Liquor Control Act 1988

 

Liquor Control Act 1988

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Terms used2

3A.Term used: drunk13

4.Storing and receiving liquor for licensed premises at other premises; records to be kept14

5.Objects of Act15

6.Act not to apply in certain cases16

Part 2 — The licensing authority

Division 1 — The licensing authority

7.Constitution and jurisdiction of licensing authority19

Division 2 — The Liquor Commission

8.Commission established19

9.Jurisdiction of Commission20

9A.Constitution of Commission20

Division 2A — Members of the Commission

9B.Commission members20

9C.Tenure of office21

9D.Deputy chairperson21

9E.Removal or resignation22

9F.Leave of absence22

9G.Member whose term has expired may continue in office22

9H.Remuneration and conditions of office23

Division 2B — Other matters

9I.Decisions of Commission to be written etc.23

9J.Seal of Commission23

9K.Annual reports by Commission24

9L.Laying annual report before House of Parliament not sitting25

9M.Protection and immunity of members, parties etc.25

Division 3 — The Director of Liquor Licensing

13.Functions of and hearings by Director26

14.Inspectors etc., appointment of etc.27

Division 4 — Other staff of the licensing authority

15.Director may delegate etc.28

Division 5 — Proceedings before the licensing authority

16.Procedure, sittings, use of experts, evidentiary rules etc.29

17.Representation of parties33

18.Witnesses and evidence, powers to summon etc.33

18AA.Notice of decision34

18A.Enforcing decisions35

19.Enforcing monetary penalties36

20.Contempt etc.36

21.Costs38

22.Rules of Commission39

23.Proof of process; protection from personal liability39

Division 6 — Reference to the Commission, review and appeals

24.Director may refer matters to Commission40

25.Review of Director’s decisions40

25A.Commission may refer application for review to State Administrative Tribunal43

26.Some Director’s decisions have effect despite application to review44

27.Question of law, Commission may state to Supreme Court44

28.Appeals against Commission’s decisions45

29.Licence or permit continues to have effect pending appeal47

Division 7 — Confidential police information

30.Confidential police information, use and protection of47

Part 3 — Licences and permits

Division 1 — General matters

30A.Licences to sell liquor, grant and nature of50

30B.Power of attorney does not empower donee to act for licensee under this Act50

31.Licences, generally50

32.Duration of licences52

33.Powers of licensing authority when deciding applications53

34.Certain applications not to be decided56

35.Persons who may hold licences58

35A.Trustees for unincorporated bodies58

36.Two or more licences for same premises, restrictions on59

36A.Petrol stations in some areas not to be granted licences59

37.Pre-requisites for grants of licences etc.; conditions on licences60

37A.Conviction of licensee etc., duty to inform Director64

37B.Fingerprints etc., licensing authority’s powers to obtain64

37C.Register of licensed premises66

Division 2 — Licences

38.Some applications not to be granted unless in the public interest66

39.Certificate of local government as to whether premises comply with laws68

40.Certificate of planning authority as to whether use of premises complies with planning laws69

41.Hotel licence, kinds, conditions and effect of70

41A.Effect and conditions of small bar licence72

41B.Small bar licence may be granted as alternative to tavern restricted licence73

42.Nightclub licence, effect and conditions of74

43.Nightclub licence, pre-requisites for grant of74

44.Casino liquor licence, effect and conditions of75

45.Casino liquor licence, pre-requisites for grant of76

46.Special facility licence, pre-requisites for grant of77

46A.Special facility licence, restrictions on varying78

46B.Alternatives to granting or varying special facility licences79

47.Liquor store licence, effect of80

48.Club licence, kinds, conditions and effect of80

49.Club licence, pre-requisites for grant of85

50.Restaurant licence, effect and conditions of86

50A.Issue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant87

51.Unlicensed restaurants, supply of liquor in88

52.Liquor sold or consumed with meals, effect of extended trading permit which authorises; evidentiary provisions88

53.Restaurant licence and extended trading permit, effect of may be restricted as to selling liquor with meals90

55.Producer’s licence, effect of91

56.Production of liquor by person, presumption of92

57.Producer’s licence, pre-requisites for grant of93

58.Wholesaler’s licence, effect and conditions of93

59.Occasional licence, effect, conditions and pre-requisites for grant of95

59A.Additional authorisations relating to supply and sale of liquor on licensed premises97

Division 4 — Permits

60.Extended trading permit, purposes, effect and conditions of99

61.Extended trading permit for extended area (s. 60(4)(h)), pre‑requisites for grant of104

61A.Extended trading permit for sale of liquor (s. 60(4)(ia))104

Division 5 — Conditional grants or approvals

62.Uncompleted premises, conditional grant or removal in case of106

62A.Pending certificate (s. 39 or 40) etc., conditional grant in case of109

62B.Pending approval etc. (s. 77(5)), conditional approval of alteration etc. in case of110

Division 6 — Conditions, generally

63.Terms fixed and conditions imposed by Act, only some can be varied etc.111

64.Imposing, varying and cancelling conditions112

65.Packaged liquor, conditions relating to sale of for consumption off licensed premises117

65A.Petrol station not to be established on premises from which packaged liquor is sold118

65B.Promoting liquor, regulations may prescribe conditions about119

Division 7 — Applications

66.Plans and specifications of premises, requirements as to119

67.Advertisement of applications120

68.Form, manner, notice and public inspection of applications121

69.Advertising, referring, investigating and intervening in applications122

70.Club licence applications, intervening in127

72.Owner etc. of premises, when consent of required; right of owner, lessee etc. to object127

72A.Submissions generally129

73.Objecting to applications, general right and rules as to129

74.Objecting to applications, grounds for etc.131

75.Occasional licence, applications for133

76.Extended trading permit, applications for134

77.No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises134

Division 8 — Removals

78.Casino liquor licence not removable without authority137

79.Licence relating to transport, when removable137

80.Temporary removal or redefinition of licence137

81.Applications for removal of licence138

Division 9 — Transfers

82.Applications for transfer of licences140

82A.Transfer of licence between licence holders141

83.Certain licences not transferable141

84.Pre-requisites for transfer of licence141

85.Transferee to succeed to certain of transferor’s liabilities and rights144

Division 10 — Interim authorisations and protection orders

86.Interim authorisations to carry on business under licence144

87.Protection orders, grant and term of etc.147

88.Protection order, effect of150

89.Dispute as to terms of lease, Director’s powers in case of151

Division 11 — Suspensions

91.Suspension of licence or permit in the public interest152

92.Suspension because business has ceased etc.152

92A.Cancellation of suspension153

93.Cancellation of suspended licences153

Division 12 — Surrenders

94.Surrendering licences154

Division 13 — Disciplinary matters

95.Disciplinary action against licensees, grounds and procedure for155

96.Disciplinary action, powers to take160

Part 4 — The conduct of business

Division 1 — Hours of trading

97.Permitted hours generally163

98.Hotel licence, permitted hours under163

98AA.Permitted hours under small bar licence164

98A.Nightclub licence, permitted hours under164

98B.Casino liquor licence, permitted hours under165

98C.Special facility licence, permitted hours under165

98D.Liquor store licence, permitted hours under166

98E.Club licence and club restricted licence, permitted hours under166

98F.Restaurant licence, permitted hours under168

98G.Producer’s licence, permitted hours under168

98H.Wholesaler’s licence, permitted hours under168

Division 2 — Maintenance of the premises

99.Duty to keep premises clean and in good repair; powers to enforce duty and require alterations169

