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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-15 Daily Xml
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LIQUOR LICENSING (CERTIFICATES OF APPROVAL) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (17:08): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Liquor Licensing Act 1997 gives the licensing authority (either the Liquor and Gambling Commissioner or the Licensing Court) the power to grant or refuse applications for new liquor licences for premises or proposed premises.

In the case of a premises that is not yet completed ('proposed premises'), it is open to the licensing authority to refuse an application and instead grant a 'certificate of approval'.

A certificate for a new licence is issued under section 59 of the Act. A certificate for removal of an existing licence to different premises is issued under section 62 of the Act.

Both sections 59 and 62 require that a certificate may only be issued if the licensing authority is satisfied of the following:

any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the premises or proposed premises for the sale of liquor have been obtained.

that any approvals, consents or exemptions that are required by law for the carrying out of building work before the licence takes effect have been obtained.

The current legislation requires that both planning and building consent be obtained before a certificate is issued.

In 2000, the Act was amended to require that all relevant approvals be obtained prior to the issue of a certificate. At the time, the reasons for the amendments were given as follows:

the Bill deals with the current difficulty posed by the provision, in s59 and 62, for the licensing authority to issue a 'certificate of approval' for premises which have not yet been built. The licensing authority requires full information about the proposed premises before deciding whether a certificate of approval, which paves the way for a liquor licence, ought to be granted, and until recently it had been the practice of the authority to require this. However, it has been held by the Supreme Court that the Act does not require the applicant to have obtained development approval before applying for a certificate.

This result is undesirable. It is intended that applicants obtain development approval before obtaining approval for a liquor licence, because any conditions which might be attached to development approval could be relevant in determining whether a liquor licence should be granted. For this reason, the Bill amends sections 59 and 62 of the Act to make clear that, before a certificate of approval can be granted, the authority must be satisfied as to the matters as to which it is required to be satisfied in granting a licence, or in approving a removal of licence. These matters, set out in sections 57 and 60, include a requirement for any approval required under the law relating to planning.

In the matter of the Redlegs Club Inc, His Honour Judge Beazley suggested that the Liquor Licensing Act 1997 be amended to restrict the requirement that approvals be obtained at the certificate stage to provisional development planning approval.

His Honour Judge Beazley has highlighted a potential problem for applicants for certificates.

In almost every application for development approval, building consent is dealt with subsequent to planning consent. The costs involved in obtaining building consent can be significant and may take many weeks to months. In addition, plans and building specifications may change before they can be considered by planning authorities, and conditions of approval set, before the licensing authority can consider the licence application.

Applicants are reluctant to spend money on building consent until planning consent is obtained from the Council and licensing approval for the eventual grant, or removal, of licence has been obtained from the licensing authority.

It is proposed that the Act be amended to permit a certificate to be granted upon the applicant satisfying the licensing authority that he or she has obtained planning consent, as opposed to planning and building consent (development approval).

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Liquor Licensing Act 1997

4—Amendment of section 59—Certificate of approval for proposed premises

Currently, section 59(1) provides that the licensing authority may, instead of granting a licence for proposed premises that are uncompleted, grant a certificate of approval approving the plans submitted by the applicant in respect of the proposed premises if the licensing authority is satisfied as to the matters as to which it is required to be satisfied for the grant of the licence. Those matters as to which it must be satisfied are set out in section 57(2) and are—

that any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the premises or proposed premises for the sale of liquor have been obtained; and

that any approvals, consents or exemptions that are required by law for the carrying out of building work before the licence takes effect have been obtained; and

that any other relevant approvals, consents and exemptions required for carrying on the proposed business from the premises have been obtained.

It is proposed to delete subsection (1) and substitute a new subsection that will provide that a certificate of approval may be granted in respect of proposed premises if the licensing authority is satisfied that any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the proposed premises for the sale of liquor have been obtained.

5—Amendment of section 62—Certificate of approval for removal of licence to proposed premises

Current section 62(1) is similar to current section 59(1) except that it relates to the granting of a certificate of approval in relation to an application for the removal of a licence to proposed premises. The matters as to which the licensing authority must be satisfied for the purposes of current section 62(1) are set out in section 60(2). As in the previous clause, it is proposed to delete current subsection (1) and substitute a new subsection that will similarly provide that a certificate of approval may be granted in respect of proposed premises if the licensing authority is satisfied that any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the proposed premises for the sale of liquor have been obtained.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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