Liquor Licensing Act 1990

Liquor Licensing Act 1990

[The long title Substituted by No. 9 of 2002, s. 4, Applied:15 Sep 2003] An Act to regulate the sale of liquor

[The long title Amended by No. 24 of 2004, s. 4, Applied:01 Jan 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

[Section 1 Amended by No. 24 of 2004, s. 5, Applied:01 Jan 2005] This Act may be cited as the Liquor Licensing Act 1990 .

2.   Commencement

The provisions of this Act commence on a day to be proclaimed.

3.   Interpretation

[Section 3 Amended by No. 73 of 1994, s. 4 ][Section 3 Amended by No. 60 of 1994, s. 7 ]In this Act, unless the contrary intention appears –[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] [Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] [Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

[Section 3 Amended by No. 40 of 2003, s. 4, Applied:15 Sep 2003] associate has a meaning given by section 3A ;

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008]

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] authorized officer – see section 209 ;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015]

club licence means a liquor licence referred to in section 10 ;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] Commission has the same meaning as in the Gaming Control Act 1993 ;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] Commissioner means the Commissioner for Licensing appointed under section 207 ;

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] false document includes a document that –

(a) has been forged; or

(b) has been fraudulently altered; or

(c) belongs to a person other than the person in possession of it;

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008]

general liquor exemption means a general liquor exemption published in accordance with section 16 ;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] hearing means a hearing under Division 2 of Part 5 ;

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

[Section 3 Amended by No. 75 of 1999, s. 4, Applied:24 Nov 1999] licence fee includes any supplementary or additional licence fee and any interest payable on any licence fee;

licensed premises means –

(a) premises specified in a liquor licence as premises on which liquor may be sold; and

(b) in respect of the holder of a liquor licence – the premises specified in the liquor licence –

and includes any part of those premises;

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] licensee means the holder of a liquor licence;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003]

liquor means a beverage (other than a medicine) that –

(a) is intended for human consumption; and

(b) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius;

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] liquor licence means a valid licence granted under this Act that authorizes the sale of liquor;

liquor permit means a permit that authorizes the sale of liquor;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] liquor restriction order means an order made by the Commissioner in accordance with section 39 ;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003]

obtained includes produced;

off-licence means a liquor licence referred to in section 9 ;

off-permit means a liquor permit referred to in section 14 ;

on-licence means a liquor licence referred to in section 8 ;

on-permit means a liquor permit referred to in section 13 ;

out-of-hours permit means a liquor permit referred to in section 12 ;

permit means a valid permit granted under this Act;

premises includes –

(a) land, whether or not covered by buildings; and

(b) any structure, whether or not attached to land; and

(c) a means of transport; and

(d) a part of premises;

records, in respect of a licensee, means the records kept by the licensee in accordance with this Act;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] restaurant means premises in which the principal activity is serving food for consumption on the premises;

sell means sell by wholesale or retail and includes –

(a) offer, display or expose for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) deal in or agree to sell; and

(e) supply, send, forward or deliver for sale or for or in expectation of receiving any payment or other consideration; and

(f) authorize, direct, cause, attempt or permit any act referred to in paragraphs (a) , (b) , (c) , (d) or (e) ;

special licence means a liquor licence referred to in section 11 ;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] Tasmanian wine means wine produced in Tasmania from fruit of which at least 85% is grown in Tasmania.

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

3A.   Meaning of "associate"

[Section 3A Inserted by No. 40 of 2003, s. 5, Applied:15 Sep 2003]

(1)  For the purposes of this Act, a person is taken to be an associate of an applicant for a liquor licence or of a licensee if the person –

(a) holds, or will hold, any relevant financial interest, or is, or will be, entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant or licensee and, by virtue of that interest or power, is able, or will be able, to exercise a significant influence over, or with respect to, the management or operation of that business; or

(b) holds, or will hold, any relevant position, whether in right of the person or on behalf of any other person, in the business of the applicant or licensee; or

(c) is a relative of the applicant or licensee.

(2)  In this section –

relative means a spouse (including a de facto spouse), parent, child or sibling (whether full blood or half-blood);

relevant financial interest, in respect of a business, means –

(a) any share in the capital of the business; or

(b) any entitlement to receive any income derived from the business;

relevant position, in respect of a business, means –

(a) the position of director, manager or other executive position or secretary, however that position is designated in that business; or

(b) if that business is conducted in premises in respect of which a liquor licence is in force, the licensee;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –

(a) to participate in a directorial, managerial or executive decision; or

(b) to elect or appoint any person to any relevant position.

4.   Act to bind Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Sale of liquor

Division 1 - Authorization to sell liquor

5.   Liquor not to be sold except as authorized

A person shall not sell liquor except as authorized by –

(a) a liquor licence; or

(b) a liquor permit; or

(c) a general liquor exemption.

Penalty:  Fine not exceeding 40 penalty units.

6.   Types of liquor licences and permits

The Commissioner may grant –

(a) the following liquor licences:

(i) a general licence;

(ii) an on-licence;

(iii) an off-licence;

(iv) a club licence;

(v) a special licence; and

(b) the following liquor permits:

(i) an out-of-hours permit;

(ii) an on-permit;

(iii) an off-permit;

(iv) a special permit.

7.   General licence

A general licence authorizes –

(a) the sale of liquor between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on or off those premises; and

(b) the sale of liquor at any time to a resident of the premises specified in the licence and any premises of which those premises form a part.

8.   On-licence

[Section 8 Substituted by No. 7 of 2008, s. 5, Applied:02 May 2008] An on-licence authorizes –

(a) the sale of liquor between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on those premises; and

(b) the sale of liquor at any time to –

(i) a resident of the premises specified in the licence for consumption on those premises; or

(ii) a resident of any premises of which the premises specified in the licence form a part for consumption on those premises.

9.   Off-licence

[Section 9 Substituted by No. 40 of 2003, s. 6, Applied:15 Sep 2003] An off-licence authorizes the sale of liquor between 5 a.m. and midnight, on any day on the premises specified in the licence, for consumption off those premises.

10.   Club licence

[Section 10 Substituted by No. 9 of 2002, s. 7, Applied:15 Sep 2003] A club licence –

(a) authorises the sale of liquor between 5a.m. and midnight on any day on the premises of the club specified in the licence to prescribed persons for consumption on or off those premises; and

(b) is subject to any conditions relating to record-keeping of membership and visitors to the club as specified in the licence.

11.   Special licence

A special licence authorizes the sale of liquor –

(a) between times; and

(b) on premises; and

(c) subject to compliance with any condition –

specified in the licence.

12.   Out-of-hours permit

An out-of-hours permit authorizes the sale of liquor –

(a) on the licensed premises; and

(b) between the times (being times after midnight and before 5 a.m. on any day); and

(c) subject to compliance with any condition –

specified in the permit.

13.   On-permit

An on-permit authorizes the sale of liquor –

(a) on premises (being premises specified in an off-licence); and

(b) between any times; and

(c) subject to compliance with any condition –

specified in the permit for consumption on those premises.

14.   Off-permit

An off-permit authorizes the sale of liquor –

(a) on premises (being premises specified in an on-licence); and

(b) between any times; and

(c) subject to compliance with any condition –

specified in the permit for consumption off those premises.

15.   Special permit

A special permit authorizes the sale of liquor –

(a) on premises; and

(b) between times; and

(c) subject to compliance with any condition –

specified in the permit.

16.   General liquor exemptions

(1)  [Section 16 Subsection (1) amended by No. 9 of 2015, s. 5, Applied:12 Aug 2015] If the Commissioner is of the opinion that–

(a) the sale of liquor in a particular manner; or

(b) the sale of a particular class of liquor–

should not require to be authorized by a liquor licence or a liquor permit, the Commissioner may, by notice in the Gazette, grant a general liquor exemption which authorizes the sale of liquor in that manner or the sale of that particular class of liquor.

(2)  A general liquor exemption shall –

(a) specify –

(i) the manner of sale of liquor; or

(ii) the class of liquor that may be sold –

that is authorized by the general exemption; and

(b) specify any condition to be complied with when liquor is sold in that manner or when that class of liquor is sold.

(3)  If a condition specified in a general liquor exemption in accordance with subsection (2) (b) is not complied with the general liquor exemption is not authorization to sell liquor as specified in the exemption.

17.   

[Section 17 Repealed by No. 9 of 2002, s. 8, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

18.   Sale of liquor on premises to be otherwise lawful

A liquor licence, a liquor permit or a general liquor exemption does not authorize liquor to be sold on premises if the use of those premises for that purpose is otherwise unlawful.

19.   Authorized opening hours may be extended generally on specific occasions, &c.

(1)  If, in respect of a specific event or occasion, the Commissioner considers it appropriate that the hours during which liquor is authorized to be sold on licensed premises by virtue of sections 7 (a) , 8 , 9 , 10 and 11 should generally be extended the Commissioner may, by notice in the Gazette, extend those hours.

(2)  A notice published in accordance with subsection (1) shall –

(a) specify –

(i) the event or occasion in respect of which the extension is granted; and

(ii) the hours during which the extension is to apply; and

(iii) any condition which is to be complied with during the period of the extension; and

(b) specify whether the extension applies –

(i) throughout the State or to a specified part of the State; and

(ii) to all licensed premises or to a specified class of licensed premises.

(3)  If a condition specified in a notice in accordance with subsection (2) (a) (iii) is not complied with the notice is not authorization to sell liquor during the period specified in the notice.

20.   Effect of suspension of liquor licence

(1)  A liquor licence that has been suspended in respect of all or any part of the premises specified in it is not authority for the sale of liquor on the premises or that part of the premises in respect of which the licence has been suspended during the period of suspension.

(2)  [Section 20 Subsection (2) omitted by No. 75 of 1999, s. 5, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

21.   Effect of failure to display liquor permit

A liquor permit is ineffective to authorize the sale of liquor on premises for the purpose of this Part unless it is displayed in a conspicuous position on the premises specified in it.

Division 2 - Liquor licences

22.   Qualifications for liquor licence

(1)  [Section 22 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] [Section 22 Subsection (1) amended by No. 40 of 2003, s. 7, Applied:15 Sep 2003] [Section 22 Subsection (1) substituted by No. 7 of 2008, s. 6, Applied:02 May 2008] A person is qualified to be granted a liquor licence if –

(a) he or she is a natural person who has attained the age of 18 years; and

(b) the Commissioner is satisfied that the person is a fit and proper person to be a licensee; and

(c) the Commissioner is satisfied that the person will be able to exercise effective control over the service, and any consumption, of liquor on the premises for which the licence is sought; and

(d) the person has successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor or has satisfied the Commissioner that the person has the necessary knowledge, experience and competency.

(1A)  [Section 22 Subsection (1A) inserted by No. 7 of 2008, s. 6, Applied:02 May 2008] However, a person is not qualified to be granted a liquor licence if the Commissioner reasonably suspects or believes that any associate of the person who is a natural person and likely to have any influence over the management of the business to be carried on under licence is not a fit and proper person to be an associate of a licensee.

(2)  [Section 22 Subsection (2) substituted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] For the purposes of this section, the Commissioner may take into account, having regard to the type of liquor licence applied for and the premises in respect of which it is sought, the knowledge, experience and competency of the applicant in respect of the service of liquor and the conduct and management of licensed premises.

(3)  [Section 22 Subsection (3) amended by No. 24 of 2004, s. 7, Applied:01 Jan 2005] [Section 22 Subsection (3) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] If it appears to the Commissioner that it is not practicable to require an applicant for a liquor licence to have successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor at the time when the licence is granted, the Commissioner may make the grant of the licence subject to a condition that the holder is to successfully complete the course or traineeship within such period as the Commissioner may direct.

