Tasmania act

Liquor Licensing Act 1990

In ForceTAS

Jurisdiction

Tasmania

Act Number

44 of 1990

Collection

act

Plain English Summary

7/10 complexity

This Act sets the rules for selling, supplying, promoting and consuming alcohol in Tasmania by creating licences, permits and exemptions, prescribing application and fee rules, and defining offences, penalties and enforcement powers. It requires decision‑makers to act to minimise liquor‑related harm and facilitate responsible industry development (s 2A). Licensees and permit holders pay application and annual fees and must comply with conditions, training and record‑keeping; police and the Commissioner enforce restrictions, barring orders and penalties.

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What it does

The Liquor Licensing Act 1990 (Tas) establishes the regulatory framework for the sale, supply, promotion and consumption of liquor in Tasmania. Section 2A(1) states the object is to minimise harm arising from the misuse of liquor by ensuring supply is carried out in the best interests of the community and does not, as far as practicable, detract from public amenity; restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and encouraging a culture of responsible consumption. It also aims to facilitate the responsible development of the liquor and hospitality industries consistently with the best interests of the community. Section 2A(2) imposes an obligation on any person exercising a function or power under the Act to do so in a manner that furthers that object. The Act achieves this through a comprehensive licensing and permit system that controls who may sell liquor, when, where and under what conditions. Section 5 creates the fundamental prohibition: a person must not sell liquor except as authorised by a liquor licence, a liquor permit or a general liquor exemption. The Commissioner for Licensing is the primary decision-maker (section 207), with appeals to the Tasmanian Gaming Commission (the Commission). The Act sets out five types of liquor licences (general licence, on-licence, off-licence, club licence, special licence) and five types of liquor permits (out-of-hours permit, on-permit, off-permit, special permit, small producer’s permit) in section 6. Each authorisation carries standard or tailored trading hours and conditions. The Act also provides for general liquor exemptions (section 16) and extension of opening hours for specific events (section 19). Beyond authorisation, the Act imposes extensive obligations on licensees and permit holders regarding responsible service, control of premises, prevention of nuisance and disorder, and restrictions on sales to minors and intoxicated persons. Disciplinary action, infringement notices and criminal penalties enforce compliance. The Act binds the Crown (section 4) and applies to all premises where liquor is sold, including means of transport (definition of ‘premises’ in section 3).

Current sections

Direct links to the current provisions in Liquor Licensing Act 1990.

291

Part 1

Preliminary

Part 1 Preliminary

Short title

1 Short title

[Section 1 Amended by No. 24 of 2004, s. 5, Applied:01 Jan 2005] This Act may be cited as the Liquor Licensing Act 1990 .

Commencement

2 Commencement

The provisions of this Act commence on a day to be proclaimed.

Object of Act

2A Object of Act

[Section 2A Inserted by No. 51 of 2015, s. 4, Applied:01 Sep 2016]

(1) The object of this Act is to regulate the sale, supply, promotion and consumption of liquor so as to –

(a) minimise harm arising from the misuse of liquor by –

(i) ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity; and

(ii) restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and

(iii) encouraging a culture of responsible consumption of liquor; and

(b) facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.

(2) It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the object set out in subsection (1) .

Interpretation

3 Interpretation

*[Section 3 Amended by No. 73 of 1994, s. 4 ]**[Section 3 Amended by No. 60 of 1994, s. 7 ]*In this Act, unless the contrary intention appears –[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] [Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] [Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

[Section 3 Amended by No. 40 of 2003, s. 4, Applied:15 Sep 2003] associate has a meaning given by section 3A ;

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008]

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] authorized officer – see section 209 ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] barring order means an order served or given under section 81(2) or (4) ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] best interests of the community means interests that are prescribed for the purposes of this definition;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015]

club licence means a liquor licence referred to in section 10 ;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] Commission has the same meaning as in the Gaming Control Act 1993 ;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] Commissioner means the Commissioner for Licensing appointed under section 207 ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] convicted includes found guilty, whether or not a conviction is recorded;

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] false document includes a document that –

(a) has been forged; or

(b) has been fraudulently altered; or

(c) belongs to a person other than the person in possession of it;

[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008]

general liquor exemption means a general liquor exemption published in accordance with section 16 ;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] hearing means a hearing under Division 2 of Part 5 ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] intoxicated – see section 3B ;

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

[Section 3 Amended by No. 75 of 1999, s. 4, Applied:24 Nov 1999] licence fee includes any supplementary or additional licence fee and any interest payable on any licence fee;

licensed premises means –

(a) premises specified in a liquor licence as premises on which liquor may be sold; and

(b) in respect of the holder of a liquor licence – the premises specified in the liquor licence –

and includes any part of those premises;

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] licensee means the holder of a liquor licence;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016]

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] liquor means –

(a) a beverage (other than a medicine) that –

(i) is intended for human consumption; and

(ii) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius; or

(b) any other substance that –

(i) is prescribed as liquor for the purposes of this definition; and

(ii) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] liquor licence means a valid licence granted under this Act that authorizes the sale of liquor;

liquor permit means a permit that authorizes the sale of liquor;

[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] liquor restriction order means an order made by the Commissioner in accordance with section 39 ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] meal means food that –

(a) is eaten by a person at a table, or fixed structure used as a table, with cutlery provided for the purpose of eating the food; and

(b) is of sufficient substance as to be ordinarily accepted as a meal;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003]

obtained includes produced;

off-licence means a liquor licence referred to in section 9 ;

off-permit means a liquor permit referred to in section 14 ;

on-licence means a liquor licence referred to in section 8 ;

on-permit means a liquor permit referred to in section 13 ;

out-of-hours permit means a liquor permit referred to in section 12 ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 ;

permit means a valid permit granted under this Act;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] permit holder means the holder of a liquor permit;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] permit premises means –

(a) premises specified in a special permit as premises on which liquor may be sold; and

(b) in respect of the holder of a special permit, the premises specified in the permit; and

(c) premises on which liquor may be sold under the authority of a small producer's permit; and

(d) in respect of the holder of a small producer's permit, the premises on which liquor may be sold under the authority of the permit –

and includes any part of those premises;

premises includes –

(a) land, whether or not covered by buildings; and

(b) any structure, whether or not attached to land; and

(c) a means of transport; and

(d) a part of premises;

records, in respect of a licensee, means the records kept by the licensee in accordance with this Act;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] resident, in relation to licensed premises, means a person who is able to provide evidence that he or she resides, or is staying overnight in, a part of the licensed premises that has been set aside for the purposes of accommodation;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] responsible adult means a person of or above the age of 18 years who, in relation to a person under the age of 18 years (the minor), belongs to one or more of the following classes of persons:

(a) a parent, step-parent or guardian of the minor;

(b) the spouse or partner of the minor;

(c) a person who, for the time being, has parental responsibility for the minor;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003]

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] restaurant means premises in which the principal activity is serving food for consumption on the premises;

sell means sell by wholesale or retail and includes –

(a) offer, display or expose for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) deal in or agree to sell; and

(e) supply, send, forward or deliver for sale or for or in expectation of receiving any payment or other consideration; and

(f) authorize, direct, cause, attempt or permit any act referred to in paragraphs (a) , (b) , (c) , (d) or (e) ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] small producer means a producer, or class of producers, that is prescribed for the purposes of this definition;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] small producer's permit means a liquor permit referred to in section 15A ;

special licence means a liquor licence referred to in section 11 ;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] special permit means a liquor permit referred to in section 15 ;

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003]

[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] [Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] Tasmanian wine means wine produced in Tasmania from fruit of which at least 85% is grown in Tasmania;

[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] vicinity, in relation to licensed premises or permit premises, means –

(a) within the distance prescribed for the purposes of this definition; or

(b) in the case of a barring order, within such distance of the premises, or within such area, as is specified by the police officer giving the barring order; or

(c) in the case of a police officer who requires a person to leave the premises, within such distance of the premises, or within such area, as is specified by the police officer.

[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005]

Meaning of "associate"

3A Meaning of "associate"

[Section 3A Inserted by No. 40 of 2003, s. 5, Applied:15 Sep 2003]

(1) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] For the purposes of this Act, a person is taken to be an associate of an applicant for a liquor licence or liquor permit, or of a licensee or permit holder if –

(a) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the person holds, or will hold, any relevant financial interest, or is, or will be, entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant, licensee or permit holder and, by virtue of that interest or power, is able, or will be able, to exercise a significant influence over, or with respect to, the management or operation of that business; or

(b) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the person holds, or will hold, any relevant position, whether in right of the person or on behalf of any other person, in the business of the applicant, licensee or permit holder; or

(c) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the person is a relative of the applicant, licensee or permit holder; or

(d) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the Commissioner is satisfied that the person could exercise a significant influence over the applicant, licensee or permit holder.

(2) In this section –

[Section 3A Subsection (2) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] relative means a spouse, partner, parent, child or sibling (whether full blood or half-blood);

relevant financial interest, in respect of a business, means –

(a) any share in the capital of the business; or

(b) any entitlement to receive any income derived from the business;

relevant position, in respect of a business, means –

(a) the position of director, manager or other executive position or secretary, however that position is designated in that business; or

(b) [Section 3A Subsection (2) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] if that business is conducted in premises in respect of which a liquor licence is in force, the licensee; or

(c) [Section 3A Subsection (2) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] if that business is conducted in premises in respect of which a permit is in force, the permit holder;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –

(a) to participate in a directorial, managerial or executive decision; or

(b) to elect or appoint any person to any relevant position.

Meaning of "intoxicated"

3B Meaning of "intoxicated"

[Section 3B Inserted by No. 51 of 2015, s. 7, Applied:01 Sep 2016] For the purposes of this Act, a person is intoxicated if –

(a) the person’s speech, balance, coordination or behaviour is noticeably affected; and

(b) it is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor or other substances.

Act to bind Crown

4 Act to bind Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

Part 2

Sale of liquor

Part 2 Sale of liquor

Division 1

Authorization to sell liquor

Division 1 Authorization to sell liquor

Liquor not to be sold except as authorized

5 Liquor not to be sold except as authorized

[Section 5 Amended by No. 51 of 2015, s. 8, Applied:01 Sep 2016] A person must not sell liquor except as authorized by–

(a) a liquor licence; or

(b) a liquor permit; or

(c) a general liquor exemption.

Penalty: Fine not exceeding 40 penalty units.

Types of liquor licences and permits

6 Types of liquor licences and permits

The Commissioner may grant –

(a) the following liquor licences:

(i) a general licence;

(ii) an on-licence;

(iii) an off-licence;

(iv) a club licence;

(v) a special licence; and

(b) the following liquor permits:

(i) an out-of-hours permit;

(ii) an on-permit;

(iii) an off-permit;

(iv) [Section 6 Amended by No. 51 of 2015, s. 9, Applied:01 Sep 2016] a special permit;

(v) [Section 6 Amended by No. 51 of 2015, s. 9, Applied:01 Sep 2016] a small producer's permit.

General licence

7 General licence

[Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] A general licence authorizes the sale of liquor–

(a) [Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on or off those premises; and

(b) [Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] at any time to a resident of the premises specified in the licence and any premises of which those premises form a part; and

(c) [Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] subject to any condition specified in the licence.

On-licence

8 On-licence

[Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] [Section 8 Substituted by No. 7 of 2008, s. 5, Applied:02 May 2008] An on-licence authorizes the sale of liquor –

(a) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on those premises; and

(b) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] at any time to –

(i) a resident of the premises specified in the licence for consumption on those premises; or

(ii) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] a resident of any premises of which the premises specified in the licence form a part for consumption on those premises; and

(c) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] subject to any condition specified in the licence.

