Part 2Sale and supply of alcohol generally
Licensing process: on-licences, off-licences, and club licences: Variation of conditions
120Variation of conditions
The holder of a licence may at any time apply to the licensing committee to vary or cancel any condition of the licence (whether the condition was imposed by the licensing authority or the committee).
The application must be made in the prescribed form and manner and be accompanied by any prescribed fee.
The applicant must comply with the notification requirements in section 101.
Any person may object to the grant of the application, whether as an individual or as a representative of a group or an organisation.
However,—
- a trade competitor may object to the grant only if the trade competitor is directly affected by the grant in a way that does not relate to—
- trade competition; or
- the effects of trade competition; and
- trade competition; or
- a person may not object to the grant if the person receives, or is likely to receive, direct or indirect help from a trade competitor to object to the grant.
Every objection must comply with the requirements set out in section 102(2) to (5).
Sections 103 and 104, with any necessary modifications, apply to applications under this section.
In considering the application, the licensing authority or licensing committee concerned must have regard to any relevant matter that is specified in section 105.
In deciding whether or not, or to what extent, to vary any conditions imposed on a licence, the licensing authority or licensing committee concerned must have regard to any inconsistency between the conditions as proposed to be varied and any relevant local alcohol policy.
Notes
- Section 120(4): replaced, on , by section 11 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
- Section 120(4A): inserted, on , by section 11 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).