Liquor restriction declarations, power to make
152Q Liquor restriction declarations, power to make
The Director may make a liquor restriction declaration if satisfied that making the declaration —
either —
reflects the wishes of the majority of the occupiers of the premises; or
is in the public interest, despite not reflecting the wishes of the majority of the occupiers of the premises;
and
is reasonable in the circumstances.
The Director may make a liquor restriction declaration in relation to all or part of the premises to which the application relates.
If the applicant is not the sole owner and occupier of premises to which an application relates the Director must not declare the premises to be liquor restricted premises unless the Director is satisfied that each other person who owns or occupies any part of the premises —
consents to the declaration being made; or
has —
been informed of the application; and
had a reasonable opportunity to make submissions to the Director.
For the purposes of deciding whether to declare premises to be liquor restricted premises the Director may consult with all or any of the following persons —
owners or occupiers of the premises the subject of the application;
owners or occupiers of premises near the premises the subject of the application;
the Commissioner of Police;
the relevant local government;
any other person, body or authority the Director considers may be able to provide information relevant to the application.
If the Director refuses to make a liquor restriction declaration the Director must notify the applicant of the refusal and the grounds on which it was made.
[Section 152Q inserted: No. 56 of 2010 s. 26.]
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