(1) If the licensing
authority does not grant or vary a special facility licence because
section 46(2) or 46A(1) applies, the licensing authority may, with the
agreement of the applicant, treat the application for, or for the variation
of, the special facility licence as an application for —
(a) the
grant or variation of a licence of another class; or
(b) the
imposition, variation or cancellation of a condition on a licence of another
class; or
(c) the
issue of an extended trading permit in respect of a licence of another class.
(2) The licensing
authority may of its own motion or on the application of the licensee —
(a)
cancel a special facility licence; and
(b) in
respect of the premises to which the special facility licence related —
(i)
grant to the person who was the licensee a licence of
another class; and
(ii)
if considered appropriate by the licensing authority,
issue to that person an extended trading permit.
(3) If the licensing
authority of its own motion proposes to cancel a special facility licence and
grant a licence of another class under subsection (2), the licensing authority
—
(a) is
to give the licensee a notice that sets out the proposal and the reasons for
it; and
(b) is
to give the licensee a reasonable opportunity to make submissions or to be
heard in relation to the proposal.
[Section 46B inserted: No. 73 of 2006 s. 36.]