Division 3 — Supervision and management

Subdivision 1 — Licensed premises to be supervised and managed

100.Licensee’s duties170

101.Managers etc., liabilities of173

Subdivision 2 — Approval of managers

102A.Terms used174

102B.Applications for and granting approvals174

102C.Conditions on manager’s approval175

102D.Duration of manager’s approval175

102E.Renewal of manager’s approval175

102F.Disciplinary action against approved managers176

102G.Approval may be cancelled on request177

Subdivision 3 — General matters

102.Management and control of incorporated licensees, approvals required177

103.Owners of licensed premises to notify Director of certain matters178

Division 3A — Responsible practices in selling, supplying and serving liquor

103AA.Register of responsible practices’ training178

103A.Regulations about training people in responsible practices179

Division 4 — Profit sharing

104.Profit sharing etc. prohibited without approval180

Division 5 — Lodgers

105.Persons deemed lodgers of licensed premises in some cases182

106.Liquor supplied to lodgers etc., conditions applying to182

107.Loss of lodger’s property, licensee’s liability for184

Division 6 — The sale and consumption of liquor, etc.

108.Certain licensees to exhibit charges for meals and liquor184

109.Sale of liquor, offences as to185

110.Licensed premises and sports arenas, offences as to187

111.Trading outside permitted hours, offences as to191

112.Exceptions to s. 109, 110 and 111192

113.Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor193

113A.Websites of some licensees, information to be displayed on194

114.Closure of licensed premises, police powers as to194

115.Drunk etc. people, offences as to, refusal of entry to etc.195

115AA.Banning people from licensed premises, Commissioner of Police’s power for199

115AB.Delegation by Commissioner of Police201

115AC.Publication of details of people banned under s. 115AA201

115AD.Review of s. 115AA notices202

115AE.Permitting entry to premises contrary to s. 115AA notice204

115A.Drinking water to be provided free at certain licensed premises204

116.Documents to be displayed etc. at premises and produced205

116A.Register of incidents at licensed premises to be maintained206

Division 7 — Complaints to Director

117.Noise or behaviour related to licensed premises, complaints about207

Division 8 — Liquor on unlicensed premises

118.Persons purporting to be licensee212

119.Unlicensed premises etc., offences as to213

Division 8A — Conduct of unapproved businesses on or from licensed premises

119A.Non-liquor businesses on licensed premises, conduct of requires approval216

Division 9 — Juveniles

120.When juveniles permitted on licensed premises217

121.Licensed premises, offences as to juveniles219

122A.Supplying juveniles with alcohol on unlicensed premises223

122.Regulated premises, offences as to juveniles224

123.Possession etc. of liquor, offences by juveniles226

124.Sending juveniles to obtain liquor, offence226

125.Defences to offences under this Division227

126.Suspected juveniles, authorised persons’ powers as to, offences by228

126A.Entertainment for juveniles on licensed premises, application for approval of230

126B.Entertainment for juveniles on licensed premises, approval of231

Division 10 — Miscellaneous

126C.Crowd controllers to be authorised when exercising powers of removal232

126D.Undesirable liquor products, declaration of and offence as to232

126E.Special events, operation of Act may be modified for234

Part 5 — Financial provisions

Division 1 — Licence fees

127.Payment of licence fees235

128.Regulations about licence fees235

Division 2 — Subsidies

129.Terms used236

130.Subsidies for wholesalers and producers236

131.Application for subsidy237

132.Director to pay subsidies237

133.Consolidated Account appropriated237

134.Correcting incorrect subsidy payments238

135.Failure to correct incorrect subsidy application238

136.Minister may order subsidies to cease239

Division 3 — Power of Commission with respect to moneys due

143.Order for payment of money240

Division 4 — Records and returns

145.Records of liquor transactions to be kept by licensees etc.241

146.Information to be given to Director in returns242

Division 5 — Recovery of illegal gains

147.Illegal gains, estimation and recovery of243

Division 6 — Information

148.Information etc., Director’s powers to obtain244

149.Use of information, Director’s powers as to244

150.Premises and records, Director’s right of access to etc.244

151.Licensing authority may assist other authorities245

152.Disclosure of information by officials245

Part 5A — Prohibition orders

152A.Terms used247

152B.Commissioner of Police may apply for prohibition orders247

152C.Evidence in support of s. 152B application248

152D.Notice of s. 152B application etc. to be given to relevant person248

152E.Director may make prohibition orders249

152F.Term of prohibition orders249

152G.Applications to vary or revoke prohibition orders250

152H.Evidence in support of s. 152G application250

152I.Notice of s. 152G application etc. to be given to respondent250

152J.Director may vary or revoke prohibition orders251

152K.Service and publication of prohibition orders251

152L.Failing to comply with prohibition orders252

152M.Permitting entry to premises contrary to prohibition order253

152NA.Relationship with Criminal Organisations Control Act 2012253

Part 5B — Liquor restricted premises

152N.Terms used254

152O.Liquor on liquor restricted premises, offences as to254

152P.Declaration of liquor restricted premises255

152Q.Liquor restriction declarations, power to make256

152R.Service etc. of liquor restriction declarations257

152S.Notice of liquor restriction declaration to be displayed at premises258

152T.Duration of liquor restriction declarations259

152U.Varying liquor restriction declarations259

152V.Revoking liquor restriction declarations261

152W.Applications generally261

152X.Decisions under Part 5B not subject to review under s. 25262

Part 6 — Enforcement

153.Authorised officers etc., functions and reports of263

154.Authorised officers, powers of entry etc., offences as to264

155.Police, powers of to enter, seize liquor etc.266

156.Local governments, functions of268

157.Evasion of fees due etc., offence269

158.Failing to comply with licensing authority’s requirements etc., offence269

159.False or misleading statements and records, offence270

160.Information about offences, power to obtain271

161.Search warrants, issue and execution of272

162.Separate offences and continuing offences274

163.Sale of liquor, presumption of in some cases275

164.Bodies corporate and partnerships, offences by275

165.Licensee liable for act of employee etc.278

166.General penalty278

167.Infringement notices279

168.Prosecutions, institution of281

169.Prosecutions, hearing of and limitation periods for282

170.Evidentiary provisions as to proof of certain facts282

171.Accomplices, who are not, evidence of284

172.Averments in charges, proof of certain documents and facts285

172A.Forfeiture of liquor etc. on conviction or payment of modified penalty290

Part 7 — General

173.Pending review etc. not to affect liability292

174.Service of documents292

174A.Criminal and Found Property Disposal Act 2006, application of293

174B.Liquor accords: authorisation for purposes of Competition and Consumer Act 2010 and Competition Code293

