(1) The licensing
authority is not to vary a special facility licence, or impose, vary or cancel
a condition on a special facility licence, if —
(a)
granting or varying a licence of another class; or
(b)
imposing, varying or cancelling a condition on a licence of another class; or
(c)
issuing an extended trading permit in respect of a licence of another class,
would achieve the
purposes for which —
(d) the
variation of the special facility licence is sought; or
(e) the
imposition, variation or cancellation of a condition on the special facility
licence is sought.
(2) Subsection (1)
applies —
(a)
whether or not an application has been made for a grant, variation,
imposition, cancellation or issue referred to in paragraph (a), (b) or (c) of
that subsection; and
(b) even
if such an application has been made and has been refused.
[Section 46A inserted: No. 73 of 2006 s. 36.]