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)
Also consider...
- Find out how to apply for a liquor licence.
- Learn more about compliance for liquor licensees.
- Read the Liquor Act 1992.
- Read the Wine Industry Act 1994.
- Read the Prostitution Act 1999.