Off-licence

9 Off-licence

[Section 9 Amended by No. 51 of 2015, s. 12, Applied:01 Sep 2016] [Section 9 Substituted by No. 40 of 2003, s. 6, Applied:15 Sep 2003] An off-licence authorizes the sale of liquor between 5 a.m. and midnight, on any day on the premises specified in the licence, for consumption off those premises, subject to any condition specified in the licence.

Club licence

10 Club licence

[Section 10 Substituted by No. 9 of 2002, s. 7, Applied:15 Sep 2003] A club licence –

(a) authorises the sale of liquor between 5a.m. and midnight on any day on the premises of the club specified in the licence to prescribed persons for consumption on or off those premises; and

(b) [Section 10 Amended by No. 51 of 2015, s. 13, Applied:01 Sep 2016] is subject to any condition specified in the licence.

Special licence

11 Special licence

A special licence authorizes the sale of liquor –

(a) between times; and

(b) on premises; and

(c) [Section 11 Amended by No. 51 of 2015, s. 14, Applied:01 Sep 2016] subject to any condition–

specified in the licence.

Out-of-hours permit

12 Out-of-hours permit

An out-of-hours permit authorizes the sale of liquor –

(a) on the licensed premises; and

(b) between the times (being times after midnight and before 5 a.m. on any day); and

(c) [Section 12 Amended by No. 51 of 2015, s. 15, Applied:01 Sep 2016] subject to any condition–

specified in the permit.

On-permit

13 On-permit

An on-permit authorizes the sale of liquor –

(a) on premises (being premises specified in an off-licence); and

(b) between any times; and

(c) [Section 13 Amended by No. 51 of 2015, s. 16, Applied:01 Sep 2016] subject to any condition–

specified in the permit for consumption on those premises.

Off-permit

14 Off-permit

An off-permit authorizes the sale of liquor –

(a) on premises (being premises specified in an on-licence); and

(b) between any times; and

(c) [Section 14 Amended by No. 51 of 2015, s. 17, Applied:01 Sep 2016] subject to any condition–

specified in the permit for consumption off those premises.

Special permit

15 Special permit

A special permit authorizes the sale of liquor –

(a) on premises; and

(b) between times; and

(c) [Section 15 Amended by No. 51 of 2015, s. 18, Applied:01 Sep 2016] subject to any condition–

specified in the permit.

15A

Small producer's permit

15A Small producer's permit

[Section 15A Inserted by No. 51 of 2015, s. 19, Applied:01 Sep 2016] A small producer's permit authorizes the sale of liquor by a small producer –

(a) at any premises approved by the Commissioner in writing to the permit holder; and

(b) subject to any condition specified in the permit.

General liquor exemptions

16 General liquor exemptions

(1) [Section 16 Subsection (1) amended by No. 9 of 2015, s. 5, Applied:12 Aug 2015] If the Commissioner is of the opinion that–

(a) the sale of liquor in a particular manner; or

(b) the sale of a particular class of liquor–

should not require to be authorized by a liquor licence or a liquor permit, the Commissioner may, by notice in the Gazette, grant a general liquor exemption which authorizes the sale of liquor in that manner or the sale of that particular class of liquor.

(2) A general liquor exemption shall –

(a) specify –

(i) the manner of sale of liquor; or

(ii) the class of liquor that may be sold –

that is authorized by the general exemption; and

(b) specify any condition to be complied with when liquor is sold in that manner or when that class of liquor is sold.

(3) If a condition specified in a general liquor exemption in accordance with subsection (2) (b) is not complied with the general liquor exemption is not authorization to sell liquor as specified in the exemption.

17.

[Section 17 Repealed by No. 9 of 2002, s. 8, Applied:15 Sep 2003]

Sale of liquor on premises to be otherwise lawful

18 Sale of liquor on premises to be otherwise lawful

A liquor licence, a liquor permit or a general liquor exemption does not authorize liquor to be sold on premises if the use of those premises for that purpose is otherwise unlawful.

Authorized opening hours may be extended generally on specific occasions, &c.

19 Authorized opening hours may be extended generally on specific occasions, &c.

(1) If, in respect of a specific event or occasion, the Commissioner considers it appropriate that the hours during which liquor is authorized to be sold on licensed premises by virtue of sections 7 (a) , 8 , 9 , 10 and 11 should generally be extended the Commissioner may, by notice in the Gazette, extend those hours.

(2) A notice published in accordance with subsection (1) shall –

(a) specify –

(i) the event or occasion in respect of which the extension is granted; and

(ii) the hours during which the extension is to apply; and

(iii) any condition which is to be complied with during the period of the extension; and

(b) specify whether the extension applies –

(i) throughout the State or to a specified part of the State; and

(ii) to all licensed premises or to a specified class of licensed premises.

(3) If a condition specified in a notice in accordance with subsection (2) (a) (iii) is not complied with the notice is not authorization to sell liquor during the period specified in the notice.

Effect of suspension of liquor licence

20 Effect of suspension of liquor licence

(1) A liquor licence that has been suspended in respect of all or any part of the premises specified in it is not authority for the sale of liquor on the premises or that part of the premises in respect of which the licence has been suspended during the period of suspension.

(2) [Section 20 Subsection (2) omitted by No. 75 of 1999, s. 5, Applied:24 Nov 1999] . . . . . . . .

Effect of failure to display liquor permit

21 Effect of failure to display liquor permit

A liquor permit is ineffective to authorize the sale of liquor on premises for the purpose of this Part unless it is displayed in a conspicuous position on the premises specified in it.

Division 2

Liquor licences

Division 2 Liquor licences

Qualifications for liquor licence

22 Qualifications for liquor licence

(1) [Section 22 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] [Section 22 Subsection (1) amended by No. 40 of 2003, s. 7, Applied:15 Sep 2003] [Section 22 Subsection (1) substituted by No. 7 of 2008, s. 6, Applied:02 May 2008] A person is qualified to be granted a liquor licence if –

(a) he or she is a natural person who has attained the age of 18 years; and

(b) the Commissioner is satisfied that the person is a fit and proper person to be a licensee; and

(c) the Commissioner is satisfied that the person will be able to exercise effective control over the service, and any consumption, of liquor on the premises for which the licence is sought; and

(d) the person has successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor or has satisfied the Commissioner that the person has the necessary knowledge, experience and competency.

(1A) [Section 22 Subsection (1A) amended by No. 51 of 2015, s. 20, Applied:01 Sep 2016] [Section 22 Subsection (1A) inserted by No. 7 of 2008, s. 6, Applied:02 May 2008] However, a person is not qualified to be granted a liquor licence if the Commissioner reasonably suspects that any associate of the person who is a natural person and likely to have any influence over the management of the business to be carried on under licence is not a fit and proper person to be an associate of a licensee.

(2) [Section 22 Subsection (2) substituted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] For the purposes of this section, the Commissioner may take into account, having regard to the type of liquor licence applied for and the premises in respect of which it is sought, the knowledge, experience and competency of the applicant in respect of the service of liquor and the conduct and management of licensed premises.

(3) [Section 22 Subsection (3) amended by No. 24 of 2004, s. 7, Applied:01 Jan 2005] [Section 22 Subsection (3) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] If it appears to the Commissioner that it is not practicable to require an applicant for a liquor licence to have successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor at the time when the licence is granted, the Commissioner may make the grant of the licence subject to a condition that the holder is to successfully complete the course or traineeship within such period as the Commissioner may direct.

(4) [Section 22 Subsection (4) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] The Commissioner may, if satisfied that it is not contrary to the public interest to do so, exempt an applicant for a special licence from the requirement in subsection (1)(d) .

Application for liquor licence

23 Application for liquor licence

(1) An application for a liquor licence shall –

(a) be made on a form approved or provided for the purpose by the Commissioner; and

(b) be accompanied by any prescribed application fee; and

(c) be made at least 28 days before the licence is to take effect, or such lesser period as the Commissioner may agree.

(2) [Section 23 Subsection (2) amended by No. 7 of 2008, s. 7, Applied:02 May 2008] The Commissioner may require an applicant for a liquor licence to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises and information about any associates) as the Commissioner considers necessary for a proper consideration of the application.

(3) [Section 23 Subsection (3) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] An applicant for a liquor licence is to give public notice of the application.

(4) [Section 23 Subsection (4) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] A public notice is to –

(a) be in a form approved by the Commissioner; and

(b) contain a statement that representations in respect of the application may be made; and

(c) [Section 23 Subsection (4) amended by No. 24 of 2004, s. 8, Applied:01 Jan 2005] be placed in a prominent position on the premises in respect of which the liquor licence is sought, if the Commissioner so directs; and

(d) be published in a daily newspaper circulating in the area in which the premises are situated, if the Commissioner so directs.

(5) [Section 23 Subsection (5) amended by No. 7 of 2008, s. 7, Applied:02 May 2008] [Section 23 Subsection (5) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] The Commissioner is to make available on request a copy of an application.

(6) [Section 23 Subsection (6) inserted by No. 51 of 2015, s. 21, Applied:01 Sep 2016] The Commissioner, in his or her discretion, may waive or refund all or part of a prescribed application fee payable under this section in any circumstances he or she considers appropriate.

23A

Representations relating to liquor licences

23A Representations relating to liquor licences

[Section 23A Inserted by No. 9 of 2002, s. 11, Applied:15 Sep 2003]

(1) A person may make a written representation to the Commissioner in respect of an application for a liquor licence.

(2) A representation is to be made within 14 days after whichever of the following is the later:

(a) a public notice is placed according to section 23(4)(c) ;

(b) a public notice is published in accordance with section 23(4)(d) .

(3) [Section 23A Subsection (3) omitted by No. 9 of 2015, s. 6, Applied:12 Aug 2015] . . . . . . . .

Consideration of application for liquor licence

24 Consideration of application for liquor licence

(1) After receiving an application for a liquor licence the Commissioner shall satisfy himself or herself that the applicant is qualified to hold the licence applied for.

(1A) [Section 24 Subsection (1A) inserted by No. 7 of 2008, s. 8, Applied:02 May 2008] The Commissioner may make such inquiries regarding an application for a liquor licence as the Commissioner considers necessary or expedient for a proper consideration of the application.

(1B) [Section 24 Subsection (1B) inserted by No. 7 of 2008, s. 8, Applied:02 May 2008] Without limiting the generality of subsections (1) and (1A) , the Commissioner may –

(a) forward a copy of an application for a liquor licence to the Commissioner of Police; and

(b) request the Commissioner of Police to provide a report as to whether, in the opinion of the Commissioner of Police –

(i) the applicant is a fit and proper person to be a licensee; and

(ii) any associate of the applicant who is a natural person and likely to have any influence over the management of the business to be carried on under the licence is a fit and proper person to be an associate of a licensee.

(2) [Section 24 Subsection (2) amended by No. 9 of 2002, s. 12, Applied:15 Sep 2003] [Section 24 Subsection (2) substituted by No. 9 of 2015, s. 7, Applied:12 Aug 2015] If the Commissioner is satisfied that an applicant for a liquor licence is qualified under section 22 to hold the licence, the Commissioner –

(a) is to consider the application; or

(b) [Section 24 Subsection (2) amended by No. 51 of 2015, s. 22, Applied:01 Sep 2016] if of the opinion it is in the public interest to refer the application to the Commission, is to, within 30 days after public notice of the application is given under section 23(3) , refer the application and any representations made under section 23A to the Commission for a hearing.

(2A) [Section 24 Subsection (2A) inserted by No. 9 of 2015, s. 7, Applied:12 Aug 2015] As soon as practicable after referring an application to the Commission under subsection (2) (b), the Commissioner is to provide the applicant with written notice of that referral.

(3) *[Section 24 Subsection (3) amended by No. 46 of 1991, s. 5 and Sched. 3 ]*The Commissioner is not required to take any action in respect of an application for a liquor licence if –

(a) the prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 23 (2) have not been supplied.

