Pre-requisites for transfer of licence
84 Pre-requisites for transfer of licence
The Director must refuse an application for approval of the transfer of the licence in relation to any premises unless the application is made —
pursuant to a contract for the sale or assignment of the right of the licensee to carry on business under the licence, the licensee consenting to the application; or
by a person who —
has under section 86 a right to carry on the business of the licensee; or
may, under section 87, be granted a business continuity order;
or
with the permission of the Director,
but where the Director is satisfied that a licensee can not be found or has unreasonably or capriciously refused to consent the requirement for that consent may be waived.
A licensee shall not purport to sell or assign the right to carry on business under the licence or to sell or assign the licence itself unless —
the contract of sale or assignment is subject to a condition precedent under which the prior approval by the Director of the proposed transfer of the licence is a prerequisite to the contract taking effect; or
the Director has approved the proposed transfer.
Where an application for approval of a transfer is made on the grounds that the licensee has been evicted from, or has ceased to occupy or to carry on business at, the licensed premises or that to the exclusion of the licensee the owner of the licensed premises has come into or become entitled to possession of those premises, the Director must refuse the application unless the Director is satisfied —
that notice of the application was given by the applicant to that licensee at least 3 days before the day on which the application is to be determined; or
that all reasonable steps were taken to give notice to that licensee, and that any failure to give the notice is not attributable to the applicant or a person employed by the applicant.
An applicant for approval of the transfer of a licence —
must satisfy the Director —
that the applicant is a fit and proper person to hold the licence; and
as to the matters referred to in section 37(1)(a), (b), (c) and (d);
and
shall cause to be provided to the Director, in the approved form, a return of liquor purchased or sold by the transferor under the licence up to a date specified by the Director, being the date on which the transfer is to take effect or the date up to which the transferor last carried on business; and
shall provide or cause to be provided such further or other records or information as the Director may require,
but, in particular circumstances, the Director may waive or modify the requirement for the provision of any, or any particular, document or information.
On an application for approval to a proposed transfer of a licence the Director may make the grant of approval subject to such terms and conditions as the Director thinks fit, including —
a condition that any moneys due under this Act up to the date of transfer shall be paid to the Director; and
a condition requiring the carrying out of works or repairs on the licensed premises.
An application for approval of the transfer of a licence may be granted even if —
the operation of the licence is suspended; or
[(b) deleted]
a business continuity order has effect,
and where a licence is so transferred it shall then be in force for all purposes, unless the Director otherwise determines and so orders.
[Section 84 amended: No. 12 of 1998 s. 58; No. 73 of 2006 s. 60 and 111(7); No. 20 of 2025 s. 7, 67 and 123.]
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