Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
27A Licence—interim licence
(1) This section applies if—
(a) the commissioner receives an application for a licence under section 25; and
(b) circumstances relating to the suitability of the premises under the proposed licence have delayed or prevented the commissioner from deciding the application within the required time.
Example—par (b)
a delay caused by a lease variation of a Crown lease for the premises under the proposed licence
(2) The commissioner may issue the proposed licensee with a temporary licence (an interim licence ) for the licence the subject of the application if the commissioner is satisfied that, but for the circumstances relating to the suitability of the premises, the commissioner would decide—
(a) that the premises are suitable premises for the proposed licence; and
(b) to issue the licence to the proposed licensee within the required time.
Note The commissioner must decide that premises are not suitable premises for a licence or permit in some circumstances (see s 77 (1)). However, the commissioner may decide that premises are suitable premises for a licence or permit if satisfied that, in all the circumstances, it would be unreasonable to find the premises unsuitable (see s 77 (2)).
(3) An interim licence is taken to be a licence of the class and subclass (if any) applied for by the proposed licensee.
Examples
1 If a proposed licensee applies for a general licence and is issued with an interim licence, the interim licence is taken to be a general licence.
2 If a proposed licensee applies for a bar licence, a subclass of an on licence, and is issued with an interim licence, the interim licence is taken to be a bar licence.
(4) A proposed licensee who is issued with an interim licence is taken to be the licensee for the licence.
(5) In this section:
"required time"—see section 27 (4).