(4) [Section 24 Subsection (4) amended by No. 24 of 2004, s. 9, Applied:01 Jan 2005] If the Commissioner is not satisfied that the applicant is qualified to hold the liquor licence applied for the Commissioner shall–

(a) notify the applicant accordingly; and

(b) [Section 24 Subsection (4) amended by No. 9 of 2015, s. 7, Applied:12 Aug 2015] inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.

24A

Requirements for licence

24A Requirements for licence

[Section 24A Inserted by No. 40 of 2003, s. 8, Applied:15 Sep 2003]

(1) [Section 24A Subsection (1) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] [Section 24A Subsection (1) amended by No. 24 of 2004, s. 10, Applied:01 Jan 2005] In considering an application for a liquor licence, the Commissioner or the Commission must make a decision which, in the opinion of the Commissioner or the Commission, is in the best interests of the community.

(2) [Section 24A Subsection (2) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] In considering an application for an off-licence, the Commissioner or the Commission must be satisfied that the principal activity to be carried on at the premises will be the sale of liquor.

(3) [Section 24A Subsection (3) amended by No. 51 of 2015, s. 23, Applied:01 Sep 2016] [Section 24A Subsection (3) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] In considering an application for an on-licence in respect of premises operating as a restaurant, the Commissioner or the Commission must be satisfied that the premises are, or are intended to be, used as a restaurant.

24B

Updating of licence application

24B Updating of licence application

[Section 24B Inserted by No. 51 of 2015, s. 24, Applied:01 Sep 2016]

(1) If a change occurs in the information provided in, or in connection with, an application for a liquor licence (including in any documents lodged with the application) before the application is determined, the applicant must give the Commissioner written particulars of the change as soon as is reasonably practicable.

(2) If particulars of a change are given, those particulars form part of the original application.

Grant of licence

25 Grant of licence

[Section 25 Subsection (1) amended by No. 75 of 1999, s. 6, Applied:24 Nov 1999] [Section 25 Subsection (1) amended by No. 37 of 2004, s. 4, Applied:01 Jan 2005] [Section 25 Substituted by No. 9 of 2015, s. 9, Applied:12 Aug 2015]

(1) If the Commissioner decides to grant a liquor licence, or the Commission directs the Commissioner to grant a liquor licence under section 214(1)(a)(i) , the Commissioner must –

(a) inform the applicant accordingly; and

(b) request the applicant to pay –

(i) any prescribed fee payable on the grant of a liquor licence; and

(ii) the annual liquor licence fee payable under section 26A .

(2) The Commissioner must not grant a liquor licence until the fees specified in subsection (1) (b) have been paid.

(3) [Section 25 Subsection (3) inserted by No. 51 of 2015, s. 25, Applied:01 Sep 2016] The Commissioner, in his or her discretion, may waive all or part of a prescribed fee payable on the grant of a liquor licence in any circumstances he or she considers appropriate.

25A

Restriction on grant of licence in connection with supermarket

25A Restriction on grant of licence in connection with supermarket

[Section 25A Inserted by No. 64 of 1995, s. 4 ][Section 25A Amended by No. 9 of 2015, s. 10, Applied:12 Aug 2015] A liquor licence must not be granted in connection with the activities of a supermarket.

25B

Conditions of licence

25B Conditions of licence

[Section 25B Inserted by No. 51 of 2015, s. 26, Applied:01 Sep 2016]

(1) The Commissioner may grant a liquor licence subject to such conditions as the Commissioner thinks fit.

(2) The holder of a liquor licence must comply with the conditions of that licence.

Penalty: Fine not exceeding 20 penalty units.

25C

Variation of conditions of licence by Commissioner

25C Variation of conditions of licence by Commissioner

[Section 25C Inserted by No. 51 of 2015, s. 26, Applied:01 Sep 2016]

(1) Subject to subsection (2), the Commissioner may, by written notice served on the licensee, vary the conditions of a liquor licence on the Commissioner's own motion by doing one or more of the following:

(a) omitting a condition;

(b) amending or substituting a condition;

(c) adding a condition.

(2) The Commissioner must not add a new condition under subsection (1)(c) to a general licence, an on-licence, an off-licence or a club licence, if that licence was granted before the commencement of section 24 of the Liquor Licensing Amendment Act 2015.

(3) If the Commissioner varies a condition under subsection (1) , the Commissioner is to notify the licensee of –

(a) the variation; and

(b) the reason for the variation; and

(c) the date on which the variation takes effect; and

(d) the licensee's right to appeal to the Commission against the variation.

(4) The Commissioner is to give the licensee at least 14 days' notice of the variation unless satisfied that, because of special circumstances, the variation should be effected more urgently.

25D

Variation of conditions of licence by application

25D Variation of conditions of licence by application

[Section 25D Inserted by No. 51 of 2015, s. 26, Applied:01 Sep 2016]

(1) The Commissioner may vary the conditions of a liquor licence on the application of a licensee by doing one or more of the following:

(a) omitting a condition;

(b) amending or substituting a condition;

(c) adding a condition.

(2) The application must be –

(a) made on a form approved or provided for the purpose by the Commissioner; and

(b) accompanied by any prescribed application fee.

(3) The Commissioner may require the applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.

(4) After considering the application, the Commissioner is to –

(a) approve or refuse the variation; and

(b) inform the applicant accordingly.

(5) In the case of a refusal, the Commissioner is also to inform the applicant of the applicant's right to appeal to the Commission against the refusal.

Duration of liquor licence

26 Duration of liquor licence

A liquor licence is valid from the date specified in it until it is terminated in accordance with this Act.

26A

Annual liquor licence fees

26A Annual liquor licence fees

[Section 26A Inserted by No. 37 of 2004, s. 5, Applied:01 Jan 2005]

(1) The person to whom a liquor licence is to be granted must pay the prescribed annual liquor licence fee to the Commissioner on the grant of the licence.

(2) A licensee must pay the prescribed annual liquor licence fee to the Commissioner on or before 31 March in each year.

(3) The prescribed annual liquor licence fee relates to the period of 12 months starting on 1 January each year.

(4) The Commissioner may reduce the prescribed annual liquor licence fee proportionately where a liquor licence is granted on a day other than 1 January.

(5) Where a liquor licence is surrendered under section 30 , the Commissioner may refund a proportion of the prescribed annual liquor licence fee.

(6) The Commissioner is to notify the holder of a liquor licence of the prescribed annual liquor licence fee payable in respect of the liquor licence.

(7) If a licensee fails to pay the prescribed annual liquor licence fee payable under this section by 31 March in a particular year, the licensee is to pay an additional fee of 10% of the amount due for payment.

(8) [Section 26A Subsection (8) inserted by No. 51 of 2015, s. 27, Applied:01 Sep 2016] The Commissioner, in his or her discretion, may waive all or part of a prescribed annual liquor licence fee payable in respect of a liquor licence in any circumstances he or she considers appropriate.

Liquor licence not transferable without approval

27 Liquor licence not transferable without approval

(1) A liquor licence cannot be transferred to another person without the approval of the Commissioner.

(2) If an attempt is made to transfer the benefit of a liquor licence to another person without the approval of the Commissioner the licence is suspended with effect from the date of the attempted transfer.

(3) The suspension of a liquor licence under subsection (2) ends if and when –

(a) the Commissioner approves a transfer of the licence; or

(b) the licensee informs the Commissioner that the attempted transfer has been rescinded.

Application for transfer of liquor licence

28 Application for transfer of liquor licence

[Section 28 Substituted by No. 51 of 2015, s. 28, Applied:01 Sep 2016]

(1) A licensee may apply to the Commissioner for approval to transfer a liquor licence to another person (the transferee).

(2) An application under subsection (1) must be –

(a) made on a form approved or provided for the purpose by the Commissioner; and

(b) accompanied by any prescribed fee; and

(c) made at least 28 days before the day on which the transfer is to take effect, or such shorter period as the Commissioner may determine.

(3) In considering an application under subsection (1) , the Commissioner may require the applicant or the transferee to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises and information about any associates of the transferee) as the Commissioner considers necessary for a proper consideration of the application.

(4) The Commissioner may make such inquiries regarding an application for the transfer of a liquor licence as the Commissioner considers necessary or expedient for a proper consideration of the application.

(5) Without limiting the generality of subsection (4) , the Commissioner may –

(a) forward a copy of an application for the transfer of a liquor licence to the Commissioner of Police; and

(b) request the Commissioner of Police to provide a report as to whether, in the opinion of the Commissioner of Police –

(i) the transferee is a fit and proper person to be a licensee; and

(ii) any associate of the transferee who is a natural person and likely to have any influence over the management of the business to be carried on under the licence is a fit and proper person to be an associate of a licensee.

Decision of Commissioner on consideration of application to transfer a liquor licence

29 Decision of Commissioner on consideration of application to transfer a liquor licence

(1) After considering an application for the transfer of a liquor licence, the Commissioner shall –

(a) approve the transfer; or

(b) refuse to approve the transfer –

and shall inform the applicant accordingly.

(1A) [Section 29 Subsection (1A) inserted by No. 51 of 2015, s. 29, Applied:01 Sep 2016] The Commissioner must not approve the transfer of a liquor licence unless the Commissioner is satisfied that the person to whom the licence is proposed to be transferred is qualified to be granted a liquor licence under section 22 .

(2) [Section 29 Subsection (2) amended by No. 51 of 2015, s. 29, Applied:01 Sep 2016] [Section 29 Subsection (2) amended by No. 9 of 2015, s. 11, Applied:12 Aug 2015] If the Commissioner refuses to approve the transfer of a liquor licence the Commissioner must, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.

Surrender of liquor licence

30 Surrender of liquor licence

(1) A liquor licence may be surrendered to the Commissioner at any time.

(2) A surrender may relate to –

(a) all or any part of the licensed premises; or

(b) all or any of the activities authorized by the licence.

(3) Where a surrender relates to –

(a) part of the licensed premises; or

(b) any of the activities authorized by the licence –

the Commissioner shall amend the liquor licence accordingly.

30A

Interim authority to act as licensee

30A Interim authority to act as licensee

[Section 30A Inserted by No. 73 of 1994, s. 5 ]

(1) In this section, absent licensee means a licensee who –

(a) [Section 30A Subsection (1) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 30A Subsection (1) amended by No. 24 of 2004, s. 11, Applied:01 Jan 2005] is unable or unwilling to continue exercising effective control over the sale and consumption of liquor on the licensed premises for the remainder of the term of the liquor licence; and

(b) is not exercising such control over the sale and consumption of liquor on those licensed premises.

(2) A person may apply to the Commissioner for an authority to act as licensee of licensed premises if the holder of a general licence, on-licence, off-licence, club licence or special licence in respect of those licensed premises is an absent licensee.

(3) An application is to be –

(a) in a form approved or provided by the Commissioner; and

(b) accompanied by any prescribed application fee.

(4) The Commissioner may require an applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.

(5) On receipt of an application, the Commissioner –

(a) may issue an authority to act as licensee to the applicant; or

(b) may refuse to issue such an authority to the applicant.

(6) The Commissioner must not issue an authority to act as licensee to an applicant unless the Commissioner is satisfied that the applicant –

(a) [Section 30A Subsection (6) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is a natural person who has attained the age of 18 years; and

(b) [Section 30A Subsection (6) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] will be able to exercise effective control over the sale and consumption of liquor on the premises in respect of which the authority is sought.

(7) On determining whether or not to issue an authority to act as licensee to an applicant, the Commissioner must notify the applicant, in writing, of that determination.

(8) The Commissioner may cancel an authority to act as licensee at any time.