175.Regulations293

177.Transitional provisions (Sch. 1)295

177A.Transitional provisions for Liquor and Gaming Legislation Amendment Act 2006 (Sch. 1A)296

177B.Transitional provisions for Liquor Control Amendment Act 2010 (Sch. 1B)296

177C.Transitional provisions for Liquor Control Amendment Act 2018 (Sch. 1C)296

178.Review of Act296

Schedule 1 — Transitional provisions

1.Terms used298

2.Continuing effect of convictions, forfeitures etc.299

3.Proceedings part heard, rules of court, and appointments under repealed Act299

4.Fees301

5.Continuing effect of conditions, delineated or designated areas, approvals etc.302

6.Conversion of licences generally303

7.Hotel licences305

8.Limited hotel licences305

9.Tavern licences305

10.Obligatory trading hours relating to hotel licences305

11.Winehouse licences and Australian wine licences306

12.Casino liquor licences307

13.Cabaret licences307

14.Restaurant licences307

15.Restaurant facilities on premises formerly licensed as a hotel, tavern, limited hotel, or winehouse307

16.Store licences308

17.Vigneron’s licences and brewer’s licences309

18.Wholesale licences309

19.Club licences and unlicensed club permits310

20.Certain licences to become special facility licences311

21.Caterer’s permit313

22.Exempted producers etc.313

23.Certain licences may become special facility licences313

24.References in other written laws314

Schedule 1A — Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006

1.Terms used315

2.Liquor Licensing Court315

3.Liquor Licensing Court judge315

4.Pending cases stated and appeals to Supreme Court316

5.Pending applications and matters316

6.Licences granted and permits issued by Liquor Licensing Court317

7.Cabaret licences317

8.Courses of training and assessments317

9.References to Liquor Licensing Court and Liquor Licensing Court judge318

10.Transitional regulations318

Schedule 1B — Transitional provisions relating to the Liquor Control Amendment Act 2010

1.Terms used319

2.Current managers taken to be licensed319

3.Duration of transitioned approvals319

4.Current applications320

Schedule 1C — Transitional provisions relating to the Liquor Control Amendment Act 2018

1.Application of s. 36B to existing applications for grant or removal of licence321

2.Small bar licences321

3.Certain restaurant licences: no fee for application for extended trading permit under section 60(4)(ca)321

4.Application of s. 77A to existing applications for alteration or redefinition of licensed premises322

Schedule 2 — Unincorporated clubs

Division 1 — The Anzac Club

1.Terms used323

2.Anzac Club323

Division 2 — The Air Force Association Club

1.Terms used325

2.Air Force Association (Western Australia Division) Club325

Notes

Compilation table327

Provisions that have not come into operation332

Defined terms

 

Liquor Control Act 1988

An Act to regulate the sale, supply and consumption of liquor, the use of premises on which liquor is sold, and the services and facilities provided in conjunction with or ancillary to the sale of liquor, to minimise harm or ill‑health caused to people, or any group of people due to the use of liquor, to provide for orders that may prohibit persons from being employed at, or from entering, licensed premises, to repeal the Liquor Act 1970 2, and for related matters.

[Long title amended by No. 12 of 1998 s. 4 (correction in Gazette 31 Jul 1998 p. 3942); No. 73 of 2006 s. 4.]

Part 1  Preliminary

1.Short title

This Act may be cited as the Liquor Control Act 1988 1.

[Section 1 amended by No. 73 of 2006 s. 5.]

2.Commencement

The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation 1.

3.Terms used

(1)In this Act, unless the contrary intention appears — 

approved restricted manager means a person approved under section 102B(1)(b);

approved unrestricted manager means a person approved under section 102B(1)(a);

assessment in relation to a subsidy includes determining eligibility to receive the subsidy and the calculation of the subsidy;

authorised officer means — 

(a)the Director; or

(b)an inspector; or

(c)a person specifically authorised by the Director under a delegated authority conferred pursuant to section 15 to carry out the functions, or particular functions, of an authorised officer; or

(d)a member of the Police Force;

authorised person, in relation to licensed or regulated premises, means — 

(a)the licensee or occupier of the premises; or

(b)a manager of the premises; or

(c)an employee or agent of the licensee or occupier or a manager; or

(d)a member of the Police Force;

beer means liquor of the type known as beer, ale, lager, porter, or stout or any other type of liquor produced by brewing;

casino, casino complex, casino complex agreement, and casino gaming licence have the same respective meanings as in the Casino Control Act 1984;

casino liquor licence means a licence granted under section 44;

cellar door permit has the meaning given in section 61A(1);

chairperson means the chairperson of the Commission;

Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1);

club licence means a licence granted under section 48, which may be granted without restriction or as a club restricted licence;

club restricted licence means a club licence of the kind referred to in section 48(1);

Commission means the Liquor Commission established under section 8;

Commissioner of Police means the Commissioner of Police appointed under the Police Act 1892 or a police officer authorised to act on behalf of the Commissioner of Police under subsection (6);

condition includes — 

(a)a limitation, restriction or prohibition; and

(b)in relation to a licence, any provision of that licence affecting the authorisation conferred,

whether or not it purports to be expressed by way of a condition;

confidential police information means any information or document classified by the Commissioner of Police as confidential under section 30(1);

consume, in relation to liquor, includes inhale and absorb;

crowd control agent has the same meaning as it has in the Security and Related Activities (Control) Act 1996 section 34;

crowd controller’s licence means a licence issued for the purposes of the Security and Related Activities (Control) Act 1996 section 37;

decision includes an order, direction or determination;

Department means the department of the Public Service principally assisting in the administration of this Act;

Department’s website means a website maintained by or on behalf of the Department;

dining area means — 

(a)a separate room or defined area; or

(b)a clearly distinct part of a separate room or defined area,

used solely or primarily for the supply of meals;

director, in relation to a body corporate, includes — 

(a)a member of the board or committee of management of the body corporate; and

(b)a person occupying or acting in a position to which paragraph (a) refers, by whatever name the position is called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(c)any person in accordance with whose directions or instructions directors of the body corporate are accustomed to act;

Director or Director of Liquor Licensing means the chief executive officer of the Department;

disqualified means — 

(a)in relation to an applicant for a licence — a person to whom section 34(2) applies; and

