Liquor Licensing Act 1990

In this section, absent licensee means a licensee who – is unable or unwilling to continue exercising effective control over the sale and consumption of liquor on the licensed premises for the remainder of the term of the liquor licence; and is not exercising such control over the sale and consumption of liquor on those licensed premises.

A person may apply to the Commissioner for an authority to act as licensee of licensed premises if the holder of a general licence, on-licence, off-licence, club licence or special licence in respect of those licensed premises is an absent licensee.

An application is to be – in a form approved or provided by the Commissioner; and accompanied by any prescribed application fee.

The Commissioner may require an applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.

On receipt of an application, the Commissioner – may issue an authority to act as licensee to the applicant; or may refuse to issue such an authority to the applicant.

The Commissioner must not issue an authority to act as licensee to an applicant unless the Commissioner is satisfied that the applicant – is a natural person who has attained the age of 18 years; and will be able to exercise effective control over the sale and consumption of liquor on the premises in respect of which the authority is sought.

On determining whether or not to issue an authority to act as licensee to an applicant, the Commissioner must notify the applicant, in writing, of that determination.

The Commissioner may cancel an authority to act as licensee at any time.

An authority to act as licensee has effect for the period commencing on the day specified in it and ending on the earlier of the following days:the day the liquor licence held by the absent licensee in respect of the premises to which the authority relates is transferred; the day the authority is cancelled.

Except for the purposes of sections 27, 28, 29 and 30, during the term of an authority to act as licensee in respect of licensed premises – the holder of the authority is taken to be the holder of the liquor licence relating to those premises; and any permit in force in respect of the licensed premises immediately before the issue of the authority continues in force and the holder of the authority is taken to be the holder of the permit; and the person who, immediately before the issue of the authority, held that licence and any such permit is taken not to be the holder of that licence and any such permit.