66(1)Subject to this section, in respect of renewals, a licence of any of the classes authorized by this Part shall be held to be a licence only to the person named in the licence and for the premises mentioned in the licence, and remains valid only as long as
(a)
subject to paragraph (b), that person continues to be the true owner or the lessee of the premises and the true owner or the operator of the business carried on by that person in the premises, and
(b)
if the business is carried on in a premises or a portion of a premises of which the licensee is not the true owner or the lessee, that person continues to have the written permission of the true owner or, if the premises or portion was in a public place before the issue of the licence, of the authority having jurisdiction over it, to operate the business on it.
Effect of death, assignment, sale or dispossession of licence
66(2)Subject to subsections (3) and (4), a licence becomes
ipso facto forfeited and void if
(a)
the licensee dies before the expiration of the licence,
(b)
the licensee by sale of shares or otherwise, sells, transfers, assigns or conveys more than fifty per cent interest in the business, or
(c)
the licensee becomes dispossessed of the business by bankruptcy or operation of law.
Effect of death, assignment, sale or dispossession of licence
66(2.1)Where a licensee by sale of shares or otherwise, sells, transfers, assigns or conveys more than fifty per cent interest of the business in respect of which the licence was issued, that licensee and the person who acquires more than fifty percent interest in the business shall immediately so notify the Minister.
66(3)Where a licensee notifies the Minister in writing that he intends to discontinue the business in respect of which the licence was granted, the Minister may cancel the licence as of the date indicated by the licensee as the date of discontinuance of the business.
Effect of death, assignment, sale or dispossession of licence
66(4)In a case to which subsection (2) applies, the Minister may, if it seems to the Minister proper to do so, give written permission for the carrying on of business under any such licence in the premises specified in the written permission by any person who appears to be entitled to the benefit thereof as assignee, purchaser or trustee in bankruptcy or otherwise by operation of law, but the permission shall not extend beyond the period of six months from the happening of the event from which the forfeiture of the licence would result, and the permission shall only entitle the person to whom it is granted to the benefit of the licence according to the terms of the permission.
Effect of death, assignment, sale or dispossession of licence
66(5)Subject to subsection (6), a person claiming the benefit of a licence under subsection (4) may, within the period of six months, apply to the Minister for a licence in respect of the same or other premises and the Minister shall consider the application in the same manner as the Minister would consider an application for a licence for the first time.
Rebate of licence fee on death
66(6)When a licence becomes void through the death of a licensee, the Minister may pay to the personal representative of the deceased licensee a proportionate part of the annual licence fee for the unexpired portion of the licence year and may allow a new licensee in respect of the same premises a credit on his licence fee, for that licence year, of the amount of the expired portion, and, pending the consideration of the application of a new licensee, may issue to him an interim licence for such period, additional to the period provided in subsection (4), as the Minister may in writing permit.
1961-62, c.3, s.63; 1971, c.43, s.7; 1972, c.43, s.5, 6; 1974, c.26(Supp.), s.3; 1985, c.57, s.8; 1992, c.90, s.43; 1999, c.30, s.6; 2002, c.33, s.3