LIQUOR LICENSING > OBJECT TO AN APPLICATION
Any person may object to an application which has been advertised. The objection must be in writing and lodged with the licensing authority. A copy of the objection must also be served by the objector on the applicant at least 7 days before the hearing date.
- that the grant of the application would not be consistent with the objects of the Act or would be contrary to the Act in some other way;
- in the case of an application for the grant or removal of a hotel licence-that the grant of the application is not necessary in order to provide for the needs of the public in the area in which the premises or proposed premises to which the application relates are situated;
- in the case of an application for the grant or removal of a retail liquor merchant’s licence-that the grant of the application is not necessary in order to provide for the public demand for liquor for consumption off licensed premises in the area in which the premises or proposed premises to which the application relates are situated;
- in the case of an application by a natural person for the grant or transfer of a licence, or for the conversion of a temporary licence into an ordinary licence-that the applicant is of bad reputation or character or is in other respects not a fit and proper person to be licensed;
- in the case of an application by a trust or corporate entity for the grant or transfer of a licence, or for the conversion of a temporary licence into an ordinary licence-that the applicant is not a fit and proper person to be licensed or that a person who occupies a position of authority in the entity is of bad reputation or character or is in other respects not a fit and proper person to hold such a position in an entity that holds a licence;
- in the case of an application for the grant or removal of a licence-that the position, nature or quality of the premises renders them unsuitable to be licensed, or to be licensed under a licence of the kind to which the application relates;
- that if the application were granted:
- undue offence, annoyance, disturbance or inconvenience to people who reside, work or worship in the vicinity of the premises or proposed premises to which the application relates would be likely to result; or
- the amenity of the locality in which the premises or proposed premises to which the application relates are situated would be adversely affected in some other way.
- the safety or welfare of children attending a kindergarten, primary school or secondary school in the vicinity of the premises or proposed premises to which the application relates would be likely to be prejudiced.
A lessor of licensed premises may object to an application for removal of a licence from those premises to some other premises if it is a term of the lease to which he is a party that his consent is required for such an application and his consent has not been obtained in accordance with the lease.
A lessor of licensed premises may object to an application for approval of alterations to the licensed premises if the licensee has agreed in writing that the lessor’s consent is required for such an application and the lessor’s consent has not been obtained.
The licensing authority may allow a person who has made an objection to vary the objection at any time before the proceedings are determined.
If the licensing authority allows an objection to be varied, the authority must ensure that parties to the proceedings are given notice of the variation a reasonable time before the hearing of the proceedings.
Parties to a contested application are invited to speak about the application before Consumer and Business Services. This is a forum for expressing concerns and discussing possible solutions. Consumer and Business Services will facilitate the finding of common ground and will suggest ways that the objection can be resolved (for example, the Commissioner may suggest a modification to the application, or perhaps conditions that may be attached to the licence that will address the objector’s concerns).
If the conciliation hearing does not reach a satisfactory conclusion a date will be set for a contested hearing.
A hearing may be before Consumer and Business Services (if all parties agree) or before the Licensing Court.
If the matter is determined by Consumer and Business Services any appeal goes no further than the Licensing Court. If the contested matter goes straight to the Licensing Court any appeal goes to the Supreme Court.
At a contested hearing both parties will appear. Sworn evidence is taken and witnesses may be called to be examined and cross-examined. The matter is then subject to an appeal process. Please note that parties to any of the proceedings before the Commissioner or the Licensing Court may elect to appear personally or through counsel (a solicitor or other approved representative).
An appellant must bear the cost of the transcript for an appeal made to the Licensing Court.
Applications that have not been objected to are heard by Consumer and Business Services.
The Commissioner may refer a matter to the Licensing Court on matters of public importance, questions of law arising in proceedings before the Commissioner or any other matter that should be determined by the Court in the public interest.
Liquor Submission (For Small Venue Licences)
Small Venue Licence applications do not have hearing dates like other licence classes. Members of the public may lodge submissions to CBS detailing their concerns, these submissions are then taken into account when the Commissioner is determining the application. No attendance is required by the applicant or those who have lodged submissions.
The Commissioner of Police, Consumer and Business Services, or the local council to which the premises of the application relates may intervene in an proceedings before the licensing authority for the purpose of introducing evidence, or making representations on any question before the authority.
If a licensing authority directs that notice of a particular application be given to a particular body or person, that body or person may intervene in proceedings based on that application for the purpose of introducing evidence, or making representations, on any question arising in the proceedings.