(4)  [Section 22 Subsection (4) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] The Commissioner may, if satisfied that it is not contrary to the public interest to do so, exempt an applicant for a special licence from the requirement in subsection (1)(d) .

23.   Application for liquor licence

(1)  An application for a liquor licence shall –

(a) be made on a form approved or provided for the purpose by the Commissioner; and

(b) be accompanied by any prescribed application fee; and

(c) be made at least 28 days before the licence is to take effect, or such lesser period as the Commissioner may agree.

(2)  [Section 23 Subsection (2) amended by No. 7 of 2008, s. 7, Applied:02 May 2008] The Commissioner may require an applicant for a liquor licence to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises and information about any associates) as the Commissioner considers necessary for a proper consideration of the application.

(3)  [Section 23 Subsection (3) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] An applicant for a liquor licence is to give public notice of the application.

(4)  [Section 23 Subsection (4) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] A public notice is to –

(a) be in a form approved by the Commissioner; and

(b) contain a statement that representations in respect of the application may be made; and

(c) [Section 23 Subsection (4) amended by No. 24 of 2004, s. 8, Applied:01 Jan 2005] be placed in a prominent position on the premises in respect of which the liquor licence is sought, if the Commissioner so directs; and

(d) be published in a daily newspaper circulating in the area in which the premises are situated, if the Commissioner so directs.

(5)  [Section 23 Subsection (5) amended by No. 7 of 2008, s. 7, Applied:02 May 2008] [Section 23 Subsection (5) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] The Commissioner is to make available on request a copy of an application.

23A.   Representations relating to liquor licences

[Section 23A Inserted by No. 9 of 2002, s. 11, Applied:15 Sep 2003]

(1)  A person may make a written representation to the Commissioner in respect of an application for a liquor licence.

(2)  A representation is to be made within 14 days after whichever of the following is the later:

(a) a public notice is placed according to section 23(4)(c) ;

(b) a public notice is published in accordance with section 23(4)(d) .

(3)  [Section 23A Subsection (3) omitted by No. 9 of 2015, s. 6, Applied:12 Aug 2015] .  .  .  .  .  .  .  .  

24.   Consideration of application for liquor licence

(1)  After receiving an application for a liquor licence the Commissioner shall satisfy himself or herself that the applicant is qualified to hold the licence applied for.

(1A)  [Section 24 Subsection (1A) inserted by No. 7 of 2008, s. 8, Applied:02 May 2008] The Commissioner may make such inquiries regarding an application for a liquor licence as the Commissioner considers necessary or expedient for a proper consideration of the application.

(1B)  [Section 24 Subsection (1B) inserted by No. 7 of 2008, s. 8, Applied:02 May 2008] Without limiting the generality of subsections (1) and (1A) , the Commissioner may  –

(a) forward a copy of an application for a liquor licence to the Commissioner of Police; and

(b) request the Commissioner of Police to provide a report as to whether, in the opinion of the Commissioner of Police –

(i) the applicant is a fit and proper person to be a licensee; and

(ii) any associate of the applicant who is a natural person and likely to have any influence over the management of the business to be carried on under the licence is a fit and proper person to be an associate of a licensee.

(2)  [Section 24 Subsection (2) amended by No. 9 of 2002, s. 12, Applied:15 Sep 2003] [Section 24 Subsection (2) substituted by No. 9 of 2015, s. 7, Applied:12 Aug 2015] If the Commissioner is satisfied that an applicant for a liquor licence is qualified under section 22 to hold the licence, the Commissioner –

(a) is to consider the application; or

(b) if of the opinion it is in the best interests of the community to refer the application to the Commission, is to, within 30 days after public notice of the application is given under section 23(3) , refer the application and any representations made under section 23A to the Commission for a hearing.

(2A)  [Section 24 Subsection (2A) inserted by No. 9 of 2015, s. 7, Applied:12 Aug 2015] As soon as practicable after referring an application to the Commission under subsection (2) (b), the Commissioner is to provide the applicant with written notice of that referral.

(3)  [Section 24 Subsection (3) amended by No. 46 of 1991, s. 5 and Sched. 3 ]The Commissioner is not required to take any action in respect of an application for a liquor licence if –

(a) the prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 23 (2) have not been supplied.

(4)  [Section 24 Subsection (4) amended by No. 24 of 2004, s. 9, Applied:01 Jan 2005] If the Commissioner is not satisfied that the applicant is qualified to hold the liquor licence applied for the Commissioner shall–

(a) notify the applicant accordingly; and

(b) [Section 24 Subsection (4) amended by No. 9 of 2015, s. 7, Applied:12 Aug 2015] inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.

24A.   Requirements for licence

[Section 24A Inserted by No. 40 of 2003, s. 8, Applied:15 Sep 2003]

(1)  [Section 24A Subsection (1) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] [Section 24A Subsection (1) amended by No. 24 of 2004, s. 10, Applied:01 Jan 2005] In considering an application for a liquor licence, the Commissioner or the Commission must make a decision which, in the opinion of the Commissioner or the Commission, is in the best interests of the community.

(2)  [Section 24A Subsection (2) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] In considering an application for an off-licence, the Commissioner or the Commission must be satisfied that the principal activity to be carried on at the premises will be the sale of liquor.

(3)  [Section 24A Subsection (3) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] In considering an application for an on-licence for a restaurant, the Commissioner or the Commission must be satisfied that the premises are, or are intended to be, used as a restaurant.

25.   Grant of licence

[Section 25 Subsection (1) amended by No. 75 of 1999, s. 6, Applied:24 Nov 1999] [Section 25 Subsection (1) amended by No. 37 of 2004, s. 4, Applied:01 Jan 2005] [Section 25 Substituted by No. 9 of 2015, s. 9, Applied:12 Aug 2015]

(1)  If the Commissioner decides to grant a liquor licence, or the Commission directs the Commissioner to grant a liquor licence under section 214(1)(a)(i) , the Commissioner must –

(a) inform the applicant accordingly; and

(b) request the applicant to pay –

(i) any prescribed fee payable on the grant of a liquor licence; and

(ii) the annual liquor licence fee payable under section 26A .

(2)  The Commissioner must not grant a liquor licence until the fees specified in subsection (1) (b) have been paid.

25A.   Restriction on grant of licence in connection with supermarket

[Section 25A Inserted by No. 64 of 1995, s. 4 ][Section 25A Amended by No. 9 of 2015, s. 10, Applied:12 Aug 2015] A liquor licence must not be granted in connection with the activities of a supermarket.

26.   Duration of liquor licence

A liquor licence is valid from the date specified in it until it is terminated in accordance with this Act.

26A.   Annual liquor licence fees

[Section 26A Inserted by No. 37 of 2004, s. 5, Applied:01 Jan 2005]

(1)  The person to whom a liquor licence is to be granted must pay the prescribed annual liquor licence fee to the Commissioner on the grant of the licence.

(2)  A licensee must pay the prescribed annual liquor licence fee to the Commissioner on or before 31 March in each year.

(3)  The prescribed annual liquor licence fee relates to the period of 12 months starting on 1 January each year.

(4)  The Commissioner may reduce the prescribed annual liquor licence fee proportionately where a liquor licence is granted on a day other than 1 January.

(5)  Where a liquor licence is surrendered under section 30 , the Commissioner may refund a proportion of the prescribed annual liquor licence fee.

(6)  The Commissioner is to notify the holder of a liquor licence of the prescribed annual liquor licence fee payable in respect of the liquor licence.

(7)  If a licensee fails to pay the prescribed annual liquor licence fee payable under this section by 31 March in a particular year, the licensee is to pay an additional fee of 10% of the amount due for payment.

27.   Liquor licence not transferable without approval

(1)  A liquor licence cannot be transferred to another person without the approval of the Commissioner.

(2)  If an attempt is made to transfer the benefit of a liquor licence to another person without the approval of the Commissioner the licence is suspended with effect from the date of the attempted transfer.

(3)  The suspension of a liquor licence under subsection (2) ends if and when –

(a) the Commissioner approves a transfer of the licence; or

(b) the licensee informs the Commissioner that the attempted transfer has been rescinded.

28.   Application for transfer of liquor licence

An application for the transfer of a liquor licence shall –

(a) be made to the Commissioner on a form approved or provided for the purpose by the Commissioner; and

(b) be accompanied by any prescribed fee; and

(c) be made at least 28 days before the day on which the transfer is to take effect, or such lesser period as the Commissioner may agree.

29.   Decision of Commissioner on consideration of application to transfer a liquor licence

(1)  After considering an application for the transfer of a liquor licence, the Commissioner shall –

(a) approve the transfer; or

(b) refuse to approve the transfer –

and shall inform the applicant accordingly.

(2)  [Section 29 Subsection (2) amended by No. 9 of 2015, s. 11, Applied:12 Aug 2015] If the Commissioner refuses to approve the transfer of a liquor licence the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.

30.   Surrender of liquor licence

(1)  A liquor licence may be surrendered to the Commissioner at any time.

(2)  A surrender may relate to –

(a) all or any part of the licensed premises; or

(b) all or any of the activities authorized by the licence.

(3)  Where a surrender relates to –

(a) part of the licensed premises; or

(b) any of the activities authorized by the licence –

the Commissioner shall amend the liquor licence accordingly.

30A.   Interim authority to act as licensee

[Section 30A Inserted by No. 73 of 1994, s. 5 ]

(1)  In this section, absent licensee means a licensee who –

(a) [Section 30A Subsection (1) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 30A Subsection (1) amended by No. 24 of 2004, s. 11, Applied:01 Jan 2005] is unable or unwilling to continue exercising effective control over the sale and consumption of liquor on the licensed premises for the remainder of the term of the liquor licence; and

(b) is not exercising such control over the sale and consumption of liquor on those licensed premises.

(2)  A person may apply to the Commissioner for an authority to act as licensee of licensed premises if the holder of a general licence, on-licence, off-licence, club licence or special licence in respect of those licensed premises is an absent licensee.

(3)  An application is to be –

(a) in a form approved or provided by the Commissioner; and

(b) accompanied by any prescribed application fee.

(4)  The Commissioner may require an applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.

(5)  On receipt of an application, the Commissioner –

(a) may issue an authority to act as licensee to the applicant; or

(b) may refuse to issue such an authority to the applicant.

(6)  The Commissioner must not issue an authority to act as licensee to an applicant unless the Commissioner is satisfied that the applicant –

(a) [Section 30A Subsection (6) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is a natural person who has attained the age of 18 years; and

(b) [Section 30A Subsection (6) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] will be able to exercise effective control over the sale and consumption of liquor on the premises in respect of which the authority is sought.

(7)  On determining whether or not to issue an authority to act as licensee to an applicant, the Commissioner must notify the applicant, in writing, of that determination.

(8)  The Commissioner may cancel an authority to act as licensee at any time.

(9)  An authority to act as licensee has effect for the period commencing on the day specified in it and ending on the earlier of the following days:

(a) the day the liquor licence held by the absent licensee in respect of the premises to which the authority relates is transferred;

(b) the day the authority is cancelled.

(10)  Except for the purposes of sections 27 , 28 , 29 and 30 , during the term of an authority to act as licensee in respect of licensed premises –

(a) the holder of the authority is taken to be the holder of the liquor licence relating to those premises; and

(b) any permit in force in respect of the licensed premises immediately before the issue of the authority continues in force and the holder of the authority is taken to be the holder of the permit; and

(c) the person who, immediately before the issue of the authority, held that licence and any such permit is taken not to be the holder of that licence and any such permit.

(11)  The holder of an authority to act as licensee must display the authority in a conspicuous position near the principal public entrance to the licensed premises.

Division 3 - Liquor permits

31.   Qualifications for liquor permit

(1)  A person is not qualified to be granted a liquor permit unless the person is a natural person who –

(a) [Section 31 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] has attained the age of 18 years; and

(b) [Section 31 Subsection (1) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] has satisfied the Commissioner that the person will be able to exercise effective control over the sale and any consumption of liquor on the premises in respect of which the permit is sought.