(b)in relation to the occupier of a position of authority in a body corporate that holds or seeks a licence — a person to whom section 34(2) or an order made under section 96(1)(g) applies;

drunk has the meaning given by section 3A(1);

extended trading permit means a permit issued under section 60;

function means a gathering, occasion or event (including a sporting contest, show, exhibition, trade or other fair, or reception) at which it is proposed that liquor be sold or supplied to those present;

Gaming and Wagering Commission means the Gaming and Wagering Commission established under the Gaming and Wagering Commission Act 1987;

gross turnover, in relation to a licence, means the gross proceeds derived by the licensee from the sale of liquor under the licence;

guest, in relation to licensed premises under a club licence, means a person who not being a member of the club is introduced to the club by a member in accordance with the rules of the club;

hotel licence means a licence granted under section 41, which may be granted without restriction, as a hotel restricted licence, as a tavern licence or tavern restricted licence;

hotel restricted licence means a hotel licence of the kind referred to in section 41(1)(b);

inspector means an inspector appointed under section 14(1)(a);

juvenile means a person under the age of 18 years;

kind, in relation to liquor, means one of the following kinds — 

(a)wine made from grapes; or

(b)wine not made from grapes; or

(c)spirits; or

(d)beer; or

(e)any other kind prescribed;

lawyer means an Australian lawyer within the meaning of that term in the Legal Profession Act 2008 section 3;

lease includes any tenancy or letting of, or licence to occupy, premises, in writing or otherwise and, if in writing, whether by deed or otherwise, and lessee and lessor shall be construed accordingly;

licence means a licence granted under this Act;

licence fee means the fee payable for a licence in respect of a licence period or the fee payable in respect of a permit;

licence period, in relation to a licence, means each calendar year during which, or during any part of which, the licence is in force;

licensed premises means the premises specified or defined by the licensing authority in relation to a licence, protection order or permit as the building or place to which that licence, order or permit relates;

licensee means a person who holds a licence or permit under this Act, includes a person who is authorised under section 86 or 87 to carry on business under a licence or as if that person were a licensee, and may in accordance with section 101 include a reference to a person appointed or permitted to conduct, supervise or manage the business;

licensing authority means — 

(a)in relation to an application or matter that is, under this Act, to be determined by the Commission — the Commission; and

(b)otherwise — the Director;

liquor means — 

(a)a substance intended for human consumption which at 20° Celsius contains more than 1.15% ethanol by volume, or such other proportion as is prescribed; and

(b)any other substance prescribed as being liquor for the purposes of this Act; and

(c)any thing that, for the purposes of sale, is held out to be such a substance;

liquor merchant means a person who is — 

(a)licensed under this Act, otherwise than by an occasional licence only; or

(b)authorised under the law of another State, or of a Territory,

to sell liquor;

liquor store licence means a licence granted under section 47;

lodger means a person residing, whether casually or permanently, on the premises;

manager, in relation to licensed premises, means —

(a)an approved unrestricted manager or approved restricted manager appointed by the licensee of the premises to supervise and manage the premises; or

(b)a person appointed in accordance with section 100(3) to act as a temporary manager of the premises;

meal means food —

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

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

(c)that may consist of one or more courses,

but does not include any food prescribed not to be a meal;

member —

(a)in relation to a club — includes a person who is a member of the club by reason of reciprocal arrangements with another club made in accordance with the rules of the club; and

(b)in relation to the Commission — means a member of the Commission and includes the chairperson;

metropolitan area means — 

(a)the region described in the Planning and Development Act 2005 Schedule 3; and

(b)such other area as may be prescribed;

nightclub licence means a licence granted under section 42;

occasional licence means a licence granted under section 59;

owner, in relation to licensed premises or regulated premises, means a person — 

(a)entitled to the rents or profits of the premises; or

(b)who would be so entitled if the premises were let at a rent; or

(c)who is a mesne lessor of the premises; or

(d)who is attorney or agent for such a person and is capable of giving a valid receipt for the rent, when such a person is absent from the State,

and includes, where the premises are the subject of a contract for sale or assignment, both vendor and purchaser;

packaged liquor means liquor delivered to or on behalf of the purchaser in sealed containers for consumption off the licensed premises;

party to proceedings includes —

(a)an objector, unless a determination is made under section 74(4) in relation to the objection; and

(b)a person who intervenes in proceedings;

permit means an extended trading permit issued under section 60;

permitted hours, in relation to licensed premises, means the hours during which the licensee is, under Part 4 Division 1 or the terms and conditions of the licence, authorised to sell liquor;

premises includes — 

(a)land; or

(b)a vehicle; or

(c)a part of premises,

and in relation to an application to which section 62 applies includes premises proposed to be erected and premises as proposed to be altered;

prescribed means prescribed in regulations under section 175;

producer’s licence means a licence granted under section 55;

proprietary company has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;

protection order means an order made under section 87 or 89;

reception includes a convention, conference, seminar or similar function at which people gather in substantial numbers for a particular purpose (but of which the consumption of liquor is not a predominant purpose);

reception area means a part of any premises on which liquor is supplied for consumption ancillary to a meal but not necessarily during the meal;

record means — 

(a)any book, account, document, paper or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic or other means or process; and

(b)the contents (in an intelligible form) of records that are kept by computer or are otherwise kept not in a readily intelligible form; and

(c)any other sources of information prescribed for the purposes of this definition;

regulated premises means premises to which section 122 applies;

related body corporate has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;

relative, in relation to a licensee, includes a de facto partner of the licensee;

removal, in relation to a licence, has the meaning assigned by section 31(1)(b);

responsible person, in relation to licensed premises, means —

(a)the licensee or occupier of the premises; or

(b)a manager of the premises; or

(c)an employee or agent of the licensee or occupier or a manager;

restaurant means premises on which meals are, or upon the grant of a licence in relation to the premises are proposed to be, regularly prepared for sale, or supplied, and are eaten;

restaurant licence means a licence granted under section 50;

sample, in relation to a type of liquor, means the prescribed quantity of that type of liquor;

Secretary, in relation to a club, means the principal executive officer of the club, for the time being, by whatever name called and whether or not that person is a member of the club;

sell, in relation to liquor, includes — 

(a)agree or attempt to sell; or

(b)offer or expose for the purpose of selling; or

(c)send, forward or deliver for sale or on sale; or

(d)barter or exchange; or

(e)dispose, by lot or chance or by auction; or

(f)supply, or offer, agree or attempt to supply — 

(i)in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or

(ii)gratuitously, but with a view to gaining or maintaining custom or other commercial advantage;

or

(g)authorise, direct, cause or permit to be done any act referred to in this definition,

and includes, in relation to a club, supply to or to the order of members otherwise than by way of sale, but does not in relation to any class of licence include the provision of a free sample authorised by this Act;

ship includes a boat or vessel;

small bar licence means a licence granted under section 41A;

special facility licence means a licence granted under section 46;

spirits means potable spirit which at 20° Celsius contains more than 20.06% ethanol by volume;

subsidy means subsidy within the meaning of Division 2 of Part 5;

substance, in the definition of liquor, includes a vapour;

tavern licence means a hotel licence of the kind referred to in section 41(1)(a);

tavern restricted licence means a hotel licence of the kind referred to in section 41(1)(c);

this Act includes subsidiary legislation made under it;

townsite means a townsite under the Land Administration Act 1997;

trustee means a person appointed under section 35A;

vehicle includes a ship, train or aircraft and any other conveyance used for the carriage of persons;

wholesaler’s licence means a licence granted under section 58;

wine includes — 

(a)liquor of the type known as mead, cider, cyser, or perry; or

(b)liquor obtained from the alcoholic fermentation of grapes or the must of grapes; or

(c)liquor obtained from the alcoholic fermentation of other fruit, vegetables, berries or honey; or

(d)liquor prescribed as wine,

but does not include liquor which at 20° Celsius contains more than 20.06% ethanol by volume.