(9) An authority to act as licensee has effect for the period commencing on the day specified in it and ending on the earlier of the following days:

(a) the day the liquor licence held by the absent licensee in respect of the premises to which the authority relates is transferred;

(b) the day the authority is cancelled.

(10) Except for the purposes of sections 27 , 28 , 29 and 30 , during the term of an authority to act as licensee in respect of licensed premises –

(a) the holder of the authority is taken to be the holder of the liquor licence relating to those premises; and

(b) any permit in force in respect of the licensed premises immediately before the issue of the authority continues in force and the holder of the authority is taken to be the holder of the permit; and

(c) the person who, immediately before the issue of the authority, held that licence and any such permit is taken not to be the holder of that licence and any such permit.

(11) [Section 30A Subsection (11) omitted by No. 51 of 2015, s. 30, Applied:01 Sep 2016] . . . . . . . .

Division 3

Liquor permits

Division 3 Liquor permits

Qualifications for liquor permit

31 Qualifications for liquor permit

(1) A person is not qualified to be granted a liquor permit unless the person is a natural person who –

(a) [Section 31 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] has attained the age of 18 years; and

(b) [Section 31 Subsection (1) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] has satisfied the Commissioner that the person will be able to exercise effective control over the sale and any consumption of liquor on the premises in respect of which the permit is sought.

(1A) [Section 31 Subsection (1A) inserted by No. 51 of 2015, s. 31, Applied:01 Sep 2016] A person is also not qualified to be granted a liquor permit if the Commissioner reasonably suspects that –

(a) the person is not a fit and proper person to be a permit holder; or

(b) any associate of the person who is a natural person and likely to have any influence over the management of the business to be carried on under the permit is not a fit and proper person to be an associate of a permit holder.

(2) An out-of-hours permit, an off-permit or an on-permit can only be held by the licensee of the licensed premises to which the permit relates.

Application for liquor permit

32 Application for liquor permit

(1) An application for a liquor permit –

(a) shall be made on a form provided or approved for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed fee; and

(c) shall be made at least 7 days before the permit is to take effect, or such lesser period as the Commissioner may agree.

(2) [Section 32 Subsection (2) amended by No. 51 of 2015, s. 32, Applied:01 Sep 2016] The Commissioner may require an applicant for a liquor permit to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises and information about any associates) as the Commissioner considers necessary for a proper consideration of the application.

Consideration of application for liquor permit

33 Consideration of application for liquor permit

(1) After considering an application for a liquor permit the Commissioner shall –

(a) grant the permit; or

(b) refuse to grant the permit –

and shall inform the applicant accordingly.

(2) [Section 33 Subsection (2) amended by No. 9 of 2015, s. 12, Applied:12 Aug 2015] If the Commissioner refuses to grant a liquor permit the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.

(3) The Commissioner shall not grant a liquor permit unless the Commissioner is satisfied that the applicant is qualified to hold the permit.

(3A) [Section 33 Subsection (3A) inserted by No. 7 of 2008, s. 9, Applied:02 May 2008] The Commissioner may make such inquiries regarding an application for a liquor permit as the Commissioner considers necessary or expedient for a proper consideration of the application.

(3B) [Section 33 Subsection (3B) inserted by No. 51 of 2015, s. 33, Applied:01 Sep 2016] Without limiting the generality of subsection (3A) , the Commissioner may –

(a) forward a copy of an application for a liquor permit to the Commissioner of Police; and

(b) request the Commissioner of Police to provide a report as to whether, in the opinion of the Commissioner of Police –

(i) the applicant is a fit and proper person to be a permit holder; and

(ii) any associate of the applicant who is a natural person and likely to have any influence over the management of the business to be carried on under the permit is a fit and proper person to be an associate of a permit holder.

(4) The Commissioner is not required to take any action in respect of an application for a liquor permit if –

(a) any prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 32 (2) have not been supplied.

33A

Updating of permit application

33A Updating of permit application

[Section 33A Inserted by No. 51 of 2015, s. 34, Applied:01 Sep 2016]

(1) If a change occurs in the information provided in, or in connection with, an application for a liquor permit (including in any documents lodged with the application) before the application is determined, the applicant must give the Commissioner written particulars of the change as soon as is reasonably practicable.

(2) If particulars of a change are given, those particulars form part of the original application.

Requirements for permits

34 Requirements for permits

[Section 34 Substituted by No. 40 of 2003, s. 9, Applied:15 Sep 2003]

(1) [Section 34 Subsection (1) amended by No. 51 of 2015, s. 35, Applied:01 Sep 2016] In considering an application for a liquor permit, the Commissioner must make a decision which, in his or her opinion, is in the best interests of the community.

(2) The Commissioner must not grant an out-of-hours permit in respect of licensed premises unless the licensee satisfies the Commissioner that the sale of liquor on those premises in accordance with the permit sought would not –

(a) cause undue annoyance or disturbance to –

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) [Section 34 Subsection (2) amended by No. 51 of 2015, s. 35, Applied:01 Sep 2016] people conducting or attending religious services or attending a school in the neighbourhood of the premises; or

(b) cause the occurrence of disorderly conduct –

(i) in the premises; or

(ii) in the neighbourhood of the premises.

34A

Conditions of permit

34A Conditions of permit

[Section 34A Inserted by No. 51 of 2015, s. 36, Applied:01 Sep 2016]

(1) The Commissioner may grant a liquor permit subject to such conditions as the Commissioner thinks fit.

(2) The holder of a liquor permit must comply with the conditions of that permit.

Penalty: Fine not exceeding 20 penalty units.

34B

Variation of conditions of permit by Commissioner

34B Variation of conditions of permit by Commissioner

[Section 34B Inserted by No. 51 of 2015, s. 36, Applied:01 Sep 2016]

(1) The Commissioner may, by written notice served on the permit holder, vary the conditions of a liquor permit on the Commissioner's own motion by doing one or more of the following:

(a) omitting a condition;

(b) amending or substituting a condition;

(c) adding a condition.

(2) If the Commissioner varies a condition under subsection (1) , the Commissioner is to notify the permit holder of –

(a) the variation; and

(b) the reason for the variation; and

(c) the date on which the variation takes effect; and

(d) the permit holder's right to appeal to the Commission against the variation.

(3) The Commissioner is to give the permit holder at least 14 days' notice of the variation unless satisfied that, because of special circumstances, the variation should be effected more urgently.

34C

Variation of conditions of permit by application

34C Variation of conditions of permit by application

[Section 34C Inserted by No. 51 of 2015, s. 36, Applied:01 Sep 2016]

(1) The Commissioner may vary the conditions of a liquor permit on the application of a permit holder by doing one or more of the following:

(a) omitting a condition;

(b) amending or substituting a condition;

(c) adding a condition.

(2) The application must be –

(a) made on a form approved or provided for the purpose by the Commissioner; and

(b) accompanied by any prescribed application fee.

(3) The Commissioner may require the applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.

(4) After considering the application, the Commissioner is to –

(a) approve or refuse the variation; and

(b) inform the applicant accordingly.

(5) In the case of a refusal, the Commissioner is also to inform the applicant of the applicant's right to appeal to the Commission against the refusal.

Duration of liquor permit

35 Duration of liquor permit

(1) A liquor permit is valid during the period specified in it but may be terminated at any time in accordance with this Part.

(2) An out-of-hours permit, an off-permit or an on-permit –

(a) [Section 35 Subsection (2) amended by No. 24 of 2004, s. 12, Applied:01 Jan 2005] is suspended if the liquor licence of the licensee to whom the permit was granted is suspended; and

(b) [Section 35 Subsection (2) amended by No. 24 of 2004, s. 12, Applied:01 Jan 2005] is cancelled if the liquor licence of the licensee to whom the permit was granted is cancelled.

(3) While a permit is suspended it is not authority for the sale of liquor in accordance with the permit.

Liquor permit not transferable

36 Liquor permit not transferable

(1) A liquor permit is not transferable.

(2) If an attempt is made to transfer the benefit of a liquor permit the permit is cancelled with effect from the date of the attempted transfer.

Cancellation of an on-permit, off-permit, small producer's permit or special permit

37 Cancellation of an on-permit, off-permit, small producer's permit or special permit

(1) [Section 37 Subsection (1) amended by No. 51 of 2015, s. 37, Applied:01 Sep 2016] [Section 37 Subsection (1) amended by No. 51 of 2015, s. 37, Applied:01 Sep 2016] The Commissioner may cancel an on-permit, an off-permit, a small producer's permit or a special permit at any time if the Commissioner is satisfied that it is in the public interest to do so.

(2) The cancellation of a permit has effect when notice of the cancellation is served on the person to whom the permit was granted.

Surrender of liquor permit

38 Surrender of liquor permit

The holder of a liquor permit may surrender the permit to the Commissioner at any time.

Division 4

Restrictions and controls on sale of liquor

Division 4 Restrictions and controls on sale of liquor

38A

Prohibition of sale of undesirable liquor products

38A Prohibition of sale of undesirable liquor products

[Section 38A Inserted by No. 51 of 2015, s. 38, Applied:01 Sep 2016]

(1) The Minister, by notice, may declare a specified liquor product, or class of liquor products, to be an undesirable liquor product if the Minister is satisfied that it is in the public interest to do so.

(2) The Minister is to publish notice of a declaration under subsection (1) –

(a) in the Gazette; and

(b) in a newspaper generally circulating in Tasmania.

(3) A declaration under subsection (1) takes effect from the date of publication of the notice in the Gazette or from such later date as is specified in that notice.

(4) A person must not sell a liquor product, or liquor product that is part of a class of liquor products, that is declared under subsection (1) to be an undesirable liquor product.

Penalty: Fine not exceeding 50 penalty units.

(5) A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell liquor on the licensed premises or permit premises sells a liquor product, or liquor product that is part of a class of liquor products, that is declared under subsection (1) to be an undesirable liquor product.

Penalty: Fine not exceeding 100 penalty units.

(6) A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .

Liquor restriction orders

39 Liquor restriction orders

(1) [Section 39 Subsection (1) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015] [Section 39 Subsection (1) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015] [Section 39 Subsection (1) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005] The Commissioner may, by order served on a licensee, prohibit or restrict all or any of the activities authorized to be carried on on the licensed premises under the authority of a liquor licence if the Commissioner is satisfied that it is necessary to do so on the grounds that–

(a) the use of the premises as authorized by the licence is causing undue annoyance or disturbance to–

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) people attending or in charge of people attending an educational establishment in the neighbourhood of the premises; or

(iv) people conducting or attending religious services in the neighbourhood of the premises; or

(b) to do so will reduce or avoid the occurrence of disorderly conduct–

(i) in the premises; or

(ii) in the neighbourhood of the premises.

(2) An order under subsection (1) may –

(a) restrict generally the hours during which liquor is authorized to be sold or consumed on the licensed premises; or

(b) prohibit, restrict or impose conditions on the exercise of all or any of the activities authorized by the licence.

(3) [Section 39 Subsection (3) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005] While an order made under subsection (1) is in effect in respect of premises the liquor licence granted in respect of those premises is not authority for–

(a) the sale of liquor during any hours specified in the order as hours when liquor is not authorized to be sold on the premises; or

(b) any activity authorized by the licence unless any conditions imposed on the exercise of that activity by the order are being observed.

(4) [Section 39 Subsection (4) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order made under subsection (1) has effect for such period (not exceeding 1 year) as is specified in it but may be revoked at any time by the Commissioner.

(5) [Section 39 Subsection (5) substituted by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order under subsection (1) may be made as a result of –

(a) an investigation carried out following complaints made to the Commissioner; or

(b) a report received from an authorized officer.

(6) [Section 39 Subsection (6) inserted by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order under subsection (1) is to inform the licensee of the licensee's right to appeal to the Commission against the making of the order.

