sec.155ADWho must be present or reasonably available at licensed premises etc.

### sec.155AD Who must be present or reasonably available at licensed premises etc. This section applies while the licensed premises or premises to which the permit relates are open for business. However, this section does not apply to licensed premises under a subsidiary on-premises licence if the premises are a boat or on a boat. If the licensee or permittee is a corporation, the licensee or permittee must take reasonable steps to ensure that a person employed by the corporation as an approved manager— is present or reasonably available during the following times at the licensed premises or premises to which the permit relates— ordinary trading hours; approved extended trading hours between 7a.m. and 10a.m.; and is present at the licensed premises or premises to which the permit relates during approved extended trading hours between— for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or otherwise—12a.m. and 2a.m. Maximum penalty—50 penalty units. If the licensee or permittee is an individual, the licensee or permittee must— be present or reasonably available, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present or reasonably available, during the following times at the licensed premises or premises to which the permit relates— ordinary trading hours; approved extended trading hours between 7a.m. and 10a.m.; and be present, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present, at the licensed premises or premises to which the permit relates during approved extended trading hours between— for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or for a licence relating to premises located in a safe night precinct—12a.m. and 3a.m.; or otherwise—12a.m. and 2a.m. Maximum penalty—50 penalty units. Subsection (3) applies subject to section 155AF . If the premises are low risk premises and are not open for business beyond 12 midnight, the licensee or permittee is exempted from— for a licensee or permittee that is a corporation— subsection (2) (a) ; or for a licensee or permittee who is an individual— subsection (3) (a) . If the premises are low risk premises but are open for business beyond 12 midnight, the licensee or permittee is exempted until 10p.m. from— for a licensee or permittee that is a corporation— subsection (2) (a) ; or for a licensee or permittee who is an individual— subsection (3) (a) . Without limiting section 107C , the commissioner may, under that section, impose the following conditions on a licence or permit— if the licensee or permittee is a corporation—a condition requiring the corporation to take reasonable steps to ensure a person employed by the corporation as an approved manager is present during the times mentioned in subsection (2) (a) at the premises to which the licence or permit relates; if the licensee or permittee is an individual—a condition requiring the individual to be present, or take reasonable steps to ensure a person employed by the individual as an approved manager is present, during the times mentioned in subsection (3) (a) at the premises to which the licence or permit relates. The powers of the commissioner under section 107C to impose a condition on a licence or permit as mentioned in subsection (5) are not limited by subsection (4A) or (4B) even if the relevant premises are low risk premises. For this section, an approved manager is present at premises if the approved manager is— at the premises acting in the capacity of an approved manager; and in control of the premises. See section 142ZF for the responsibilities of an approved manager in control of licensed premises or premises to which a permit relates. Also, for this section, the licensee or permittee or an approved manager is reasonably available in relation to the licensed premises or premises to which the permit relates if both of the following apply— the licensee, permittee or approved manager is readily contactable by each person involved in the service or supply of liquor at the premises; the time reasonably needed for the licensee, permittee or approved manager to travel from any place at which the licensee, permittee or approved manager may be present to the premises is not more than 1 hour or, if the commissioner has decided to extend the period of time for a particular licensee, permittee or approved manager, the extended period of time. In deciding whether to extend the period of time for a particular licensee, permittee or approved manager, the commissioner must have regard to— the principal activity, and the nature and extent of the business, conducted under the licence or permit; and the location of the premises; and the availability of trained staff for the premises. In this section— low risk premises means premises to which any of the following relates— a subsidiary on-premises licence (meals); a community club licence if the club has 2,000 or fewer members; a community other licence; a restricted liquor permit. s 155AD ins 2008 No. 48 s 55 amd 2009 No. 41 s 83 ; 2012 No. 25 s 144 (1) ; 2013 No. 25 s 152 ; 2013 No. 62 s 42 ; 2016 No. 4 s 48 ; 2017 No. 5 s 9 (retro) (sec.155AD-ssec.1) This section applies while the licensed premises or premises to which the permit relates are open for business. (sec.155AD-ssec.1A) However, this section does not apply to licensed premises under a subsidiary on-premises licence if the premises are a boat or on a boat. (sec.155AD-ssec.2) If the licensee or permittee is a corporation, the licensee or permittee must take reasonable steps to ensure that a person employed by the corporation as an approved manager— is present or reasonably available during the following times at the licensed premises or premises to which the permit relates— ordinary trading hours; approved extended trading hours between 7a.m. and 10a.m.; and is present at the licensed premises or premises to which the permit relates during approved extended trading hours between— for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or otherwise—12a.m. and 2a.m. Maximum penalty—50 penalty units. (sec.155AD-ssec.3) If the licensee or permittee is an individual, the licensee or permittee must— be present or reasonably available, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present or reasonably available, during the following times at the licensed premises or premises to which the permit relates— ordinary trading hours; approved extended trading hours between 7a.m. and 10a.m.; and be present, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present, at the licensed premises or premises to which the permit relates during approved extended trading hours between— for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or for a licence relating to premises located in a safe night precinct—12a.m. and 3a.m.; or otherwise—12a.m. and 2a.m. Maximum penalty—50 penalty units. (sec.155AD-ssec.4) Subsection (3) applies subject to section 155AF . (sec.155AD-ssec.4A) If the premises are low risk premises and are not open for business beyond 12 midnight, the licensee or permittee is exempted from— for a licensee or permittee that is a corporation— subsection (2) (a) ; or for a licensee or permittee who is an individual— subsection (3) (a) . (sec.155AD-ssec.4B) If the premises are low risk premises but are open for business beyond 12 midnight, the