Certain applications to be refused unless in the public interest
38 Certain applications to be refused unless in the public interest
Subsection (2) applies to —
an application for the grant or removal of a licence of a kind prescribed; or
an application for a permit of a kind prescribed; or
any other application to which the Director decides it is appropriate for subsection (2) to apply.
An applicant who makes an application to which this subsection applies must satisfy the Director that granting the application is in the public interest.
For the purposes of subsection (2), the applicant must provide to the Director —
any prescribed document or information; and
any other document or information reasonably required by the Director for those purposes.
Without limiting subsection (2), the matters the Director may have regard to in determining whether granting an application is in the public interest include —
the harm or ill‑health that might be caused to people, or any group of people, due to the use of liquor; and
whether the amenity, quiet or good order of the locality in which the licensed premises or proposed licensed premises are, or are to be, situated might in some manner be lessened; and
whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; and
any effect the granting of the application might have in relation to tourism, or community or cultural matters; and
any other prescribed matter.
If an application referred to in subsection (1)(a) is refused because the Director is not satisfied that granting the application is in the public interest, an application for the grant or removal of a licence in respect of the same premises or land cannot be made within 3 years after the Director’s decision unless the Director certifies that the proposed application is of a kind sufficiently different from the application that was refused.
[(6) deleted]
If subsection (2) applies to an application, the Director may publish the following on the Department’s website —
the application;
any document or information provided under subsection (3) in relation to the application.
[Section 38 inserted: No. 73 of 2006 s. 33; amended: No. 56 of 2010 s. 40; No. 9 of 2018 s. 20; No. 20 of 2025 s. 67, 74 and 124(1).]
This provision refers to the regulations (prescribed matter
). Made under this Act:
- Liquor Control (Bayulu Restricted Area) Regulations 2013
- Liquor Control (Bungardi Restricted Area) Regulations 2017
- Liquor Control (Cheeditha Restricted Area) Regulations 2012
28 more instruments made under this Act are listed on the Act’s overview.
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