Section 140 Liquor Act 2007 | Procedure for Disciplinary Actions


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The Legislation

Section 140 of the Liquor Act 2007 (NSW) is concerned with Procedure for Disciplinary Actions and is set out below.

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140 Procedure for taking disciplinary action

(1) If a complaint in relation to a licensee, manager or close associate is made under this Part, the Authority must, before taking any disciplinary action against the licensee, manager or close associate, notify the licensee, manager or close associate in writing of the grounds on which the Authority is proposing to take disciplinary action.

(2) Any such notice is to invite the licensee, manager or close associate to show cause, by way of a written submission, as to why the Authority should not take disciplinary action against the licensee, manager or close associate.

(3) The Authority must also, before taking disciplinary action against a licensee, invite written submissions from the following persons:
(a) if the licensee occupies the licensed premises under a lease–the lessor,
(b) each person named in the written statement referred to in section 41 that accompanied the application for the licence,
(c) each person named in the information provided to the Authority (as required by section 55) who has become interested in the business, or the conduct of the business, carried out on the licensed premises concerned,
(d) if the grounds for taking the proposed disciplinary action relate to a person (other than the licensee) not being a fit and proper person–that person.

(4) The Authority may specify:
(a) the time within which a submission under this section may be made, and
(b) any other requirements that must be complied with in relation to the making of any such submission.

(5) If any written submission is made in accordance with this section, the Authority must take the submission into consideration in deciding whether or not to take disciplinary action against the licensee, manager or close associate concerned.

(6) Subsection (1) does not require the Authority to disclose any criminal intelligence.