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LIQUOR ACT 2007 - SECT 139
Grounds for making complaint
139 Grounds for making complaint
(1) A complaint in relation to a licensee, manager or close associate of a
licensee may be made to the Authority by any of the following persons
(referred to in this Part as
"the complainant" )-- (a) the Secretary,
(b) the Commissioner of Police,
(c)
a person authorised by the regulations to make a complaint under this Part.
(2) A complaint must be in writing and specify the grounds on which it is
made.
(3) The grounds on which a complaint in relation to a licensee, manager
or close associate may be made are as follows-- (a) that the licensee or
manager has, while holding a licence or managing licensed premises, been
convicted of an offence under this Act or the regulations (or under the
former Act) or of an offence prescribed by the regulations,
(b) that the
licensee or manager has failed to comply with any of the conditions to which
the licence is subject,
(c) that the licensee has failed to comply with any
of the conditions to which any authorisation or approval held by the licensee
under this Act is subject,
(c1) that the licensee has failed to comply with
an enforceable undertaking under section 144ZJ,
(d) that the licensee or
manager has failed to comply with any other requirement under this Act or the
regulations (or under the former Act), relating to the licence or the
licensed premises,
(e) that the licensee or manager has failed to comply with
a direction or other requirement of the Authority, the Secretary or the
Commissioner of Police under this Act (or of the Secretary or the Commissioner
under the former Act),
(f) that the licensee or manager has engaged in
conduct or activities that are likely to encourage misuse or abuse of liquor
(such as binge drinking or excessive consumption),
(g) that intoxicated
persons have frequently been on the licensed premises or have frequently been
seen to leave those premises,
(h) that acts involving violence against
persons or damage to property have frequently been committed on or near the
licensed premises by persons who have been on the licensed premises,
(ha)
that 2 or more serious indictable offences involving violence have been
committed within a 12-month period-- (i) by persons on the licensed premises,
or
(ii) near the licensed premises by persons who have been on the
licensed premises within a reasonable time before the act occurred, or
(iii)
near the licensed premises by persons attempting to enter, or who have been
refused entry to, the licensed premises within a reasonable time before the
act occurred,
(hb) that 2 or more incidents posing a serious risk to the
health or safety of persons have occurred within a 12-month period-- (i)
involving persons on the licensed premises, or
(ii) near the
licensed premises involving persons who have been on the licensed premises
within a reasonable time before the incident occurred, or
(iii) near the
licensed premises involving persons attempting to enter, or who have been
refused entry to, the licensed premises within a reasonable time before the
incident occurred,
(i) that the licensee is not a fit and proper person to be
the holder of a licence (whether for the same reason as that set out in
section 45(5) or otherwise) or the manager is not a fit and proper person to
be the manager of the licensed premises (whether for the same reason as that
set out in section 68(4A) or otherwise),
(j) that the close associate is not
a fit and proper person to be a close associate of a licensee,
(k) that a
complaint against a licensee under this section has been made and that-- (i)
the close associate knew or ought reasonably to have known that the licensee
was engaging (or was likely to engage) in conduct of the kind to which the
complaint relates, and
(ii) the close associate failed to take all reasonable
steps to prevent the licensee from engaging in conduct of that kind,
(l) that
the close associate is (or has become) a close associate of a licensee while
disqualified by the Authority from being a close associate,
(m) that a person
who is interested in the business, or in the conduct or profits of the
business, carried on under the licence is not a fit and proper person to be so
interested,
(n) that a person is (or has become) a person who is interested
in the business, or in the conduct or profits of the business, carried on
under a licence while disqualified by the Authority under this Part from being
a person so interested,
(o) in the case of a limited licence--that the
licensee has not exercised proper control and supervision over a function held
under the licence,
(p) in the case of a limited licence--it is not in the
public interest for liquor to be sold or supplied at functions held by or
under the auspices of the non-proprietary association on whose behalf the
licence is held,
(q) in the case of a licence held by a corporation--that a
person who occupies a position of authority in the corporation is not a fit
and proper person to occupy such a position in a corporation that is the
holder of a licence,
(r) that public entertainment has been conducted on the
licensed premises otherwise than in accordance with any requirements under the
Environmental Planning and Assessment Act 1979 relating to the use of the
premises for public entertainment,
(s) that the licence has not been
exercised in the public interest,
(t) that the continuation of the licence is
not in the public interest.
(4) In subsection (3),
"former Act" means the Liquor Act 1982 or the regulations made under that Act
and includes, in the case of a licensee that is a registered club, the
Registered Clubs Act 1976 as in force immediately before the repeal of
section 9 of that Act by Schedule 2 to the Miscellaneous Acts (Casino, Liquor
and Gaming) Amendment Act 2007 .
(5) For the purposes of subsection (3)(ha),
a person commits a serious indictable offence if a court convicts the person
for the offence, whether or not it imposes any penalty.
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