Power to owner and others to renew licence
62 Power to owner and others to renew licence
S. 62(1) amended by Nos 58/2011 s. 104(Sch. item 4.115), 49/2021 s. 31.
If a licensee or permittee has failed to renew the licence or BYO permit by 30 June next following the day on which the licence or permit ceased to be in force—
the owner of the licensed premises (if he or she was not that licensee or permittee); or
a mortgagee of the licensed premises; or
any other person prejudicially affected by the failure—
may apply to the Commission for renewal of the licence or BYO permit in the name of the applicant or a person nominated by the applicant if the applicant is entitled to possession of the premises.
An application under subsection (1) must be—
S. 62(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.115).
made by 30 September next following the day on which the licence or permit ceased to be in force or within such later time as the Commission determines; and
S. 62(2)(b) amended by No. 58/2011 s. 104(Sch. item 4.115).
in a form approved by the Commission; and
accompanied by the prescribed renewal fee.
S. 62(3) amended by No. 58/2011 s. 104(Sch. item 4.115).
The Commission must give a copy of an application under this section to the Chief Commissioner.
The Chief Commissioner may object to the application on the ground that the applicant or nominated person is not a suitable person to hold the licence or permit.
An objection must—
S. 62(5)(a) amended by No. 58/2011 s. 104(Sch. item 4.115).
be made to the Commission in writing within 21 days after the day on which a copy of the application was given to the Chief Commissioner; and
state the reasons for the objection.
S. 62(6) amended by No. 58/2011 s. 104(Sch. item 4.115).
After the period referred to in subsection (5)(a) (or that period as extended under section 174) has expired, the Commission may grant a renewal of the licence or BYO permit to the applicant or nominated person, after considering any objection made under subsection (4), if satisfied that the applicant or nominated person is a suitable person to hold the licence or permit.
Section 44(3) applies to the determination of an application under this section.
S. 62(8) amended by No. 59/2009 s. 30(e).
This section does not apply to a renewable limited licence.
Pt 2 Div. 8A (Heading and ss 62A–62D) inserted by No. 49/2021 s. 32.
Division 8A—Cancellation of licence or BYO permit at request of owner or mortgagee
S. 62A inserted by No. 49/2021 s. 32.
This Act’s bill:Second reading speech
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