(2)  An out-of-hours permit, an off-permit or an on-permit can only be held by the licensee of the licensed premises to which the permit relates.

32.   Application for liquor permit

(1)  An application for a liquor permit –

(a) shall be made on a form provided or approved for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed fee; and

(c) shall be made at least 7 days before the permit is to take effect, or such lesser period as the Commissioner may agree.

(2)  The Commissioner may require an applicant for a liquor permit to supply the Commissioner with such further particulars (including plans where relevant) as the Commissioner considers necessary for a proper consideration of the application.

33.   Consideration of application for liquor permit

(1)  After considering an application for a liquor permit the Commissioner shall –

(a) grant the permit; or

(b) refuse to grant the permit –

and shall inform the applicant accordingly.

(2)  [Section 33 Subsection (2) amended by No. 9 of 2015, s. 12, Applied:12 Aug 2015] If the Commissioner refuses to grant a liquor permit the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.

(3)  The Commissioner shall not grant a liquor permit unless the Commissioner is satisfied that the applicant is qualified to hold the permit.

(3A)  [Section 33 Subsection (3A) inserted by No. 7 of 2008, s. 9, Applied:02 May 2008] The Commissioner may make such inquiries regarding an application for a liquor permit as the Commissioner considers necessary or expedient for a proper consideration of the application.

(4)  The Commissioner is not required to take any action in respect of an application for a liquor permit if –

(a) any prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 32 (2) have not been supplied.

34.   Requirements for permits

[Section 34 Substituted by No. 40 of 2003, s. 9, Applied:15 Sep 2003]

(1)  In considering an application for a permit, the Commissioner must make a decision which, in his or her opinion, is in the best interests of the community.

(2)  The Commissioner must not grant an out-of-hours permit in respect of licensed premises unless the licensee satisfies the Commissioner that the sale of liquor on those premises in accordance with the permit sought would not –

(a) cause undue annoyance or disturbance to –

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) people conducting or attending religious services in the neighbourhood of the premises; or

(b) cause the occurrence of disorderly conduct –

(i) in the premises; or

(ii) in the neighbourhood of the premises.

35.   Duration of liquor permit

(1)  A liquor permit is valid during the period specified in it but may be terminated at any time in accordance with this Part.

(2)  An out-of-hours permit, an off-permit or an on-permit –

(a) [Section 35 Subsection (2) amended by No. 24 of 2004, s. 12, Applied:01 Jan 2005] is suspended if the liquor licence of the licensee to whom the permit was granted is suspended; and

(b) [Section 35 Subsection (2) amended by No. 24 of 2004, s. 12, Applied:01 Jan 2005] is cancelled if the liquor licence of the licensee to whom the permit was granted is cancelled.

(3)  While a permit is suspended it is not authority for the sale of liquor in accordance with the permit.

36.   Liquor permit not transferable

(1)  A liquor permit is not transferable.

(2)  If an attempt is made to transfer the benefit of a liquor permit the permit is cancelled with effect from the date of the attempted transfer.

37.   Cancellation of an on-permit, off-permit or special permit

(1)  The Commissioner may cancel an on-permit, an off-permit or a special permit at any time if the Commissioner is satisfied that it is in the interest of the community to do so.

(2)  The cancellation of a permit has effect when notice of the cancellation is served on the person to whom the permit was granted.

38.   Surrender of liquor permit

The holder of a liquor permit may surrender the permit to the Commissioner at any time.

Division 4 - Restrictions and controls on sale of liquor

39.   Liquor restriction orders

(1)  [Section 39 Subsection (1) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015] [Section 39 Subsection (1) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005] The Commissioner may, by order served on a licensee, prohibit or restrict all or any of the activities authorized to be carried on on the licensed premises under the authority of a liquor licence if the Commissioner is satisfied that it is necessary to do so on the grounds that–

(a) the use of the premises as authorized by the licence is causing undue annoyance or disturbance to–

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) people attending or in charge of people attending an educational establishment in the neighbourhood of the premises; or

(iv) people conducting or attending religious services in the neighbourhood of the premises; or

(b) to do so will reduce or avoid the occurrence of disorderly conduct–

(i) in the premises; or

(ii) in the neighbourhood of the premises.

(2)  An order under subsection (1) may –

(a) restrict generally the hours during which liquor is authorized to be sold or consumed on the licensed premises; or

(b) prohibit, restrict or impose conditions on the exercise of all or any of the activities authorized by the licence.

(3)  [Section 39 Subsection (3) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005] While an order made under subsection (1) is in effect in respect of premises the liquor licence granted in respect of those premises is not authority for–

(a) the sale of liquor during any hours specified in the order as hours when liquor is not authorized to be sold on the premises; or

(b) any activity authorized by the licence unless any conditions imposed on the exercise of that activity by the order are being observed.

(4)  [Section 39 Subsection (4) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order made under subsection (1) has effect for such period (not exceeding 1 year) as is specified in it but may be revoked at any time by the Commissioner.

(5)  [Section 39 Subsection (5) substituted by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order under subsection (1) may be made as a result of –

(a) an investigation carried out following complaints made to the Commissioner; or

(b) a report received from an authorized officer.

(6)  [Section 39 Subsection (6) inserted by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order under subsection (1) is to inform the licensee of the licensee's right to appeal to the Commission against the making of the order.

40.   Cancellation or variation of out-of-hours permit

(1)  [Section 40 Subsection (1) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] The Commissioner may cancel or vary an out-of-hours permit granted in respect of licensed premises if the Commissioner is satisfied that the sale of liquor on those premises between the times specified in the permit–

(a) is causing undue annoyance or disturbance to–

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) people conducting or attending religious services in the neighbourhood of the premises; or

(b) is causing the occurrence of disorderly conduct–

(i) in the premises; or

(ii) in the neighbourhood of the premises.

(1A)  [Section 40 Subsection (1A) inserted by No. 7 of 2008, s. 10, Applied:02 May 2008] The Commissioner may also cancel or vary an out-of-hours permit if satisfied that the holder of the permit has failed to comply with its conditions.

(2)  [Section 40 Subsection (2) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] The cancellation or variation of an out-of-hours permit has effect when notice of the cancellation or variation is served on the licensee.

(3)  [Section 40 Subsection (3) amended by No. 9 of 2015, s. 14, Applied:12 Aug 2015] [Section 40 Subsection (3) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] A notice of cancellation or variation shall inform the licensee of the licensee's right to appeal to the Commission against the cancellation or variation of the out-of-hours permit.

41.   Powers of Commissioner to suspend licence

(1)  If the Commissioner is satisfied that a licensee –

(a) has failed to comply with an obligation under Division 5 (obligations of licensees); or

(b) has been guilty of an offence under Division 6 (offences); or

(c) has allowed the licensed premises to be used so as to cause undue disturbance or annoyance to –

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) people attending a place of worship or a school in the neighbourhood of the premises; or

(iv) people lawfully on the premises –

the Commissioner may give the licensee a written notice requiring the licensee to comply with a direction specified in the notice.

(2)  [Section 41 Subsection (2) amended by No. 24 of 2004, s. 14, Applied:01 Jan 2005] If a licensee fails to comply with a direction specified in a notice given in accordance with subsection (1) the Commissioner may, by written notice served on the licensee, suspend the liquor licence of the licensee in respect of–

(a) the whole or any part of the premises; or

(b) all or any of the activities authorized by the licence to be carried on on the premises–

for such period, not exceeding 3 months, as the Commissioner considers appropriate.

(2A)  [Section 41 Subsection (2A) amended by No. 24 of 2004, s. 14, Applied:01 Jan 2005] [Section 41 Subsection (2A) inserted by No. 40 of 2003, s. 10, Applied:15 Sep 2003] [Section 41 Subsection (2A) substituted by No. 7 of 2008, s. 11, Applied:02 May 2008] The Commissioner, by written notice served on the licensee, may suspend a liquor licence for such period not exceeding 3 months as the Commissioner considers appropriate if reasonably satisfied that –

(a) the licensee is not, or is no longer, a fit and proper person to be a licensee; or

(b) an associate of the licensee who is a natural person with any influence in the management of the business carried on under the licence is not, or is no longer, a fit and proper person to be an associate of a licensee.

(2B)  [Section 41 Subsection (2B) inserted by No. 37 of 2004, s. 6, Applied:01 Jan 2005] If a licensee fails to pay the prescribed annual liquor licence fee payable under section 26A  –

(a) within one month of it becoming payable; or

(b) by any later date to which the Commissioner may agree –

the Commissioner may, by written notice served on the licensee, suspend the licence.

(3)  [Section 41 Subsection (3) amended by No. 9 of 2015, s. 15, Applied:12 Aug 2015] [Section 41 Subsection (3) amended by No. 37 of 2004, s. 6, Applied:01 Jan 2005] [Section 41 Subsection (3) amended by No. 40 of 2003, s. 10, Applied:15 Sep 2003] If the Commissioner gives notice under subsection (2) , (2A) or (2B) suspending a liquor licence the Commissioner shall, at the same time, inform the licensee of the licensee's right to appeal to the Commission against the suspension of the licence.

(4)  The suspension of a liquor licence under this section takes effect when notice of the suspension is served on the licensee or on such later date as is specified in the notice.

(5)  [Section 41 Subsection (5) amended by No. 37 of 2004, s. 6, Applied:01 Jan 2005] [Section 41 Subsection (5) amended by No. 40 of 2003, s. 10, Applied:15 Sep 2003] The Commissioner may revoke a suspension under subsection (2) , (2A) or (2B) at any time by notice served on the licensee.

(5A)  [Section 41 Subsection (5A) inserted by No. 37 of 2004, s. 6, Applied:01 Jan 2005] Unless sooner revoked by the Commissioner, a suspension under subsection (2B) remains in force until payment of the prescribed annual liquor licence fee and any penalties.

(6)  [Section 41 Subsection (6) amended by No. 9 of 2015, s. 15, Applied:12 Aug 2015] Without prejudice to a licensee's obligation to comply with a notice given in accordance with subsection (1) , the licensee may at any time appeal to the Commission against any requirement specified in the notice.

(7)  [Section 41 Subsection (7) amended by No. 9 of 2015, s. 15, Applied:12 Aug 2015] [Section 41 Subsection (7) amended by No. 24 of 2004, s. 14, Applied:01 Jan 2005] If an appeal under this section against the suspension of a liquor licence in respect of the whole or part of the licensed premises is received by the Commission it shall within 7 working days of receiving notice of the appeal under section 212 (1) sit to hear the appeal.

