75Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises

75 Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises

75 Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises

(1) The Secretary, a police officer or a marine authority may give a relevant person for licensed premises a notice (an improvement notice)—

(a) for the Secretary—

(i) if the Secretary reasonably believes there has been a contravention of this Act or the regulations on, or in relation to, the licensed premises, or

(ii) if the Secretary reasonably believes noise is being emitted from the licensed premises in a way that unduly disturbs, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood in which the licensed premises are located, or

(iii) about any other matter relating to the licensed premises, including any conduct on the licensed premises, or

(b) for a police officer—if the police officer reasonably believes—

(i) noise is being emitted from the licensed premises in contravention of a noise or noise-related condition applying to the licence for the licensed premises, or

(ii) noise is being emitted from the licensed premises in a way that unduly disturbs, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood in which the licensed premises are located, or

(iii) noise is being emitted near the licensed premises by patrons of the licensed premises or staff or contractors of the licensee, or

Example of contractors—

musicians contracted to perform on the licensed premises or the staff of the musicians

(c) for a marine authority—if the marine authority reasonably believes noise is being emitted—

(i) in navigable waters from licensed premises that are a vessel in contravention of a noise or noise-related condition applying to the licence for the licensed premises, or

(ii) in navigable waters from licensed premises that are a vessel in a way that unduly disturbs, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood in which the licensed premises are located.

(2) An improvement notice must not be issued in relation to a demerit offence under Part 9A.