Section 68 of the Liquor Act 2007 (NSW) is concerned with Approval of Persons as Managers and is set out below.
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68 Approval of persons to manage licensed premises
(1) An application for the Authority’s approval of a person to manage licensed premises must be in the form and manner approved by the Authority and be accompanied by the fee prescribed by the regulations.
(2) The Authority may grant any such application or refuse to grant the application.
(3) In determining an application for approval of a person to manage licensed premises, the Authority has the same powers in relation to the application as the Authority has in relation to an application for a licence.
(4) The Authority’s approval may not be given unless the Authority is satisfied that the person concerned:
(a) is a fit and proper person to manage licensed premises, and
(b) understands the person’s responsibilities in relation to, and is capable of implementing, practices in place at licensed premises for ensuring the responsible sale, supply and service of alcohol and the prevention of intoxication, and
(c) if the Authority has required the person to attend a course of training or instruction approved by the Authority–has completed the course to the standard required by the Authority.
(4A) Without limiting subsection (4) (a), a person is not a fit and proper person to manage licensed premises if the Authority has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the person:
(a) that the person:
(i) is a member of, or
(ii) is a close associate of, or
(iii) regularly associates with one or more members of,
a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and
(b) that the nature and circumstances of the person’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the person is granted an approval.
(4B) The Authority is not, under this or any other Act or law, required to give any reasons for not granting an approval because of subsection (4A) to the extent that the giving of those reasons would disclose any criminal intelligence.
(5) If the Authority is satisfied that there is nothing that might preclude the Authority from approving of the person to manage licensed premises, but requires more information before making a final decision, the Authority may give a provisional approval of the person to be such a manager.
(6) A provisional approval is sufficient to authorise the appointment of the person, in accordance with section 69, as manager of the licensed premises until such time as the Authority confirms the approval of the person.
(7) An approval or provisional approval of a person to manage licensed premises may be given so as to apply in relation to any particular licensed premises, to all licensed premises of a specified class or to all licensed premises, as the Authority thinks fit.
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