Review of a licensing decision
Generally, if an applicant is dissatisfied with the decision handed down by the Director of Liquor Licensing, they have the right to apply for a review to be carried out by the Liquor Commission.
The review application needs to be submitted to the Commission within 28 days of receiving Director's decision. The Commission may grant an extended period for applications to be submitted.
Decisions relating to the conduct of business under an extended trading permit or occasional licence can't be reviewed by the Commission. This includes the cancellation, variation or suspension of either type of licence.
The review process
When conducting a review, the Liquor Commission can only consider the same application and evidence that was originally submitted to the Director of Liquor Licensing.
The Commission must consist of three members if:
- the decision involves granting or removing a licence;
- the decision involves imposing, varying or revoking a prohibition order; or
- the chairperson determines three members are required.
An application for a review of a decision to cancel a licence can only be made on a question of law, i.e, on the perceived basis that the Director has misinterpreted the Liquor Control Act in making the original decision.
When conducting a review based on a question of law, the Commission must include one member who is a legal practitioner.
The Commission may:
- affirm, vary or overturn the Director's decision;
- make a decision that it feels should have been made in the first instance;
- clarify any questions of law;
- give instructions to the Director;
- make any incidental or ancillary orders it finds necessary in relation to the decision.