Liquor Act Amendment Act 1981 (Qld)

538 (QuPPZtsiatti ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 65 of 1981 An Act to amend the Liquor Act 1912-1979 in certain particulars [ASSENTED TO 14TH S EPTEMBER, 1981]

Liquor Act Amendment Act 1981, No. 65 539 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 and citation . (1) This Act may be cited as the Liquor Act Amendment Act 1981. (2) In this Act the Liquor Act1912-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Liquor Act1912-1981. 2. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding at the end of the section the following subsection:- (2) For the purposes of this Act and notwithstanding the provisions of any other Act, a person who is convicted in Queensland of an offence for which he could have been prosecuted or convicted upon indictment or who is convicted elsewhere than in Queensland of an offence in respect of an act or omission that, had it occurred in Queensland, would have rendered the offender liable to be prosecuted upon indictment shall be taken to have been convicted of an indictable offence notwithstanding that he was prosecuted or convicted in a summary way." 3. Amendment of s. 22. Section 22 of the Principal Act is amended by- (a) omitting subsections (Ia) and (lb); (b) omitting subsection (6) and substituting the following subsection:- " (6) Notwithstanding any provision of this Act, the Commission may, by notice in writing, call upon a licensee to satisfy it with respect to either or both of the following matters:- (a) that no beneficial interest whatever in the license held by the licensee or in the licensed premises is had by a person of any of the following descriptions- (i) a person who is disqualified by or pursuant to this Act from holding the license, other than a person so disqualified by reason only that he or she is a brewer or distiller or the spouse of a brewer or distiller; (ii) a person who is not a fit and proper person to hold a license; (iii) a person to whom the Licensing Court or the Commission has refused the license or a license of the same description other than for the reason only that he or she is or was a brewer or distiller or the spouse of a brewer or distiller; (b) that the licensee is not and is not likely to be under the influence, direction, management or control, with respect to the license, the business carried on pursuant to the license or the licensed premises, of a person (whether a director,

540 Liquor Act Amendment Act 1981, No. 65 manager, shareholder, employee, employer or a person of any other standing whatever) of any of the descriptions specified in subparagraphs (i), (ii) and (iii) of paragraph (a). If, when called upon as aforesaid, a licensee fails within the time limited by the notice so calling upon him or within such extension (if any) of that time granted by the Commission, to satisfy the Commission on the matter or matters to which the notice relates, the Licensing Court- (a) may forfeit the license held by the licensee; or (b) may impose in relation to the license held by the licensee such conditions as it thinks fit. In any case where the Court proposes to forfeit a license the provisions of section 47s shall, with all necessary adaptations, apply as if the forfeiture proposed were a forfeiture referred to in that section. In the case of a license held by a licensee in the capacity of owner of the licensed premises to which the license relates, forfeiture as aforesaid may be imposed in respect of the licensee and the licensed premises."; (c) adding at the end of the section the following subsections:- (7) Notwithstanding any provision of this Act- (a) the Licensing Court or the Commission shall not grant or transfer a license to a person unless the Court or, as the case may be, the Commission is satisfied that the proposed licensee is a fit and proper person to hold the license; (b) the Licensing Court shall not- (i) grant a license in respect of premises; or (ii) remove a license to premises, in which a person convicted (in Queensland or elsewhere) of an indictable offence has an estate or of which he is a lessee, if the court is satisfied that the offence or any of the offences (where more than one) is of such a nature as to make the grant or removal of a license inappropriate. (8) For the purposes of this section, a person who has been convicted (in Queensland or elsewhere) of an indictable offence or convicted of an offence against this Act shall be taken not to be a fit and proper person to hold a license unless the Licensing Court or the Commission (whichever is, dealing with that question) is satisfied- (a) that the offence is or all of the offences (where more than one) are of such a nature as not to make his holding the license in question inappropriate; or (b) that since that person was last convicted of an offence referred to he has been of good character and repute.". 4. Amendment of s. 48A. Section 48A of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) Subject to this subsection the Licensing Court may accept the tender that, having regard to all the circumstances, appears to it to be

Liquor Act Amendment Act 1981, No. 65 541 the most advantageous to the interest of the public in the locality to which it is proposed to remove the license and best meets the needs of that locality. The Licensing Court shall not accept a tender submitted by or on behalf of- (a) a person who, in its opinion, is not a fit and proper person to hold the license sought; or (b) a person who is or is likely to be under the influence, direction, management or control, with respect to the license, the business to be carried on pursuant to the license, or the premises to which the license would relate, of a person (whether a director, manager, shareholder, employee, employer or a person of any other standing whatever) who, in its opinion, is not a fit and proper person to hold the license sought. For the purposes of this subsection, a person who has been convicted (in Queensland or elsewhere) of an indictable offence or convicted of an offence against this Act shall be taken not to be a fit and proper person to hold a license unless the tenderer satisfies the Licensing Court- (a) that the offence is or all of the offences (where more than one) are of such a nature as not to make that person's holding the license in question inappropriate; or (b) that since that person was last convicted of an offence referred to he has been of good character and repute.".