sec.187Abatement of nuisance or dangerous activity

### sec.187 Abatement of nuisance or dangerous activity This section applies if an investigator believes on reasonable grounds that— noise coming from licensed premises, or a utility area for licensed premises, is unreasonable noise; or because of activity in or near the licensed premises, there is a danger to persons or property that is likely to be aggravated by the continued supply of liquor in the locality. However, this section does not apply if the noise is from amplified music played at licensed premises— in a special entertainment precinct established by a local government under the Local Government Act 2009 ; and for which the local government has issued a licence, permit or other authority under the local law made by the local government under the Local Government Act 2009 , including licence, permit or other authority that has expired or been revoked or cancelled by the local government. The investigator may give written notice (an abatement notice ) to the licensee, permittee, or person who appears to be in charge of the premises, requiring that— if subsection (1) (a) applies—be reduced to, and kept at, a level so that it is no longer an unreasonable noise; or if subsection (1) (b) applies—the premises be closed immediately. In deciding whether to give an abatement notice, the investigator must have regard to the following— the order of occupancy between the licensee or permittee and any complainant; any changes in the licensed premises and the premises occupied by any complainant, including, for example, structural changes to the premises; any changes in the activities conducted on the licensed premises over a period of time. An abatement notice may state specific action that must be taken by the person to whom the notice is given. An abatement notice must state— for each action that is required to be taken—the time, of up to 3 months, within which the person to whom the notice is issued must take the action; and the time, of up to 3 months, that the notice has effect for. The commissioner may, by written notice, extend a time under subsection (2C) (a) or (b) for 1 or more periods of up to 3 months to enable the person to whom the notice is given to comply with the notice. The issuing of an abatement notice does not stop any other action being taken under this Act in relation to the matter that is the subject of the notice, including, for example— a compliance order being issued; or the licence or permit for the licensed premises being varied; or disciplinary action being taken in relation to the licence; or proceedings being started for an offence against this Act. If the abatement notice is contravened, the investigator may take all steps necessary and reasonable to ensure compliance, or continued compliance, with the notice. The person to whom the abatement notice is issued must comply with the notice. Maximum penalty—100 penalty units. In this section— licensed premises includes premises to which a restricted liquor permit relates. utility area , for licensed premises, includes an area containing plant or equipment that is not part of the licensed premises, but is used for the benefit of the licensed premises. An area containing an air-conditioning plant for licensed premises may be a utility area. s 187 sub 1994 No. 59 s 65 amd 2001 No. 39 ss 96 , 107 ; 2005 No. 54 s 12 ; 2008 No. 48 s 59 (1) sch 1 ; 2009 No. 17 s 331 sch 1 ; 2014 No. 42 s 79A (sec.187-ssec.1) This section applies if an investigator believes on reasonable grounds that— noise coming from licensed premises, or a utility area for licensed premises, is unreasonable noise; or because of activity in or near the licensed premises, there is a danger to persons or property that is likely to be aggravated by the continued supply of liquor in the locality. (sec.187-ssec.1A) However, this section does not apply if the noise is from amplified music played at licensed premises— in a special entertainment precinct established by a local government under the Local Government Act 2009 ; and for which the local government has issued a licence, permit or other authority under the local law made by the local government under the Local Government Act 2009 , including licence, permit or other authority that has expired or been revoked or cancelled by the local government. (sec.187-ssec.2) The investigator may give written notice (an abatement notice ) to the licensee, permittee, or person who appears to be in charge of the premises, requiring that— if subsection (1) (a) applies—be reduced to, and kept at, a level so that it is no longer an unreasonable noise; or if subsection (1) (b) applies—the premises be closed immediately. (sec.187-ssec.2A) In deciding whether to give an abatement notice, the investigator must have regard to the following— the order of occupancy between the licensee or permittee and any complainant; any changes in the licensed premises and the premises occupied by any complainant, including, for example, structural changes to the premises; any changes in the activities conducted on the licensed premises over a period of time. (sec.187-ssec.2B) An abatement notice may state specific action that must be taken by the person to whom the notice is given. (sec.187-ssec.2C) An abatement notice must state— for each action that is required to be taken—the time, of up to 3 months, within which the person to whom the notice is issued must take the action; and the time, of up to 3 months, that the notice has effect for. (sec.187-ssec.2D) The commissioner may, by written notice, extend a time under subsection (2C) (a) or (b) for 1 or more periods of up to 3 months to enable the person to whom the notice is given to comply with the notice. (sec.187-ssec.2E) The issuing of an abatement notice does not stop any other action being taken under this Act in relation to the matter that is the subject of the notice, including, for example— a compliance order being issued; or the licence or permit for the licensed premises being varied; or disciplinary action being taken in relation to the licence; or proceedings being started for an offence against this Act. (sec.187-ssec.3) If the abatement notice is contravened, the investigator may take all steps necessary and reasonable to ensure compliance, or continued compliance, with the notice. (sec.187-ssec.4) The person to whom the abatement notice is issued must comply with the notice. Maximum penalty—100 penalty units. (sec.187-ssec.5) In this section— licensed premises includes premises to which a restricted liquor permit relates. utility area , for licensed premises, includes an area containing plant or equipment that is not part of the licensed premises, but is used for the benefit of the licensed premises. An area containing an air-conditioning plant for licensed premises may be a utility area. - (a) noise coming from licensed premises, or a utility area for licensed premises, is unreasonable noise; or - (b) because of activity in or near the licensed premises, there is a danger to persons or property that is likely to be aggravated by the continued supply of liquor in the locality. - (a) in a special entertainment precinct established by a local government under the Local Government Act 2009 ; and - (b) for which the local government has issued a licence, permit or other authority under the local law made by the local government under the Local Government Act 2009 , including licence, permit or other authority that has expired or been revoked or cancelled by the local government. - (a) if subsection (1) (a) applies—be reduced to, and kept at, a level so that it is no longer an unreasonable noise; or - (b) if subsection (1) (b) applies—the premises be closed immediately. - (a) the order of occupancy between the licensee or permittee and any complainant; - (b) any changes in the licensed premises and the premises occupied by any complainant, including, for example, structural changes to the premises; - (c) any changes in the activities conducted on the licensed premises over a period of time. - (a) for each action that is required to be taken—the time, of up to 3 months, within which the person to whom the notice is issued must take the action; and - (b) the time, of up to 3 months, that the notice has effect for. - (a) a compliance order being issued; or - (b) the licence or permit for the licensed premises being varied; or - (c) disciplinary action being taken in relation to the licence; or - (d) proceedings being started for an offence against this Act.