Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Liquor Licensing Act 1997. 3—Objects (1) The object of this Act is to regulate and control the promotion, sale, supply and consumption of liquor— (a) to ensure that the sale and supply of liquor occurs in a manner that minimises the harm and potential for harm caused by the excessive or inappropriate consumption of liquor; and (b) to ensure that the sale, supply and consumption of liquor is undertaken safely and responsibly, consistent with the principle of responsible service and consumption of liquor; and (c) to ensure as far as practicable that the sale and supply of liquor is consistent with the expectations and aspirations of the public; and (d) to facilitate the responsible development of the licensed liquor industry and associated industries, including the live music industry, tourism and the hospitality industry, in a manner consistent with the other objects of this Act. (1a) For the purposes of subsection (1)(a), harm caused by the excessive or inappropriate consumption of liquor includes— (a) the risk of harm to children, vulnerable people and communities (whether to a community as a whole or a group within a community); and (b) the adverse economic, social and cultural effects on communities (whether on a community as a whole or a group within a community); and (c) the adverse effects on a person's health; and (d) alcohol abuse or misuse; and (e) domestic violence or anti‑social behaviour, including causing personal injury and property damage. (2) Subject to this Act, in deciding any matter before it under this Act, the licensing authority must have regard to the objects set out in subsection (1). 4—Interpretation In this Act, unless the contrary intention appears— adjacent—places or premises are adjacent if they adjoin (either in a horizontal or vertical plane) or if they are in close proximity to each other; authorised person, in relation to licensed premises, means— (a) the licensee; or (b) a responsible person for the licensed premises; or (c) a police officer; or (d) a person who holds a security agents licence that authorises the person to perform the function of controlling crowds in licensed premises under the Security and Investigation Industry Act 1995; authorised trading hours, in relation to a licence, means the hours during which the sale, supply or consumption of liquor is authorised by the licence; beer means beer, ale, lager, stout or liquor of any other kind produced by brewing; beneficiary includes an object of a discretionary trust; body corporate includes a company within the meaning of the Corporations Act 2001 of the Commonwealth; close associate, except where otherwise provided by this Act, has the meaning given by section 7; club event endorsement—see section 36(9); club transport endorsement—see section 36(11); code of practice—see section 11A; collective outlet—see section 39(4); Commissioner means the Liquor and Gambling Commissioner; community impact assessment guidelines—see section 53B; council means a municipal or district council; Court means the Licensing Court of South Australia; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety; designated application—see section 53A; designated licence means— (a) a general and hotel licence; or (b) an on premises licence, unless— (i) the premises to which the proposed licence relates is a public conveyance; or (ii) the licence is, or is proposed to be, subject to a condition that the business conducted at the licensed premises be such that at all times the primary service provided to the public at the premises is the provision of accommodation; or (c) a club licence, if— (i) the licence is, or is proposed to be, subject to a condition authorising— (A) the sale of liquor to persons (other than a resident) for consumption off the licensed premises; or (B) the sale of liquor after 2 am on any day; or (ii) in the opinion of the licensing authority, the business conducted under the licence and activities on the premises or proposed premises will have a substantial adverse impact on the amenity of the locality in which those premises are, or are to be, situated, taking into account— (A) the size of the premises or proposed premises; and (B) the trading hours or proposed trading hours under the licence; and (C) any other matter the licensing authority considers relevant; or (d) a packaged liquor sales licence, other than if the licence is, or is proposed to be, subject to a condition authorising the licensee to only sell liquor through direct sales transactions; director of a body corporate means a member of the board or committee of management of the body corporate; direct sales transaction means a transaction for the sale of liquor in which— (a) the liquor is ordered by the purchaser by mail, telephone, facsimile transmission or internet or other electronic communication; and (b) the liquor is delivered to the purchaser, or a person nominated by the purchaser, at the residence or place of business of the purchaser, or some place (other than premises at which the liquor has been stored prior to delivery) nominated by the purchaser; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 whether declared as such under that Act or not; entertainment means a dance, performance, exhibition or event (including a sporting contest) calculated to attract and entertain members of the public; function means a gathering of people on any occasion at which liquor is to be sold, supplied or consumed and for which licensed premises, or a part of licensed premises, has been booked in advance; gross turnover means the gross proceeds of the sale of liquor under a licence; inspector—see section 9; intoxicated—a person is intoxicated if— (a) the person's speech, balance, co‑ordination or behaviour is noticeably affected; and (b) it is reasonable in the circumstances to believe that the affected speech, balance, co‑ordination or behaviour is the result of the consumption of liquor or some other substance; Judge means the Licensing Court Judge or some other Judge with authority to exercise the jurisdiction of the Court; licence means a licence under this Act; licensed person or licensee means a person who holds a licence (including a temporary or short term licence) under this Act and includes— (a) if a licence is held by a trustee—the trust; or (b) a person authorised to carry on business under a licence; licensed premises means premises in respect of which a licence is in force and includes premises for which the licence is currently under suspension; licensing authority means— (a) in relation to a matter that is to be decided by the Court under this Act—the Court; (b) in relation to any other matter—the Commissioner; Licensing Court Judge means a District Court Judge designated by proclamation as the Licensing Court Judge; liquor means a beverage which at 20° Celsius contains more than 1.15 per cent alcohol by volume and includes any substance declared by regulation to be liquor for the purposes of this Act; liquor merchant means— (a) a person who holds a licence under this Act (except a person who holds only a short term licence); or (b) a person who is authorised under the law of another State, or a Territory, of the Commonwealth to sell liquor; meal means a genuine meal eaten while seated at a table; minor means a person under the age of 18 years; offensive or disorderly—without limiting the conduct that may constitute behaving