42.   Cancellation and suspension of licence

(1)  [Section 42 Subsection (1) amended by No. 9 of 2015, s. 16, Applied:12 Aug 2015] [Section 42 Subsection (1) amended by No. 24 of 2004, s. 15, Applied:01 Jan 2005] [Section 42 Subsection (1) amended by No. 73 of 1994, s. 6 ]The Commissioner may, by written notice served on the licensee, cancel a liquor licence, or suspend a liquor licence for such period as the Commissioner considers appropriate, if the Commissioner is satisfied that–

(a) the licensee is in prison serving a term of imprisonment; or

(b) during the immediately preceding 3 years a total of 3 offences have been committed in respect of the conduct of the licensed premises; or

(c) the licensee has been convicted of an offence, either in Tasmania or elsewhere, that makes it not in the public interest that the licensee should continue to hold a licence; or

(d) the licence has been suspended under or by virtue of this Part on 3 occasions; or

(e) [Section 42 Subsection (1) amended by No. 40 of 2003, s. 11, Applied:15 Sep 2003] the licensee can no longer exercise effective control over the sale or any consumption of liquor on all or any part of the licensed premises; or

(f) the licensee is no longer using or intending to use the licensed premises for all or any of the activities authorized by the licence; or

(fa) [Section 42 Subsection (1) amended by No. 9 of 2002, s. 14, Applied:15 Sep 2003] in the case of an on-licence granted in respect of premises operating as a restaurant, the licensee is no longer using the premises as a restaurant; or

(g) the licensee is no longer the owner or occupier of the licensed premises; or

(h) the licensee is no longer the agent of the owner or occupier of the licensed premises; or

(i) the licence was obtained by means of a false or misleading statement or by a failure to disclose relevant information; or

(j) in the case of a club licence–

(i) the rules or constitution of the club have been changed without the Commissioner's approval; or

(ii) the rules or constitution of the club are not being observed; or

(iii) [Section 42 Subsection (1) amended by No. 9 of 2002, s. 14, Applied:15 Sep 2003] the club has failed to comply with, or has contravened, any applicable regulations or condition specified in the licence; or

(iv) [Section 42 Subsection (1) amended by No. 9 of 2002, s. 14, Applied:15 Sep 2003] the principal activity of the club is the sale or consumption of liquor –

and, as a result, it is inappropriate that liquor should continue to be sold on the club's premises; or

(k) [Section 42 Subsection (1) amended by No. 40 of 2003, s. 11, Applied:15 Sep 2003] the area of the licensed premises has been altered without the Commissioner's approval; or

(l) [Section 42 Subsection (1) amended by No. 40 of 2003, s. 11, Applied:15 Sep 2003] [Section 42 Subsection (1) amended by No. 7 of 2008, s. 12, Applied:02 May 2008] the licensee is not, or is no longer, a fit and proper person to be a licensee; or

(m) [Section 42 Subsection (1) amended by No. 7 of 2008, s. 12, Applied:02 May 2008] an associate of the licensee who is a natural person with any influence in the management of the business carried on under the licence is not, or is no longer, a fit and proper person to be an associate of a licensee.

(2)  For the purpose of subsection (1) (b) , offences committed in respect of the conduct of the licensed premises means offences committed by the licensee or by people acting on behalf of the licensee under sections 5 (liquor sold otherwise than as authorized), 70 (1) (liquor sold to young people), 75 (young people having possession and control of liquor on licensed premises) and 78 (liquor sold to people appearing to be drunk).

(3)  [Section 42 Subsection (3) inserted by No. 9 of 2015, s. 16, Applied:12 Aug 2015] If the Commissioner gives notice under this section cancelling or suspending a liquor licence, the Commissioner is to, at the same time, inform the licensee of the licensee's right to appeal to the Commission against the cancellation or suspension of the licence.

(4)  [Section 42 Subsection (4) inserted by No. 9 of 2015, s. 16, Applied:12 Aug 2015] The cancellation or suspension of a liquor licence under this section takes effect when notice of the cancellation or suspension is served on the licensee, or on such later date as is specified in the notice.

(5)  [Section 42 Subsection (5) inserted by No. 9 of 2015, s. 16, Applied:12 Aug 2015] The Commissioner may revoke a suspension under this section at any time by notice served on the licensee.

(6)  [Section 42 Subsection (6) inserted by No. 9 of 2015, s. 16, Applied:12 Aug 2015] If an appeal under this section against the cancellation or suspension of a liquor licence is received by the Commission it is to, within 7 working days of receiving notice of the appeal under section 212 (1) , sit to hear the appeal.

43.   Conditions – liquor

Without prejudice to the generality of sections 11 (special licences), 12 (out-of-hours permits), 13 (on-permits), 14 (off-permits), 15 (special permits), 16 (general liquor exemptions) and 39 (liquor restriction orders), the conditions referred to in those sections may relate to all or any of the following:

(a) the type of liquor that may be sold;

(b) the quantity of liquor that may be sold either to each person, during a specified period, or in total;

(c) the containers in which liquor may be sold;

(d) the area of the premises on which liquor may be sold or consumed;

(e) the services to be provided while liquor is being sold or consumed;

(f) the entertainment to be provided while liquor is being sold or consumed;

(g) the staff to be employed both before and after the time that liquor is sold or consumed and during the time liquor is being sold or consumed, and the qualifications and duties of that staff;

(h) the measures to be taken to suppress or limit noise and disturbances.

44.   Variation of special licences by application

[Section 44 Subsection (1) amended by No. 73 of 1994, s. 7 ][Section 44 Repealed by No. 75 of 1999, s. 7, Applied:24 Nov 1999] [Section 44 Inserted by No. 7 of 2008, s. 13, Applied:02 May 2008]

(1)  The Commissioner may vary the conditions of a special licence on the application of the licensee.

(2)  The application must be –

(a) made on a form approved or provided for the purpose by the Commissioner; and

(b) accompanied by any prescribed application fee.

(3)  The Commissioner may require the applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.

(4)  After considering the application, the Commissioner is to –

(a) approve or refuse the variation; and

(b) inform the applicant accordingly.

(5)  [Section 44 Subsection (5) amended by No. 9 of 2015, s. 17, Applied:12 Aug 2015] In the case of a refusal, the Commissioner is also to inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.

45.   Variation of special licences by Commissioner

[Section 45 Repealed by No. 75 of 1999, s. 7, Applied:24 Nov 1999] [Section 45 Inserted by No. 7 of 2008, s. 13, Applied:02 May 2008]

(1)  The Commissioner, by written notice served on the licensee, may vary the conditions of a special licence on the Commissioner's own motion.

(2)  However, the Commissioner –

(a) [Section 45 Subsection (2) amended by No. 9 of 2015, s. 18, Applied:12 Aug 2015] is not to effect the variation without first consulting the licensee; and

(b) is to ensure that the licensee is given at least 14 days' notice of the variation unless satisfied that, because of special circumstances, the variation should be effected more urgently.

(3)  [Section 45 Subsection (3) amended by No. 9 of 2015, s. 18, Applied:12 Aug 2015] The notice under subsection (1) is to inform the licensee of the licensee's right to appeal to the Commission against the Commissioner's decision.

Division 5 - Obligations of licensees

46.   Licensee to retain control on sale and consumption of liquor

[Section 46 Amended by No. 40 of 2003, s. 12, Applied:15 Sep 2003] A licensee shall ensure that the business carried on on the licensed premises is carried on in such a way that the licensee can exercise effective control over the sale and any consumption of liquor on the premises.

46A.   Licensee to ensure responsible service of liquor

[Section 46A Inserted by No. 40 of 2003, s. 13, Applied:15 Sep 2003] [Section 46A Substituted by No. 7 of 2008, s. 14, Applied:02 May 2008]

(1)  A licensee must not allow a person to serve liquor on the licensed premises unless the person –

(a) has successfully completed an approved course; or

(b) has been an employee of the licensee for, in aggregate, less than 3 months and is –

(i) undertaking an approved course; or

(ii) formally enrolled in an approved course that is scheduled to start within 3 months from the day on which the person is permitted to serve the liquor.

(2)  To demonstrate compliance with subsection (1) , a licensee must –

(a) keep such records on the licensed premises as the Commissioner, by written notice served on the licensee, may from time to time require; and

(b) produce all or any those records to the Commissioner or an authorized officer on demand.

(3)  The Commissioner may exempt the holder of a special licence from the requirements of this section if satisfied that it is not against the public interest to do so.

(4)  In this section –

approved course means a course of instruction or training in the service of liquor, approved by the Commissioner;

employee includes a person engaged under a contract for services.

47.   Licensee not to alter area of licensed premises without approval

[Section 47 Substituted by No. 40 of 2003, s. 14, Applied:15 Sep 2003]

(1)  A licensee must not alter the area of the licensed premises without the Commissioner's approval.

(2)  The Commissioner is not to approve an alteration to the area of licensed premises unless he or she is satisfied that it is in the best interests of the community to do so.

48.   Licensee to notify Commissioner of alteration to designated area

[Section 48 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] [Section 48 Inserted by No. 7 of 2008, s. 15, Applied:02 May 2008] A licensee must –

(a) give the Commissioner written notice at least 30 days before altering the boundaries of an area designated under section 84(1) or (2) ; and

(b) give the Commissioner such information about the proposed alteration as the Commissioner may require.

49.   Licensee to comply with licensing conditions

[Section 49 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] [Section 49 Inserted by No. 7 of 2008, s. 15, Applied:02 May 2008] The holder of a liquor licence must comply with the conditions of that licence.

50.   

[Section 50 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

51.   

[Section 51 Repealed by No. 7 of 2008, s. 16, Applied:02 May 2008] .  .  .  .  .  .  .  .  

52.   

[Section 52 Amended by No. 24 of 2004, s. 16, Applied:01 Jan 2005] [Section 52 Repealed by No. 7 of 2008, s. 16, Applied:02 May 2008] .  .  .  .  .  .  .  .  

53.   Licence to be produced on demand

[Section 53 Amended by No. 24 of 2004, s. 17, Applied:01 Jan 2005] A licensee shall produce the licensee's liquor licence to a police officer or authorized officer when required to do so.

54.   Licence to be displayed

[Section 54 Substituted by No. 7 of 2008, s. 17, Applied:02 May 2008] A licensee must display the licensee's liquor licence in a conspicuous position on the licensed premises.

55.   Permits to be displayed on licensed premises

A licensee shall display in a conspicuous position on the licensed premises any liquor permit granted in respect of the premises.

56.   Liquor restriction order to be displayed on licensed premises

[Section 56 Amended by No. 9 of 2015, s. 19, Applied:12 Aug 2015] A licensee shall display in a conspicuous position on the licensed premises any liquor restriction order made by the Commissioner in respect of the premises or any part of the premises.

57.   

[Section 57 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008] .  .  .  .  .  .  .  .  

58.   

[Section 58 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008] .  .  .  .  .  .  .  .  

59.   

[Section 59 Substituted by No. 24 of 2004, s. 18, Applied:01 Jan 2005] [Section 59 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008] .  .  .  .  .  .  .  .  

60.   Licensee to display notice prohibiting or restricting entry of young people

[Section 60 Amended by No. 7 of 2008, s. 19, Applied:02 May 2008] A licensee shall ensure that there is displayed in a conspicuous position at each entrance to any part of the licensed premises designated in accordance with section 84 (1) or (2) (entry of young people prohibited or restricted) a notice provided or approved for that purpose by the Commissioner giving notice of the prohibition or restriction that applies in that part.

61.   Licensee to prohibit or restrict entry of young people to certain parts of licensed premises

A licensee shall ensure that a person under the age of 18 years does not –

(a) enter or remain on any part of the licensed premises designated under section 84 (1) ; or

(b) enter or remain on any part of the licensed premises designated under section 84 (2) except –

(i) to have a meal; or

(ii) in the company of a parent or guardian.

62.   Licensee to require certain people to leave licensed premises

A licensee shall require a person who –

(a) is acting in a violent, quarrelsome or disorderly manner; or

(b) is using disgusting, profane or foul language –

to leave the licensed premises.

63.   Liquor not to be consumed on off-licensed premises

[Section 63 Amended by No. 7 of 2008, s. 20, Applied:02 May 2008] The holder of an off-licence must not allow liquor purchased on the licensed premises to be consumed on those premises unless the consumption is authorized by an on-permit.

64.   Liquor not to be removed from on-licensed premises

[Section 64 Amended by No. 7 of 2008, s. 21, Applied:02 May 2008] The holder of an on-licence must not allow liquor purchased on the licensed premises to be taken off those premises to be consumed elsewhere unless consumption of the liquor off the premises is authorized by an off-permit.

