108Offences by licensee and permittee

108 Offences by licensee and permittee S. 108(1) amended by No. 92/2004 s. 23(2)(a). (1) A licensee or permittee— (a) must not, except in accordance with the licence or BYO permit and this Act— (i) supply liquor; or (ii) permit or cause liquor to be supplied; or (iii) permit liquor to be consumed— on the licensed premises or on any authorised premises; (b) must not use any place or premises, other than the licensed premises or authorised premises, for the supply of liquor; S. 108(1)(c) repealed by No. 73/2007 s. 21(1)(a). S. 108(1)(d) amended by No. 73/2007 s. 21(1)(b). (d) must not permit a person to play any unlawful game on the licensed premises or on any authorised premises. S. 108(1)(e) repealed by No. 73/2007 s. 21(1)(c). Note to s. 108(1) inserted by No. 13/2013 s. 29(1). (2) Subsection (1)(b) does not apply to— (a) a licensee of a pre-retail licence; or S. 108(2)(b) amended by Nos 71/2011 s. 19, 20/2018 s. 8. (b) a licensee of a producer's licence in respect of the supply of liquor under that licence to a person who holds a licence under this Act. (3) Despite subsection (1)(d), the game of two-up may be played— S. 108(3)(a) amended by No. 96/2003 s. 14(2). (a) on ANZAC Day on any premises being used by any sub-branch of the Returned and Services League; and S. 108(3)(b) amended by Nos 96/2003 s. 14(2), 114/2003 s. 12.1.3 (Sch. 6 item 9.2(a)), 56/2014 s. 62(1)(a). (b) on ANZAC Day on any premises approved under section 2.2.4(1)(b) of the **Gambling Regulation Act 2003**; and S. 108(3)(c) amended by Nos 96/2003 s. 14(2), 114/2003 s. 12.1.3 (Sch. 6 item 9.2(b)), 56/2014 s. 62(1)(b). (c) not more than 7 days before ANZAC Day on any premises at which a function is being held to which section 2.2.4(2) of the **Gambling Regulation Act 2003** applies. S. 108(4) inserted by No. 73/2007 s. 21(2). (4) A licensee or permittee— (a) must not supply liquor to a person who is in a state of intoxication; (b) must not permit drunken or disorderly persons to be on the licensed premises or on any authorised premises. Note to s. 108(4) inserted by No. 13/2013 s. 29(4). S. 108(5) inserted by No. 73/2007 s. 21(2), amended by No. 8/2009 s. 16, substituted by No. 56/2014 s. 56. (5) It is a defence to a prosecution for an offence under subsection (4)(b) for the accused to prove that— (a) neither the accused nor any relevant person who was on the premises at the time of the alleged offence knew that drunken or disorderly persons were on the premises; and (b) either the accused or a relevant person had taken reasonable steps to ensure that drunken or disorderly persons were not on the premises. S. 108(5A) inserted by No. 56/2014 s. 56. (5A) For the purposes of subsection (5), a person is a ***relevant person*** if he or she is— (a) an employee or agent of the accused; or (b) in the case of an accused that is a body corporate— (i) an officer of the accused; or (ii) the nominee of the accused; or (c) in the case of an accused who is a member of the committee of management of an unincorporated club, on behalf of the club— (i) a member of the committee of management; or (ii) the nominee of the accused; or (d) in the case of an accused who is a member of a partnership, another member of the partnership. S. 108(6) inserted by No. 88/2009 s. 6. (6) Subsection (4)(b) does not apply to a licensee or permittee if the licensed premises are a party bus. S. 108A inserted by No. 92/2004 s. 29, amended by No. 8/2009 s. 17(a), repealed by No. 57/2010 s. 18. S. 108AA inserted by No. 57/2010 s. 19. 108AA Licensee must complete refresher approved responsible service of alcohol programs (2) The licensee (except in the case of a body corporate) must complete an approved responsible service of alcohol program within 3 years from the date on which the licensee last completed an approved responsible service of alcohol program. S. 108AA(3) amended by No. 12/2011 s. 5. (3) If the licensee is a body corporate, the licensee must ensure that the responsible person completes an approved responsible service of alcohol program within 3 years from the date on which the person last completed an approved responsible service of alcohol program. Note to s. 108AA(3) inserted by No. 13/2013 s. 29(6). S. 108AB inserted by No. 57/2010 s. 19. 108AB Licensee must ensure staff complete approved responsible service of alcohol programs (2) The licensee must ensure that any person who sells, offers for sale or serves liquor on the licensed premises of the licensee— (a) has completed an approved responsible service of alcohol program within the period of 3 years prior to the date on which that person first sells, offers for sale or serves liquor on the licensed premises; or (b) completes an approved responsible service of alcohol program within one month after the date on which that person first sells, offers for sale or serves liquor on the licensed premises. Note to s. 108AB(2) inserted by No. 13/2013 s. 29(6). S. 108AC inserted by No. 57/2010 s. 19. 