2014-07-22 Planning & Organisation Committee Agenda Item 13 Attachment 1

                                                                              ATTACHMENT 1



DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION

Power to consider all applications for renewals of licences, and determine Section 44
whether to grant or refuse the application for renewal.
Power to give a notice to a licensee requiring the licensee to give Council, within    Section 45
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide a licence renewal application.
Power to consider all applications for amendments to licences, and determine Section 47
whether to grant or refuse the application to amend the licence.
Power to give a notice to the licensee requiring the licensee to give Council, Section 48
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide a licence
amendment application.
Power to determine whether to grant or refuse the application to transfer the Section 49
licence by having regard to whether the transferee is a suitable person to hold a
licence and whether the premises are suitable for providing higher risk personal
appearance services.
Power to give a notice to the licensee requiring the licensee to give Council,         Section 50
within a reasonable period of at least 40 days stated in the notice, further
information or a document Council reasonably requires to decide a licence
transfer application.
Power to, for forming a belief that the ground for suspending or cancelling a Section 51(2)
licence mentioned in subsection (1)(a) exists, have regard to the matters to which
Council may have regard in deciding whether a proposed licensee is a suitable
person to hold the licence
Power to issue a ‘show cause notice’.                                                  Section 52
Power to determine whether grounds continue to exist for the suspension or Sections 54 and
cancellation of a licence after issuing the licensee with a ‘show cause’ notice, and 55
if so, determine whether to suspend or cancel the licence.
Power to suspend a licence immediately if Council believes—                   Section 56
   (a) a ground exists to suspend or cancel the licence; and
   (b) it is necessary to suspend the licence immediately because there is an
       immediate and serious risk of infection to the licensee’s clients.
Power to consider all applications for a replacement licence, and determine            Section 62
whether to grant or refuse the application for the replacement licence.
Power to make an agreement with a licensee intending to provide higher risk            Section 65(3)
personal appearance services from mobile premises to allow a lesser period for
notification to Council of the licensee’s intentions.
Power to, where Council is the second local government for a licence under the Section 68
Act, notify the first local government where it is reasonable to believe that a
mobile licensee or operator has contravened their licence.
Power to, where Council is the first local government and has been notified by a Section 69
second local government of their reasonable belief that a mobile license holder or
operator has breached their licence conditions, take action under the Act.
Power to appoint authorised persons.                                                   Section 70


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