Surrendering licences
94 Surrendering licences
A person who is the holder of a licence or who is under section 86 authorised to carry on the business of a licensee may, by notice in writing to the Director, give notice of intention to surrender the licence and that licence —
is taken to be surrendered; and
shall cease to have effect,
on such date as is, in a notice of acceptance of the surrender given by the Director to that person, specified as the date of surrender.
The surrender of a licence does not affect liabilities incurred by the licensee under this Act up to the date of surrender.
The Director shall not give notice of acceptance of a surrender unless the Director is satisfied —
except where the licence is a club licence, that the written consent of every person entitled to any freehold interest in the licensed premises has been sought; and
in the case of a club licence, that —
the members of the club at a duly convened general meeting of members; or
where no such meeting is convened, any trustees of the club,
have by a majority resolution consented to the surrender, or that the surrender is otherwise appropriate; and
in all other cases, that so far as is practicable the consent of every person entitled to any interest in the licensed premises has been sought; and
in all cases, that so far as is practicable the consent of every person entitled to any interest in the licensed premises under —
a lease; or
a mortgage, charge or security affecting the premises,
has been sought,
and that, except where reasonable cause is shown why a consent can not and should not be required to be obtained, all the persons of whom consent has been sought have so consented.
In subsection (3), a reference to an interest includes an interest in possession, reversion or remainder.
[Section 94 amended: No. 20 of 2025 s. 67.]
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