Licensing, Liquor & Gaming
7. Commission Hearings
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 06 Aug 2015
- Licensing commission hearings are similar to court cases but not as formal. Each state and territory has its own laws about the hearing process but there are still some common procedures that give you an idea of what you can expect.
- At the commission hearing you can represent yourself or a lawyer can represent you.
- The relevant licensing commission may hold a hearing to:
- decide whether or not it will grant a new applicant a liquor or gaming licence; or
- to review specific breaches or complaints under a licence.
- A member of the public or someone with authority in the relevant gaming and licensing commission may lodge a formal complaint regarding the conduct of a licensee.
- In these cases the complaint is initially investigated by licensing inspectors.
- If there is sufficient evidence to support the complaint it may then be referred on for determination as to whether a formal hearing is warranted.
- Normally the hearing will take place in a location that is mutually convenient for all parties.
- Although the hearing rooms are set up like a courtroom their procedures are generally less formal.
- A number of people will usually come to the hearing and want to be heard such as:
- the licensee;
- the director in charge of licensing, liquor and gambling; and
- the person who has lodged the complaint.
- If anyone has a lawyer representing him or her then they will also be at the hearing.
- Generally a single commissioner or a panel of several commissioners will preside over the hearing.
- The general public as well as media representatives are also usually allowed to sit in on proceedings.
- It is common for witnesses to be called to give evidence.
- After the hearing the commission will make a decision as to whether or not the licensee is in breach of the relevant law or regulation.
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