Liquor Act Amendment Act 1990 (Qld)

907 LIQUOR ACT AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title and citation 2. Amendment of s. 49A. Removal of subsisting licensed victualler ' s premises 3. Transitional »een$eana ELIZ ANNO TRICESIMO NONO E'T AE SECUNDAE REGINAE N o. , ,"C of 11-7)99 An Act to amend the LiquorAct 1912- 1989 in certain particulars [ASSENTED TO 13TH AUGUST, 1990]

908 Liquor Act Amendment Act 1990, No. 48 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 LiquorAct. Amendment Act 1990. (2) In this Act, the Liquor Act 1912-1989 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Liquor Act 1912-1990. 2. Amendment of s. 49A. Removal of subsisting licensed victualler's licenses. Section 49A of the Principal Act is amended by- (a) omitting subsections (1), (2), (3) and (4) and substituting the following words:- "(1) Upon application by a licensed victualler and by the owner of the licensed premises of the licensed victualler, the Licensing Court in accordance with this section may remove the license of the licensed victualler from its existing site to such other site as will in the opinion of the Licensing Court meet the needs of the public and the neighbourhood in which that other site is situated. In every application the applicant shall describe the boundaries of the land proposed to be comprised in the new licensed premises. In considering the merits of an application the Licensing Court shall not be bound by the application as to the site or premises to which it is sought to remove the license or as to the accommodation or services proposed to be provided in connexion with the new licensed premises. (2) (a) Upon an initial consideration of the application by the Licensing Court- (i) if it is satisfied that the existing licensed premises to which the application relates by reason of their situation no longer meet the needs of the public and of the neighbourhood in which the premises are situated, the Licensing Court may determine that the license be removed from its existing site to some other site within the neighbourhood; or (ii) if it is satisfied that the existing licensed premises to which the application relates by reason of their situation are no longer required in order to meet the needs of the public and of the neighbourhood in which the premises are situated, the Licensing Court may determine that the license be removed from its existing site to some other site not within the neighbourhood;

Liquor Act Amendment Act 1990, No. 48 909 without in either case determining the site to which the license shall be removed. Upon making a determination referred to in subparagraph (i) or (ii), the Licensing Court shall refer the application to the Commission for the purposes of subsection (3). (b) The Licensing Court shall not determine that a license be removed from its existing site pursuant to paragraph (a) unless it is satisfied that there exists in relation to the existing site one or more of the circumstances that- (i) the existing site is no longer suitable or is no longer economically viable; (ii) rebuilding is desired or ordered and the existing site is no longer suitable; (iii) re-routing of roads or highways or acquisition of land or re-development of the area has detrimentally affected the site or economy of the existing licensed premises; (iv) the existing site is subject to flooding or in danger of erosion by the sea or a waterway; or any other circumstances the court thinks sufficient. (c) The Licensing Court- (i) shall not initially consider an application for the purposes of this subsection unless a notice to show cause why the license should not be removed has been served in the prescribed manner on the Local Authority in whose area the existing licensed premises to which the application relates are situated; (ii) shall not determine to remove the license pursuant to this subsection- (A) until it has heard and considered any objection or representation in relation to the removal made by the Local Authority in question on the date specified in the notice or on another date fixed by the Licensing Court; (B) if it upholds any objection or representation made. (d) The notice to show cause- (i) shall fix a date upon which cause may be shown being not less than 14 days after service of the notice; (ii) may be served personally or in such manner as is prescribed on the clerk of the Local Authority in question. (e) Nothing in this subsection requires the serving of a notice to show cause on a Local Authority which has joined in an application for the removal of a license. (f) No objection to the form, effect, validity or sufficiency of a notice to show cause shall be held good so long as it is in the form or to the effect prescribed.

910 Liquor Act Amendment Act 1990, No. 48 (3) Upon referral of an application to it by the Licensing Court pursuant to subsection (2), the Commission shall make inquiries and determine whether there exist in relation to the site to which it is proposed to remove the license the circumstances- (a) that the needs of the public and the neighbourhood in which the proposed site is situated justify the removal of the license to the proposed site; and (b) that the additional accommodation and services or other matters necessary to meet those needs cannot be provided adequately through any existing licensed victualler's premises by way of requisition made by the' Commission on the licensees of those premises. (4) If the Commission determines under subsection (3) that the circumstances prescribed by paragraphs (a) and (b) of the subsection do not exist in relation to a site, it shall notify the Licensing Court. Subject to any appeal to the Licensing Court pursuant to section 8A by applicants aggrieved by, the determination, the Licensing Court shall then determine that the license not be removed to that site. (5) In any case where the Licensing Court pursuant to subsection (4) determines that a license not be removed to a site nominated in an application, the applicants, within such period as the Licensing Court may at any time allow, may vary the application by nominating another site to which they propose the license be removed. If this occurs, the Licensing Court shall refer the application to the Commission for the purposes of subsection (3) and that subsection and the following subsections of this section shall then apply to the application. This subsection does not limit the number of occasions on which applicants may vary, in accordance with this subsection, the site to which they propose the license in question be removed. (6) If the Commission under subsection (3), or the Licensing Court on appeal by applicants aggrieved by a determination of the Commission under subsection (3), determines that the circumstances prescribed by paragraphs (a) and (b) of the subsection exist in relation to a site to which it is proposed to remove a license, the Commission- (a) shall determine, and prepare specifications of, the accommodation, services and other matters considered by it to be necessary at the proposed site; and (b) shall require the applicants to publish twice within a period fixed by the Commission, in a newspaper that circulates in the neighbourhood in which the

