Appeals to Liquor Appeal Board
25.—(1) An applicant or a licensee aggrieved by an appealable decision of the Licensing Officer may appeal to the Liquor Appeal Board against the decision; and the Liquor Appeal Board’s decision on the appeal is final.
(2) An appealable decision of the Licensing Officer refusing to renew a liquor licence takes effect despite an appeal against that decision being made to the Liquor Appeal Board under subsection (1), unless the Liquor Appeal Board otherwise specifies.
(3) In granting an appeal, the Liquor Appeal Board may impose any restrictions or conditions that the Liquor Appeal Board thinks fit on the liquor licence that is the subject of the appeal.
(4) In this section, “appealable decision”, in relation to the Licensing Officer, means any of the following decisions:(a)
a decision under section 8(1) refusing to grant or renew a liquor licence;
(b)
a decision under section 8(5) removing or modifying any restriction or condition of a liquor licence, or adding any new restriction or condition to a liquor licence;
(c)
a decision under section 9(1) suspending or cancelling a liquor licence.
Liquor Appeal Board
26.—(1) For the purpose of section 25(1), the Minister is to appoint a Liquor Appeal Board comprising a chairperson, a vice‑chairperson and 5 other members.
(2) A person who, in the person’s official capacity, has any dealings or is in any way concerned with the supply of any liquor or with any premises at which the supply is or may be made, must not be appointed to the Liquor Appeal Board.
(3) The Minister is to appoint a public officer as a secretary to the Liquor Appeal Board.
(4) All members of the Liquor Appeal Board are public servants within the meaning of the Penal Code 1871.
Appeals to Minister
27.—(1) Any individual who is aggrieved by an appealable decision of the Commissioner or an authorised officer may appeal to the Minister; and the Minister’s decision on the appeal is final.
(2) An appealable decision of the Commissioner or an authorised officer takes effect despite an appeal against that decision being made to the Minister under subsection (1), unless the Minister otherwise specifies.
(3) The Minister may designate any Minister of State for his or her Ministry, or any Parliamentary Secretary to that Ministry, to hear, in the Minister’s place, any appeal under subsection (1).
(4) In granting an appeal (other than in respect of a decision mentioned in subsection (5)(f)), the Minister may impose any restrictions, terms or conditions that the Minister thinks fit on the liquor licence, consumption permit, order under section 17(1) or Liquor Control Zone banning notice that is the subject of the appeal.
(5) In this section, “appealable decision”, in relation to the Commissioner or an authorised officer (as the case may be), means any of the following:(a)
a decision under section 11(2)(b) to order a licensee to take steps to prevent or minimise any significant threat or risk to public order, safety or peace, or under section 11(2)(c) modifying any restriction or condition of, or adding any new restriction or condition to, a liquor licence of a licensee, or suspending the liquor licence;
(b)
a decision under section 13(1) refusing to grant a consumption permit;
(c)
a decision under section 13(5) removing or modifying any term or condition of a consumption permit, or adding any new term or condition to a consumption permit;
(d)
a decision under section 13(6) suspending or cancelling any consumption permit;
(e)
an order under section 17(1) for a person to cease all of the person’s business activities carried on at any premises;
(f)
a decision under section 18(6) refusing to cancel a Liquor Control Zone banning notice;
(g)
a decision under section 18(6) refusing to vary or include any exception, or add any further exception, in a Liquor Control Zone banning notice.