Written notice

40 Written notice

[Section 40 Subsection (1) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Subsection (1A) inserted by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Subsection (2) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Subsection (2) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Subsection (3) amended by No. 9 of 2015, s. 14, Applied:12 Aug 2015] [Section 40 Subsection (3) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Subsection (3) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Substituted by No. 51 of 2015, s. 39, Applied:01 Sep 2016]

(1) The Commissioner may serve a written notice on a licensee or permit holder requiring the licensee or permit holder to comply with a direction specified in the notice.

(2) If a licensee or permit holder referred to in subsection (1) fails to comply with a direction within the period specified in the notice, the Commissioner may take disciplinary action against the licensee or permit holder in accordance with section 100 .

41.

42.

Conditions – liquor

43 Conditions – liquor

[Section 43 Amended by No. 51 of 2015, s. 40, Applied:01 Sep 2016] The conditions to which a liquor licence or liquor permit may be subject include, but are not limited to, all or any of the following:

(a) the type of liquor that may be sold;

(b) the quantity of liquor that may be sold either to each person, during a specified period, or in total;

(c) the containers in which liquor may be sold;

(d) the area of the premises on which liquor may be sold or consumed;

(e) the services to be provided while liquor is being sold or consumed;

(f) the entertainment to be provided while liquor is being sold or consumed;

(g) the staff to be employed both before and after the time that liquor is sold or consumed and during the time liquor is being sold or consumed, and the qualifications and duties of that staff;

(h) the measures to be taken to suppress or limit noise and disturbances.

44.

[Section 44 Subsection (1) amended by No. 73 of 1994, s. 7 ] [Section 44 Subsection (1A) inserted by No. 73 of 1994, s. 7 ] [Section 44 Repealed by No. 75 of 1999, s. 7, Applied:24 Nov 1999] [Section 44 Subsection (5) amended by No. 9 of 2015, s. 17, Applied:12 Aug 2015] [Section 44 Repealed by No. 51 of 2015, s. 41, Applied:01 Sep 2016]

45.

[Section 45 Repealed by No. 75 of 1999, s. 7, Applied:24 Nov 1999] [Section 45 Subsection (2) amended by No. 9 of 2015, s. 18, Applied:12 Aug 2015] [Section 45 Subsection (3) amended by No. 9 of 2015, s. 18, Applied:12 Aug 2015] [Section 45 Repealed by No. 51 of 2015, s. 41, Applied:01 Sep 2016]

Division 5

Obligations of licensees and permit holders

Division 5 Obligations of licensees and permit holders

[Division 5 of Part 2 Heading amended by No. 51 of 2015, s. 42, Applied:01 Sep 2016]

Licensees and permit holders to retain control on sale and consumption of liquor

46 Licensees and permit holders to retain control on sale and consumption of liquor

[Section 46 Amended by No. 40 of 2003, s. 12, Applied:15 Sep 2003] [Section 46 Amended by No. 51 of 2015, s. 43, Applied:01 Sep 2016] A licensee or permit holder must ensure that the business carried on on the licensed premises or permit premises is carried on in such a way that the licensee or permit holder can exercise effective control over the sale and any consumption of liquor on the premises.

Penalty: [Section 46 Amended by No. 51 of 2015, s. 44, Applied:01 Sep 2016] Fine not exceeding 50 penalty units.

46A

Licensees and permit holders to ensure responsible sale and service of liquor

46A Licensees and permit holders to ensure responsible sale and service of liquor

[Section 46A Inserted by No. 40 of 2003, s. 13, Applied:15 Sep 2003] [Section 46A Substituted by No. 7 of 2008, s. 14, Applied:02 May 2008]

(1) [Section 46A Subsection (1) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] A licensee must not allow a person to sell or serve liquor on the licensed premises unless the person –

(a) has successfully completed an approved course; or

(b) has been an employee of the licensee for, in aggregate, less than 3 months and is –

(i) undertaking an approved course; or

(ii) formally enrolled in an approved course that is scheduled to start within 3 months from the day on which the person is permitted to serve the liquor.

Penalty: [Section 46A Subsection (1) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

(1A) [Section 46A Subsection (1A) inserted by No. 51 of 2015, s. 45, Applied:01 Sep 2016] An applicant for a liquor permit or a permit holder must successfully complete an approved course, if the Commissioner so directs.

Penalty: Fine not exceeding 20 penalty units.

(2) [Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] [Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] To demonstrate compliance with subsection (1) or (1A) , a licensee or permit holder must –

(a) [Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] [Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] keep such records on the licensed premises or permit premises as the Commissioner, by written notice served on the licensee or permit holder, may from time to time require; and

(b) produce all or any those records to the Commissioner or an authorized officer on demand.

(3) The Commissioner may exempt the holder of a special licence from the requirements of this section if satisfied that it is not against the public interest to do so.

(4) In this section –

approved course means a course of instruction or training in the service of liquor, approved by the Commissioner;

employee includes a person engaged under a contract for services.

46B

Licensees and permit holders to ensure seller and server of liquor meets minimum age requirements

46B Licensees and permit holders to ensure seller and server of liquor meets minimum age requirements

[Section 46B Inserted by No. 51 of 2015, s. 46, Applied:01 Sep 2016] A licensee or permit holder must not allow a person to sell or serve liquor on the licensed premises or permit premises if that person does not meet the minimum age requirement prescribed for the purposes of this section.

Penalty: Fine not exceeding 50 penalty units.

46C

Sale and consumption of liquor not to cause undue annoyance, disturbance or disorderly conduct, &c.

46C Sale and consumption of liquor not to cause undue annoyance, disturbance or disorderly conduct, &c.

[Section 46C Inserted by No. 51 of 2015, s. 46, Applied:01 Sep 2016] A licensee or permit holder must ensure that the sale and consumption of liquor on the licensed premises or the permit premises does not –

(a) cause undue annoyance or disturbance to –

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) people conducting or attending religious services or attending a school in the neighbourhood of the premises; or

(iv) people lawfully on the premises; or

(b) cause the occurrence of disorderly conduct –

(i) in the premises; or

(ii) in the neighbourhood of the premises.

Penalty: Fine not exceeding 50 penalty units.

46D

Sale of liquor through internet or by other communication media

46D Sale of liquor through internet or by other communication media

[Section 46D Inserted by No. 51 of 2015, s. 46, Applied:01 Sep 2016]

(1) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order must cause the licence number to be prominently displayed in any advertisement or information published, whether in writing or electronically, in connection with such sales.

Penalty:  Fine not exceeding 20 penalty units.

(2) A licensee who sells liquor through an internet site must ensure that –

(a) the licence number is prominently displayed on the site and in any advertisement or information published, whether in writing or electronically, in connection with such sales; and

(b) a notice in a form approved or provided for the purpose by the Commissioner is displayed prominently on the site at all times.

Penalty:  Fine not exceeding 20 penalty units.

(3) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order, or who sells liquor through an internet site must –

(a) at the time at which an agreement for sale is made, require the prospective purchaser to supply the purchaser’s date of birth unless it has previously been supplied to the licensee; and

(b) give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered –

(i) to the adult person who placed the order; or

(ii) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order; or

(iii) if the sale was made through an internet site, in accordance with the customer’s instructions.

Penalty:  Fine not exceeding 20 penalty units.

(4) If delivery of any liquor sold in a manner described in this section is taken by a person under the age of 18 years, the licensee, and any person who delivers the liquor on the licensee's behalf, is guilty of an offence.

Penalty:  Fine not exceeding 20 penalty units.

(5) It is a defence in proceedings for an offence under subsection (4) if the licensee establishes that he or she complied with the requirements of subsection (3) in relation to the sale.

(6) It is a defence in proceedings for an offence under subsection (4) if the defendant establishes that, at the time of the alleged offence, he or she did not know, and could not reasonably be expected to have known, that the alleged offence was committed.

(7) A person must not order or request a person under the age of 18 years to take delivery of liquor sold in a manner described in this section.

Penalty:  Fine not exceeding 20 penalty units.

(8) This section does not apply to or in respect of the sale of liquor to licensees or permit holders.

Licensee not to alter area of licensed premises without approval

47 Licensee not to alter area of licensed premises without approval

[Section 47 Substituted by No. 40 of 2003, s. 14, Applied:15 Sep 2003]

(1) A licensee must not alter the area of the licensed premises without the Commissioner's approval.

Penalty: [Section 47 Subsection (1) amended by No. 51 of 2015, s. 47, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

(2) The Commissioner is not to approve an alteration to the area of licensed premises unless he or she is satisfied that it is in the best interests of the community to do so.

Licensee to notify Commissioner of alteration to designated area

48 Licensee to notify Commissioner of alteration to designated area

[Section 48 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] A licensee must –

(a) give the Commissioner written notice at least 30 days before altering the boundaries of an area designated under section 84(1) or (2) ; and

(b) give the Commissioner such information about the proposed alteration as the Commissioner may require.

Penalty: [Section 48 Amended by No. 51 of 2015, s. 48, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Licensees and permit holders to notify Commissioner of change

49 Licensees and permit holders to notify Commissioner of change

[Section 49 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] [Section 49 Substituted by No. 51 of 2015, s. 49, Applied:01 Sep 2016]

(1) Whenever a change of a kind specified by the Commissioner in writing, served on a licensee or permit holder, takes place in the situation existing in relation to that licensee or permit holder, the licensee or permit holder must, in a form approved or provided for the purpose by the Commissioner, notify the Commissioner of the change within 14 days after it takes place.

(2) The Commissioner may require a licensee or permit holder to supply the Commissioner with such further particulars of a change in situation (including information about any associates) as the Commissioner considers necessary.

50.

[Section 50 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003]

51.

[Section 51 Repealed by No. 7 of 2008, s. 16, Applied:02 May 2008]

52.

[Section 52 Amended by No. 24 of 2004, s. 16, Applied:01 Jan 2005] [Section 52 Repealed by No. 7 of 2008, s. 16, Applied:02 May 2008]

Licence or permit to be produced on demand

53 Licence or permit to be produced on demand

[Section 53 Amended by No. 24 of 2004, s. 17, Applied:01 Jan 2005] [Section 53 Amended by No. 51 of 2015, s. 50, Applied:01 Sep 2016] A licensee or permit holder must produce the licensee's liquor licence or the permit holder's permit to a police officer or authorized officer when required to do so.

Penalty: [Section 53 Amended by No. 51 of 2015, s. 51, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Licence to be displayed

54 Licence to be displayed

[Section 54 Substituted by No. 7 of 2008, s. 17, Applied:02 May 2008] A licensee must display the licensee's liquor licence in a conspicuous position on the licensed premises.

Penalty: [Section 54 Amended by No. 51 of 2015, s. 52, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

54A

Authority to act as licensee to be displayed

54A Authority to act as licensee to be displayed

[Section 54A Inserted by No. 51 of 2015, s. 53, Applied:01 Sep 2016] The holder of an authority to act as licensee must display the authority in a conspicuous position on the licensed premises.

Penalty: Fine not exceeding 20 penalty units.

Permits to be displayed on licensed premises

55 Permits to be displayed on licensed premises

[Section 55 Amended by No. 51 of 2015, s. 54, Applied:01 Sep 2016] A licensee must display in a conspicuous position on the licensed premises any liquor permit granted in respect of the premises.

Penalty: [Section 55 Amended by No. 51 of 2015, s. 55, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

55A

Special permits and small producer's permits to be displayed

55A Special permits and small producer's permits to be displayed

[Section 55A Inserted by No. 51 of 2015, s. 56, Applied:01 Sep 2016] The holder of a special permit or a small producer's permit must display the permit in a conspicuous position on the permit premises during the time when liquor may be sold on those premises under the authority of the permit.