65.   Licensee to restrict people on certain licensed premises outside authorized hours

(1)  [Section 65 Subsection (1) amended by No. 7 of 2008, s. 22, Applied:02 May 2008] [Section 65 Subsection (1) amended by No. 22 of 1994, s. 4 ]A licensee under a general licence or an on-licence must not allow a person to enter or remain on any part of the licensed premises where liquor is normally sold over a bar at any time between–

(a) [Section 65 Subsection (1) amended by No. 24 of 2004, s. 19, Applied:01 Jan 2005] 15 minutes after the time when the sale of liquor on the premises under the authority of a liquor licence or permit ceased; and

(b) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] [Section 65 Subsection (1) amended by No. 24 of 2004, s. 19, Applied:01 Jan 2005] the next time when liquor may be sold on the premises under the authority of a liquor licence or permit.

(c) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

(d) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

(2)  Subsection (1) does not apply to –

(a) the licensee; or

(b) a member of the licensee's family; or

(c) a resident of the licensed premises; or

(d) an employee of the licensee; or

(e) [Section 65 Subsection (2) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] a person required to be on the premises in the course of employment.

(f) [Section 65 Subsection (2) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

66.   Licensee to notify Commissioner of prolonged absence from licensed premises

(1)  [Section 66 Subsection (1) amended by No. 7 of 2008, s. 23, Applied:02 May 2008] [Section 66 Subsection (1) amended by No. 73 of 1994, s. 8 ]A licensee shall not be absent from the licensed premises for a period exceeding 14 days unless before the absence, the licensee gives the Commissioner written notice specifying–

(a) the period during which the licensee will be absent; and

(b) [Section 66 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] the name and address of the person who will be in charge of the premises during the licensee's absence, being a person who is 18 years of age or older.

(2)  Subsection (1) does not apply if liquor is not to be sold on the licensed premises during the licensee's absence.

(3)  In the case of an emergency absence by the licensee subsection (1) shall be taken to have been complied with if notice was given under that subsection at the earliest reasonable opportunity.

67.   Licensee not to hinder, &c., authorized officer

A licensee shall not –

(a) hinder an authorized officer carrying out the authorized officer's duties under this Part; or

(b) fail to comply with a reasonable requirement of an authorized officer made in accordance with this Part; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.

Division 6 - Offences

68.   

[Section 68 Repealed by No. 75 of 1999, s. 8, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

69.   False applications

A person shall not knowingly make a false or misleading statement in an application made for the purposes of this Part.

Penalty:  [Section 69 Amended by No. 7 of 2008, s. 24, Applied:02 May 2008] Fine not exceeding 50 penalty units.

70.   Liquor not to be sold to young people

(1)  A person shall not sell liquor to a person under the age of 18 years.

Penalty:  [Section 70 Subsection (1) amended by No. 7 of 2008, s. 25, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2)  A licensee is guilty of an offence if a person authorized by the licensee to sell liquor on the licensed premises sells liquor to a person under the age of 18 years.

Penalty:  [Section 70 Subsection (2) amended by No. 7 of 2008, s. 25, Applied:02 May 2008] Fine not exceeding 100 penalty units.

71.   Liquor not to be supplied to young people on licensed premises, &c.

A person shall not supply liquor to a person under the age of 18 years on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:  [Section 71 Amended by No. 7 of 2008, s. 26, Applied:02 May 2008] Fine not exceeding 50 penalty units.

72.   Young person not to enter, &c., certain parts of licensed premises, &c.

(1)  Subject to subsection (3) , a person under the age of 18 years shall not enter or remain on any part of licensed premises designated in accordance with section 84 (1) where a notice specifying the prohibition is displayed in accordance with section 60 .

Penalty:  [Section 72 Subsection (1) amended by No. 7 of 2008, s. 27, Applied:02 May 2008] Fine not exceeding 20 penalty units.

(2)  Subject to subsection (3) , a person under the age of 18 years shall not enter or remain on any part of licensed premises designated in accordance with section 84 (2) where a notice specifying the prohibition is displayed in accordance with section 60 except –

(a) to have a meal; or

(b) in the company of a parent or guardian.

Penalty:  [Section 72 Subsection (2) amended by No. 7 of 2008, s. 27, Applied:02 May 2008] Fine not exceeding 20 penalty units.

(3)  Subsections (1) and (2) do not apply to a person working on the licensed premises.

72A.   Young person not to produce false evidence of identity

[Section 72A Inserted by No. 7 of 2008, s. 28, Applied:02 May 2008] A person under the age of 18 years must not use a false document in order to do, or attempt to do, anything that a person under that age is prohibited from doing by or under this Act.

Penalty:  Fine not exceeding 10 penalty units.

73.   Liquor not to be purchased by young people

A person under the age of 18 years shall not purchase liquor.

Penalty:  Fine not exceeding 10 penalty units.

74.   Young person not to be sent to obtain liquor

A person shall not send a person under the age of 18 years –

(a) to purchase liquor; or

(b) to collect liquor from –

(i) licensed premises; or

(ii) premises specified in a special permit.

Penalty:  [Section 74 Amended by No. 7 of 2008, s. 29, Applied:02 May 2008] Fine not exceeding 50 penalty units.

75.   Young person not to be given possession or charge of liquor on licensed premises, &c.

(1)  A licensee or a person acting on behalf of the licensee shall not give to a person under the age of 18 years possession or control of liquor on the licensed premises or allow a person under the age of 18 years to have or retain possession or control of liquor on the licensed premises.

Penalty:  [Section 75 Subsection (1) amended by No. 7 of 2008, s. 30, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2)  Subsection (1) does not apply in respect of a person under the age of 18 years who –

(a) has possession or charge of liquor in the course of work; and

(b) [Section 75 Subsection (2) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is working under the direct and personal supervision of a person who has attained the age of 18 years.

76.   Young person not to consume liquor on licensed premises, &c.

A person under the age of 18 years shall not consume liquor on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:  Fine not exceeding 10 penalty units.

77.   Young person not to have possession or control of liquor on licensed premises, &c.

(1)  A person under the age of 18 years shall not have possession or control of liquor on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Subsection (1) does not apply in respect of a person who –

(a) has possession or charge of liquor in the course of work; and

(b) [Section 77 Subsection (2) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is working under the direct and personal supervision of a person who has attained the age of 18 years.

78.   Liquor not to be sold to people appearing to be drunk

[Section 78 Substituted by No. 7 of 2008, s. 31, Applied:02 May 2008]

(1)  A person must not sell liquor to a person who appears to be drunk.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A licensee is guilty of an offence if a person authorized by the licensee to sell liquor on the licensed premises sells liquor to a person who appears to be drunk.

Penalty:  Fine not exceeding 100 penalty units.

79.   Liquor not to be supplied on licensed premises, &c., to people appearing to be drunk

A person shall not supply liquor to a person who appears to be drunk on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:  [Section 79 Amended by No. 7 of 2008, s. 32, Applied:02 May 2008] Fine not exceeding 50 penalty units.

79A.   Licensee to prevent offences on licensed premises

[Section 79A Inserted by No. 73 of 1994, s. 9 ]A licensee who knows or has reason to believe that an offence under this or any other Act is being, or is about to be, committed on the licensed premises must take reasonable action to prevent the commission of the offence.

Penalty:  [Section 79A Amended by No. 7 of 2008, s. 33, Applied:02 May 2008] Fine not exceeding 100 penalty units.

80.   Person to leave licensed premises when requested to do so, &c.

(1)  A person shall leave licensed premises when required to do so by –

(a) the licensee or a person acting with the authority of the licensee; or

(b) a police officer –

acting in accordance with this Act.

Penalty:  [Section 80 Subsection (1) amended by No. 7 of 2008, s. 34, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2)  A person who –

(a) has left licensed premises in compliance with subsection (1) ; or

(b) has been removed from licensed premises by a police officer acting in accordance with this Act –

shall not re-enter or attempt to re-enter those premises within the period of 24 hours immediately after leaving or being removed from the premises.

Penalty:  [Section 80 Subsection (2) amended by No. 7 of 2008, s. 34, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(3)  [Section 80 Subsection (3) inserted by No. 73 of 1994, s. 10 ]A police officer may –

(a) arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (2) ; and

(b) use such reasonable force as may be necessary to remove from licensed premises a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (2) .

80A.   Person to leave special permit premises when required to do so, &c.

[Section 80A Inserted by No. 73 of 1994, s. 11 ]

(1)  A person who has been required under this Part to leave premises specified in a special permit –

(a) must leave those premises when required to do so; and

(b) must not re-enter or attempt to re-enter those premises during the period of 24 hours after the person so left those premises or was removed from those premises under subsection (2) .

Penalty:  [Section 80A Subsection (1) amended by No. 7 of 2008, s. 35, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2)  A police officer may –

(a) arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) ; and

(b) use such reasonable force as may be necessary to remove from premises specified in a special permit a person whom the police officer reasonably relieves is committing, or has committed, an offence under subsection (1) .

81.   Special permits to be displayed

The holder of a special permit shall display the permit in a conspicuous position on the premises specified in the permit during the time liquor may be sold on those premises under the authority of the permit.

Penalty:  [Section 81 Amended by No. 7 of 2008, s. 36, Applied:02 May 2008] Fine not exceeding 50 penalty units.

82.   Authorized officer not to be hindered, &c.

[Section 82 Amended by No. 73 of 1994, s. 12 ]A person must not, without reasonable excuse –

(a) hinder an authorized officer carrying out the authorized officer's duties under this Part; or

(b) fail to comply with any requirement of an authorized officer made in accordance with this Part; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.

Penalty:  [Section 82 Amended by No. 7 of 2008, s. 37, Applied:02 May 2008] Fine not exceeding 100 penalty units.

83.   Name, address and date of birth to be given to police if lawfully requested

A person shall give the person's name, address and date of birth if required to do so by a police officer acting in accordance with this Part.

Penalty:  [Section 83 Amended by No. 7 of 2008, s. 38, Applied:02 May 2008] Fine not exceeding 50 penalty units.

Division 7 - [Part 2, Div. 7 Heading amended by No. 73 of 1994, s. 13 ]Administration of licensed and special permit premises

84.   Areas of licensed premises may be designated to prohibit or restrict entry, &c., of young people

(1)  The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain.

(2)  The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain except –

(a) to have a meal; or

(b) in the company of a parent or guardian.

(3)  The designation of an area under subsection (1) or (2) may be limited to apply between specified times.

(4)  An area may be designated under both subsections (1) and (2) if the designations apply at different times.

(5)  A designation under subsection (1) or (2) may apply to the whole of the licensed premises.

(6)  The Commissioner shall notify the licensee when an area of the licensed premises has been designated under subsection (1) or (2) and shall specify in the notice –

(a) the type of designation; and

(b) the area so designated; and

(c) if the designation applies between specified times – the times between which the designation applies.

85.   Routine inspections

(1)  An authorized officer may, at any time enter and inspect –

(a) licensed premises; and

(b) any other premises –

(i) belonging to the licensee; or

(ii) under the licensee's control –

which are provided for the use of patrons of the licensed premises.

(2)  [Section 85 Subsection (2) omitted by No. 75 of 1999, s. 9, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

(3)  [Section 85 Subsection (3) omitted by No. 75 of 1999, s. 9, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

86.   Powers of authorized officer

[Section 86 Substituted by No. 73 of 1994, s. 14 ]

(1)  For the purposes of this Part, an authorized officer may require a person, by written notice served on the person, to provide the officer within the period specified in the notice with a statement containing such particulars relating to dealing with liquor as are specified in the notice.

(2)  For the purposes of this Part, an authorized officer may, without warrant and with such assistants as he or she considers appropriate –

(a) at any time during which liquor may be sold on premises specified in a special permit, enter and remain on those premises; and

(b) at any reasonable time, enter and remain on licensed premises; and

(c) at any reasonable time, enter and remain on any premises (other than any premises used as a residence) which the authorized officer has reason to suspect is being, or has been, used for the purpose of –

(i) carrying on the business of selling liquor; or

(ii) storing liquor or records or other documents in connection with the business of selling liquor.

