Question
Imagine that the Licensed Premises Act 2010 (NSW) (a fictitious act) provides the following in Section 15: (1)A licensee may not lease or sublease any
Imagine that the Licensed Premises Act 2010 (NSW) (a fictitious act) provides the following in Section 15:
(1)A licensee may not lease or sublease any part of the licensed premises without the approval of the State Licensing Authority ('the Authority').
In other provisions, the Act makes it clear that breaches by a licensee of any provision of the Act could be brought before the Authority, which has the power to make orders in relation to any breach or complaint that is found to be justified. This includes the imposition of an appropriate fine on the licensee in circumstances that warrant a penalty. However, the Authority may also choose not to take any action in relation to breaches or complaints.
The Wattle Grove Country Club is a licensee under the Act. It subleases part of its premises to Brewster to run a fitness gym for club members, but it fails to comply with Section 15(1).
There has been a series of disputes between the Club's management and Brewster. The Club serves a notice on Brewster terminating the sublease, claiming it is void and unenforceable because the sublease does not have the approval of the Authority.
Advise the Club about its prospects in relation to the argument it has raised. [25 marks]
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