Determination of contested application
47 Determination of contested application
S. 47(1) substituted by No. 58/2011 s. 54(2).
Subject to Division 3, the Commission must, after the period for making an objection under Division 5 has expired, including any extension of time granted for making an objection, grant or refuse a contested application.
S. 47(1A) inserted by No. 20/2018 s. 17.
In addition to subsection (1), the Commission must not delay the grant or the refusal to grant a contested 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. 47(2) amended by No. 58/2011 s. 54(3).
The Commission may refuse to grant a contested application on any of the grounds set out in section 44(2) and section 44(3) applies accordingly.
S. 47(3) substituted by No. 58/2011 s. 54(4).
Before granting or refusing a contested application under subsection (1), the Commission—
may have regard to any matter the Commission considers relevant; and
may make any enquiries the Commission considers appropriate; and
must give the applicant and each objector a reasonable opportunity to be heard.
S. 47(3A) inserted by No. 58/2011 s. 54(4).
If an inquiry is conducted for the purposes of this section—
the Commission must conduct the inquiry in public unless the Commission determines that the inquiry, or part of the inquiry should be conducted in private as—
confidential information will be disclosed at the inquiry; or
it is in the public interest to conduct the inquiry in private; or
it is in the interests of justice to conduct the inquiry in private; and
the Commission may grant or refuse a contested application without hearing from a person who has notice of the inquiry if the person is not present or represented at the time and place appointed for the inquiry; and
the Commission may consider evidence of anything said or done at the inquiry in any internal review of that decision.
S. 47(3B) inserted by No. 58/2011 s. 54(4).
A person who has a right to be heard by the Commission may—
appear and be heard in person; or
be represented by any other person.
S. 47(3C) inserted by No. 58/2011 s. 54(4).
The Commission must advise the applicant and each objector of the decision made in respect of the contested application within 28 days after that decision has been made.
S. 47(3D) inserted by No. 58/2011 s. 54(4).
The Commission must give a statement of reasons for the decision to the applicant and each objector in respect of the contested application as soon as practicable after the decision is made.
S. 47(4) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5).
If the Commission refuses to grant a contested application for a late night (general) licence, the Commission may grant a general licence instead.
S. 47(5) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5).
If the Commission refuses to grant a contested application for a late night (on-premises) licence, the Commission may grant an on‑premises licence or a restaurant and cafe licence instead.
S. 47(6) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5).
If the Commission refuses to grant a contested application for a late night (packaged liquor) licence, the Commission may grant a packaged liquor licence instead.
S. 48 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.84).
S. 48 amended by No. 58/2011 s. 104(Sch. item 4.85)
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