New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 63

63 Grant of application for endorsement of licence following death etc of licensee

(1) The Authority may grant an application under section 62 if the Authority is satisfied that the person whose name the applicant seeks to have endorsed on the licence is a fit and proper person to carry on the business to which the application relates.

(1A) Without limiting subsection (1), in determining whether a person is a fit and proper person to carry on the business to which the application relates the Authority is to consider whether the person--

(a) is of good repute, having regard to character, honesty and integrity, and

(b) is competent to carry on that business.

(2) In deciding whether or not to grant an application under section 62, the Authority is to take into consideration any submissions made by the Secretary or the Commissioner of Police in relation to the application.

(3) If, following the death of a licensee, the Authority is so satisfied in relation to more than one such person, the Authority may grant the application of such one of them as the Authority thinks fit.

(4) The granting of an application under section 62 takes effect with respect to a licence when the Authority endorses the licence accordingly.

(5) A person whose name is endorsed on a licence under subsection (4) is, while the endorsement has effect, taken to be the licensee.

(5A) If, following the death of a licensee--

(a) an application under section 62 for endorsement of the licence is not made within the period required by section 62(3), or

(b) such an application is made within that period but the application is refused by the Authority,

the licence is suspended until such time as the licence is transferred to another person.

(6) Subject to section 64(4), an endorsement under this section has effect for the period specified by the Authority. Any such specified period may, before the period expires, be extended by the Authority on application by the person who is taken to be the licensee.