(2)For the purposes of this Act, liquor shall not be regarded as having been provided by way of free sample if a charge is made — 

(a)for admission to the premises on which the liquor is supplied; or

(b)for the hire of glasses or containers or any device or the use of any facility on the premises; or

(c)for entertainment or refreshments provided on those premises in circumstances in which the provision of entertainment or refreshments is related to the provision of liquor by way of sample, one being incidental or ancillary to the other.

(3)Where a provision of this Act operates by reference to a prescribed minimum quantity of liquor, that provision shall be deemed to allow for a tolerance not exceeding 2% of the quantity so prescribed.

(4)For the purposes of this Act, a person occupies a position of authority in a body corporate if that person — 

(a)is a director of the body corporate; or

(b)exercises or exerts, or is in a position to exercise or exert, control or substantial influence over the body corporate in the conduct of its affairs; or

(c)manages, or is to manage, the business of the body corporate to be conducted under a licence; or

(d)occupies a position, in relation to the body corporate, prescribed to be a position of authority,

or, where the body corporate is a proprietary company, if that person is a shareholder in that proprietary company.

(5)A requirement under this Act to provide or produce a record is, where the record is not written or not written in the English language, a requirement to provide or produce a statement, written in the English language, setting forth such of the particulars in the record as are not written or are not written in the English language.

(6)A reference in a provision of this Act to the Commissioner of Police shall include a police officer authorised in writing by the Commissioner of Police to act on his or her behalf for the purposes of this Act, or for the purposes of the particular provision.

(7)In the definitions of authorised person and responsible person in subsection (1) —

employee includes —

(a)a person engaged under a contract for services by the licensee or occupier or a manager of licensed or regulated premises; and

(b)a person holding a crowd controller’s licence who is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of licensed premises to supply the services of crowd controllers at those premises.

[Section 3 amended by No. 56 of 1997 s. 26(1), (2) and (3); No. 12 of 1998 s. 5 and 70(5); No. 23 of 2000 s. 4; No. 27 of 2000 s. 9; No. 10 of 2001 s. 220; No. 28 of 2003 s. 105; No. 35 of 2003 s. 173(2); No. 73 of 2006 s. 6 and 106; No. 21 of 2008 s. 675(2); No. 56 of 2010 s. 4, 25, 27 and 35; No. 47 of 2011 s. 27; No. 35 of 2015 s. 4; No. 19 of 2016 s. 162; No. 9 of 2018 s. 4.]

3A.Term used: drunk

(1)A person is drunk for the purposes of this Act if —

(a)the person is on licensed premises or regulated premises; and

(b)the person’s speech, balance, co‑ordination or behaviour appears to be noticeably impaired; and

(c)it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

(2)If an authorised officer or a person on whom a duty is imposed under section 115 decides, in accordance with subsection (1), that a person is drunk at a particular time, then, in the absence of proof to the contrary, that person is to be taken to be drunk at that time.

[Section 3A inserted by No. 73 of 2006 s. 7.]

4.Storing and receiving liquor for licensed premises at other premises; records to be kept

[(1)‑(4)deleted]

(5)Where the sale of liquor is authorised under a licence on or from the licensed premises and not otherwise, liquor may be supplied and delivered to the purchaser from the stock of liquor kept on those premises, or on premises to which approval under subsection (6) relates, and not otherwise.

(6)On application by a licensee of a producer’s licence, a wholesaler’s licence or a special facility licence of a prescribed type, the Director may, in writing, approve premises other than the licensed premises for the purposes of this subsection, and the licensee is then authorised to store liquor on the approved premises and to supply or deliver liquor from those premises, whether or not the licence includes a condition that liquor be sold only on the licensed premises.

(7)A person who is required to make and maintain under this Act records of transactions involving liquor shall record, and in any return under this Act may be required to state — 

(a)whenever a delivery of liquor by the licensee was effected otherwise than at the licensed premises; and

(b)the place at which it was delivered.

[Section 4 amended by No. 56 of 1997 s. 27; No. 12 of 1998 s. 6; No. 73 of 2006 s. 8; No. 9 of 2018 s. 5.]

5.Objects of Act

(1)The primary objects of this Act are — 

(a)to regulate the sale, supply and consumption of liquor; and

(b)to minimise harm or ill‑health caused to people, or any group of people, due to the use of liquor; and

(c)to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State.

(2)In carrying out its functions under this Act, the licensing authority shall have regard to the primary objects of this Act and also to the following secondary objects — 

(a)to facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; and

[(b), (c)deleted]

(d)to provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor; and

(e)to provide a flexible system, with as little formality or technicality as may be practicable, for the administration of this Act; and

(f)to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor that are consistent with the interests of the community.

(3)If, in carrying out any of its functions under this Act, the licensing authority considers that there is any inconsistency between the primary objects referred to in subsection (1) and the secondary objects referred to in subsection (2), the primary objects take precedence.

[Section 5 amended by No. 12 of 1998 s. 7; No. 73 of 2006 s. 9; No. 9 of 2018 s. 6.]

6.Act not to apply in certain cases

(1)Subject to subsection (2), this Act does not apply — 

(a)to liquor supplied or consumed as part of a religious service, or sold to a religious organisation or its representative for sacramental or similar religious purposes; or

(b)where liquor is sold or administered for medicinal purposes —

(i)by a person registered under the Health Practitioner Regulation National Law ( Western Australia ) in the pharmacy profession; or

(ii)by or on the prescription of a person registered under the Health Practitioner Regulation National Law ( Western Australia ) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law or registered under that Law in the medical profession;

or

(c)where liquor is supplied in the course of an educational course, declared by the regulations to be an approved course for the purposes of this section; or

(d)where liquor is sold or consumed in Parliament House, by permission of the proper authority; or

(e)where liquor is sold by, or under the authority of, the Public Transport Authority of Western Australia, under the Government Railways Act 1904; or

(f)to the sale or supply of liquor in a Police Force canteen, under the Police Act 1892; or

(g)to the sale, by auction — 

(i)by any person authorised by the sheriff; or

(ii)by a bailiff; or

(iii)by a member of the Police Force,

of liquor taken in execution or seized under, or forfeited by operation of, a written law; or

(h)to the official receiver or trustee in bankruptcy of a bankrupt estate selling liquor that is the property of that estate for the purposes of winding up that estate; or

(j)to an executor or administrator of the estate of a deceased person selling liquor that is the property of that estate for the purposes of winding up that estate; or

(k)to an insurer selling liquor to which title was acquired by virtue of the settlement of a claim made under a policy of insurance, but not by purchase; or

(m)to the sale of distilled spirits in bond, by the occupier of a vineyard to the occupier of another vineyard; or

(n)where the liquor is an allowance supplied to a member of the crew of a ship; or

(o)where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act.

