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Section 139 Liquor Act 2007
Grounds for Making Complaints

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Section 139 of the Liquor Act 2007 (NSW) is concerned with Grounds for Making Complaints and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

139 Grounds for making complaint

(1) A complaint in relation to a licensee, manager or close associate of a licensee may be made to the Authority by any of the following persons (referred to in this Part as “the complainant”):
(a) the Director-General,
(b) the Commissioner of Police,
(c) a person authorised by the regulations to make a complaint under this Part.

(2) A complaint must be in writing and specify the grounds on which it is made.

(3) The grounds on which a complaint in relation to a licensee, manager or close associate may be made are as follows:
(a) that the licensee or manager has, while holding a licence or managing licensed premises, been convicted of an offence under this Act or the regulations (or under the former Act) or of an offence prescribed by the regulations,
(b) that the licensee or manager has failed to comply with any of the conditions to which the licence is subject,
(c) that the licensee has failed to comply with any of the conditions to which any authorisation or approval held by the licensee under this Act is subject,
(d) that the licensee or manager has failed to comply with any other requirement under this Act or the regulations (or under the former Act), relating to the licence or the licensed premises,
(e) that the licensee or manager has failed to comply with a direction or other requirement of the Authority, the Director-General or the Commissioner of Police under this Act (or of the Director-General or the Commissioner under the former Act),
(f) that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),
(g) that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises,
(h) that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises,
(i) that the licensee is not a fit and proper person to be the holder of a licence (whether for the same reason as that set out in section 45 (5) or otherwise) or the manager is not a fit and proper person to be the manager of the licensed premises (whether for the same reason as that set out in section 68 (4A) or otherwise),
(j) that the close associate is not a fit and proper person to be a close associate of a licensee,
(k) that a complaint against a licensee under this section has been made and that:
(i) the close associate knew or ought reasonably to have known that the licensee was engaging (or was likely to engage) in conduct of the kind to which the complaint relates, and
(ii) the close associate failed to take all reasonable steps to prevent the licensee from engaging in conduct of that kind,
(l) that the close associate is (or has become) a close associate of a licensee while disqualified by the Authority from being a close associate,
(m) that a person who is interested in the business, or in the conduct or profits of the business, carried on under the licence is not a fit and proper person to be so interested,
(n) that a person is (or has become) a person who is interested in the business, or in the conduct or profits of the business, carried on under a licence while disqualified by the Authority under this Part from being a person so interested,
(o) in the case of a limited licence–that the licensee has not exercised proper control and supervision over a function held under the licence,
(p) in the case of a limited licence–it is not in the public interest for liquor to be sold or supplied at functions held by or under the auspices of the non-proprietary association on whose behalf the licence is held,
(q) in the case of a licence held by a corporation–that a person who occupies a position of authority in the corporation is not a fit and proper person to occupy such a position in a corporation that is the holder of a licence,
(r) that public entertainment has been conducted on the licensed premises otherwise than in accordance with any requirements under the Environmental Planning and Assessment Act 1979 relating to the use of the premises for public entertainment,
(s) that the licence has not been exercised in the public interest,
(t) that the continuation of the licence is not in the public interest.

(4) In subsection (3), “former Act” means the Liquor Act 1982 or the regulations made under that Act and includes, in the case of a licensee that is a registered club, the Registered Clubs Act 1976 as in force immediately before the repeal of section 9 of that Act by Schedule 2 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

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