Positions of authority in licensed premises
All people in positions of authority must be approved by the Commissioner.
In a trust, a person is considered to be in a position of authority if they are a trustee or beneficiary of the trust.
In the case of a body corporate, a person is considered to be in a position of authority if they:
- are a director of the body corporate
- exercise influence or control over the body corporate
- manage the business of the body corporate to be conducted under the licence
- are a shareholder, if the licensee is a proprietary company.
Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust don't need approval.
A charitable organisation that is a beneficiary of a trust is not regarded as occupying a position of authority.
Fit and proper person
To be approved to hold a position of authority you must be a fit and proper person.
A person is not a fit and proper person to hold a licence, or be in a position of authority in a trust or corporate entity that holds a licence if they have been found guilty or convicted of an offence prescribed by regulations.