Licences, generally
31 Licences, generally
In this Act —
an application for approval of the transfer of a licence means an application to vary the licence in respect of any premises by substituting the name of the transferee for that of a person who holds or has held the licence for the same premises; and
an application for the removal of a licence means an application seeking the variation of the licence so that it no longer has effect in relation to the premises to which it most recently applied and takes effect in relation to other premises.
Where an applicant for approval of the transfer of a licence applies also for the removal of the licence the applications may be dealt with at the same time.
Subject to —
this Act; and
any other written law; and
its conditions,
a licence authorises the holder to sell and supply liquor in accordance with its terms from the buildings or places referred to in the licence or otherwise as provided in the licence but, except to the extent that its terms or conditions may be varied by a permit or otherwise under this Act, in no other manner.
The authorisation conferred by a licence, other than an occasional licence, may be varied by an extended trading permit by —
endorsement on the licence to which it relates; or
a notice setting out the particulars of the variation.
[(5) deleted]
Any term or condition applicable to a licence or permit —
unless imposed by this Act, shall on the grant of the licence or the issue of the permit be included in or endorsed thereon; and
if thereafter imposed, varied (otherwise than pursuant to subsection (4)), or cancelled, shall be evidenced —
by a notice setting out particulars of the term or condition concerned, which shall, unless subsection (7)(a) applies, refer to the licence to which it relates and be served on the licensee; or
by being endorsed on it or included in a revised version,
as the Director may require.
A notice for the purposes of subsection (4) or (6) —
which is published in the Gazette and is (whether or not subject to specified exceptions) of general application, or to apply generally to licences of a specified class or in a specified area, is not required to refer to the particular licence to which it relates or to be served on the licensee; but
shall be signed personally by the Director.
In subsection (7), specified means specified in the notice published in the Gazette.
[Section 31 amended: No. 12 of 1998 s. 18; No. 20 of 2025 s. 67 and 71.]
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