licensee or permittee is exempted until 10p.m. from— for a licensee or permittee that is a corporation— subsection (2) (a) ; or for a licensee or permittee who is an individual— subsection (3) (a) . (sec.155AD-ssec.5) Without limiting section 107C , the commissioner may, under that section, impose the following conditions on a licence or permit— if the licensee or permittee is a corporation—a condition requiring the corporation to take reasonable steps to ensure a person employed by the corporation as an approved manager is present during the times mentioned in subsection (2) (a) at the premises to which the licence or permit relates; if the licensee or permittee is an individual—a condition requiring the individual to be present, or take reasonable steps to ensure a person employed by the individual as an approved manager is present, during the times mentioned in subsection (3) (a) at the premises to which the licence or permit relates. (sec.155AD-ssec.5A) The powers of the commissioner under section 107C to impose a condition on a licence or permit as mentioned in subsection (5) are not limited by subsection (4A) or (4B) even if the relevant premises are low risk premises. (sec.155AD-ssec.6) For this section, an approved manager is present at premises if the approved manager is— at the premises acting in the capacity of an approved manager; and in control of the premises. See section 142ZF for the responsibilities of an approved manager in control of licensed premises or premises to which a permit relates. (sec.155AD-ssec.7) Also, for this section, the licensee or permittee or an approved manager is reasonably available in relation to the licensed premises or premises to which the permit relates if both of the following apply— the licensee, permittee or approved manager is readily contactable by each person involved in the service or supply of liquor at the premises; the time reasonably needed for the licensee, permittee or approved manager to travel from any place at which the licensee, permittee or approved manager may be present to the premises is not more than 1 hour or, if the commissioner has decided to extend the period of time for a particular licensee, permittee or approved manager, the extended period of time. (sec.155AD-ssec.8) In deciding whether to extend the period of time for a particular licensee, permittee or approved manager, the commissioner must have regard to— the principal activity, and the nature and extent of the business, conducted under the licence or permit; and the location of the premises; and the availability of trained staff for the premises. (sec.155AD-ssec.9) In this section— low risk premises means premises to which any of the following relates— a subsidiary on-premises licence (meals); a community club licence if the club has 2,000 or fewer members; a community other licence; a restricted liquor permit. - (a) is present or reasonably available during the following times at the licensed premises or premises to which the permit relates— (i) ordinary trading hours; (ii) approved extended trading hours between 7a.m. and 10a.m.; and - (i) ordinary trading hours; - (ii) approved extended trading hours between 7a.m. and 10a.m.; and - (b) is present at the licensed premises or premises to which the permit relates during approved extended trading hours between— (i) for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or (ii) for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or (iii) otherwise—12a.m. and 2a.m. - (i) for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or - (ii) for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or - (iii) otherwise—12a.m. and 2a.m. - (i) ordinary trading hours; - (ii) approved extended trading hours between 7a.m. and 10a.m.; and - (i) for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or - (ii) for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or - (iii) otherwise—12a.m. and 2a.m. - (a) be present or reasonably available, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present or reasonably available, during the following times at the licensed premises or premises to which the permit relates— (i) ordinary trading hours; (ii) approved extended trading hours between 7a.m. and 10a.m.; and - (i) ordinary trading hours; - (ii) approved extended trading hours between 7a.m. and 10a.m.; and - (b) be present, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present, at the licensed premises or premises to which the permit relates during approved extended trading hours between— (i) for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or (ii) for a licence relating to premises located in a safe night precinct—12a.m. and 3a.m.; or (iii) otherwise—12a.m. and 2a.m. - (i) for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or - (ii) for a licence relating to premises located in a safe night precinct—12a.m. and 3a.m.; or - (iii) otherwise—12a.m. and 2a.m. - (i) ordinary trading hours; - (ii) approved extended trading hours between 7a.m. and 10a.m.; and - (i) for a commercial special facility licence relating to an airport or casino or an extended hours permit—12a.m. and 5a.m.; or - (ii) for a licence relating to premises located in a safe night precinct—12a.m. and 3a.m.; or - (iii) otherwise—12a.m. and 2a.m. - (a) for a licensee or permittee that is a corporation— subsection (2) (a) ; or - (b) for a licensee or permittee who is an individual— subsection (3) (a) . - (a) for a licensee or permittee that is a corporation— subsection (2) (a) ; or - (b) for a licensee or permittee who is an individual— subsection (3) (a) . - (a) if the licensee or permittee is a corporation—a condition requiring the corporation to take reasonable steps to ensure a person employed by the corporation as an approved manager is present during the times mentioned in subsection (2) (a) at the premises to which the licence or permit relates; - (b) if the licensee or permittee is an individual—a condition requiring the individual to be present, or take reasonable steps to ensure a person employed by the individual as an approved manager is present, during the times mentioned in subsection (3) (a) at the premises to which the licence or permit relates. - (a) at the premises acting in the capacity of an approved manager; and - (b) in control of the premises. Note— See section 142ZF for the responsibilities of an approved manager in control of licensed premises or premises to which a permit relates. - (a) the licensee, permittee or approved manager is readily contactable by each person involved in the service or supply of liquor at the premises; - (b) the time reasonably needed for the licensee, permittee or approved manager to travel from any place at which the licensee, permittee or approved manager may be present to the premises is not more than 1 hour or, if the commissioner has decided to extend the period of time for a particular licensee, permittee or approved manager, the extended period of time. - (a) the principal activity, and the nature and extent of the business, conducted under the licence or permit; and - (b) the location of the premises; and - (c) the availability of trained staff for the premises. - (a) a subsidiary on-premises licence (meals); - (b) a community club licence if the club has 2,000 or fewer members; - (c) a community other licence; - (d) a restricted liquor permit.