Section 40 Liquor Act 2007 | Liquor Licence Applications


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The Legislation

Section 40 of the Liquor Act 2007 (NSW) is concerned with Liquor Licence Applications and is set out below.

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40 Licence applications

(1) Licence applications are to be made to the Authority.

(2) An application for a licence may be made by:
(a) an individual, or
(b) a corporation, or
(c) in the case of a club licence–a club (or a person on behalf of a club) that meets the requirements specified in section 10 (1) of the Registered Clubs Act 1976.

(3) An application for a licence may not be made by:
(a) an individual who is under the age of 18 years, or
(b) a person who is disqualified from holding a licence or who holds a suspended licence, or
(c) an individual who is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012. Controlled members are prohibited from applying for licences–see section 27 of the Crimes (Criminal Organisations Control) Act 2012.

(4) An application for a licence 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.

See also section 48 which requires a community impact statement to be provided with certain licence applications.

(5) If, before an application for a licence is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including any information provided in accordance with this subsection), the applicant must immediately notify the Authority of the particulars of the change.
Maximum penalty: 20 penalty units.