Addressing the harmful use of alcohol - WHO Western Pacific Region

Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation
Table 7.5 : Suggested legislative text
Vary, suspend or cancel the licence
1) At the time of renewal of the licence or at any other time,
a) the Authority may instigate an order, or
b) any member of the police or any local government officer with responsibility under this
Act or other category of person as specified in regulations may apply to the Authority to
instigate an order
i) to add, vary or revoke any condition of the licence,
ii) to suspend the licence for any period up to XX days, or
iii) to cancel or decline to renew the license to sell alcohol.
2) The grounds on which an order under this section may be made are as follows:
a) that the licensed premises have been conducted in breach of any of the
provisions of this Act or of any criteria for or conditions of the licence or
otherwise in an improper manner;
b) that the conduct of the licensee is such as to show that he or she is not a suitable
person to hold the licence; and
c) that the licensed premises are being used in a disorderly manner so as to be obnoxious
to neighbouring residents or to the public.
3) The licensee shall be notified 30 days before the order comes into force and may request a
public hearing before the Authority in writing within 10 days of receipt of the notification.
4) The Authority’s decisions shall be based on the balance of evidence before it.
Right of appeal
Licensing decisions affect both communities and livelihoods and, therefore, decisions may be
contested, particularly in the first years following enactment In Australasia, liquor licensing
authorities are a form of specialist court, but with decisions made “on the balance of evidence”
rather than to a criminal justice level of proof, on the grounds that alcohol is no ordinary commodity.
All jurisdictions with licensing systems allow a right of appeal to a higher specialist appeal body
established under the Act, or to the high court under civil law. New Zealand, for example, allows
appeal to the High Court against decisions of its specialist Licensing Authority on the suitability
of the licensee or on points of law, but not on matters of fact.
It is important, however, that poorly licensed businesses should not be permitted to continue
operating pending their appeal against suspension, cancellation or refusal to renew the licence.
A licence to sell alcohol while others may not is a privilege, not a right.
Legislation may provide for public hearings on contested licence applications or renewals,
particularly if these arise from public objections. Public hearings should be held in the locality
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