(3)  For the purposes of this Part, an authorized officer may, with the authority of a warrant issued under subsection (5) and with such assistants as he or she considers appropriate –

(a) use such reasonable force as is necessary to enter and remain in any premises specified in subsection (2) at the relevant time so specified; or

(b) using such reasonable force as is necessary, at any reasonable time enter and remain in any premises used as a residence.

(4)  In any premises lawfully entered, an authorized officer may do any one or more of the following:

(a) inspect the premises;

(b) search for, examine, take possession of, make copies of, take extracts from or secure against interference any records or other documents relating to the purchase, other obtaining, sale or other disposal of liquor;

(c) search for, examine, take possession of or secure against interference any liquor that –

(i) [Section 86 Subsection (4) amended by No. 75 of 1999, s. 10, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

(ii) may be evidence of a contravention of this Part, a liquor licence, a liquor permit, a liquor restriction order or a condition of a liquor licence, liquor permit or liquor restriction order;

(d) if it is necessary to do so, break open and search anything on the premises in which such records or other documents or liquor may be stored or concealed;

(e) require any person on the premises to produce any such record or other document;

(f) require a person on the premises to answer a question relevant to any of the following matters if the officer reasonably suspects that the person has the knowledge necessary to answer it:

(i) [Section 86 Subsection (4) amended by No. 75 of 1999, s. 10, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

(ii) the contravention of a liquor licence, liquor permit, liquor restriction order or condition of such a licence, permit or order;

(g) seize anything which the authorized officer believes appears to indicate that an offence under this Act has been, or is being, committed;

(h) require any person on the premises to provide his or her name and address.

(5)  On the application of an authorized officer, a magistrate or justice may issue a warrant to the authorized officer named in the warrant authorizing the authorized officer to use such force as is reasonably necessary to enter and remain in any premises specified in subsection (2) or to enter and remain in any premises used as a residence, using such force as is necessary, if the magistrate or justice is satisfied that there are reasonable grounds for believing it necessary for the officer –

(a) to use such force to enter any premises specified in subsection (2) ; or

(b) [Section 86 Subsection (5) amended by No. 7 of 2008, s. 39, Applied:02 May 2008] to enter any premises used as a residence, using such reasonable force as is necessary, for the purpose of exercising or performing his or her powers or duties under this Act.

(6)  A warrant is to specify the premises in respect of which it is issued.

(7)  If a record or other document is obtained by an authorized officer by the exercise of powers under this section, that record or other document, evidence of that record or other document or evidence of the obtaining of that record or other document is not admissible against any person in any civil or criminal proceedings, other than proceedings for an offence under this Act or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

(8)  A person is not required to answer a question under subsection (4) (f) if to do so would incriminate the person.

(9)  Any information provided by a person in response to a question asked under subsection (4) (f) is not admissible against the person in any civil or criminal proceedings, other than proceedings for an offence under section 82 or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

(10)  Nothing done under this section in relation to a document or liquor prejudices a lien on that document or liquor.

87.   Possession of document or other thing by authorized officer

[Section 87 Substituted by No. 73 of 1994, s. 14 ]

(1)  If an authorized officer has possession of any record, other document or other thing for the purposes of this Act, the authorized officer –

(a) must, as soon as practicable, give a receipt to the apparent owner of that record, other document or other thing or the person who delivered it to the officer or from whose possession it was taken; and

(b) may retain the record, other document or other thing for so long as is necessary for those purposes.

(2)  If any person otherwise entitled to possession of a record or other document retained by an authorized officer so requests the Commissioner in writing, the Commissioner must provide to the person as soon as practicable a copy of the record of other document that the Commissioner has certified to be a true copy.

88.   

[Section 88 Repealed by No. 73 of 1994, s. 14 ].  .  .  .  .  .  .  .  

89.   Police may enter licensed premises

A police officer may enter –

(a) licensed premises at any time; or

(b) premises specified in a special permit during the time liquor may be sold on those premises under the authority of the permit –

to ascertain if this Part is being complied with.

90.   Police may enter premises on reasonable suspicion

A police officer who has reasonable grounds for believing that liquor is being sold on premises contrary to this Part may enter those premises.

91.   Police power to use force to gain entry

A police officer entering premises in accordance with this Part may –

(a) if entry to the premises is barred – use such force as is reasonably necessary to gain entry to the premises; and

(b) be accompanied by as many other people as the officer reasonably considers to be necessary.

92.   Police may request name, address and date of birth if offence suspected

(1)  If a police officer has reasonable grounds for believing that a person has committed or is committing an offence under this Act the officer may require that person to give the person's name, address and date of birth.

(2)  If a police officer, acting in accordance with subsection (1) has requested a person to give the person's name, address or date of birth, the officer may arrest, without warrant, that person if –

(a) that person refuses to give the person's name, address or date of birth; or

(b) the police officer reasonably believes any name, address or date of birth given by that person is false.

92A.   Power to seize false identity documents

[Section 92A Inserted by No. 7 of 2008, s. 40, Applied:02 May 2008]

(1)  This section applies if –

(a) a person produces a document to a responsible entity in evidence of the person's age or identity for the purposes of this Act; and

(b) the responsible entity reasonably suspects that the document is a false document.

(2)  The responsible entity may seize the document.

(3)  If the responsible entity seizes the document and he or she is not a police officer, he or she must –

(a) give the document to a police officer within 72 hours after the time of seizure together with a written notice specifying at least the following:

(i) the time and date of seizure;

(ii) the place of seizure;

(iii) the nature of the reasonable suspicion that prompted the seizure;

(iv) the responsible entity's name and address; and

(b) give any police officer such information concerning the seizure of the document as the police officer may require.

Penalty:  Fine not exceeding 10 penalty units.

(4)  The following provisions apply to the seized document:

(a) a police officer may dispose of it in such manner as the Commissioner of Police thinks fit if the police officer is satisfied that it is a false document;

(b) a police officer may return it to the person from whom it was seized if, after making enquiries, the police officer is satisfied that it is in fact the authentic property of that person;

(c) a police officer may return it to a person other than the person from whom it was seized if, after making enquiries, the police officer is satisfied that it is the authentic property of that other person and that the other person is not responsible for any fraudulent use made, or attempted to be made, of the document.

(5)  In this section –

responsible entity means –

(a) a licensee; or

(b) an employee of a licensee whose duties as such employee include the sale or service of liquor; or

(c) a crowd controller, within the meaning of the Security and Investigations Agents Act 2002 , performing crowd control duties for or on behalf of a licensee; or

(d) a police officer.

93.   Power to restrict entry to licensed or special permit premises

(1)  A licensee or a person acting with the authority of the licensee may –

(a) prohibit the entry of any person onto the licensed premises; or

(b) require a person to leave the licensed premises.

(2)  Subsection (1) does not apply to a person authorized by law to be on the licensed premises without the licensee's consent.

(3)  [Section 93 Subsection (3) inserted by No. 73 of 1994, s. 15 ]The holder of a special permit or a person acting with the authority of that holder may –

(a) prohibit the entry of any person onto the premises specified in the special permit; or

(b) require a person to leave such premises.

(4)  Subsection (3) does not apply to a person authorized by law to be on the premises specified in the special permit without the consent of the holder of the special permit.

94.   Power of police to require people to leave licensed or special permit premises

(1)  [Section 94 Subsection (1) amended by No. 73 of 1994, s. 16 ]A police officer may require a person –

(a) the police officer reasonably believes is on licensed premises contrary to this Part or on premises specified in a special permit contrary to that permit; or

(b) whose entry onto licensed premises has lawfully been prohibited by or on behalf of the licensee; or

(ba) whose entry onto premises specified in a special permit has been prohibited in accordance with this Part; or

(c) who has lawfully been required by the licensee or a person acting with the authority of the licensee to leave licensed premises; or

(d) who has been required, in accordance with this Part, to leave premises specified in a special permit –

to leave those premises.

(2)  [Section 94 Subsection (2) amended by No. 73 of 1994, s. 16 ]A police officer may –

(a) arrest without warrant a person who refuses to comply with a requirement made in accordance with subsection (1) ; and

(b) use such reasonable force as may be necessary to remove from licensed premises or premises specified in a special permit a person who refuses to comply with a requirement made in accordance with subsection (1) .

95.   Police may seize liquor in certain circumstances

(1)  A police officer may seize liquor and its container if the officer reasonably believes the liquor –

(a) is being kept for sale; or

(b) has been sold; or

(c) is to be consumed –

contrary to this Part.

(2)  For the purposes of subsection (1) a police officer may open a container the officer reasonably believes to contain liquor and may sample its contents.

96.   Liquor may be forfeited

(1)  If –

(a) a police officer has seized liquor in accordance with this Part; and

(b) a person is subsequently convicted of an offence under this Part in respect of that liquor –

the court that convicted the person may order that the liquor and its container be forfeited to the Crown.

(2)  Liquor forfeited shall be disposed of in such manner as the Commissioner determines, and any proceeds shall be paid into the Consolidated Fund.

97.   Disposal of seized liquor

(1)  If –

(a) a police officer has seized liquor in accordance with this Part; and

(b) subsequent to the seizure –

(i) no proceedings are instituted within a reasonable time for an offence for which the liquor may be forfeited; or

(ii) proceedings are instituted for an offence for which the liquor may be forfeited but no order for its forfeiture is made –

a magistrate may order that the liquor be given to a person the magistrate is satisfied has a right to its possession.

(2)  If no order is made the Commissioner may dispose of the liquor in such manner as is considered most appropriate, and pay any proceeds into the Consolidated Fund.

Division 8 - .  .  .  .  .  .  .  .  

[Division 8 of Part 2 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999]

98.   

[Section 98 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

99.   

[Section 99 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

100.   

[Section 100 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

101.   

[Section 101 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

102.   

[Section 102 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

103.   

[Section 103 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] .  .  .  .  .  .  .  .  

PART 3 - .  .  .  .  .  .  .  .  

[Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

Division 1 - .  .  .  .  .  .  .  .  

[Division 1 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

104.   

[Section 104 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

105.   

[Section 105 Substituted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

105A.   

[Section 105A Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105A Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

105B.   

[Section 105B Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105B Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

105C.   

[Section 105C Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105C Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

105D.   

[Section 105D Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105D Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

105E.   

[Section 105E Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105E Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

105F.   

[Section 105F Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105F Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

106.   

[Section 106 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

107.   

[Section 107 Subsection (1) amended by No. 9 of 2002, s. 16, Applied:15 Sep 2003] [Section 107 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

108.   

[Section 108 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

109.   

[Section 109 Subsection (1) amended by No. 57 of 1996, s. 55 and Sched. 5 ][Section 109 Subsection (1) amended by No. 9 of 2002, s. 17, Applied:15 Sep 2003] [Section 109 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

110.   

[Section 110 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

111.   

[Section 111 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

112.   

[Section 112 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

113.   

[Section 113 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

114.   

[Section 114 Amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 114 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

115.   

[Section 115 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

116.   

[Section 116 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

117.   

[Section 117 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

118.   

[Section 118 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

119.   

[Section 119 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

120.   

[Section 120 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

121.   

[Section 121 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

122.   

[Section 122 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

123.   

[Section 123 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 3 - .  .  .  .  .  .  .  .  

[Division 3 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

124.   

[Section 124 Amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 124 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

125.   

[Section 125 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

126.   

[Section 126 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

127.   

[Section 127 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

128.   

[Section 128 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

129.   

[Section 129 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

130.   

[Section 130 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 4 - .  .  .  .  .  .  .  .  

[Division 4 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

131.   

[Section 131 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

132.   

