39Liquor restriction orders

### 39 Liquor restriction orders > > (1)  [*\[Section 39 Subsection (1) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015\]*](/view/html/inforce/2015-08-12/act-2015-009#GS13@Hpb@EN) [*\[Section 39 Subsection (1) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015\]*](/view/html/inforce/2015-08-12/act-2015-009#GS13@Hpa@EN) [*\[Section 39 Subsection (1) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-024#GS13@Hpa@EN) 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)](#GS39@Gs1@EN) 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)  [*\[Section 39 Subsection (3) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-024#GS13@Hpb@EN) While an order made under [subsection (1)](#GS39@Gs1@EN) 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)  [*\[Section 39 Subsection (4) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015\]*](/view/html/inforce/2015-08-12/act-2015-009#GS13@Hpc@EN) An order made under [subsection (1)](#GS39@Gs1@EN) 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)  [*\[Section 39 Subsection (5) substituted by No. 9 of 2015, s. 13, Applied:12 Aug 2015\]*](/view/html/inforce/2015-08-12/act-2015-009#GS13@Hpd@EN) 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)  [*\[Section 39 Subsection (6) inserted by No. 9 of 2015, s. 13, Applied:12 Aug 2015\]*](/view/html/inforce/2015-08-12/act-2015-009#GS13@Hpd@EN) 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.