Penalty: Fine not exceeding 20 penalty units.

Liquor restriction order to be displayed on licensed premises

56 Liquor restriction order to be displayed on licensed premises

[Section 56 Amended by No. 9 of 2015, s. 19, Applied:12 Aug 2015] [Section 56 Amended by No. 51 of 2015, s. 57, Applied:01 Sep 2016] A licensee must display in a conspicuous position on the licensed premises any liquor restriction order made by the Commissioner in respect of the premises or any part of the premises.

Penalty: [Section 56 Amended by No. 51 of 2015, s. 58, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

57.

[Section 57 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008]

58.

[Section 58 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008]

59.

[Section 59 Substituted by No. 24 of 2004, s. 18, Applied:01 Jan 2005] [Section 59 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008]

Licensee to display notice prohibiting or restricting entry of young people

60 Licensee to display notice prohibiting or restricting entry of young people

[Section 60 Amended by No. 7 of 2008, s. 19, Applied:02 May 2008] [Section 60 Amended by No. 51 of 2015, s. 59, Applied:01 Sep 2016] A licensee must ensure that there is displayed in a conspicuous position at each entrance to any part of the licensed premises designated in accordance with section 84 (1) or (2) (entry of young people prohibited or restricted) a notice provided or approved for that purpose by the Commissioner giving notice of the prohibition or restriction that applies in that part.

Penalty: [Section 60 Amended by No. 51 of 2015, s. 60, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Licensee to prohibit or restrict entry of young people to certain parts of licensed premises

61 Licensee to prohibit or restrict entry of young people to certain parts of licensed premises

[Section 61 Amended by No. 51 of 2015, s. 61, Applied:01 Sep 2016] A licensee must ensure that a person under the age of 18 years does not–

(a) enter or remain on any part of the licensed premises designated under section 84 (1) ; or

(b) enter or remain on any part of the licensed premises designated under section 84 (2) except–

(i) to have a meal; or

(ii) [Section 61 Amended by No. 51 of 2015, s. 61, Applied:01 Sep 2016] in the company of a responsible adult.

Penalty: [Section 61 Amended by No. 51 of 2015, s. 61, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Licensees and permit holders to require certain people to leave licensed premises or permit premises

62 Licensees and permit holders to require certain people to leave licensed premises or permit premises

[Section 62 Amended by No. 51 of 2015, s. 62, Applied:01 Sep 2016] A licensee or permit holder must require a person who–

(a) is acting in a violent, quarrelsome or disorderly manner; or

(b) is using disgusting, profane or foul language–

to leave the licensed premises or permit premises.

Penalty: [Section 62 Amended by No. 51 of 2015, s. 63, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Liquor not to be consumed on off-licensed premises

63 Liquor not to be consumed on off-licensed premises

[Section 63 Amended by No. 7 of 2008, s. 20, Applied:02 May 2008] The holder of an off-licence must not allow liquor purchased on the licensed premises to be consumed on those premises unless the consumption is authorized by an on-permit.

Penalty: [Section 63 Amended by No. 51 of 2015, s. 64, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Liquor not to be removed from on-licensed premises

64 Liquor not to be removed from on-licensed premises

[Section 64 Amended by No. 7 of 2008, s. 21, Applied:02 May 2008] The holder of an on-licence must not allow liquor purchased on the licensed premises to be taken off those premises to be consumed elsewhere unless consumption of the liquor off the premises is authorized by an off-permit.

Penalty: [Section 64 Amended by No. 51 of 2015, s. 65, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Licensee to restrict people on licensed premises outside authorized hours

65 Licensee to restrict people on licensed premises outside authorized hours

(1) [Section 65 Subsection (1) amended by No. 51 of 2015, s. 66, Applied:01 Sep 2016] [Section 65 Subsection (1) amended by No. 51 of 2015, s. 66, Applied:01 Sep 2016] [Section 65 Subsection (1) amended by No. 7 of 2008, s. 22, Applied:02 May 2008] *[Section 65 Subsection (1) amended by No. 22 of 1994, s. 4 ]*A licensee must not allow a person to enter or remain on any part of the licensed premises where liquor is normally sold at any time between–

(a) [Section 65 Subsection (1) amended by No. 24 of 2004, s. 19, Applied:01 Jan 2005] 15 minutes after the time when the sale of liquor on the premises under the authority of a liquor licence or permit ceased; and

(b) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] [Section 65 Subsection (1) amended by No. 24 of 2004, s. 19, Applied:01 Jan 2005] the next time when liquor may be sold on the premises under the authority of a liquor licence or permit.

(c) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] .  .  .  .  .  .  .  .

(d) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] .  .  .  .  .  .  .  .

Penalty:  [Section 65 Subsection (1) amended by No. 51 of 2015, s. 66, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

(2) Subsection (1) does not apply to –

(a) the licensee; or

(b) a member of the licensee's family; or

(c) a resident of the licensed premises; or

(d) an employee of the licensee; or

(e) [Section 65 Subsection (2) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] a person required to be on the premises in the course of employment.

(f) [Section 65 Subsection (2) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] .  .  .  .  .  .  .  .

Licensee to notify Commissioner of prolonged absence from licensed premises

66 Licensee to notify Commissioner of prolonged absence from licensed premises

(1) [Section 66 Subsection (1) amended by No. 51 of 2015, s. 67, Applied:01 Sep 2016] [Section 66 Subsection (1) amended by No. 7 of 2008, s. 23, Applied:02 May 2008] *[Section 66 Subsection (1) amended by No. 73 of 1994, s. 8 ]*A licensee must not be absent from the licensed premises for a period exceeding 14 days unless before the absence, the licensee gives the Commissioner written notice specifying–

(a) the period during which the licensee will be absent; and

(b) [Section 66 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] the name and address of the person who will be in charge of the premises during the licensee's absence, being a person who is 18 years of age or older.

Penalty: [Section 66 Subsection (1) amended by No. 51 of 2015, s. 67, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

(2) Subsection (1) does not apply if liquor is not to be sold on the licensed premises during the licensee's absence.

(3) In the case of an emergency absence by the licensee subsection (1) shall be taken to have been complied with if notice was given under that subsection at the earliest reasonable opportunity.

Licensee or permit holder not to hinder, &c., authorized officer

67 Licensee or permit holder not to hinder, &c., authorized officer

[Section 67 Amended by No. 51 of 2015, s. 68, Applied:01 Sep 2016] A licensee or permit holder must not–

(a) hinder an authorized officer carrying out the authorized officer's duties under this Part; or

(b) fail to comply with a reasonable requirement of an authorized officer made in accordance with this Part; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.

Penalty: [Section 67 Amended by No. 51 of 2015, s. 68, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.

Division 6

General offences

Division 6 General offences

[Division 6 of Part 2 Heading amended by No. 51 of 2015, s. 69, Applied:01 Sep 2016]

Prohibited or restricted advertising or promotion

68 Prohibited or restricted advertising or promotion

[Section 68 Repealed by No. 75 of 1999, s. 8, Applied:24 Nov 1999]

(1) The Commissioner may serve a notice on a licensee or permit holder that prohibits or restricts the advertising or promotion of the sale of liquor by the licensee or permit holder if, in the opinion of the Commissioner –

(a) the advertising or promotion, or the proposed advertising or promotion, is likely to encourage irresponsible consumption of liquor; or

(b) it is otherwise in the public interest to do so.

(2) A licensee or permit holder on whom a notice under subsection (1) is served must comply with the notice.

Penalty: Fine not exceeding 20 penalty units.

False applications

69 False applications

[Section 69 Amended by No. 51 of 2015, s. 71, Applied:01 Sep 2016] A person must not knowingly make a false or misleading statement in an application made for the purposes of this Part.

Penalty: [Section 69 Amended by No. 7 of 2008, s. 24, Applied:02 May 2008] Fine not exceeding 50 penalty units.

69A

Liquor not to be sold or served by person who is intoxicated

69A Liquor not to be sold or served by person who is intoxicated

[Section 69A Inserted by No. 51 of 2015, s. 72, Applied:01 Sep 2016]

(1) A person must not sell or serve liquor on licensed premises or permit premises if he or she is intoxicated.

Penalty: Fine not exceeding 20 penalty units.

(2) A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell or serve liquor on the licensed premises or permit premises sells or serves liquor whilst intoxicated.

Penalty: Fine not exceeding 50 penalty units.

Liquor not to be sold or served to young people

70 Liquor not to be sold or served to young people

(1) [Section 70 Subsection (1) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] [Section 70 Subsection (1) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] [Section 70 Subsection (1) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] A person must not sell or serve liquor to a person under the age of 18 years on licensed premises or permit premises.

Penalty: [Section 70 Subsection (1) amended by No. 7 of 2008, s. 25, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2) [Section 70 Subsection (2) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] [Section 70 Subsection (2) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] [Section 70 Subsection (2) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] [Section 70 Subsection (2) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] [Section 70 Subsection (2) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell or serve liquor on the licensed premises or permit premises sells or serves liquor to a person under the age of 18 years.

Penalty: [Section 70 Subsection (2) amended by No. 7 of 2008, s. 25, Applied:02 May 2008] Fine not exceeding 100 penalty units.

Liquor not to be supplied to young people on licensed premises or permit premises

71 Liquor not to be supplied to young people on licensed premises or permit premises

[Section 71 Amended by No. 51 of 2015, s. 74, Applied:01 Sep 2016] A person must not supply liquor to a person under the age of 18 years on–

(a) licensed premises; or

(b) [Section 71 Amended by No. 51 of 2015, s. 74, Applied:01 Sep 2016] permit premises.

Penalty: [Section 71 Amended by No. 7 of 2008, s. 26, Applied:02 May 2008] Fine not exceeding 50 penalty units.

Young person not to enter, &c., certain parts of licensed premises, &c.

72 Young person not to enter, &c., certain parts of licensed premises, &c.

(1) [Section 72 Subsection (1) amended by No. 51 of 2015, s. 75, Applied:01 Sep 2016] Subject to subsection (3) , a person under the age of 18 years must not enter or remain on any part of licensed premises designated in accordance with section 84 (1) where a notice specifying the prohibition is displayed in accordance with section 60 .

Penalty: [Section 72 Subsection (1) amended by No. 7 of 2008, s. 27, Applied:02 May 2008] Fine not exceeding 20 penalty units.

(2) [Section 72 Subsection (2) amended by No. 51 of 2015, s. 75, Applied:01 Sep 2016] Subject to subsection (3) , a person under the age of 18 years must not enter or remain on any part of licensed premises designated in accordance with section 84 (2) where a notice specifying the prohibition is displayed in accordance with section 60 except–

(a) to have a meal; or

(b) [Section 72 Subsection (2) amended by No. 51 of 2015, s. 75, Applied:01 Sep 2016] in the company of a responsible adult.

Penalty: [Section 72 Subsection (2) amended by No. 7 of 2008, s. 27, Applied:02 May 2008] Fine not exceeding 20 penalty units.

(3) Subsections (1) and (2) do not apply to a person working on the licensed premises.

72A

Young person not to produce false evidence of identity

72A Young person not to produce false evidence of identity

[Section 72A Inserted by No. 7 of 2008, s. 28, Applied:02 May 2008] A person under the age of 18 years must not use a false document in order to do, or attempt to do, anything that a person under that age is prohibited from doing by or under this Act.

Penalty: Fine not exceeding 10 penalty units.

Liquor not to be purchased by young people

73 Liquor not to be purchased by young people

[Section 73 Amended by No. 51 of 2015, s. 76, Applied:01 Sep 2016] A person under the age of 18 years must not purchase liquor.

Penalty: Fine not exceeding 10 penalty units.

