AustLII Tasmanian Numbered Acts

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LIQUOR LICENSING AMENDMENT ACT 2015 (NO. 51 OF 2015) - SECT 26

Sections 25B , 25C and 25D inserted

After section 25A of the Principal Act , the following sections are inserted in Division 2:

25B.     Conditions of licence

(1)  The Commissioner may grant a liquor licence subject to such conditions as the Commissioner thinks fit.
(2)  The holder of a liquor licence must comply with the conditions of that licence.
Penalty:  Fine not exceeding 20 penalty units.

25C.     Variation of conditions of licence by Commissioner

(1)  Subject to subsection (2), the Commissioner may, by written notice served on the licensee, vary the conditions of a liquor licence on the Commissioner's own motion by doing one or more of the following:
(a) omitting a condition;
(b) amending or substituting a condition;
(c) adding a condition.
(2)  The Commissioner must not add a new condition under subsection (1) (c) to a general licence, an on-licence, an off-licence or a club licence, if that licence was granted before the commencement of section 24 of the Liquor Licensing Amendment Act 2015 .
(3)  If the Commissioner varies a condition under subsection (1) , the Commissioner is to notify the licensee of –
(a) the variation; and
(b) the reason for the variation; and
(c) the date on which the variation takes effect; and
(d) the licensee's right to appeal to the Commission against the variation.
(4)  The Commissioner is to give the licensee at least 14 days' notice of the variation unless satisfied that, because of special circumstances, the variation should be effected more urgently.

25D.     Variation of conditions of licence by application

(1)  The Commissioner may vary the conditions of a liquor licence on the application of a licensee by doing one or more of the following:
(a) omitting a condition;
(b) amending or substituting a condition;
(c) adding a condition.
(2)  The application must be –
(a) made on a form approved or provided for the purpose by the Commissioner; and
(b) accompanied by any prescribed application fee.
(3)  The Commissioner may require the applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.
(4)  After considering the application, the Commissioner is to –
(a) approve or refuse the variation; and
(b) inform the applicant accordingly.
(5)  In the case of a refusal, the Commissioner is also to inform the applicant of the applicant's right to appeal to the Commission against the refusal.



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