(2)An authorised officer may require any person who is in a position to provide information relating to the sale or supply of liquor in circumstances to which subsection (1) is alleged to apply to answer any question put to that person on that subject by the authorised officer, and to produce any record in the possession of that person that relates to any such transaction.

[Section 6 amended by No. 12 of 1998 s. 35(2); No. 31 of 2003 s. 151; No. 35 of 2010 s. 104; No. 56 of 2010 s. 36.]

Part 2 — The licensing authority

Division 1 — The licensing authority

7.Constitution and jurisdiction of licensing authority

(1)The licensing authority comprises — 

(a)the Liquor Commission; and

(b)the Director of Liquor Licensing,

and may be constituted by either, but the jurisdiction which may be exercised by it depends upon the manner in which it is constituted and the powers conferred by this Act.

(2)The licensing authority as constituted by the Commission may sit and exercise the jurisdiction of the Commission notwithstanding that the licensing authority as constituted by the Director is at the same time exercising jurisdiction, and the Director may exercise jurisdiction while the Commission is sitting, but not in relation to the same application or matter.

(3)Subject to this Act, the Director —

(a)is not to exercise jurisdiction in respect of a matter before the Commission or within the jurisdiction of the Commission; and

(b)is not subject to direction by the Commission, except as a party to proceedings or as may be specifically provided by this Act.

[Section 7 amended by No. 12 of 1998 s. 8; No. 73 of 2006 s. 10 and 106.]

Division 2 — The Liquor Commission

[Heading inserted by No. 73 of 2006 s. 11.]

8.Commission established

A commission called the Liquor Commission is established.

[Section 8 inserted by No. 73 of 2006 s. 11.]

9.Jurisdiction of Commission

(1)The Commission has the jurisdiction conferred on it by this Act and any other written law.

(2)The Commission constituted in accordance with this Act may sit and exercise the jurisdiction of the Commission even though the Commission differently constituted in accordance with this Act is at the same time sitting and exercising the jurisdiction of the Commission.

[Section 9 inserted by No. 73 of 2006 s. 11.]

9A.Constitution of Commission

(1)Except as otherwise stated in this Act or determined by the chairperson under subsection (2), the Commission is to be constituted by one member.

(2)The chairperson may determine that, in respect of any particular matter or any matter of a particular kind, the Commission is to be constituted by 3 members.

(3)If the Commission is constituted by 3 members and they are divided on a question they are required to decide, the question is decided according to the opinion of the majority of them.

[Section 9A inserted by No. 73 of 2006 s. 11.]

Division 2A — Members of the Commission

[Heading inserted by No. 73 of 2006 s. 11.]

9B.Commission members

(1)The Commission is to have —

(a)a chairperson; and

(b)other members as determined by the Minister.

(2)The chairperson and other members are to be appointed in writing by the Minister.

(3)A person may be appointed as a member if, in the opinion of the Minister, the person has knowledge or experience relevant to the functions of the Commission.

(4)The Minister is to ensure that at least one member is a lawyer.

[Section 9B inserted by No. 73 of 2006 s. 11; amended by No. 21 of 2008 s. 675(3).]

9C.Tenure of office

(1)A member is to be appointed to hold office on a full‑time basis, part‑time basis or sessional basis.

(2)The term for which a person is appointed as a member is to be fixed in the instrument of appointment and is to be not longer than 5 years.

(3)A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.

[Section 9C inserted by No. 73 of 2006 s. 11.]

9D.Deputy chairperson

(1)The Minister is to appoint a member as the deputy chairperson of the Commission.

(2)The deputy chairperson may act as chairperson —

(a)in the absence of the chairperson; or

(b)if so requested by the chairperson; or

(c)during a vacancy in the office of chairperson.

(3)While acting as chairperson the deputy chairperson has, and may perform, the functions of chairperson.

(4)No act or omission of a person acting in the place of the chairperson under this section is to be questioned on the ground that the occasion for acting had not arisen or had ceased.

[Section 9D inserted by No. 73 of 2006 s. 11.]

9E.Removal or resignation

(1)The Minister may terminate the term of office of a member if —

(a)the member has been convicted of an indictable offence or an offence that, if committed in Western Australia , would be an indictable offence; or

(b)the member is an insolvent under administration according to the meaning of that term in the Commonwealth Corporations Act 2001; or

(c)the Minister is satisfied that the member has become incapable of performing, or has neglected to perform, the duties of office; or

(d)the Minister is satisfied that the member is unfit to hold office because of misconduct.

(2)A member may resign office by giving the Minister a signed letter of resignation.

[Section 9E inserted by No. 73 of 2006 s. 11.]

9F.Leave of absence

The Minister may grant leave of absence to a member on the terms and conditions that the Minister thinks fit.

[Section 9F inserted by No. 73 of 2006 s. 11.]

9G.Member whose term has expired may continue in office

Despite the term of office of a member having expired by the passage of time, the member may continue in office —

(a)until the member is reappointed, or a successor is appointed; and

(b)in any event for the purpose of completing any part‑heard proceedings,

unless the Minister otherwise directs.

[Section 9G inserted by No. 73 of 2006 s. 11.]

9H.Remuneration and conditions of office

(1)The remuneration and allowances and other conditions of office of a member are to be determined by the Minister after consultation with the Public Sector Commissioner.

(2)Subsection (1) has effect subject to the Salaries and Allowances Act 1975 if that Act applies to the member.

(3)The remuneration and allowances and conditions of office of a member are not to be varied while the member is in office so as to become less favourable to the member.

[Section 9H inserted by No. 73 of 2006 s. 11; amended by No. 39 of 2010 s. 89.]

Division 2B — Other matters

[Heading inserted by No. 73 of 2006 s. 11.]

9I.Decisions of Commission to be written etc.

(1)A decision of the Commission is to be given in writing and authenticated in accordance with rules of the Commission.

(2)The Commission is to give a copy of a decision to each party to the proceedings.

(3)A failure of the Commission to comply with subsection (1) or (2) does not affect the validity of a decision.

[Section 9I inserted by No. 73 of 2006 s. 11.]

