Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every notice of
application must be lodged with the Director.
(2) The Director must
give to the applicant sufficient directions to enable the application to be
advertised in accordance with any requirement under section 67(1).
(3) Every
advertisement required under section 67(1) and every notice of
application displayed under section 67(5)(a) shall be in a form approved
by the Director and contain a statement that notices of intention to object to
the application should be lodged with the Director by a date specified by the
Director and set out in that advertisement or notice.
(4) Except where an
application relates to land or premises the subject of a licence which is held
by the applicant and is to be surrendered if that application is granted, or
where in other particular circumstances the Director determines that it is not
appropriate, the Director may —
(a)
refer any relevant particulars as to the applicant or the application to the
Commissioner of Police; and
(b) if
the application is for the grant or removal of a hotel licence, nightclub
licence, casino liquor licence, special facility licence or liquor store
licence, and the local government of the district in which the premises or
proposed premises are, or are proposed to be, situated, or of any adjoining
district appearing to the Director to be likely to have an interest, so
requests, give to that local government a copy of the application and of any
plans or specifications which accompany it.
(5) In the case of an
application for a club licence the Director shall cause any constitution or
rules submitted to be examined.
(6) The Commissioner
of Police —
(a) is
authorised to cause such investigation or inquiry to be made as may be
necessary into the background and antecedents of any applicant or person
thought by the licensing authority or by an authorised officer to be likely to
be interested in an application; and
(b) is
required, upon the licensing authority requesting a report of that kind, to
cause a report to be provided to the licensing authority —
(i)
as to the background, antecedents, character and
reputation of any person; and
(ii)
as to any disqualification under this Act or the repealed
Act that may relate to any person,
who is a person
thought by the licensing authority or an authorised officer to be likely to be
interested in an application; and
(c) may
intervene in proceedings before the licensing authority for the purpose of
introducing evidence or making representations —
(i)
as to whether or not any person is a fit and proper
person; or
(ii)
on the question of whether, if a particular application
were granted, public disorder or disturbance would be likely to result; or
(iii)
as to the interest that any person may have in a licence;
or
(iv)
any other matter relevant to the public interest.
(7) A local government
to which subsection (4)(b) refers may intervene in proceedings before the
licensing authority for the purpose of introducing evidence or making
representations —
(a) as
to whether premises are suitable to be, or to continue to be, licensed or the
subject of a permit; and
(b) as
to whether a proposed alteration to, or redefinition of, licensed premises
should be approved; and
(c) on
the question of whether, if a particular application were granted, persons who
reside, work or worship in the vicinity would be likely to suffer undue
offence, annoyance, disturbance or inconvenience,
and may submit a
report to the licensing authority on those matters.
(8) A person
authorised by the local government may intervene in proceedings before the
licensing authority for the purpose of introducing evidence or making
representations in relation to the requirements of —
(a) the
Health Act 1911 ; or
(aa) the
Food Act 2008 ; or
(b) any
written law relating to sewerage or drainage; or
(c) the
Local Government Act 1995 or the Building Act 2011 , in so far as
that Act relates to health matters,
and may submit a
report to the licensing authority on those matters.
(8a) The Executive
Director —
(a) is
required, on the licensing authority requesting a report of that kind in
relation to an application, to cause a report to be provided to the licensing
authority as to any matter arising from the application that relates to the
relevant matters; and
(b) may
intervene in proceedings before the licensing authority for the purpose of
introducing evidence or making representations in relation to the relevant
matters.
(8b) In
subsection (8a) —
Executive Director means the Executive Director,
Public Health as defined in the Health Act 1911 section 3(1) and,
for the purposes of subsection (8a)(b), includes a person authorised in
writing by the Executive Director;
relevant matters means the harm or ill-health
caused to people, or any group of people, due to the use of liquor, and the
minimisation of that harm or ill-health.
(9) On an application
relating to a club licence, a person to whom section 70 applies may
intervene in proceedings before the licensing authority for the purpose of
introducing evidence or making representations in relation to matters to which
that section refers.
(10) The licensing
authority shall —
(a)
cause any plans or specifications submitted to the licensing authority to be
examined as to their adequacy and suitability and, where they relate to
existing premises, accuracy; and
(b)
cause inquiry to be made into the suitability of any place or premises used,
or proposed to be used, for purposes to which this Act applies,
and may take into
account any report on those matters made at its request to the licensing
authority.
(11) The Director may
intervene in any proceedings before the Commission, including proceedings
relating to a decision or determination made by the Director, and may
introduce evidence, make representations and examine or cross-examine any
witness, on any question or matter.
(12) A person, other
than the Commissioner of Police or the Director, who proposes to intervene in
proceedings under this section, shall lodge with, and in a form approved by,
the Director, a notice giving particulars of the nature of and reasons for the
proposed intervention, not later than the last day on which objections should
be lodged or, with leave of the licensing authority, before the day appointed
for the hearing of the application.
(13) A person who
intervenes in any proceedings —
(a) may,
unless the licensing authority certifies that that person has no interest in
the application other than that of providing argument or fact to enable the
licensing authority to reach an informed decision, be held on any appeal to
have thereby become a party to the proceedings; and
(b) may
be made a respondent to any appeal.
(14) If a notice of
application is not listed for an initial hearing within 12 months of the
date of lodgement —
(a) it
shall not be listed thereafter without the approval of the licensing
authority; and
(b)
except where that approval is given, may be struck out by the Director.
[Section 69 amended by No. 14 of 1996
s. 4; No. 12 of 1998 s. 10(9) and 48; No. 73 of 2006
s. 50; No. 43 of 2008 s. 148(3); No. 56 of 2010 s. 29 and 46;
No. 24 of 2011 s. 165(3).]