Determination of uncontested applications
44 Determination of uncontested applications
S. 44(1) amended by No. 58/2011 s. 53(1)(a).
Subject to Division 3, the Commission must grant or refuse to grant an uncontested application at any time after the expiry of the period for objection under Division 5 (or that period as extended under section 174).
S. 44(1A) inserted by No. 20/2018 s. 16.
In addition to subsection (1), the Commission must not delay the grant or the refusal to grant an uncontested application on the ground that an application for a permit made under the Planning and Environment Act 1987 to permit the use of the premises to which the application relates is not yet determined.
Note
See section 16(2) that provides that the licence and BYO permit condition relating to compliance with the planning scheme under the Planning and Environment Act 1987 does not apply to a pre‑retail licence, a limited licence or a major event licence.
S. 44(2) amended by No. 58/2011 s. 53(1)(b).
The Commission may refuse to grant an uncontested application on any of the following grounds—
in the case of a grant or transfer of a licence or BYO permit, that the applicant or proposed transferee is not a suitable person to hold or carry on business under the licence or BYO permit;
in any case—
that the granting of the application would detract from or be detrimental to the amenity of the area in which the premises to which the application relates are situated;
S. 44(2)(b)(ii) amended by No. 49/2021 s. 28(1).
that the granting of the application would be conducive to or encourage harm;
if the applicant or proposed transferee is a natural person—that the applicant or proposed transferee does not have an adequate knowledge of this Act;
if the applicant or proposed transferee is a body corporate—that no director of the applicant or proposed transferee has an adequate knowledge of this Act;
that the application has not been made, displayed or advertised in accordance with this Act;
in the case of an application in relation to a club licence—
that the club is not conducted in good faith as a club; or
that the club is kept or habitually used for any unlawful purpose; or
that the club is used mainly for the supply of liquor; or
that liquor purchased by or belonging to the club has been supplied illegally whether on the club premises or elsewhere; or
that persons who are not members have been admitted to the club for the purpose only of obtaining liquor; or
that the supply of liquor to the club is not under the control of the management committee of the club; or
that any of the rules of the club have been habitually broken.
S. 44(2)(d) inserted by No. 49/2021 s. 28(2).
in the case of an application for a licence that applies to a large packaged liquor outlet, that the net economic and social impact of granting the application would be detrimental to the wellbeing of the local community.
Without limiting the reasons why a person is not a suitable person to hold, or carry on business under, a licence or BYO permit, a person is not a suitable person to hold, or carry on business under, a licence or BYO permit if the person or, if the person is a body corporate, any director of the person has, within the preceding 3 years—
been convicted, whether in Victoria or elsewhere, of an offence of supplying liquor without a licence or of supplying adulterated liquor or of an offence against any law relating to customs or excise; or
engaged in activities involving the trading in or marketing of liquor in a manner contrary to the provisions of this Act.
S. 44(4) substituted by No. 58/2011 s. 53(2).
The Commission may—
in respect of an uncontested application, have regard to any matter the Commission considers relevant; and
make any enquiries the Commission considers appropriate but is not required to give any person an opportunity to be heard concerning the application.
S. 44(5) inserted by No. 59/2009 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.81).
If the Commission refuses to grant an uncontested application for a late night (general) licence, the Commission may grant a general licence instead.
S. 44(6) inserted by No. 59/2009 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.82).
If the Commission refuses to grant an uncontested application for a late night (on‑premises) licence, the Commission may grant an on-premises licence or a restaurant and cafe licence instead.
S. 44(7) inserted by No. 59/2009 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.83).
If the Commission refuses to grant an uncontested application for a late night (packaged liquor) licence, the Commission may grant a packaged liquor licence instead.
Ss 45, 46 repealed by No. 58/2011 s. 65.
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S. 47 (Heading) inserted by No. 58/2011 s. 54(1).
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