Section 69 of the Liquor Act 2007 (NSW) is concerned with Notice of Appointments as Managers and is set out below.
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69 Notice of appointments
(1) A licensee must give the Authority notice of the appointment of a person as manager of licensed premises. Maximum penalty: 20 penalty units.
(2) The appointment of a manager is not in force until the licensee has given the Authority notice of the appointment as required by this section, accompanied by the declaration referred to in subsection (5) (b).
(3) The appointment of a manager is revoked by the licensee giving notice under this section of the appointment of a new manager or by the licensee or manager giving the Authority notice of the manager’s ceasing to act as manager.
(4) A notice under this section may specify a day that is later than the day the notice is given as the day the notice is to take effect, and the notice takes effect accordingly.
(5) A notice under this section:
(a) must be completed in writing in the form approved by the Authority, and
(b) must be accompanied by a declaration in writing, in a form approved by the Authority, of the person to be appointed as manager of the premises concerned:
(i) signifying the person’s acceptance of the appointment, and
(ii) certifying such matters as the form of notice may require (including matters relating to the person’s responsibilities in relation to, and capacity to implement, practices in place at the premises for ensuring the responsible sale, supply and service of alcohol, and the prevention of intoxication, on the premises).
(6) In any proceedings in which the question of whether notice was given to the Authority under this section is at issue, the party alleged to have given the notice bears the onus of establishing on the balance of probabilities that the notice was given.
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