Young person not to be sent to obtain liquor

74 Young person not to be sent to obtain liquor

[Section 74 Amended by No. 51 of 2015, s. 77, Applied:01 Sep 2016] A person must not send a person under the age of 18 years–

(a) to purchase liquor; or

(b) to collect liquor from–

(i) licensed premises; or

(ii) [Section 74 Amended by No. 51 of 2015, s. 77, Applied:01 Sep 2016] permit premises.

Penalty: [Section 74 Amended by No. 7 of 2008, s. 29, Applied:02 May 2008] Fine not exceeding 50 penalty units.

Young person not to be given possession or charge of liquor on licensed premises or permit premises

75 Young person not to be given possession or charge of liquor on licensed premises or permit premises

(1) [Section 75 Subsection (1) amended by No. 51 of 2015, s. 78, Applied:01 Sep 2016] [Section 75 Subsection (1) amended by No. 51 of 2015, s. 78, Applied:01 Sep 2016] [Section 75 Subsection (1) amended by No. 51 of 2015, s. 78, Applied:01 Sep 2016] [Section 75 Subsection (1) amended by No. 51 of 2015, s. 78, Applied:01 Sep 2016] [Section 75 Subsection (1) amended by No. 51 of 2015, s. 78, Applied:01 Sep 2016] A licensee or permit holder, or a person acting on behalf of the licensee or permit holder, must not give to a person under the age of 18 years possession or control of liquor on the licensed premises or permit premises or allow a person under the age of 18 years to have or retain possession or control of liquor on the licensed premises or permit premises.

Penalty: [Section 75 Subsection (1) amended by No. 7 of 2008, s. 30, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2) Subsection (1) does not apply in respect of a person under the age of 18 years who –

(a) has possession or charge of liquor in the course of work; and

(b) [Section 75 Subsection (2) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is working under the direct and personal supervision of a person who has attained the age of 18 years.

Young person not to consume liquor on licensed premises or permit premises

76 Young person not to consume liquor on licensed premises or permit premises

[Section 76 Amended by No. 51 of 2015, s. 79, Applied:01 Sep 2016] A person under the age of 18 years must not consume liquor on–

(a) licensed premises; or

(b) [Section 76 Amended by No. 51 of 2015, s. 79, Applied:01 Sep 2016] permit premises.

Penalty: Fine not exceeding 10 penalty units.

Young person not to have possession or control of liquor on licensed premises or permit premises

77 Young person not to have possession or control of liquor on licensed premises or permit premises

(1) [Section 77 Subsection (1) amended by No. 51 of 2015, s. 80, Applied:01 Sep 2016] A person under the age of 18 years must not have possession or control of liquor on–

(a) licensed premises; or

(b) [Section 77 Subsection (1) amended by No. 51 of 2015, s. 80, Applied:01 Sep 2016] permit premises.

Penalty: Fine not exceeding 10 penalty units.

(2) Subsection (1) does not apply in respect of a person who –

(a) has possession or charge of liquor in the course of work; and

(b) [Section 77 Subsection (2) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is working under the direct and personal supervision of a person who has attained the age of 18 years.

Liquor not to be sold or served to intoxicated people

78 Liquor not to be sold or served to intoxicated people

[Section 78 Substituted by No. 7 of 2008, s. 31, Applied:02 May 2008]

(1) [Section 78 Subsection (1) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] [Section 78 Subsection (1) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] [Section 78 Subsection (1) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] A person must not sell or serve liquor on licensed premises or permit premises to a person who is intoxicated.

Penalty: Fine not exceeding 50 penalty units.

(2) [Section 78 Subsection (2) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] [Section 78 Subsection (2) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] [Section 78 Subsection (2) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] [Section 78 Subsection (2) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] [Section 78 Subsection (2) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] [Section 78 Subsection (2) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell or serve liquor on the licensed premises or permit premises sells or serves liquor to a person who is intoxicated.

Penalty: Fine not exceeding 100 penalty units.

Liquor not to be supplied on licensed premises or permit premises to intoxicated people

79 Liquor not to be supplied on licensed premises or permit premises to intoxicated people

[Section 79 Amended by No. 51 of 2015, s. 82, Applied:01 Sep 2016] A person must not supply liquor to a person who is intoxicated on–

(a) licensed premises; or

(b) [Section 79 Amended by No. 51 of 2015, s. 82, Applied:01 Sep 2016] permit premises.

Penalty: [Section 79 Amended by No. 7 of 2008, s. 32, Applied:02 May 2008] Fine not exceeding 50 penalty units.

79A

Licensee and permit holder to prevent offences on licensed premises and permit premises

79A Licensee and permit holder to prevent offences on licensed premises and permit premises

[Section 79A Inserted by No. 73 of 1994, s. 9 ][Section 79A Amended by No. 51 of 2015, s. 83, Applied:01 Sep 2016] A licensee or permit holder who knows or has reason to believe that an offence under this or any other Act is being, or is about to be, committed on the licensed premises or permit premises must take reasonable action to prevent the commission of the offence.

Penalty: [Section 79A Amended by No. 7 of 2008, s. 33, Applied:02 May 2008] Fine not exceeding 100 penalty units.

79B

Sale of liquor through vending machines

79B Sale of liquor through vending machines

[Section 79B Inserted by No. 51 of 2015, s. 84, Applied:01 Sep 2016]

(1) In this section –

vending machine means a machine or device that is designed to enable the purchase of items stored in the machine or device by electronic funds transfer or the insertion of money or a token.

(2) A person must not sell liquor by means of a vending machine unless –

(a) it is specified by the Commissioner in a licence or permit that the person may do so; and

(b) the vending machine is on licensed premises or permit premises; and

(c) the person complies with any condition specified by the Commissioner in the licence or permit concerning the use of the vending machine.

Penalty: Fine not exceeding 20 penalty units.

79C

Liquor not to be brought onto licensed premises or permit premises without consent

79C Liquor not to be brought onto licensed premises or permit premises without consent

[Section 79C Inserted by No. 51 of 2015, s. 84, Applied:01 Sep 2016] A person must not bring liquor onto licensed premises or permit premises without the consent of the licensee or permit holder.

Penalty: Fine not exceeding 10 penalty units.

79D

Prohibited behaviour and language

79D Prohibited behaviour and language

[Section 79D Inserted by No. 51 of 2015, s. 84, Applied:01 Sep 2016] A person must not, on licensed premises or permit premises –

(a) act in a violent, quarrelsome or disorderly manner; or

(b) use disgusting, profane or foul language.

Penalty: Fine not exceeding 20 penalty units.

Person to leave licensed premises when required to do so, &c.

80 Person to leave licensed premises when required to do so, &c.

(1) [Section 80 Subsection (1) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] A person must leave licensed premises when required to do so by–

(a) the licensee or a person acting with the authority of the licensee; or

(b) a police officer–

acting in accordance with this Act.

Penalty:  [Section 80 Subsection (1) amended by No. 7 of 2008, s. 34, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2) [Section 80 Subsection (2) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] A person who–

(a) has left licensed premises in compliance with subsection (1) ; or

(b) has been removed from licensed premises by a police officer acting in accordance with this Act–

must not re-enter or attempt to re-enter those premises within the period of 24 hours immediately after leaving or being removed from the premises.

Penalty:  [Section 80 Subsection (2) amended by No. 7 of 2008, s. 34, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(2A) [Section 80 Subsection (2A) inserted by No. 51 of 2015, s. 85, Applied:01 Sep 2016] A person to whom subsection (1) applies must not, without reasonable excuse, remain in the vicinity of those licensed premises for –

(a) the remainder of the day's trading for the licensed premises; or

(b) 6 hours from being required to leave the premises –

whichever is the longer period.

Penalty:  Fine not exceeding 50 penalty units.

(2B) [Section 80 Subsection (2B) inserted by No. 51 of 2015, s. 85, Applied:01 Sep 2016] For the purposes of subsection (2A) , reasonable excuse includes, but is not limited to the person –

(a) residing within the vicinity of the licensed premises; and

(b) needing to remain in, or re-enter, the vicinity of the licensed premises to obtain transport; and

(c) reasonably fearing for his or her safety if he or she does not remain in, or re-enter, the vicinity of the licensed premises.

(3) *[Section 80 Subsection (3) inserted by No. 73 of 1994, s. 10 ]*A police officer may –

(a) [Section 80 Subsection (3) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) , (2) or (2A) ; and

(b) [Section 80 Subsection (3) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] [Section 80 Subsection (3) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] use such reasonable force as may be necessary to remove from licensed premises or the vicinity of licensed premises a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) , (2) or (2A) .

80A

Person to leave permit premises when required to do so, &c.

80A Person to leave permit premises when required to do so, &c.

[Section 80A Inserted by No. 73 of 1994, s. 11 ]

(1) [Section 80A Subsection (1) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] A person who has been required under this Part to leave permit premises–

(a) must leave those premises when required to do so; and

(b) must not re-enter or attempt to re-enter those premises during the period of 24 hours after the person so left those premises or was removed from those premises under subsection (2) .

Penalty: [Section 80A Subsection (1) amended by No. 7 of 2008, s. 35, Applied:02 May 2008] Fine not exceeding 50 penalty units.

(1A) [Section 80A Subsection (1A) inserted by No. 51 of 2015, s. 86, Applied:01 Sep 2016] A person to whom subsection (1) applies must not, without reasonable excuse, remain in the vicinity of that permit premises for –

(a) the remainder of the day's trading for the permit premises; or

(b) 6 hours from being required to leave the premises –

whichever is the longer period.

Penalty: Fine not exceeding 50 penalty units.

(1B) [Section 80A Subsection (1B) inserted by No. 51 of 2015, s. 86, Applied:01 Sep 2016] For the purposes of subsection (1A) , reasonable excuse includes, but is not limited to, the person –

(a) residing within the vicinity of the permit premises; and

(b) needing to remain in, or re-enter, the vicinity of the permit premises to obtain transport; and

(c) reasonably fearing for his or her safety if he or she does not remain in, or re-enter, the vicinity of the permit premises.

(2) A police officer may –

(a) [Section 80A Subsection (2) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (1A) ; and

(b) [Section 80A Subsection (2) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] [Section 80A Subsection (2) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] [Section 80A Subsection (2) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] use such reasonable force as may be necessary to remove from permit premises or the vicinity of permit premises a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (1A) .

Barring orders

81 Barring orders

[Section 81 Amended by No. 7 of 2008, s. 36, Applied:02 May 2008] [Section 81 Substituted by No. 51 of 2015, s. 87, Applied:01 Sep 2016]

(1) In this section –

barred person means a person on or to whom an order under subsection (2) or (4) is served or given;

senior police officer, in relation to a barring order, means –

(a) in the case of a barring order in force for a period of less than 72 hours, a police officer of or above the rank of sergeant; and

(b) in the case of a barring order in force for a period of 72 hours or more, a police officer of or above the rank of inspector.

(2) A licensee, a person acting with the authority of the licensee, or a permit holder, may by order in writing served on a person, bar that person from entering or remaining on the licensed premises or permit premises for a specified period not exceeding 6 months –

(a) if the barred person is intoxicated or acting in a violent or quarrelsome manner on the licensed premises or permit premises; or

(b) if the licensee, person acting with the authority of the licensee, or permit holder, reasonably believes that the safety of the barred person or any other person on the licensed premises or permit premises is at risk because of the behaviour of the barred person as a result of his or her consumption of liquor; or

(c) on any other reasonable ground.

(3) An order served under subsection (2) must be in a form approved by the Commissioner.

(4) A police officer may, with the authorisation of a senior police officer, by order given to a person in the prescribed manner, bar the person from entering or remaining on –

(a) specified licensed premises or permit premises; or

(b) licensed premises or permit premises of a specified class within a specified area; or

(c) all licensed premises or permit premises within a specified area –

for a specified period not exceeding 6 months.

