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LIQUOR ACT 1992 - SECT 153
Letting or subletting of licensed premises
153 Letting or subletting of licensed premises
(1) A licensee must not, without the commissioner’s approval— (a) let or
sublet all of the licensed premises; or
(b) enter into a franchise or
management agreement for all of the licensed premises.
Penalty—
Maximum penalty—40 penalty units.
(2) If a licensee lets or sublets, or
enters into a franchise or management agreement for part of the licensed
premises (the
"relevant part" ), the lease, sublease or agreement must not purport to
authorise a person other than the licensee to sell liquor under the
licensee’s licence on the relevant part. Penalty— Maximum
penalty—40 penalty units.
(3) Subsections (1) and (2) do not apply to the
holder of a commercial special facility licence who, with the commissioner’s
approval— (a) lets or sublets part of the licensed premises; or
(b) lets or
sublets the right to sell liquor; or
(c) enters into a franchise or
management agreement for part of the licensed premises.
(4) The commissioner
must not give an approval mentioned in subsection (1) or (3) unless the
commissioner is satisfied the proposed lessee, sublessee, franchisee or
manager is not a disqualified person and is a fit and proper person to lease,
sublease or franchise or manage the licensed premises.
(5) For forming the
satisfaction mentioned in subsection (4) , the commissioner may have regard to
the matters mentioned in section 107 to which the commissioner must have
regard in deciding whether an applicant is not a disqualified person and is a
fit and proper person to hold a licence.
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