Application for variation of licence or BYO permit
29 Application for variation of licence or BYO permit
S. 29(1) amended by No. 58/2011 s. 104(Sch. item 4.60).
An application to the Commission for the variation of a licence or BYO permit may be made by—
the licensee or permittee; or
the Chief Commissioner or a licensing inspector; or
the persons referred to in section 32(1)(a) or (b) in connection with an application for the transfer of the licence or permit.
A variation of a licence or BYO permit may include—
S. 29(2)(aa) inserted by No. 59/2009 s. 18(1).
a variation of the category of licence held by the licensee;
a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor;
a variation of the size or perimeter of the licensed premises;
a variation of a condition of the licence or permit (other than a condition imposed by this Act);
the imposition of a new condition on the licence or permit;
the removal of a condition of the licence or permit (other than a condition imposed by this Act).
An application under subsection (1) must—
S. 29(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.60).
be in a form approved by the Commission; and
include the prescribed particulars; and
be accompanied by—
the prescribed information (if any); and
S. 29(3)(c)(ia) inserted by No. 92/2004 s. 15(2), amended by No. 58/2011 s. 104(Sch. item 4.60).
a plan or depiction of the licensed premises in a form specified by the Commission; and
S. 29(3)(c)(ii) amended by No. 59/2009 s. 18(2).
(except in the case of an application by the Chief Commissioner or a licensing inspector or an application for a prescribed variation of a licence or BYO permit referred to in section 33, 34 or 35) the prescribed variation fee.
S. 29(3A) inserted by No. 49/2021 s. 24.
In addition to the requirements under subsection (3), if the variation would result in the licence applying to a large packaged liquor outlet, an application under subsection (1) must include a community impact assessment.
S. 29(4) amended by No. 58/2011 s. 104(Sch. item 4.60).
If the Commission requests an applicant for a variation of a licence or BYO permit to give any other information, the applicant must comply with the request.
S. 30 amended by No. 58/2011 s. 104(Sch. item 4.61).
This provision refers to the regulations (prescribed particulars
, prescribed information
). Made under this Act:
- Liquor Control Reform (Prescribed Class of Premises) Regulations 2018 · under section 180
- Liquor Control Reform (Prohibited Supply) Regulations 2025 · under section 118B
- Liquor Control Reform Regulations 2023 · under section 180
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