(5) A police officer may give an order under subsection (4) –

(a) if the police officer is satisfied that the welfare of the barred person is seriously at risk as a result of the barred person's consumption of liquor; or

(b) if the barred person commits an offence, or behaves in an offensive or disorderly manner, on the licensed premises or permit premises or in an area adjacent to the licensed premises or permit premises; or

(c) on any other reasonable ground.

(6) Notwithstanding the Personal Information Protection Act 2004 , a police officer may provide a licensee or permit holder, or an employee of a licensee or permit holder, with information about a person (including photographic and other information that may identify the person) for the purpose of identifying a person who has been barred from the licensed premises or permit premises under a barring order.

(7) A person who is prohibited under a barring order from entering or remaining on licensed premises or permit premises must not enter or attempt to enter, or remain on, the licensed premises or permit premises to which the order relates.

Penalty: Fine not exceeding 50 penalty units.

(8) A person on whom a barring order has been served or given must not, without reasonable excuse, enter or remain in the vicinity of the licensed premises or permit premises to which the order relates for –

(a) the remainder of the day's trading for the licensed premises or permit premises; or

(b) 6 hours from the time of being served or given the barring order –

whichever is the longer period.

Penalty: Fine not exceeding 50 penalty units.

(9) For the purposes of subsection (8) , reasonable excuse includes, but is not limited, to the person –

(a) residing within the vicinity of the licensed premises or permit premises; and

(b) needing to remain in, or re-enter, the vicinity of the licensed premises or permit premises to obtain transport; and

(c) reasonably fearing for his or her safety if he or she does not remain in, or re-enter, the vicinity of the licensed premises or permit premises.

(10) A barring order under this section must contain any prescribed information.

(11) The power under this section to serve or give a barring order includes a power, exercisable in a like manner, to vary or revoke the barring order.

81A

Review of police barring order

81A Review of police barring order

[Section 81A Inserted by No. 51 of 2015, s. 87, Applied:01 Sep 2016]

(1) A person may apply, in writing, to the Commissioner of Police for a review of a barring order given by a police officer under section 81(4) .

(2) If an application for a review of a barring order is made under subsection (1) , the Commissioner of Police must –

(a) determine the application; or

(b) appoint a police officer of or above the rank of inspector to determine the application.

(3) In determining an application for a review of a barring order under subsection (1) , the Commissioner of Police or police officer appointed under subsection (2)(b) may –

(a) uphold the barring order; or

(b) vary the barring order; or

(c) revoke the barring order.

(4) An application under subsection (1) must be determined within 28 days from the date the Commissioner of Police received the application.

(5) On determining an application under subsection (1) , the Commissioner of Police or police officer appointed under subsection (2)(b) must notify the applicant, in writing, of that determination.

(6) A notice under subsection (5) is to inform the applicant of the applicant's right to appeal to the Commission against the making of a determination under subsection (3) .

Authorized officer not to be hindered, &c.

82 Authorized officer not to be hindered, &c.

*[Section 82 Amended by No. 73 of 1994, s. 12 ]*A person must not, without reasonable excuse –

(a) hinder an authorized officer carrying out the authorized officer's duties under this Part; or

(b) fail to comply with any requirement of an authorized officer made in accordance with this Part; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.

Penalty: [Section 82 Amended by No. 7 of 2008, s. 37, Applied:02 May 2008] Fine not exceeding 100 penalty units.

Name, address and date of birth to be given to police if lawfully requested

83 Name, address and date of birth to be given to police if lawfully requested

[Section 83 Amended by No. 51 of 2015, s. 88, Applied:01 Sep 2016] A person must give the person's name, address and date of birth if required to do so by a police officer acting in accordance with this Part.

Penalty: [Section 83 Amended by No. 7 of 2008, s. 38, Applied:02 May 2008] Fine not exceeding 50 penalty units.

Division 7

[Part 2, Div. 7 Heading amended by No. 73 of 1994, s. 13 ]Administration of licensed premises and permit premises

Division 7 [Part 2, Div. 7 Heading amended by No. 73 of 1994, s. 13 ]Administration of licensed premises and permit premises

[Division 7 of Part 2 Heading amended by No. 51 of 2015, s. 89, Applied:01 Sep 2016]

Areas of licensed premises may be designated to prohibit or restrict entry, &c., of young people

84 Areas of licensed premises may be designated to prohibit or restrict entry, &c., of young people

(1) The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain.

(2) The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain except –

(a) to have a meal; or

(b) [Section 84 Subsection (2) amended by No. 51 of 2015, s. 90, Applied:01 Sep 2016] in the company of a responsible adult.

(3) The designation of an area under subsection (1) or (2) may be limited to apply between specified times.

(4) An area may be designated under both subsections (1) and (2) if the designations apply at different times.

(5) A designation under subsection (1) or (2) may apply to the whole of the licensed premises.

(6) The Commissioner shall notify the licensee when an area of the licensed premises has been designated under subsection (1) or (2) and shall specify in the notice –

(a) the type of designation; and

(b) the area so designated; and

(c) if the designation applies between specified times – the times between which the designation applies.

Routine inspections

85 Routine inspections

(1) An authorized officer may, at any time enter and inspect –

(a) licensed premises; and

(b) any other premises –

(i) belonging to the licensee; or

(ii) under the licensee's control –

which are provided for the use of patrons of the licensed premises.

(2) [Section 85 Subsection (2) omitted by No. 75 of 1999, s. 9, Applied:24 Nov 1999] . . . . . . . .

(3) [Section 85 Subsection (3) omitted by No. 75 of 1999, s. 9, Applied:24 Nov 1999] . . . . . . . .

Powers of authorized officer

86 Powers of authorized officer

[Section 86 Substituted by No. 73 of 1994, s. 14 ]

(1) For the purposes of this Part, an authorized officer may require a person, by written notice served on the person, to provide the officer within the period specified in the notice with a statement containing such particulars relating to dealing with liquor as are specified in the notice.

(2) For the purposes of this Part, an authorized officer may, without warrant and with such assistants as he or she considers appropriate –

(a) [Section 86 Subsection (2) amended by No. 51 of 2015, s. 91, Applied:01 Sep 2016] at any time during which liquor may be sold on permit premises, enter and remain on those premises; and

(b) at any reasonable time, enter and remain on licensed premises; and

(c) at any reasonable time, enter and remain on any premises (other than any premises used as a residence) which the authorized officer has reason to suspect is being, or has been, used for the purpose of –

(i) carrying on the business of selling liquor; or

(ii) storing liquor or records or other documents in connection with the business of selling liquor.

(3) For the purposes of this Part, an authorized officer may, with the authority of a warrant issued under subsection (5) and with such assistants as he or she considers appropriate –

(a) use such reasonable force as is necessary to enter and remain in any premises specified in subsection (2) at the relevant time so specified; or

(b) using such reasonable force as is necessary, at any reasonable time enter and remain in any premises used as a residence.

(4) In any premises lawfully entered, an authorized officer may do any one or more of the following:

(a) inspect the premises;

(b) search for, examine, take possession of, make copies of, take extracts from or secure against interference any records or other documents relating to the purchase, other obtaining, sale or other disposal of liquor;

(c) search for, examine, take possession of or secure against interference any liquor that –

(i) [Section 86 Subsection (4) amended by No. 75 of 1999, s. 10, Applied:24 Nov 1999] . . . . . . . .

(ii) may be evidence of a contravention of this Part, a liquor licence, a liquor permit, a liquor restriction order or a condition of a liquor licence, liquor permit or liquor restriction order;

(d) if it is necessary to do so, break open and search anything on the premises in which such records or other documents or liquor may be stored or concealed;

(e) require any person on the premises to produce any such record or other document;

(f) require a person on the premises to answer a question relevant to any of the following matters if the officer reasonably suspects that the person has the knowledge necessary to answer it:

(i) [Section 86 Subsection (4) amended by No. 75 of 1999, s. 10, Applied:24 Nov 1999] . . . . . . . .

(ii) the contravention of a liquor licence, liquor permit, liquor restriction order or condition of such a licence, permit or order;

(g) seize anything which the authorized officer believes appears to indicate that an offence under this Act has been, or is being, committed;

(h) require any person on the premises to provide his or her name and address.

(5) On the application of an authorized officer, a magistrate or justice may issue a warrant to the authorized officer named in the warrant authorizing the authorized officer to use such force as is reasonably necessary to enter and remain in any premises specified in subsection (2) or to enter and remain in any premises used as a residence, using such force as is necessary, if the magistrate or justice is satisfied that there are reasonable grounds for believing it necessary for the officer –

(a) to use such force to enter any premises specified in subsection (2) ; or

(b) [Section 86 Subsection (5) amended by No. 7 of 2008, s. 39, Applied:02 May 2008] to enter any premises used as a residence, using such reasonable force as is necessary, for the purpose of exercising or performing his or her powers or duties under this Act.

(6) A warrant is to specify the premises in respect of which it is issued.

(7) If a record or other document is obtained by an authorized officer by the exercise of powers under this section, that record or other document, evidence of that record or other document or evidence of the obtaining of that record or other document is not admissible against any person in any civil or criminal proceedings, other than proceedings for an offence under this Act or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

(8) A person is not required to answer a question under subsection (4) (f) if to do so would incriminate the person.

(9) Any information provided by a person in response to a question asked under subsection (4) (f) is not admissible against the person in any civil or criminal proceedings, other than proceedings for an offence under section 82 or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

(10) Nothing done under this section in relation to a document or liquor prejudices a lien on that document or liquor.

Possession of document or other thing by authorized officer

87 Possession of document or other thing by authorized officer

[Section 87 Substituted by No. 73 of 1994, s. 14 ]

(1) If an authorized officer has possession of any record, other document or other thing for the purposes of this Act, the authorized officer –

(a) must, as soon as practicable, give a receipt to the apparent owner of that record, other document or other thing or the person who delivered it to the officer or from whose possession it was taken; and

(b) may retain the record, other document or other thing for so long as is necessary for those purposes.

(2) If any person otherwise entitled to possession of a record or other document retained by an authorized officer so requests the Commissioner in writing, the Commissioner must provide to the person as soon as practicable a copy of the record of other document that the Commissioner has certified to be a true copy.

88.

[Section 88 Repealed by No. 73 of 1994, s. 14 ]

Police may enter licensed premises or permit premises

89 Police may enter licensed premises or permit premises

A police officer may enter –

(a) licensed premises at any time; or

(b) [Section 89 Amended by No. 51 of 2015, s. 92, Applied:01 Sep 2016] permit premises during the time liquor may be sold on those premises under the authority of the permit–

to ascertain if this Part is being complied with.

Police may enter premises on reasonable suspicion

90 Police may enter premises on reasonable suspicion

A police officer who has reasonable grounds for believing that liquor is being sold on premises contrary to this Part may enter those premises.

Police power to use force to gain entry

91 Police power to use force to gain entry

A police officer entering premises in accordance with this Part may –

(a) if entry to the premises is barred – use such force as is reasonably necessary to gain entry to the premises; and

(b) be accompanied by as many other people as the officer reasonably considers to be necessary.

Police may request name, address and date of birth if offence suspected

92 Police may request name, address and date of birth if offence suspected

(1) If a police officer has reasonable grounds for believing that a person has committed or is committing an offence under this Act the officer may require that person to give the person's name, address and date of birth.

(2) If a police officer, acting in accordance with subsection (1) has requested a person to give the person's name, address or date of birth, the officer may arrest, without warrant, that person if –

(a) that person refuses to give the person's name, address or date of birth; or

(b) the police officer reasonably believes any name, address or date of birth given by that person is false.

More sections below

Source text: opening excerpt

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.