Applications for removal of licence
81 Applications for removal of licence
Subject to section 78, 79, and 80, the Director has the same powers in relation to an application for the removal of a licence as the Director has in relation to an application for the grant of a new licence of that class.
Subject to section 78, an application for a removal must be made by the person wishing to hold the licence after the removal.
An applicant for the removal of a licence must satisfy the Director —
[(a) deleted]
that the requirements of this Act in relation to the grant of a new licence of that class are met in relation to —
the licence sought to be removed; and
the premises to which it is sought to be removed;
and
that adequate notice of the proposed application had been given —
to the owner and any lessor or lessee of the premises to which the licence is sought to be removed; and
to the owner, and any lessor, lessee or mortgagee of the premises from which it is proposed to remove the licence;
and
where the applicant is not the holder of the licence sought to be removed, that the licence should be transferred to the applicant.
[(4) deleted]
The removal of a licence —
shall be effected by an endorsement made on the licence by the Director, in the approved form, substituting the name of the premises to which the licence is removed for that of the premises to which it previously applied; and
takes effect on the date specified in that endorsement,
on an application for the proposed removal being granted.
Where a licence the operation of which is suspended is removed, the licence when removed shall then be in force for all purposes, unless the Director in an appropriate case orders that the suspension continues to have effect.
An application for the removal of a licence cannot be made if —
the licence has been conditionally granted under section 62; and
the grant of the licence has not been confirmed under section 62(9).
[Section 81 amended: No. 12 of 1998 s. 55; No. 73 of 2006 s. 59; No. 20 of 2025 s. 67, 123, 124(1) and 125.]
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