Liquor Act Amendment and Spirit Merchant's Licenses (Validation of Transfers) Act 1987 (Qld)

456 ( ueenstau ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 35 of 1987 An Act to validate determinations and orders made by the Licensing Court in relation to applications made to it for the transfer of spirit merchant ' s licenses and to amend the Liquor Act 1912-1985 in certain particulars and for other purposes [ASSENTED TO 30TH APRIL, 1987]

Liquor Act Amendment and Spirit Merchant's Licenses (Validation of Transfers) Act 1987, No. 35 457 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:- PART I-PRELIMINARY 1. Short title and citation . This Act may be cited as the Liquor Act Amendment and Spirit Merchant's Licenses (Validation of Transfers) Act 1987. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her . Majesty. (2) Except as provided by subsection (1), this Act shall commence on a date appointed by Proclamation. The date so appointed is referred to in this Act as the commencement of this Act. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY ( ss. 1-3); PART II-VALIDATION AND TRANSITIONAL PROVISIONS (ss. 4-6); PART III-AMENDMENT OF„THE LIQUOR ACT 1912-1985 (ss. 7-13). PART II-VALIDATION AND TRANSITIONAL PROVISIONS 4. Validation . Subject to section 5, in respect of every application for the transfer of a spirit merchant's license under The Liquor Act of 1912 or that Act as amended that the Licensing Court heard and purported to determine before the commencement of this Act, it shall be deemed that the Court's jurisdiction under that Act included, at the material time, jurisdiction to determine the application, and in a case where the Licensing Court granted the application, jurisdiction- (a) to transfer the spirit merchant's license; and (b) upon the transfer of thebspirit merchant's license, to impose such conditions to which the license should be subject as it thought fit and to vary as it thought fit the conditions to which the license was subject. 5. Transfer set aside before commencement . (1) In a case where before the commencement of this Act, the Full Court of the Supreme Court has set aside as void an order of the Licensing Court transferring a spirit merchant's license under The Liquor Act of 1912 or that Act as amended because the Licensing Court lacked jurisdiction to make an order transferring a spirit merchant's license- (a) section 4 does not apply and the order made by the Licensing Court shall be deemed to have been void when made;

458 Liquor Act Amendment and Spirit Merchant's Licenses ( Validation of Transfers) Act 1987, No. 35 and (b) any act done by the Licensing Commission and any endorsement made upon the license, before the commencement of this Act, for the purpose of transferring the license to the person who was to take it on transfer under the order, shall be deemed to have been of no effect when done or made. (2) Where in the case referred to in subsection (1) the person who was to take the spirit merchant's license on transfer under the order set aside as void makes application to the Licensing Court for the transfer to him of the license, his application shall be valid and shall be heard and determined by the Licensing Court notwithstanding that the person from whom the license was to be transferred under the order has not joined in the application. 6. Applications to Licensing Commission. Upon the commencement of this Act, an application made under section 29 of the Liquor Act1912-1985 for the transfer of a spirit merchant's license and pending before the Licensing Commission at the commencement of this Act shall lapse and no further action shall be taken upon that application. PART III-AMENDMENT OF THE LIQUOR ACT 1912-1985 7. Citation. (1) In this Part the Liquor Act 1912-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Liquor Act 1912-1987. 8. Amendment of s. 5H . Discretion of Licensing Court. Section 5H of the Principal Act is amended, in subsection (1), by inserting after the words "application with respect to the grant" the words ", transfer". 9. Amendment of s. 5K Costs. Section 5K of the Principal Act is amended, in subsection (4), by inserting after the words "for the grant" the words ", transfer". 10. Amendment of s. 22. Persons and premises disqualified . Section 22 of the Principal Act is amended, in subsection (3), by omitting the words "by the Licensing Court" and substituting the words "pursuant to this Act". 11. Amendment of s. 27. Spirit merchant's license . Section 27 of the Principal Act is amended by (a) omitting subsection (1) and substituting the following subsection:- "(1) A spirit merchant's license in the prescribed form may be granted by the Licensing Court or (in the case of a subsisting spirit merchant's license) transferred by the Licensing Court to any person not disqualified by this Act from holding such a license.

Liquor Act Amendment and Spirit Merchant's Licenses (Validation of Transfers) Act 1987, No. 35 459 An application for the grant or transfer of a spirit merchant's license shall be lodged with the Licensing Court in the prescribed form and, in the case of an application for the transfer of a subsisting spirit merchant's license, shall be made by both the intending transferor and intending transferee."; (b) omitting subsection (7) and substituting the following subsections:- "(7) The Licensing Court upon granting or transferring a spirit merchant's license shall impose such conditions to which the license shall be subject as are prescribed and may impose such conditions to which the license shall be subject as it thinks fit and upon transferring a spirit merchant's license may also vary as it thinks fit the conditions to which the license is subject. (8) The Licensing Court's transfer of a spirit merchant's license and any change made by the Licensing Court upon transfer in the conditions to which a spirit merchant's license is subject shall be evidenced and effected by endorsement on the license.". 12. Amendment of s. 29. Transfer of licenses, etc. Section 29 of the Principal Act is amended, in subsection (1), by omitting the words "When any licensee" and substituting the words "When the holder of a license other than a spirit merchant's license". 13. Amendment of s. 35. Change of premises of licensed spirit merchant and licensed club. Section 35 of the Principal Act is amended by- (a) inserting after the second paragraph the following paragraph:- "Upon removing a spirit merchant's license under this section, the Licensing Court may impose such conditions to which the license shall be subject as it thinks fit and may vary as it thinks fit the conditions to which the license is subject."; (b) in the last paragraph, omitting the words "and the change in the licensed premises in question" and substituting the words ", the change in the licensed premises and any change in the conditions to which the license is subject