9J.Seal of Commission

(1)The Commission is to have a seal.

(2)All courts and persons acting judicially are required to take judicial notice of the official seal of the Commission affixed to a document.

(3)If the official seal of the Commission is affixed to a document, a court or person acting judicially is to presume that it was properly affixed unless the contrary is proved.

[Section 9J inserted by No. 73 of 2006 s. 11.]

9K.Annual reports by Commission

(1)The chairperson is required, on or before 30 September in each year, to submit to the Minister an annual report on the activities of the Commission during the year ending on the preceding 30 June.

(2)The annual report is to include details of —

(a)the number, nature and outcome of matters that have come before the Commission; and

(b)the number and nature of matters that are outstanding; and

(c)any trends or special problems that may have emerged; and

(d)forecasts of the workload of the Commission in the year after the year to which the report relates; and

(e)any proposals for improving the operation of the Commission.

(3)The Minister is to cause a copy of each report submitted under subsection (1) to be laid before each House of Parliament within 28 days after submission of the report.

(4)The chairperson, if requested to do so by the Minister, is to report to the Minister about the jurisdiction and functions of the Commission or any matter connected with the exercise of that jurisdiction or the performance of those functions.

(5)The chairperson may, from time to time, report to the Minister about anything referred to in subsection (4) whether or not the chairperson has been requested to do so.

[Section 9K inserted by No. 73 of 2006 s. 11.]

9L.Laying annual report before House of Parliament not sitting

(1)If —

(a)at the commencement of the period within which section 9K(3) requires a copy of a report to be laid before a House of Parliament, the House is not sitting; and

(b)the Minister is of the opinion that the House will not sit during that period,

the Minister is to transmit a copy of the report to the Clerk of the House.

(2)A copy of a report transmitted to the Clerk of a House is to be regarded as having been laid before that House.

(3)The laying of a copy of a report that, under subsection (2), is to be regarded as having occurred is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.

[Section 9L inserted by No. 73 of 2006 s. 11.]

9M.Protection and immunity of members, parties etc.

(1)A member has, in the performance of his or her functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge.

(2)A person representing a party in proceedings in the Commission has the same protection and immunity as a lawyer has in representing a party in proceedings in the Supreme Court.

(3)A party to proceedings in the Commission has the same protection and immunity as a party to proceedings in the Supreme Court.

(4)A person appearing as a witness before the Commission has the same protection and immunity as a witness has in proceedings in the Supreme Court.

[Section 9M inserted by No. 73 of 2006 s. 11; amended by No. 21 of 2008 s. 675(3).]

[10‑11.Deleted by No. 27 of 2000 s. 12.]

[12.Deleted by No. 12 of 1998 s. 10(1).]

Division 3 — The Director of Liquor Licensing

13.Functions of and hearings by Director

[(1)deleted]

(2)The Director is responsible for the administration of this Act, other than those aspects of administration that relate to the Commission.

(3)A person appointed to be, or to act in the office of, Director of Liquor Licensing in the exercise of the jurisdiction conferred by that office — 

(a)has the jurisdiction conferred on that office by this Act, and shall exercise that jurisdiction faithfully and impartially; and

(b)has in the exercise of that jurisdiction the same protection and immunity as has a member of the Commission.

(3a)Subsection (3) does not limit the functions of the Director as a chief executive officer under the Public Sector Management Act 1994.

(4)The Director is to determine applications and matters under this Act that are not subject to the jurisdiction of the Commission, and may defer consideration or further consideration of any application or matter if it is necessary to obtain more information.

(5)The Director — 

(a)without conducting a hearing, may determine any application or matter; but

(b)where the Director decides to conduct a hearing, may —

(i)fix a time and place for the hearing; and

(ii)cause notice to be given to the applicant and to any other person interested in the application or matter to be heard,

and a person so given notice shall be entitled to attend the hearing and to be heard.

(6)Any hearing before the Director shall be in private unless the Director considers that, in the circumstances of the case, the hearing should be in public, and where the hearing is to be in private the Director may, subject to subsection (4) and section 17, determine who shall be present.

[Section 13 amended by No. 32 of 1994 s. 3(2); No. 73 of 2006 s. 12.]

14.Inspectors etc., appointment of etc.

(1)There shall be appointed, as may be necessary — 

(a)inspectors to — 

(i)ensure that licensed premises conform to proper standards; and

(ii)examine records relating to liquor transactions and subsidies;

and

(b)such other officers as are required to assist the Commission and the Director in the administration of this Act.

(2)A person appointed pursuant to subsection (1) shall be appointed under, and shall hold office subject to and in accordance with, Part 3 of the Public Sector Management Act 1994.

(3)The Director shall furnish to — 

(a)an inspector; and

(b)a person specifically authorised by the Director under a delegated authority conferred pursuant to section 15 to carry out the functions, or particular functions, of an authorised officer,

a certificate of identity in the form approved by the Director.

[Section 14 amended by No. 32 of 1994 s. 3(2); No. 56 of 1997 s. 28; No. 73 of 2006 s. 106 and 111(1); No. 9 of 2018 s. 7.]

Division 4 — Other staff of the licensing authority

15.Director may del egate etc.

(1)The Director, by an instrument in writing signed personally by the Director and either generally or as otherwise provided by that instrument, may — 

(a)delegate to an inspector or other officer appointed pursuant to section 14 any of the functions of the Director under this Act other than this power of delegation; and

(b)authorise any other person to carry out any of the functions — 

(i)for which a person was, or may be, appointed to assist the Director pursuant to section 14(1)(b); or

(ii)which may be delegated under paragraph (a);

and

(c)authorise a person to whom paragraph (a) or (b) applies to sign determinations or other records on behalf of the Director — 

(i)making use of a facsimile of the signature of the Director; or

(ii)otherwise,

as may be approved by the Director.

(2)An authorisation under subsection (1)(b) or (c) shall be deemed to be a delegation for the purposes of sections 58 and 59 of the Interpretation Act 1984.

Division 5 — Proceedings before the licensing authority

16.Procedure, sittings, use of experts, evidentiary rules etc.

(1)In any proceedings under this Act, the licensing authority, however constituted — 

(a)shall act without undue formality; and

(b)may — 

(i)obtain information as to any question that arises for decision in such manner as it thinks fit; and

(ii)make its determination on the balance of probabilities;

and

(c)may, upon its own motion or upon the application of any party, adjourn the hearing or further hearing of any application or matter from time to time either to the same place or to any other place; and

(d)may consider and dismiss or determine applications, and receive submissions and representations in relation to any application before it, as it thinks fit.

(2)The licensing authority, when constituted by the Commission —

(a)may sit at such times and such places as it thinks fit; and

(b)may exercise in Chambers any jurisdiction of the Commission.

(3)The licensing authority, when constituted by the Director, may conduct or arrange hearings, meetings, consultations, and negotiations as the Director thinks fit, at such times and places as the Director may appoint.

