Liquor Control Act 1988

The Director may vary a liquor restriction declaration if the Director is satisfied that varying 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;

is reasonable in the circumstances.

Without limiting the variations that may be made under subsection (1) a declaration may be varied to do any or all of following —

change the area to which the declaration relates;

change the periods during which the premises is a liquor restricted premises;

create or change exemptions to, or conditions on, the declaration;

change the duration of the declaration.

The Director may exercise a power under subsection (1) —

at any time on the Director’s own initiative; or

on the application of —

the applicant for the declaration; or

any other person who owns or occupies any part of the premises; or

the Commissioner of Police.

The Director must not vary a liquor restriction declaration unless the Director is satisfied that each person who owns or occupies any part of the premises —

consents to the variation being made; or

has —

been informed of the proposed variation; and

had a reasonable opportunity to make submissions to the Director.

Section 152Q(4) and (5) apply, with any necessary modifications, to the exercise by the Director of a power under subsection (1).