Section 59 Liquor Act 2007 | Change of Venue for Liquor Licence


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The Legislation

Section 59 of the Liquor Act 2007 (NSW) is concerned with Change of Venue for Liquor Licence and is set out below.

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59 Removal of licence to other premises

(1) A licensee may apply to the Authority for approval to remove the licence to premises other than those specified in the licence.

(2) An application for approval to remove a licence to other premises must:
(a) be in the form and manner approved by the Authority, and
(b) be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and
(c) be advertised in accordance with the regulations, and
(d) comply with such other requirements as may be approved by the Authority or prescribed by the regulations.

(3) An application for approval to remove a licence to other premises is to be dealt with and determined by the Authority as if it were an application for the granting of a licence in respect of those other premises. Accordingly, the provisions of Division 1, in particular, extend to an application for the removal of a licence to other premises as if it were an application for a licence.

(4) The Authority may refuse an application for approval to remove a hotel licence if the Authority is satisfied that the removal of the licence would adversely affect the interest of the owner or a lessee or mortgagee of the premises from which it is proposed to remove the hotel licence, or a sublessee from a lessee or sublessee of those premises.

(5) The Authority must refuse an application for approval to remove a licence unless the Authority is satisfied that:
(a) practices will, as soon as the removal of the licence takes effect, be in place at the premises to which the licence is proposed to be removed that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on those premises and that all reasonable steps are taken to prevent intoxication on those premises, and
(b) those practices will remain in place.

(6) The regulations may provide additional mandatory or discretionary grounds for refusing to approve the removal of a licence.

(7) The approval to remove a licence to other premises takes effect:
(a) on payment to the Authority of the fee prescribed by the regulations, and
(b) when the Authority endorses the licence to the effect that those other premises are the premises to which the licence relates.