108AC Licensee must ensure staff complete refresher approved responsible service of alcohol programs (2) The licensee must ensure that any person who sells, offers for sale or serves liquor on the licensed premises of the licensee completes an approved responsible service of alcohol program within 3 years from the date on which that person last completed an approved responsible service of alcohol program. Note to s. 108AC(2) inserted by No. 13/2013 s. 29(6). S. 108AD (Heading) amended by No. 20/2018 s. 23(1). S. 108AD inserted by No. 57/2010 s. 19. 108AD Licensee must keep RSA certificates (1) This section applies to a general licence, on‑premises licence, packaged liquor licence, late night licence or any other licence which is subject to a condition in relation to responsible service of alcohol. S. 108AD(2) amended by No. 13/2013 s. 29(1), substituted by No. 20/2018 s. 23(2). (2) The licensee must keep at the licensed premises RSA certificates that demonstrate the requirements under sections 26B, 108AA, 108AB and 108AC have been satisfied. S. 108AD(3) amended by No. 12/2011 s. 6, repealed by No. 20/2018 s. 23(3). S. 108AE (Heading) amended by No. 20/2018 s. 24(1). S. 108AE inserted by No. 57/2010 s. 19. 108AE Licensee must produce RSA certificates for inspection (1) This section applies to a general licence, on‑premises licence, packaged liquor licence, late night licence or any other licence which is subject to a condition in relation to responsible service of alcohol. S. 108AE(2) amended by Nos 58/2011 s. 104(Sch. item 4.174), 37/2014 s. 10(Sch. item 96.10), 20/2018 s. 24(2), 26/2022 s. 23(1). (2) The licensee must produce any RSA certificates kept by the licensee for inspection on being asked to do so by a police officer or a liquor inspector. Note to s. 108AE(2) inserted by No. 13/2013 s. 29(1). S. 108AE(3) inserted by No. 20/2018 s. 24(3), amended by No. 26/2022 s. 23(1). (3) The licensee must give the following information, on being asked to do so by a police officer or a liquor inspector— (a) the licensee's name, and if the licensee is a body corporate the name of the responsible person; (b) the name of each person who sells, offers for sale or serves liquor on the licensed premises and the date on which each person first sold, offered for sale or served liquor on the licensed premises; (c) any prescribed information or document. S. 108AF inserted by No. 57/2010 s. 19. 108AF Exemption from approved responsible service of alcohol program requirements—without application S. 108AF(1) amended by No. 58/2011 s. 104(Sch. item 4.175). (1) The Commission may, by notice in writing, exempt a licensee or a class of licensees from any of the requirements of sections 108AA to 108AE, if the Commission thinks it is appropriate to do so. S. 108AF(2) amended by No. 58/2011 s. 104(Sch. item 4.175). (2) The Commission may grant an exemption under subsection (1) for the period and on any conditions the Commission determines. S. 108AF(3) amended by No. 58/2011 s. 104(Sch. item 4.175). (3) The Commission may revoke an exemption granted under subsection (1) by notice in writing. S. 108AG inserted by No. 57/2010 s. 19. 108AG Exemption from approved responsible service of alcohol program requirements—on application S. 108AG(1) amended by No. 58/2011 s. 104(Sch. item 4.176). (1) A licensee may apply to the Commission to be exempted from any of the requirements of sections 108AA to 108AE. S. 108AG(2) amended by No. 58/2011 s. 104(Sch. item 4.176). (2) The Commission may approve an application if the Commission thinks it is appropriate to do so. S. 108AG(3) amended by No. 58/2011 s. 104(Sch. item 4.176). (3) The Commission must give the licensee notice in writing of the approval or refusal of an application. S. 108AG(4) amended by No. 58/2011 s. 104(Sch. item 4.176). (4) The Commission may grant an exemption under subsection (2) for the period and on any conditions the Commission determines. S. 108AG(5) amended by No. 58/2011 s. 104(Sch. item 4.176). (5) The Commission may revoke an exemption granted under subsection (2) by notice in writing. S. 108AH (Heading) amended by No. 58/2011 s. 104(Sch. item 4.177). S. 108AH inserted by No. 57/2010 s. 19, amended by No. 58/2011 s. 104(Sch. item 4.178). 108AH Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements In making a decision under section 108AF or 108AG to exempt a licensee or class of licensees from any of the requirements of sections 108AA to 108AE, the Commission must consider— S. 108AH(a) amended by No. 49/2021 s. 40. (b) the extent of the burden imposed on the licensee by the requirement under sections 108AA to 108AE. S. 108B inserted by No. 92/2004 s. 29.