Objection on ground of amenity or harm
38 Objection on ground of amenity or harm
Any person may object to the grant, variation or relocation of a licence on the ground that the grant, variation or relocation would detract from or be detrimental to the amenity of the area in which the licensed premises or proposed licensed premises are situated.
S. 38(1A) inserted by No. 39/2002 s. 11(1), amended by Nos 59/2009 s. 22, 26/2022 s. 18(2).
In addition to the ground referred to in subsection (1), any person may object to the grant, variation or relocation of a packaged liquor licence or late night (packaged liquor) licence on the ground that the grant, variation or relocation would be conducive to or encourage harm.
An objection must—
S. 38(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.75).
be made to the Commission in writing within 30 days after the day on which notice of the application for the grant, variation or relocation was first displayed under section 34(1); and
state the reasons for the objection.
None of the following is a valid reason for an objection under this section—
that the business carried on under the licence would or would not be successful;
that the business of another licensee or permittee (including the objector) may be adversely affected by the grant, variation or relocation;
that there is insufficient need or demand to justify the grant, variation or relocation.
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