Licensed Victuallers' Licenses (Validation of Removals) Act 1973 (Qld)

484 + aIA ANNA VICESIMO SECUNDO SEC R GI .1t°ra UN .Ae E NAE No. 54 of 19 73 An Act with resp ec t to the validity , eff ec t and cons eq uences of ce rtain dete rminat io ns m ade , or to be m ade, by the Lice ns ing Co m mission with respect to the re m oval of subsisting licensed victualle ; ' licenses upon applications lodg ed with the Co -- ":," o in that behalf before the nin et ee nth day of Dece m ber 1972 under , or purporting to be under , the provisions of the LiquorAct 1912-- 1970 and for purpos relat ed therewith. . [ASSENTED To 25TH OCTOBER, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short :title. This Act may be cited as the Licensed Victuallers' Licenses (Validation of Removals) Act 1973.

Licensed Victuallers ' Licenses ( Validation , Etc.) Act 1973, No. 54 485 2. Interpretation . (1) This Act shall be read as one with the LiquorAct1912-1972. (2) In this Act unless the contrary intention appears- magistrates court district " means a district appointed under the Justices Act1886-1973 for the purposes of Magistrates Courts ; " application " means an application to the Licensing Commission- (a) for, or with respect to, the removal of a subsisting licensed victualler's license; (b) lodged with the Commission before the nineteenth day of December 1972; and (c) under, or purporting to be under, section 49A of the LiquorAct1912-1970 or dealt with by the Licensing Commission as made thereunder. for removal of certain licensed victuallers' license& (1) Any determ'.aation, order or decision (whether final, provisional or subject to conditions) made, or purporting to be made, on an application before the commencement of this Act shall be deemed for all purposes to be lawfully made under and authorized by the provisions of section 49A of the LiquorAct1912-1970 as in force immediately before the commencement of the Liquor Act Amendment Act1972 and to have been originally lawfully so made and authorized. (2) Applications (other than applications on which a final determination, order or decision has been made) shall be dealt with by the Licensing Commission and finally determined under the provisions of the said section 49A as if, but without limiting the generality thereof, the said section 49A authorized and at all times heretofore since its enactment authorized the Commission to remove a licensed victualler's license from its existing site to another site in the same Magistrates Court District or in a Magistrates Court District adjoining that district whatever may be the distance between the existing site and that other site where it is satisfied that- (a) the licensed premises are so situated that, in the opinion of the Commission, the continuance of the licensed premises as such on the existing site'is, having regard to the existence of other licensed premises, uneconomic or unnecessary to meet the needs of the public or of the district; (b) the neighbourhood of the licensed premises has been, or is about to be, so altered as to render the continuance of the licensed premises as such on the existing site uneconomic or unnecessary to meet the needs of the public or of the district; (c) the licensed premises are so old as to require rebuilding or are otherwise in need of reconstruction, and the cost thereof renders the continuance of licensed premises as such on the existing site uneconomic; or

486 Licensed Victuallers' Licenses (Validation, Etc.) Act 1973, No. 54 (d) the licensed premises have been destroyed , or ordered by a Local Authority to be demolished , and the cost of rebuilding of the premises on the existing site renders such an undertaking economically unsound. (3) A determination , order or decision under, or to which this section relates, shall have validity and effect accordingly.