Liquor License Transfer Obligations

Question: Discuss about theLiquor License Transfer Obligations. Answer: Introduction I have experienced that the main purpose of the Liquor Act 2010 (LA) is to govern the supply, consumption, sale and promotion of liquor. The LA aims to reduce the harm which is associated in relation to liquor consumption, to provide for reasonable development of hospitality and liquor industry and to promote responsibility towards the consumption of liquor. I got to know that the supply of liquor by a person can only be done if he has obtained a valid liquor license under the provisions of this Act. I was also enlightened about Section 40 of the LA according to which in order to transfer the obtained license to another person (the new licensee) the owner of the license must make an application to the commissioner. The applicant (present licensee) must make such application to the commissioner in writing. The application must include all details in relation to suitability information with respect to the person to whom the license is to be transferred, all associates who are close to the proposed person, in case the proposed person is a corporation than all person who hold an influential position in the corporation and in case where a third person would be in control of the daily activity of the business other than the proposed licensee than details of all such third persons. The application made by me should be in compliance with section 40 part C with respect to the police report which must be made within 30 days. This application must be with respect to the person to whom the license is to be transferred; all associates close to that person, in case of corporation all influential position holders of the corporation and all third parties who would be in control of the business other than the proposed license holder. I got to known about Section 69 of the LA which deals with suitability information with respect to a person which is required under Section 40 part c and includes details about finding of guilt or conviction under the provided legislations which mainly comprises of the provisions of this Act, the Crimes Act 1900, the Criminal Code, the Criminal Code Act 1995, any law which is in force in Australia with respect to consumption and supply of liquor or any office which involves a minimum penalty of 1 year or more. The report must also contain details about any non compliance by the proposed person with respect to supply of labor, whether all requirements of this act have been complied with, whether the person was a bankrupt or insolvent during the preceding five years, the knowledge of the person with respect to all obligations arising out of this act and the ability of person to safely and responsibly supply liquor. Part 2 of the Section provides that a corporation is deemed to be insol vent if it is being wound up, had a controller or receiver appointed or is under external application with respect to the Corporations Act 2001. I experienced that If a person is found to provide false and misleading information with respect to the application he could be prosecuted under the provisions of Section 338 of the Criminal Code. In case a form has been approved with respect to Section 228 of the LA it has to be used. The application fee is determined with respect to the provisions of Section 227 of the LA. I have also understood the provisions of Section 41 of the LA which are applicable in case the commissioner has received a valid application with respect to Section 40. The commissioner will only transfer the license to the proposed person if he is satisfied that all the person who have provided a suitability information in relation to the license are suitable person under the provisions of this Act. In case the under the provisions of Section 70(2)(c) the commissioner has requested the proposed new licensee to provide information about another person than his suitability with respect to the license would not be effected. The commissioner should also be satisfied with the fact that the person to whom the license is to be transferred has complied with all the provisions of the act is would be likely to do so in the future. I got to know that the transfer application has to be decided by the commission within the requested time and such decision has to be communicated to the licensee. The Section further provides the definition of requested time according to which in case a commissioner has requested a police certificate than requested time is 30 days after the police certificate is provided to the commissioner and 30 days after the application has been received by the commissioner. In case the application has not been decided within the requested time than it is considered that the application has been rejected by the commissioner on the basis of Section 12 of the Civil and Administrative Tribunal Act 2008 I experienced that Section 67 of the LA provides that a suitable person to whom a license can be transferred is a person with whose information the commissioner is satisfied. The application has to be decided by the commissioner giving regards to principles of community safety and the minimization of harm in the society. I also got to know that a person has committed an offence under this Act if he has been involved in supplying liquor to children and young people under divisions 8.3 of the LA. Division 10 of the act provides powers to authorized persons to enter premises for the purpose of search and with respect to forfeiture and return of seized articles. The concept of occupational discipline as provided by Division 11.3 of the LA applies to person who have contravened the provisions of the Act, he is not a suitable person according to Act, the premises is not suitable according to the Act, the licensee as not been able to comply with the directions issued by the commissioner and an emergency closure had been made by the a senior police with respect to the licensee and he has not abided by such order. I am now aware of the fact that license can be suspended if the licensee has not abided by the directions of the commissioner or has made a breach with respect to the conditions implied on the license. The license can also be suspended if it is found that such actions are towards public interest. The training which I have received in relation to the existing laws with respect to the supply of alcohol has help me a lot towards understanding my obligations towards alcohol license. Now I am aware of all the obligations for which I might be held liable for the breach of this act and what are my responsibilities towards the alcohol license. References The Liquor Act 2010