Section 61 Liquor Act 2007 | Transfer of Licence on Dispossession


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The Legislation

Section 61 of the Liquor Act 2007 (NSW) is concerned with Transfer of Licence on Dispossession and is set out below.

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61 Application for transfer of licence on dispossession of licensee

(1) This section applies in relation to a licence (other than a club licence) if:
(a) the licensee is evicted from the licensed premises, or
(b) the owner of the licensed premises comes into, or becomes entitled to, possession of the licensed premises to the exclusion of the licensee, or
(c) the licensee is no longer employed by the owner of the business carried on under the licence (“the business owner”) or in attendance at the premises in the capacity as licensee.

(2) An application for a transfer of the licence may be made by the owner of the licensed premises or by the business owner.

(3) The owner of the licensed premises who comes into, or is entitled to, possession of the premises, or the business owner (as the case requires), is taken to be the licensee of the premises until:
(a) the day that is 28 days after this section becomes applicable, or
(b) the day on which application is made under subsection (2),
whichever first occurs.

(4) If an application is made under subsection (2) not later than 28 days after this section becomes applicable, the applicant is, until the application is determined by the Authority, taken to be the licensee under the licence to which the application relates.

(5) The Authority is not to determine an application for the transfer of a licence under this section unless:
(a) the Authority is satisfied:
(i) that notice of the application was given to the dispossessed licensee at least 3 clear days before the Authority determines the application (or that all reasonable steps necessary for giving notice were taken by or on behalf of the applicant and that failure to give notice was not due to any neglect or default of the applicant), and
(ii) if so notified, that the dispossessed licensee has been given a reasonable opportunity to make submissions in relation to the application, and
(b) the Authority is satisfied that any lessee of the licensed premises has been notified of the application for the transfer of the licence and been given a reasonable opportunity to make submissions in relation to the application, and
(c) the Authority has taken any submissions made under this subsection into consideration.

(6) Section 60 applies, with such modifications as are necessary, in relation to an application for the transfer of a licence under this section.