Liquor Act Amendment Act 1990, No. 48 911 proposed site is situated, a notice in a form approved by the Commission calling for objections to the removal of the license to the site. (7) (a) An objection referred to in paragraph (b) of subsection (6) may be made only by or on behalf of- (i) the Local Authority in whose area the proposed site is situated; (ii) an elector resident in the neighbourhood in which the proposed site is situated; or (iii) an owner of licensed premises of a licensed victualler existing in the neighbourhood in which the proposed site is situated, or the licensee thereof. (b) The only grounds for an objection by a Local Authority referred to in subparagraph (i), or an elector referred to in subparagraph (ii), of paragraph (a), are one or more of the grounds that- (i) the proposed site is in the immediate vicinity of an existing or proposed place of public worship, hospital of school; (ii) undue offence, annoyance, disturbance or inconvenience would be likely to occur to persons resident in the vicinity of the proposed site; or (iii) the amenity, quiet or good order of the area in the vicinity of the proposed site would be adversely affected. (c) The only grounds for an objection by an owner or licensee referred to in subparagraph (iii) of paragraph (a) are one or more of the grounds that- (i) removal of the license would adversely, affect the economic viability of the licensee's premises; or (ii) licensed premises existing in the neighbourhood in which is situated the site to which it is proposed to remove the license, having regard to their number, condition, distribution, extent and quality of service, are adequate to service the needs of the public and the neighbourhood."; (b) renumbering subsections (4A), (4B), (4C), (4D), (5) and (6) as subsections (8), (9), (10), (11), (12) and (13) respectively; (c) in subsection (8) as numbered by paragraph (b)- (i) inserting after the words "An objection" where they first occur the words "referred to in paragraph (b) of subsection (6)"; (ii) omitting the words "subsection (3)" and substituting the words "the subsection";

912 Liquor Act Amendment Act 1990, No. 48 (iii) omitting the word "applicant" and substituting the word "applicants"; (d) in subsection (9) as numbered by paragraph (b)- "(6)"; (i) omitting the expression "(3)" and substituting the expression (ii) omitting the word "applicant" and substituting the word "applicants' (iii) omitting the expression "(4A)" and substituting the expression "(8)"; (e) in subsection (10) as renumbered by paragraph (b) omitting the word "applicant" and substituting the word "applicants"; (f) in subsection (11) as renumbered by paragraph (b)- (i) inserting after the word "license" where firstly occurring the words "to a site determined by it"; (ii) in paragraph (a) omitting the expressions "(4C)" and "(3)" and substituting the expressions "(10)" and "(6)" respectively; (iii) in paragraph (b) omitting the expression "(4A)" and substituting the expression "(8)"; (g) in subsection (12) as renumbered by paragraph (b)- (i) omitting the expression "(4D)" and substituting the expression "(11) (ii) inserting before the word "conditionally" the words "to a site determined by it"; (iii) omitting the words "subsection (2)" and substituting the words "paragraph (a) of subsection (6)"; (iv) inserting before the words "but, upon the applicant" the words "to the site"; (v) inserting after the words "shall remove the license" the words "to the site"; (vi) omitting the word "applicant" wherever it occurs and substituting the word "applicants"; (h) adding at the end of the section the following words:- "(14) In this section, a reference to a Local Authority or an area of a Local Authority is a reference to those terms within the meaning of the Local Government Act 1938-1989.1l.- 3. Transitional . (1) Section 49A of the Principal Act as amended by this Act applies with respect to an application for the removal of a licensed victualler's license made under section 49A of the Principal

Liquor Act Amendment Act 1990, No. 48 913 Act and pending before the Licensing Court immediately before the commencement of this Act and- (a) not heard by the Licensing Court before the commencement of this Act for the purpose of determining whether there exist the conditions precedent to removal of the license prescribed by subparagraphs (a) to (e) (both inclusive) and the general words occurring before those subparagraphs in the first paragraph of subsection (1) of section 49A of the Principal Act; or (b) heard by the Licensing Court for the purpose defined in paragraph (a) before the commencement of this Act but in respect of which before the commencement the Commission has not yet required the applicant to publish a notice pursuant to subsecton (3) of section 49A of the Principal Act; as if the application were made after the commencement of this Act. (2) Subsection (1) does not- (a) require a notice to show cause to be served upon a Local Authority in compliance with subsection (2) of section 49A of the Principal Act as amended by this Act in any case where such a notice has been served before the commencement of this Act in compliance with subsection (1) of section 49A of the Principal Act; or (b) affect any determination made by the Licensing Court before the commencement of this Act that a licensed victualler's license be removed from its existing site, in relation to an application to which the subsection applies, and the provisions of the Principal Act as amended by this Act with all necessary adaptations are to be read and construed accordingly. (3) Subject to subsection (1), applications made under section 49A of the Principal Act and pending before the Licensing Court at the commencement of this Act are to be heard and determined as if this Act had not been passed.