Section 60 of the Liquor Act 2007 (NSW) is concerned with Transfer of Licence and is set out below.
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60 Transfer of licence
(1) The Authority may, on application made in accordance with this section, approve the transfer of a licence to a person who, in the opinion of the Authority, would be entitled to apply for the same kind of licence in relation to the licensed premises.
(2) An application for approval to transfer a licence may be made by the licensee or the person to whom the licence is proposed to be transferred.
(3) In the case of the transfer of a limited licence that is held by a person on behalf of a non-proprietary association, the application for approval to transfer the licence may be made:
(a) by the secretary or other relevant office holder of the non-proprietary association, or
(b) if the non-proprietary association is a local council–by the general manager of the council, or
(c) if the non-proprietary association is a public authority or community organisation referred to in paragraph (c) of the definition of “non-proprietary association” in section 4 (1)–by the chief executive officer of the authority or organisation.
(4) An application for approval to transfer a licence must:
(a) be in the form and manner approved by the Authority, and
(b) be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and
(c) if made by a person other than the licensee–be accompanied by the written consent of the licensee to the proposed transfer, and
(d) comply with such other requirements as may be approved by the Authority or prescribed by the regulations.
(5) An application for approval to transfer a licence to another person is to be dealt with and determined by the Authority as if it were an application for the granting of a licence to the other person and the other person was the applicant for the licence. Accordingly, the provisions of Division 1 apply in relation to an application under this section.
(6) A club licence may be transferred to another club only if the Authority is satisfied that the requirements of Division 1A or 1B of Part 2 of the Registered Clubs Act 1976 and of any regulations made for the purposes of this section have, to the extent that they apply in relation to the transfer, been complied with. Division 1A of Part 2 of the Registered Clubs Act 1976 relates to club amalgamations and Division 1B relates to the de-amalgamation of amalgamated clubs.
(7) The Authority may provisionally approve the transfer of a licence to another person if the Authority is satisfied that:
(a) there is nothing that would preclude the Authority from approving the transfer of a licence, and
(b) the circumstances of the case justify giving the approval on a provisional basis.
(8) A provisional approval to transfer a licence is sufficient authority for the transfer of the licence. However, any such provisional approval ceases to have effect unless it is confirmed by the Authority before the end of the period specified by the Authority when provisionally approving the transfer (or such later period as may be allowed by the Authority before the expiration of the specified period).
(9) If a provisional approval to transfer a licence ceases to have effect because of the operation of subsection (8), the Authority may make such orders in relation to the licence as the Authority considers appropriate, including any of the following orders:
(a) an order that the licence is to revert to the transferor,
(b) an order treating a person (with the person’s consent) as licensee until a transfer of the licence is effected,
(c) an order that the licence cannot be exercised until specified conditions are met or the Authority orders otherwise.
(10) Any such order has effect according to its terms.
(11) The Authority must not approve or provisionally approve the transfer of a licence unless satisfied:
(a) that practices will be in place at the licensed premises of the transferee as soon as the licence is transferred that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(b) that those practices will remain in place.
(12) The transfer of a licence has effect as if the licence had been granted to the transferee.
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