PL-2026-001 · MG-05 · rule · adopted by the executive

Fit and proper test: breaches counted over 18 months, not 36

Liquor Act (fictional) s 45; Licensing policy 3.2. Version 1 of 1 · raised from RF-2026-002.

DRAFT

Rule

36 → 18

breachWindowMonths (months) · MG05_BREACH_WINDOW

Evidence

2

feedback, data

Impact

not tested

GL-PM-04

Clearance

not routed

Position, version 1

draft · by Drafting agent on 12/09/2026 · Raised from rules feedback RF-2026-002.

For the fit-and-proper test under s 45, breach and conviction records are counted over the 18 months before the application rather than 36, so that a change of control is given weight.

Rationale: Draft from the evidence: the current window penalises new operators for a predecessor's conduct.

Options considered

  • Keep 36 months: Simple; unfair to changed operators
  • 18 months: Weighs change of control; still catches repeat conduct (chosen)
  • Case-by-case discretion: Inconsistent between applicants (GL-LC-04)

Privacy: No new personal data; breach records already held. · Human rights: Compatible; the test remains proportionate. · Equity: Neutral by applicant kind. · Cost: Nil.

Evidence base

Every position cites its sources (GL-PM-03)

  • FEEDBACK RF-2026-002 Rules feedback from review CM-1002 (MG-09 case management)

    The review set aside a refusal that weighed breaches under previous management.

  • DATA MG-05 refusals 2026 Refusals on fit-and-proper grounds (MG-05 licensing)

    Every refusal this year rested on the breach count alone.

Impact on live cases

Not yet tested (GL-PM-04)

Run the impact test.

Release for consultation

The executive's decision (GL-PM-02)

Version history

Immutable; each with its author and change note

VersionStatusAuthorCreatedChange noteRule
v1DRAFTDrafting agent12/09/2026Raised from rules feedback RF-2026-002.breachWindowMonths 36 → 18