Guideline 07: Fit and proper or suitable person

Liquor Act 1992 - Section 107
Wine Industry Act 1994 - Section 9

To hold a licence, permit or other authority, you must be a ‘fit and proper person’ (under the Liquor Act) or a ‘suitable person’ (under the Wine Industry Act).

When assessing if you are a fit and proper or suitable person to hold a licence, permit or other authority, the Commissioner will consider whether you:

  • are declared bankrupt (except in the case of a nominee who has no financial or vested interest in the licence or premises for a wine industry licence)
  • have had no major convictions within the last 5 years
  • have had no substantial convictions under the Liquor Act
  • can demonstrate that you know and understand the obligations of a licensee or permit-holder, specifically relating to the type of licence or permit
  • do not have a history of behaviour that would make you unsuitable to hold a licence or permit (determined by police report or referee check)
    and
  • can demonstrate a responsible attitude to managing and carrying out your financial obligations.

Suitability to hold an adult entertainment permit

Liquor Act 1992 – Section 107E

When deciding if you are a suitable person to provide adult entertainment, the Commissioner must consider all relevant matters, including:

  • your reputation (bearing in mind your character, honesty and integrity)
  • whether you have been convicted of
    • an indictable offence
      or
    • an offence under the Prostitution Act 1999.
  • whether you are an associate of a person who has been convicted of
    • an indictable offence
      or
    • an offence under the Prostitution Act 1999.
  • whether you are an associate of a corporation of which an executive officer has been convicted of
    • an indictable offence
      or
    • an offence under the Prostitution Act 1999.

Re-issued 18 May 2016
(Issued 14 August 1992; re-issued 30 August 2002; re-issued February 1995; re-issued 22 May 2009)

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