Liquor licence transfer application, and additional premises application, for premises
78A Liquor licence transfer application, and additional premises application, for premises
Subsection (2) applies if a category 2 licensee makes a liquor licence transfer application relating to a community club licence for premises additional to its existing licensed premises.
Despite the Liquor Act 1992, the commissioner may transfer the licence under the Liquor Act 1992 only if the commissioner issues a certificate under subsection (3).
The commissioner may issue the certificate only if—
the premises are not licensed premises under this Act; or
if the premises are licensed premises under this Act—
the commissioner is prepared, under section 63, to approve the premises as premises to which the category 2 licensee’s gaming machine licence relates; and
satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9.
Subsection (5) applies if—
a category 2 licensee—
makes a liquor licence transfer application relating to a community club licence for particular premises; and
at the same time makes an additional premises application for the premises; and
the commissioner is prepared to transfer the liquor licence under the Liquor Act 1992; and
the commissioner is prepared, under section 63, to approve the premises as premises to which the category 2 licensee’s gaming machine licence relates.
The commissioner must transfer the liquor licence under the Liquor Act 1992 and approve the premises under section 63 at the same time.
Subsections (7) and (8) apply if—
under subsection (5), an approval of the premises under section 63 is to be made at the same time as the transfer of a liquor licence; and
an associated gaming licence for the liquor licence is cancelled under section 96(1) because of the transfer of the liquor licence.
All entitlements, other than relevant entitlements, for the licensed premises under the cancelled associated gaming licence are transferred by operation of this subsection to the category 2 licensee for use at the premises on a permanent basis.
A relevant entitlement for the licensed premises under the cancelled associated gaming licence becomes an entitlement of the State.
In this section—relevant entitlement, for the licensed premises under the cancelled associated gaming licence, means an entitlement that must under section 87(9) be transferred on a permanent basis under part 3B, division 2.
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