in an offensive or disorderly manner, the conduct may be constituted of offensive language; officer means— (a) in relation to a body corporate—a director of the body corporate; (b) in relation to a trust—a trustee; packaged liquor means liquor in sealed containers for consumption off licensed premises; party includes— (a) an intervener; (b) in relation to an application for the transfer of a licence—the transferor; position of authority in a trust or corporate entity—see section 6; premises includes— (a) land; (b) any building or structure on land, including a temporary or moveable building or structure; (c) a public conveyance; (ca) a motor vehicle (within the meaning of the Road Traffic Act 1961) or a vehicle of a kind prescribed by the regulations; (d) a part of premises; production and sales event endorsement—see section 39(5); production outlet—see section 39(2); public conveyance means an aeroplane, vessel, bus, train, tram, or other vehicle used for public transport or available for hire by members of the public, but does not include a conveyance hired on a self-drive basis if all passengers (if any) are to be transported free of charge or other consideration; public interest—the public interest includes, but is not limited to, matters relating to— (a) public order and safety; and (b) public health (whether generally or in respect of particular groups or communities); and (c) the welfare of particular groups or communities; public order and safety includes matters of— (a) personal safety and apprehension of danger to personal safety; and (b) safety of property and apprehension of danger to safety of property; and (c) public order unrelated to matters of public safety; and (d) public safety unrelated to matters of public order; public order and safety notice—see section 128B; public place means a place (not being licensed premises) to which the public has access (whether or not admission is obtained by payment of money); reception includes a convention, conference or similar function— (a) at which people gather in substantial numbers for a particular purpose; and (b) for which licensed premises, or a part of licensed premises, has been booked in advance, (but does not include a function of which the consumption of liquor is the sole or a predominant purpose); record means— (a) a document; or (b) a record of a kind declared by regulation to be a record for the purposes of this definition; The Acts Interpretation Act 1915 defines document—see section 4(1) of that Act. regulated premises means— (a) licensed premises; or (b) a restaurant, café or shop; or (c) an amusement parlour or amusement arcade; or (d) a public place that is being used for the purposes of an organised event, where admission to the event is gained on payment of money, presentation of a pre‑paid ticket or purchase of some item; or (e) a public conveyance; or (f) premises of a kind declared by regulation to be regulated premises, and includes an area appurtenant to any such premises, but does not include any premises, place or conveyance declared by regulation not to be regulated premises; related body corporate—bodies corporate are related for the purposes of this Act if they are related within the meaning of the Corporations Act 2001 of the Commonwealth; resident on licensed premises—see section 5; responsible person for licensed premises means a person who is, in accordance with section 97, responsible for supervising and managing the business conducted under the licence; retail—a sale is by retail if made to a person who is not a liquor merchant; retail outlet—see section 39(2); sample—an amount of liquor of a particular kind will not be considered to be a sample if it exceeds the prescribed amount for that kind of liquor; sell includes— (a) to barter or exchange; (b) to offer or expose for sale, barter or exchange; (c) to supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; (d) to supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain; spirits means liquor of any kind produced wholly or in part by distillation; spouse—a person is the spouse of another if they are legally married; trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries; trust or corporate entity means a trust or a body corporate; unlicensed person means a person who does not hold a licence under this Act; unlicensed premises means premises in respect of which a licence is not in force under this Act (but if a licence for the premises is under suspension, the premises are not to be regarded as unlicensed premises for the period of the suspension); wholesale—a sale is by wholesale if made to a liquor merchant; wholesale outlet—see section 39(2); wine includes mead, cider, perry and any other fermented liquor produced from fruit, vegetables, berries or honey but does not include a product produced by blending wine with other beverages. 5—Resident on licensed premises (1) A person is regarded as a resident on licensed premises at a particular time if, and only if— (a) the person has spent the previous night at the licensed premises or is booked to spend the next night (or the present night) at the licensed premises; and (b) the person's name has been entered in the record of residents required to be kept by the licensee under this Act. (2) None of the following persons is to be regarded as a resident on licensed premises: (a) the licensee or a member of the licensee's family; (b) a responsible person for the licensed premises or a member of a responsible person's family; (c) an employee of the licensee or a member of the employee's family. 6—Persons with authority in a trust or corporate entity (1) A person occupies a position of authority in a trust or corporate entity if the person— (a) in the case of a body corporate— (i) is a director of the body corporate; (ii) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; (iii) manages, or is to manage, the business of the body corporate to be conducted under a licence; (iv) if the body corporate is a proprietary company—is a shareholder in the body corporate; or (b) in the case of a trust—is a trustee or beneficiary of the trust. (2) However— (a) a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust. 7—Close associates (1) Two persons are close associates if— (a) one is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are joint venturers; or (e) they are related bodies corporate; or (f) one is a body corporate and the other is a director or executive officer of the body corporate; or (g) one is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or (h) one is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding (within the meaning of the Corporations Act 2001 of the Commonwealth) in the body corporate; or (i) one has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (j) one is in a position to exercise control or significant influence over the conduct of the other; or (k) a chain of relationships can be traced between them under any one or more of the above paragraphs. (2) In subsection (1)— prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth. 7A—Exemptions If a provision of this Act allows a licensing authority to grant an exemption from a provision or requirement under this Act (including a provision or requirement under a code of practice), the licensing authority may vary or revoke the exemption, and must give notice of the variation or revocation of the exemption in a manner and form determined by the licensing authority.