Queensland Consolidated Acts

LIQUOR ACT 1992 - SECT 125

125 Temporary authority

(1) If licensed premises are wholly or partially destroyed, or are damaged to such an extent that they are unsuitable for conduct of business under authority of the licence—

(a) the licensee must discontinue business under authority of the licence until a temporary authority is granted under paragraph (b) ; and

(b) the commissioner may, on application made by the licensee, grant to the licensee a temporary authority to conduct business under authority of the licence.

(2) A temporary authority may be granted in respect of—

(a) any part or parts of the licensed premises; or

(b) any neighbouring premises;

for the period the commissioner considers reasonable, although such part or parts, or neighbouring premises, do not satisfy the requirements of this Act or of the commissioner.

(3) If the licence for the licensed premises is a commercial hotel licence, the commissioner may grant temporary authority even though part of the business that is the principal activity under the licence can not be conducted in the premises that are the subject of the authority.

Example of subsection (3)—

If a hotel is destroyed by fire but there is a detached bottle shop covered by the licence, the temporary authority may be given for the detached bottle shop even though the hotel is not able to operate or can not be rebuilt for a period of time.

(4) A temporary authority may be—

(a) granted for 1 term stated in the authority, but not longer than 2 years; and

(b) extended for a term or terms, each of which is not longer than 2 years, if the commissioner is satisfied there are special circumstances for not restoring the premises within the original term or the most recent extension of the term, including, for example—

(i) continuing investigations about the destruction of the premises; or

(ii) difficulties in obtaining development approval for rebuilding the premises.

(5) The commissioner may impose conditions on the temporary authority—

(a) to ensure appropriate compliance with this Act; or

(b) to give effect to the main purpose of this Act mentioned in section 3 (a) ; or

(c) to minimise alcohol-related disturbances, or public disorder, in a locality.

(6) While a temporary authority is in force, the part or parts of licensed premises, or neighbouring premises, to which it relates are, for the purposes of this Act, the licensed premises to which the existing licence relates.