) the Authority, on payment of such fee as may be prescribed by the regulations, endorses the licence to the effect that the licence is held by the transferee.

(4) The Authority may refuse to endorse the licence to that effect if the Authority is of the opinion that the requirements under subsection (2) are not satisfied in relation to the transfer of the licence.

(5) A notice under this section must--

(a) be in the form approved by the Authority, and

(b) be accompanied by the written consent of the owner of the business carried on under the licence to the transfer, and

(c) must be accompanied by a declaration in writing, in a form approved by the Authority, certifying such matters as may be required by the approved form (including matters relating to the transferee's responsibilities in relation to, and capacity to implement, practices in place at the licensed premises for ensuring the responsible sale, supply and service of alcohol, and the prevention of intoxication, on the premises).

(6) For the purposes of subsection (2)(b), a demerit offence is committed in the circumstances referred to in section 144C.