Section 45 of the Liquor Act 2007 (NSW) is concerned with Decision of Authority Regarding Liquor Licences and is set out below.
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45 Decision of Authority in relation to licence application
(1) The Authority may, after considering an application for a licence and any submissions received by the Authority in relation to the application, grant the licence or refuse to grant the licence. The Authority may determine the application whether or not the Director-General has provided a report in relation to the application.
(2) The Authority may, in such circumstances as the Authority considers appropriate, treat an application for a licence as having been withdrawn.
(3) The Authority must not grant a licence unless the Authority is satisfied that:
(a) the applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, and
(b) practices will be in place at the licensed premises as soon as the licence is granted that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place, and
(c) if development consent is required under the Environmental Planning and Assessment Act 1979 (or approval under Part 3A or Part 5.1 of that Act is required) to use the premises for the purposes of the business or activity to which the proposed licence relates–that development consent or approval is in force.
Section 48 also requires the Authority to be satisfied of certain other matters before granting a hotel, club or packaged liquor licence.
(4) The regulations may also provide mandatory or discretionary grounds for refusing the granting of a licence.
(5) Without limiting subsection (3) (a), a person is not a fit and proper person to carry on the business or activity to which a proposed licence relates 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 a licence.
(6) The Authority is not, under this or any other Act or law, required to give any reasons for not granting a licence because of subsection (5) to the extent that the giving of those reasons would disclose any criminal intelligence.
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