Section 53 Liquor Act 2007 | Imposing Varying Revoking Licence Condition


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The Legislation

Section 53 of the Liquor Act 2007 (NSW) is concerned with Imposing Varying Revoking Licence Condition and is set out below.

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53 Authority may impose, vary or revoke licence conditions

(1) Without limiting any other provision of this Act, the Authority may at any time:
(a) on application by the Director-General or the Commissioner of Police, or
(b) on the Authority’s own initiative, impose conditions on a licence.

(1A) The conditions that may be imposed by the Authority on a licence under this section include, but are not limited to, conditions:
(a) prohibiting the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both), and
(b) restricting the trading hours of, and public access to, the licensed premises.

(2) The Authority may at any time:
(a) on application by the licensee, the Director-General or the Commissioner of Police, or
(b) on the Authority’s own initiative,
vary or revoke a condition of a licence that has been imposed (or taken to have been imposed) by the Authority under this Act.

(3) An application under subsection (1) or (2) must:
(a) be in the form and manner approved by the Authority, and
(b) in the case of an application by a licensee–be accompanied by the fee prescribed by the regulations, and
(c) be accompanied by such information and particulars as may be prescribed by the regulations, and
(d) if required by the regulations to be advertised–be advertised in accordance with the regulations, and
(e) comply with such other requirements as may be approved by the Authority or prescribed by the regulations.

(4) The Authority must not impose a condition on a licence after it has been granted, or vary or revoke a condition that has been imposed (or taken to have been imposed) by the Authority, unless the Authority has:
(a) given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and
(b) taken any such submissions into consideration before making the decision.

(5) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application under this section to vary or revoke a condition to which a licence is subject.

(6) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to vary or revoke the licence condition.