[Section 132 Subsection (1) amended by No. 40 of 2003, s. 17, Applied:15 Sep 2003] [Section 132 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

133.   

[Section 133 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 5 - .  .  .  .  .  .  .  .  

[Division 5 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

134.   

[Section 134 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

135.   

[Section 135 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

136.   

[Section 136 Amended by No. 40 of 2003, s. 18, Applied:15 Sep 2003] [Section 136 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

137.   

[Section 137 Amended by No. 40 of 2003, s. 19, Applied:15 Sep 2003] [Section 137 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

138.   

[Section 138 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

139.   

[Section 139 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

140.   

[Section 140 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

141.   

[Section 141 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

142.   

[Section 142 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

143.   

[Section 143 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

144.   

[Section 144 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

145.   

[Section 145 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

146.   

[Section 146 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 6 - .  .  .  .  .  .  .  .  

[Division 6 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

147.   

[Section 147 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

148.   

[Section 148 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

149.   

[Section 149 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

150.   

[Section 150 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

151.   

[Section 151 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

152.   

[Section 152 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 7 - .  .  .  .  .  .  .  .  

[Division 7 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

153.   

[Section 153 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

154.   

[Section 154 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

155.   

[Section 155 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 8 - .  .  .  .  .  .  .  .  

[Division 8 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

156.   

[Section 156 Subsection (3) inserted by No. 9 of 2002, s. 18, Applied:15 Sep 2003] [Section 156 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

157.   

[Section 157 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

158.   

[Section 158 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

Division 9 - .  .  .  .  .  .  .  .  

[Part 3, Div. 9  Inserted by No. 81 of 1993, s. 4 ][Division 9 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

158A.   

[Section 158A Inserted by No. 81 of 1993, s. 4 ][Section 158A Subsection (1) amended by No. 9 of 2002, s. 19, Applied:15 Sep 2003] [Section 158A Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

PART 4 - .  .  .  .  .  .  .  .  

[Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

Division 1 - .  .  .  .  .  .  .  .  

[Division 1 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

159.   

[Section 159 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

160.   

[Section 160 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

161.   

[Section 161 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

162.   

[Section 162 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

163.   

[Section 163 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

164.   

[Section 164 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

165.   

[Section 165 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

166.   

[Section 166 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

167.   

[Section 167 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

168.   

[Section 168 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

169.   

[Section 169 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

170.   

[Section 170 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 3 - .  .  .  .  .  .  .  .  

[Division 3 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

171.   

[Section 171 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

172.   

[Section 172 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

173.   

[Section 173 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

174.   

[Section 174 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

175.   

[Section 175 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

176.   

[Section 176 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

177.   

[Section 177 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 4 - .  .  .  .  .  .  .  .  

[Division 4 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

178.   

[Section 178 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

179.   

[Section 179 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

180.   

[Section 180 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 5 - .  .  .  .  .  .  .  .  

[Division 5 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

181.   

[Section 181 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

182.   

[Section 182 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 6 - .  .  .  .  .  .  .  .  

[Division 6 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

183.   

[Section 183 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

184.   

[Section 184 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

185.   

[Section 185 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

186.   

[Section 186 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

187.   

[Section 187 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

188.   

[Section 188 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

189.   

[Section 189 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

190.   

[Section 190 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

191.   

[Section 191 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

192.   

[Section 192 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

193.   

[Section 193 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 7 - .  .  .  .  .  .  .  .  

[Division 7 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

194.   

[Section 194 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

195.   

[Section 195 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

196.   

[Section 196 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

197.   

[Section 197 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

198.   

[Section 198 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

199.   

[Section 199 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 8 - .  .  .  .  .  .  .  .  

[Division 8 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

200.   

[Section 200 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

201.   

[Section 201 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

202.   

[Section 202 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

Division 9 - .  .  .  .  .  .  .  .  

[Division 9 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]

203.   

[Section 203 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

204.   

[Section 204 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

205.   

[Section 205 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

PART 5 - Administration

Division 1 - Administrative structure

206.   

[Section 206 Subsection (2) amended by No. 40 of 2003, s. 20, Applied:15 Sep 2003] [Section 206 Subsection (3) omitted by No. 7 of 2008, s. 41, Applied:02 May 2008] [Section 206 Subsection (7) amended by No. 40 of 2003, s. 20, Applied:15 Sep 2003] [Section 206 Repealed by No. 9 of 2015, s. 20, Applied:12 Aug 2015] .  .  .  .  .  .  .  .  

207.   Commissioner for Licensing

[Section 207 Subsection (1) substituted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (1A) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (6) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 207 Subsection (7) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 207 Subsection (7) substituted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (8) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (8) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (8A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (9) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (10) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (10) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (11) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Substituted by No. 7 of 2008, s. 42, Applied:02 May 2008]

(1)  The Minister may appoint a State Service officer or State Service employee to be Commissioner for Licensing and that officer or employee holds that office in conjunction with State Service employment.

(2)  The Commissioner –

(a) has such powers and duties as are conferred on the Commissioner by this or any other Act; and

(b) may do all things necessary or convenient to be done for or in connection with the exercise and performance of those powers and duties.

(3)  Without limiting the generality of subsection (2)(b) , the Commissioner may carry out enquiries into persons who are associates or prospective associates of licensees.

208.   Delegation by Commissioner

[Section 208 Substituted by No. 7 of 2008, s. 42, Applied:02 May 2008] The Commissioner may delegate to another person any of the Commissioner's powers or duties under this Act other than –

(a) this power of delegation; and

(b) the Commissioner's powers under section 209 .

209.   Authorized officers

[Section 209 Subsection (2) amended by No. 73 of 1994, s. 18 ][Section 209 Substituted by No. 7 of 2008, s. 42, Applied:02 May 2008]

(1)  The Commissioner may appoint a State Service officer or State Service employee employed in the Department to be an authorized officer for the purposes of this Act and that officer or employee may hold that office in conjunction with State Service employment.

(2)  The Commissioner, with the consent of a Head of a State Service Agency other than the Department, may appoint a State Service officer or State Service employee employed in that Agency to be an authorized officer for the purposes of this Act and that officer or employee may hold that office in conjunction with State Service employment.

(3)  The Commissioner may authorise a person who is not a State Service officer or State Service employee to exercise the powers or perform the duties of an authorized officer for the purposes of this Act.

(4)  An appointment or authorisation under this section may be –

(a) unrestricted; or

(b) restricted in such ways, whether as to the range of powers and duties that may be exercised and performed or otherwise, as are specified in the instrument of appointment or authorisation.

(5)  Any power or duty that may be exercised or performed under this Act by an authorized officer may be exercised or performed by the Commissioner.

210.   Authorized officer to produce authority

An authorized officer, exercising a power under this Act, shall produce the officer's instrument of appointment if requested to do so.

Division 2 - Appeals and hearings

211.   Right to appeal to Commission

[Section 211 Amended by No. 9 of 2015, s. 21, Applied:12 Aug 2015] A person may appeal to the Commission against a decision by the Commissioner in respect of the following matters:

(a) [Section 211 Amended by No. 9 of 2015, s. 21, Applied:12 Aug 2015] a refusal to grant a licence or permit;

(b) [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] the conditions subject to which a liquor licence or permit was granted;

(c) a refusal to give any approval;

(d) [Section 211 Amended by No. 7 of 2008, s. 43, Applied:02 May 2008] the cancellation or variation of a permit;

(e) [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] [Section 211 Amended by No. 7 of 2008, s. 43, Applied:02 May 2008] the suspension or cancellation of a liquor licence, or the variation of a special licence;

(f) any requirement specified in a notice given in accordance with section 41 (1) ;

(g) [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] [Section 211 Amended by No. 9 of 2015, s. 21, Applied:12 Aug 2015] a decision that a person is not qualified to hold a liquor licence;

(h) [Section 211 Amended by No. 9 of 2002, s. 22, Applied:15 Sep 2003] [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] [Section 211 Amended by No. 9 of 2015, s. 21, Applied:12 Aug 2015] the making of a liquor restriction order.

(i) [Section 211 Amended by No. 9 of 2002, s. 22, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

212.   Procedure on appeal

(1)  [Section 212 Subsection (1) amended by No. 9 of 2015, s. 22, Applied:12 Aug 2015] An appeal against a decision by the Commissioner shall be made, in writing, to the Commission.

(2)  [Section 212 Subsection (2) amended by No. 9 of 2015, s. 22, Applied:12 Aug 2015] Following receipt of an appeal, the Commission shall hold a hearing to consider the appeal.

213.   Hearings by Commission

(1)  [Section 213 Subsection (1) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] [Section 213 Subsection (1) substituted by No. 9 of 2002, s. 23, Applied:15 Sep 2003] The Commission is to –

(a) [Section 213 Subsection (1) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] fix a time and place for a hearing in respect of an application referred to the Commission under section 24(2)(b) or an appeal; and

(b) inform the Commissioner, the applicant or appellant and any person who made a representation in respect of the application or appeal accordingly; and

(c) provide the applicant or appellant with a copy of any representation.

(2)  [Section 213 Subsection (2) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] At a hearing the Commission–

(a) shall decide the procedure to be followed; and

(b) shall give the applicant or appellant, as the case may be, the opportunity to be heard; and

(c) may receive evidence orally or in writing; and

(d) may take evidence on oath or affirmation; and

(e) is not bound by rules of evidence but may inform itself in such manner as it thinks most appropriate; and

(f) shall observe the rules of natural justice in so far as they are applicable.

(3)  [Section 213 Subsection (3) amended by No. 40 of 2003, s. 21, Applied:15 Sep 2003] For the purpose of subsection (2) (d) the chairperson at the hearing may administer an oath or affirmation.

(4)  [Section 213 Subsection (4) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] A hearing may, at the Commission's discretion, be conducted in public or in private.

(4A)  [Section 213 Subsection (4A) inserted by No. 9 of 2015, s. 23, Applied:12 Aug 2015] A hearing may, at the Commission’s discretion, be determined solely on the basis of written evidence.

(5)  [Section 213 Subsection (5) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] [Section 213 Subsection (5) amended by No. 40 of 2003, s. 21, Applied:15 Sep 2003] The Commission may, by notice signed by the chairperson, require a person–

(a) to attend a hearing to give evidence; and

(b) to produce at a hearing a document or anything else specified in the notice.

(6)  [Section 213 Subsection (6) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] A person is not entitled to be represented at a hearing unless the Commission is satisfied that injustice could otherwise result.

214.   Decision of Commission after hearing

(1)  [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] After a hearing the Commission shall–

(a) [Section 214 Subsection (1) amended by No. 24 of 2004, s. 22, Applied:01 Jan 2005] [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] in the case of a hearing relating to an application referred to the Commission under section 24(2)(b) , direct the Commissioner –

(i) to grant the licence; or

(ii) to refuse the application; and

(b) [Section 214 Subsection (1) amended by No. 24 of 2004, s. 22, Applied:01 Jan 2005] [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] .  .  .  .  .  .  .  .  

(c) [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] in the case of an appeal against a decision of the Commissioner–

(i) confirm the Commissioner's decision; or

(ii) revoke the Commissioner's decision; or

(iii) [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] direct the Commissioner to take such action as the Commission considers to be appropriate in the circumstances.

(2)  [Section 214 Subsection (2) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] The Commissioner shall comply with a direction of the Commission.

215.   Powers of Supreme Court

(1)  [Section 215 Subsection (1) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] The Commission–

(a) may at any time; and

(b) [Section 215 Subsection (1) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] shall, if ordered to do so by a judge in chambers following an application made in a summary way by an applicant or appellant at a hearing of the Commission–

state a case for the opinion of the Supreme Court on any question of law arising on an application or appeal under this Act.

(2)  The Supreme Court shall –

(a) hear and determine a question of law referred to it; and

(b) [Section 215 Subsection (2) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] remit its decision to the Commission.

