sec.46Compliance orders for licensed premises etc.

### sec.46 Compliance orders for licensed premises etc. The commissioner may issue an order to a licensee, permittee, owner or other person shown in the register as a person who has an interest in licensed premises, or premises to which a restricted liquor permit relates, about— altering the premises to make the premises suitable for the conduct of business under authority of the licence or permit; or increasing or decreasing the area of the premises; or stopping or preventing unreasonable noise coming from the premises; or complying with laws about fire safety for the premises and hygienic practices in the conduct of business under authority of the licence or permit; or complying with requirements under section 173EHAA for a re-entry pass system for the premises, including for re-entry passes for the re-entry pass system; or complying with this Act. The order must state— the action that is required to be taken; and the grounds for requiring the action to be taken; and an outline of the facts and circumstances that form the basis for the grounds; and for each action that is required to be taken—the time, of up to 6 months, within which the person to whom the order is issued must take the action; and the time, of up to 6 months, that the order has effect for; and that, if the person to whom the order is issued fails to comply with the order, the commissioner may start proceedings in the Magistrates Court in relation to the failure, without further notice to the person. The commissioner may, by written notice, extend a time under subsection (2) (d) or (e) for 1 or more periods of up to 6 months to enable the person to whom the order is issued to comply with the order. The person to whom the order is issued must comply with the order. Maximum penalty—100 penalty units. The issuing of an order under this section does not stop any other action being taken under this Act in relation to the matter that is the subject of the order, including, for example— an abatement notice being issued; or the licence or permit for the premises being varied; or disciplinary action being taken in relation to the licence; or proceedings being started for an offence against this Act. No compensation is payable by the State to any person because of an order made under this section, despite any other Act or law. In this section— premises includes an area containing plant or equipment that is not part of the premises, but is used for the benefit of the premises. s 46 amd 1994 No. 59 s 16 ; 2001 No. 39 s 3 sch ; 2008 No. 48 s 59 sch s 1 – 2 ; 2012 No. 25 s 144 (1) ; 2014 No. 42 s 33A ; 2019 No. 37 s 6B (sec.46-ssec.1) The commissioner may issue an order to a licensee, permittee, owner or other person shown in the register as a person who has an interest in licensed premises, or premises to which a restricted liquor permit relates, about— altering the premises to make the premises suitable for the conduct of business under authority of the licence or permit; or increasing or decreasing the area of the premises; or stopping or preventing unreasonable noise coming from the premises; or complying with laws about fire safety for the premises and hygienic practices in the conduct of business under authority of the licence or permit; or complying with requirements under section 173EHAA for a re-entry pass system for the premises, including for re-entry passes for the re-entry pass system; or complying with this Act. (sec.46-ssec.2) The order must state— the action that is required to be taken; and the grounds for requiring the action to be taken; and an outline of the facts and circumstances that form the basis for the grounds; and for each action that is required to be taken—the time, of up to 6 months, within which the person to whom the order is issued must take the action; and the time, of up to 6 months, that the order has effect for; and that, if the person to whom the order is issued fails to comply with the order, the commissioner may start proceedings in the Magistrates Court in relation to the failure, without further notice to the person. (sec.46-ssec.3) The commissioner may, by written notice, extend a time under subsection (2) (d) or (e) for 1 or more periods of up to 6 months to enable the person to whom the order is issued to comply with the order. (sec.46-ssec.4) The person to whom the order is issued must comply with the order. Maximum penalty—100 penalty units. (sec.46-ssec.5) The issuing of an order under this section does not stop any other action being taken under this Act in relation to the matter that is the subject of the order, including, for example— an abatement notice being issued; or the licence or permit for the premises being varied; or disciplinary action being taken in relation to the licence; or proceedings being started for an offence against this Act. (sec.46-ssec.6) No compensation is payable by the State to any person because of an order made under this section, despite any other Act or law. (sec.46-ssec.7) In this section— premises includes an area containing plant or equipment that is not part of the premises, but is used for the benefit of the premises. - (a) altering the premises to make the premises suitable for the conduct of business under authority of the licence or permit; or - (b) increasing or decreasing the area of the premises; or - (c) stopping or preventing unreasonable noise coming from the premises; or - (d) complying with laws about fire safety for the premises and hygienic practices in the conduct of business under authority of the licence or permit; or - (e) complying with requirements under section 173EHAA for a re-entry pass system for the premises, including for re-entry passes for the re-entry pass system; or - (f) complying with this Act. - (a) the action that is required to be taken; and - (b) the grounds for requiring the action to be taken; and - (c) an outline of the facts and circumstances that form the basis for the grounds; and - (d) for each action that is required to be taken—the time, of up to 6 months, within which the person to whom the order is issued must take the action; and - (e) the time, of up to 6 months, that the order has effect for; and - (f) that, if the person to whom the order is issued fails to comply with the order, the commissioner may start proceedings in the Magistrates Court in relation to the failure, without further notice to the person. - (a) an abatement notice being issued; or - (b) the licence or permit for the 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.