Section 144G Liquor Act 2007 | Written Submissions for Review of Decisions


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The Legislation

Section 144G of the Liquor Act 2007 (NSW) is concerned with Written Submissions for Review of Decisions and is set out below.

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144G Matters to be considered by Director-General and Authority

(1) In this section:”decision-maker” means the Director-General or the Authority.

(2) A decision-maker must, when making a reviewable decision in relation to a licence:
(a) notify the following persons in writing that the decision-maker is deciding the matter and invite those persons to make a submission within a specified period of at least 21 days:
(i) the licensee,
(ii) the manager (if any) of the premises to which the licence relates (the “licensed premises”),
(iii) if the decision is whether a second or third strike should be incurred–each interested person in the business carried on under the licence (but only if the person’s name has been provided to the Authority under section 41 or 55) and the owner of the licensed premises,
(iv) if the decision is whether a third strike should be incurred–each former licensee or manager who may be adversely affected by the decision,
(v) any other person prescribed by the regulations, and
(b) take into account any submissions received before the end of the specified period from any of the following:
(i) a person referred to in paragraph (a),
(ii) the NSW Police Force,
(iii) the Office of Liquor, Gaming and Racing, Department of Trade and Investment, Regional Infrastructure and Services,
(iv) the Bureau of Crime Statistics and Research of the Department of Attorney General and Justice, and
(c) take into account each of the following to the extent that the decision-maker considers it to be relevant to the decision:
(i) whether the licensed premises were declared premises within the meaning of Schedule 4 when the offences that caused a strike are alleged to have been committed,
(ii) the size and patron capacity of the licensed premises and how this may impact on the ability of the licensee or manager to prevent the commission of prescribed offences,
(iii) the history and nature of the commission of prescribed offences by relevant persons in relation to the licence or on or in relation to the licensed premises,
(iv) the history and nature of violent incidents that have occurred in connection with the licensed premises,
(v) whether other action would be preferable,
(vi) whether there have been changes to the persons who are the licensee, manager or business owner,
(vii) whether there have been changes to the business practices in respect of the business carried on under the licence,
(viii) any other matter prescribed by the regulations.

(3) Nothing in this section prevents a decision-maker from taking into account any other matter that the decision-maker thinks is relevant to the proper making of a decision under this Part.

(4) A decision-maker must, as soon as practicable after making a decision under this Part, give notice in writing of the decision, the reasons for the decision and any right of review in respect of the decision to each person that is required to be notified by the decision-maker under subsection (2) (a) in respect of the decision.

(5) A submission provided to a decision-maker under subsection (2) (b) (i) may not be used for the purposes of prosecuting an offence under this Act.

(6) The regulations may prescribe guidelines setting out how the matters referred to in subsection (2) (c) are to be taken into account by a decision-maker.