(3)  [Section 215 Subsection (3) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] The Commission is bound by a decision given in accordance with subsection (2) (b) .

(4)  The Supreme Court may make such order as to cost of any case referred to it as it considers appropriate.

(5)  [Section 215 Subsection (5) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] An application shall not be made to a judge under subsection (1) (b) except by a person who has already asked the Commission to state a case on a question.

(6)  [Section 215 Subsection (6) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] Except as provided by this section, a decision by the Commission is final and without appeal.

216.   

[Section 216 Repealed by No. 40 of 2003, s. 22, Applied:15 Sep 2003] .  .  .  .  .  .  .  .  

217.   Witnesses to appear at hearing, &c.

(1)  [Section 217 Subsection (1) amended by No. 9 of 2015, s. 26, Applied:12 Aug 2015] A person who has been served with a notice to appear at a hearing of the Commission shall–

(a) attend in accordance with the notice; or

(b) produce a document or any other thing specified in the notice.

Penalty:  Fine not exceeding 5 penalty units.

(2)  [Section 217 Subsection (2) amended by No. 9 of 2015, s. 26, Applied:12 Aug 2015] A person called as a witness at a hearing before the Commission shall not–

(a) refuse to be sworn or to affirm; or

(b) refuse to answer any question the person would be required to answer in a court; or

(c) answer any question incorrectly.

Penalty:  Fine not exceeding 5 penalty units.

Division 3 - General administration provisions

218.   Evidentiary provisions

(1)  In proceedings for an offence under this Act, an allegation in the complaint –

(a) that a substance referred to in the complaint was liquor; or

(b) [Section 218 Subsection (1) amended by No. 24 of 2004, s. 23, Applied:01 Jan 2005] that a person named in the complaint was or was not on a specified date the holder of a liquor licence or permit; or

(c) [Section 218 Subsection (1) amended by No. 24 of 2004, s. 23, Applied:01 Jan 2005] that premises referred to in the complaint were or were not on a specified date specified in a liquor licence or permit; or

(d) that a person referred to in the complaint was on a specified date under the age of 18 years –

is evidence of that matter.

(2)  In legal proceedings, a document apparently certified by the Commissioner to be the original or a copy of a document granted under this Act –

(a) is admissible in evidence; and

(b) shall be accepted as the original or a copy of that document.

(3)  [Section 218 Subsection (3) inserted by No. 73 of 1994, s. 19 ]In proceedings for an offence in relation to the sale of liquor, proof that liquor was supplied, sent, forwarded or delivered to a person is evidence of the sale of the liquor.

(4)  [Section 218 Subsection (4) inserted by No. 73 of 1994, s. 19 ]In proceedings for an offence against section 5 , proof that bottles, decanters, glasses or other vessels commonly used to contain liquor were found on premises where the offence is alleged to have been committed and had been used recently is evidence of the sale of liquor on those premises.

218A.   Time and place at which sale of liquor by mail order, &c., occurs

[Section 218A Inserted by No. 73 of 1994, s. 20 ]For the purposes of this Act, if liquor is sold by a licensee on the basis of an order received by mail, telephone, facsimile transmission or other electronic process, the sale is taken to have occurred at the time at which, and at the licensed premises from which, the licensee dispatches the liquor.

219.   Service of documents

A document required by this Act to be served on or sent to a person may be served or sent –

(a) by giving it to the person; or

(b) by sending it by post to –

(i) that person's last known place of residence; or

(ii) [Section 219 Amended by No. 24 of 2004, s. 24, Applied:01 Jan 2005] in the case of a licensee– the premises specified in the liquor licence; or

(c) by leaving it at –

(i) that person's last known place of residence; or

(ii) [Section 219 Amended by No. 24 of 2004, s. 24, Applied:01 Jan 2005] in the case of a licensee– the premises specified in the liquor licence–

in an envelope addressed to that person; or

(d) if that person is a facsimile service subscriber – by sending a copy via that service to the person's facsimile service number.

220.   Form of licences, permits and approval

Licences and permits granted, and approvals given, under this Act shall be in such form as the Commissioner determines and may, in appropriate circumstances, be combined in one document.

221.   Indemnity

An action or proceeding, civil or criminal, does not lie against –

(a) [Section 221 Amended by No. 9 of 2015, s. 27, Applied:12 Aug 2015] a member of the Commission; or

(b) the Commissioner; or

(c) an authorized officer –

acting as such, for anything done or omitted to be done in good faith.

222.   Recovery of fees by civil process

A fee payable under this Act is a debt due to the Crown and is recoverable accordingly.

222A.   Statistical information

[Section 222A Inserted by No. 9 of 2002, s. 25, Applied:15 Sep 2003]

(1)  A person who grows grapes or produces wine must provide statistical information to the Minister responsible for the administration of the Dairy Industry Act 1994 when, and in the manner, required by that Minister.

Penalty:  Fine not exceeding 15 penalty units.

(2)  A person, in providing any information, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter knowing that without that matter the information is misleading.

Penalty:  Fine not exceeding 15 penalty units.

223.   Infringement notices

[Section 223 Repealed by No. 40 of 2003, s. 23, Applied:15 Sep 2003] [Section 223 Inserted by No. 7 of 2008, s. 44, Applied:02 May 2008]

(1)  A police officer may issue and serve an adult with an infringement notice if the police officer considers that the adult has committed a prescribed offence.

(2)  An infringement notice is –

(a) to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and

(b) not to relate to more than 3 prescribed offences.

(3)  For the purposes of section 14(a)(ii) of the Monetary Penalties Enforcement Act 2005 , the prescribed penalty for a prescribed offence is not to exceed –

(a) the penalty specified in this Act for that offence; or

(b) 25 penalty units –

whichever is lower.

(4)  Any payments in respect of an infringement notice are payable into the Consolidated Fund.

(5)  In this section –

adult means a natural person who has attained the age of 18 years;

prescribed means prescribed by regulations under this Act.

PART 6 - Miscellaneous

224.   Transitional provisions

The transitional provisions set out in Schedule 1 have effect.

224A.   Further transitional provisions

[Section 224A Inserted by No. 24 of 2004, s. 25, Applied:01 Jan 2005]

(1)  In this section –

accommodation licence means a licence issued under the Act before the commencement of the Liquor and Accommodation Amendment Act 2004 that authorized the provision of overnight lodging facilities for tourists or travellers for a consideration.

(2)  An accommodation licence, whether or not the licence has been combined under section 220 with another licence, or a permit or approval, ceases to have effect on the commencement of the Liquor and Accommodation Amendment Act 2004 .

(3)  Nothing in subsection (2) affects the validity of a licence, permit or approval that has been combined with an accommodation licence.

(4)  In any Act or other document, a reference to the Liquor and Accommodation Act 1990 is taken to be a reference to the Liquor Licensing Act 1990 , where appropriate.

(5)  In any Act or other document, a reference to a provision of the Liquor and Accommodation Act 1990 is taken to be a reference to that provision in the Liquor Licensing Act 1990 , where appropriate.

225.   Consequential repeals, &c., and amendments

(1)  The Acts specified in Part 1 of Schedule 2 are repealed.

(2)  The subsidiary legislation specified in Part 2 of Schedule 2 is rescinded.

(3)  See Schedule 3.

226.   Regulations

(1)  The Governor may make regulations for the purpose of this Act.

(2)  Regulations made under this Act may –

(a) prescribe the fees payable in respect of matters under this Act for which no fee is prescribed by the Act; and

(b) [Section 226 Subsection (2) amended by No. 9 of 2015, s. 28, Applied:12 Aug 2015] prescribe the fees, allowances and sums by way of reimbursement of expenses that are payable to a person who attends a hearing of the Commission pursuant to a notice served in accordance with section 213 (5) ; and

(ba) [Section 226 Subsection (2) amended by No. 9 of 2002, s. 28, Applied:15 Sep 2003] prescribe matters in relation to the granting of liquor licences and liquor permits; and

(c) [Section 226 Subsection (2) amended by No. 9 of 2015, s. 28, Applied:12 Aug 2015] authorize any matter or thing to be determined, applied or regulated by the Commissioner or the Commission; and

(d) provide for the imposition of a penalty, not exceeding 10 penalty units, for a contravention of a regulation.

(3)  Regulations made under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(4)  A provision referred to in subsection (3) may, if the regulations so provide, take effect from the date of assent of this Act or a later date.

227.   

[Section 227 Repealed by No. 7 of 2008, s. 45, Applied:02 May 2008] .  .  .  .  .  .  .  .  

SCHEDULE 1 - Savings and Transitional Provisions

[Schedule 1 Substituted by No. 9 of 2015, s. 29, Applied:12 Aug 2015]

Section 224

1.   Interpretation

In this Schedule –

amending Act means the Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015 ;

Board means the Board within the meaning of the former Act;

commencement day means the day on which the amending Act commences;

former Act means this Act as in force immediately before the commencement day.

2.   Abolition of Board

(1) The Board is abolished on the commencement day.

(2) The appointment of each member of the Board is revoked.

(3) A member of the Board is not entitled to receive any benefit in respect of the revocation of his or her appointment as such a member.

3.   General liquor exemptions

A general liquor exemption, granted by the Board under the former Act, that is in force immediately before the commencement day, is taken, on and after that day, to be a general liquor exemption granted by the Commissioner under this Act.

4.   Liquor restriction orders

A liquor restriction order, made by the Board under the former Act, that is in force immediately before the commencement day, is taken, on and after that day, to be a liquor restriction order made by the Commissioner under this Act.

5.   Pending applications for liquor licence

(1) An application for a liquor licence under section 23 of the former Act that has not been determined before the commencement day is taken to have been made under this Act and is to be dealt with by the Commissioner in accordance with this Act.

(2) If, before the commencement day, an application for a liquor licence has been referred to the Board for a hearing under section 24(2) of the former Act and that hearing has, immediately before the commencement day, commenced but has not been completed, that hearing is to be terminated and the application is to be dealt with by the Commissioner in accordance with this Act.

6.   Certain hearings of the Board

If, before the commencement day, an application for a hearing has been made under section 39 (5) or 42 (1) of the former Act and that hearing has, immediately before the commencement day, commenced but has not been concluded, the hearing is to be discontinued and the matter is to be dealt with by the Commissioner in accordance with this Act.

7.   Appeals against decisions of the Commissioner to Board

If an appeal has been made to the Board under section 211 of the former Act before the commencement day and that appeal has not been determined by the Board before that day, the appeal is to be dealt with by the Commission in accordance with Division 2 of Part 5 of this Act as if that appeal had been lodged with the Commission.

8.   Supreme Court hearings

If, before the commencement day, the Board has stated a case for the opinion of the Supreme Court under section 215 and the Supreme Court has not, before that day, determined the case, the Supreme Court is to, on or after the commencement day –

(a) hear and determine the question of law before it as if the case stated by the Board were a case stated by the Commission; and

(b) remit its decision to the Commission.

9.   Continuation of proceedings

Any legal or other proceedings that might, before the commencement day, have been continued or instituted by or against the Board may, on and after that day, be continued or instituted by or against the Commission.

SCHEDULE 2 - Legislation Repealed or Rescinded

Section 225 (1)

PART 1 - Acts Repealed

PART 2 - Subsidiary Legislation Recinded

SCHEDULE 3 - Consequential Amendments

[Schedule 3 Amended by No. 46 of 1991, s. 5 and Sched. 1 ]

Section 225 (3)

The amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:

(a) Coroners Act 1957 ;

(b) Fire Service Act 1979 ;

(c) Hydro-Electric Commission Act 1944 ;

(d) Local Government Act 1967 ;

(e) Police Offences Act 1935 ;

(f) Shop Trading Hours Act 1984 ;

(g) Tourism Act 1977 .