(4)Any application, or any step taken in proceedings, may be set aside for irregularity — 

(a)by the Commission, if a requirement or order of the Commission is contravened; or

(b)by the Director, if a requirement or order of the Director is contravened,

by the person by whom or on whose behalf that application is made or those proceedings are taken.

(5)Subject to this Act, the procedure of the licensing authority shall be determined — 

(a)when any application or matter is before the Commission or within the jurisdiction of the Commission, by the Commission; but

(b)otherwise, by the Director.

(6)The Commission may appoint — 

(a)counsel to argue or make representations as to any matter before the Commission; or

(b)an independent expert to inquire into and report upon any question of fact or opinion not involving a question of law.

(7)The Evidence Act 1906 does not apply to the proceedings of the licensing authority, however constituted, and the licensing authority —

(a)is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that the licensing authority adopts those rules, practices or procedures or the regulations make them apply; and

(b)is to act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and

(c)is to act as speedily and with as little formality and technicality as is practicable.

(8)The hearing of a proceeding before the Commission must be in public unless the Commission considers that, in the circumstances of the case, the hearing should be in private.

(9)When the hearing of a proceeding before the licensing authority, however constituted, is in private, the licensing authority, of its own motion or on the application of a party to the proceeding, may —

(a)subject to section 17, give directions as to the persons who may be present; and

(b)give directions prohibiting or restricting the publication of evidence given before the licensing authority or of matters contained in documents lodged with the licensing authority or received in evidence by the licensing authority; and

(c)give directions prohibiting or restricting the disclosure, to some or all of the parties to a proceeding, of evidence given before the licensing authority, or of the contents of a document lodged with the licensing authority or received in evidence by the licensing authority, in relation to the proceedings.

(10)In considering — 

[(a)deleted]

(b)whether publication or disclosure, to some or all of the parties, of evidence given before the licensing authority, or of a matter contained in a document lodged with the licensing authority or received in evidence by the licensing authority, shall be prohibited or restricted,

the Commission shall take as the basis of its consideration the principle that it is desirable that evidence given before the Commission and the contents of documents lodged with the licensing authority or received in evidence by the licensing authority should be made available to all the parties, but shall pay due regard to any reasons given to the licensing authority why the publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

(11)Subject to subsections (8) and (9) and section 30, the licensing authority must ensure that each party to proceedings is given a reasonable opportunity to —

(a)present its case to the licensing authority; and

(b)inspect any documents —

(i)to which the licensing authority proposes to have regard in making a determination in the proceedings; and

(ii)that are relevant to the party’s case;

and

(c)make submissions in relation to any documents inspected under paragraph (b).

(12)Where applications are heard together, the evidence relating to one of them is evidence relating to the other or others.

(13)If, in respect of anything done or omitted to be done under this Act — 

(a)proceedings are brought against a person; and

(b)the licensing authority wishes to make a determination under this Act,

the licensing authority may make the determination despite the bringing of the proceedings.

(14)If a person is convicted of an offence against this Act, the registrar of the court in which that conviction occurred shall, as soon as practicable after the conviction, give notice in writing of the conviction to the Director.

[Section 16 amended by No. 12 of 1998 s. 10(2), (3), (4) and (5) and 11; No. 27 of 2000 s. 13; No. 59 of 2004 s. 141; No. 73 of 2006 s. 13 and 106; No. 56 of 2010 s. 37; No. 9 of 2018 s. 8.]

17.Representation of parties

(1)A party to proceedings being determined by the licensing authority may appear — 

(a)personally; or

(b)by counsel; or

(c)if the party is a member of an association which the licensing authority recognises as having been formed to promote or protect the interests of a section of the liquor industry, or of employees in the liquor industry — by an officer or employee of that association; or

(d)if the party is a body corporate — by an officer or employee of the body corporate who has obtained leave of the licensing authority to appear on its behalf; or

(e)by any other person approved by the licensing authority.

(2)The Commissioner of Police may be represented before the licensing authority by a member of the Police Force, and where a member of the Police Force purports in any proceedings to represent the Commissioner of Police that person shall be deemed, in the absence of proof to the contrary, to have been authorised by the Commissioner of Police so to do.

[Section 17 amended by No. 12 of 1998 s. 12.]

18.Witnesses and evidence, powers to summon etc.

(1)The licensing authority may — 

(a)by summons require any person to attend before the licensing authority at a time and place specified in the summons for the purpose of giving evidence relevant to any application or matter before the licensing authority; and

(b)by summons require the production of records; and

(c)inspect records produced before it, and take copies of, or extracts from, them; and

(d)require any person who is a party to or concerned in the proceedings to take an oath or affirmation or provide a statutory declaration verifying evidence given, or to be given, to the licensing authority; and

(e)require any person appearing before it to answer a question put to that person by the licensing authority or by some other person appearing before the licensing authority.

(2)A summons under subsection (1) may be issued, whether on the application of any party to proceedings before the licensing authority or on its own motion, on behalf of the licensing authority — 

(a)where the matter is to be determined by the Commission, by a member; or

(b)where the matter is to be determined by the Director, by the Director or a person authorised by the Director under section 15.

(3)Any person who — 

(a)being an officer of the licensing authority, is for the time being so authorised by the chairperson or the Director; or

(b)is a Justice of the Peace; or

(c)is a person prescribed, by rules of the Commission or the regulations, for the purposes of this subsection,

may take and administer oaths and affirmations in, or for the purposes of, any application or matter that is being or is to be determined by the licensing authority.

[Section 18 amended by No. 12 of 1998 s. 10(6) and (7); No. 73 of 2006 s. 14 and 106.]

18AA.Notice of decision

(1)If the licensing authority, when constituted by the Director, makes a decision in relation to an application, the licensing authority must give to each party to proceedings written notice of —

(a)the decision; and

(b)the right of review under section 25.

(2)The notice may, but need not, include the reasons for the decision.

(3)If the notice does not include the reasons for the decision, a party to proceedings may, within 28 days after receiving the notice or any longer period that may be allowed by the Director, request the licensing authority to provide the party with the reasons for the decision.

(4)If a party to proceedings makes a request under subsection (3), the licensing authority must provide the party to proceedings with written reasons for the decision.

[Section 18AA inserted by No. 9 of 2018 s. 9.]

18A.Enforcing decisions

(1)Subject to sections 19 and 143, a decision of the licensing authority, however constituted, may be enforced under this section.

(2)A person seeking to enforce a decision under this section may file in the Supreme Court —

(a)a copy of the decision that the licensing authority has certified to be a true copy; and

(b)the person’s affidavit stating to what extent the decision has not been complied with; and

(c)a certificate from the licensing authority stating that the decision is appropriate for filing in the Supreme Court.

(3)No charge is to be made for filing a copy of a decision, an affidavit or a certificate under this section.

(4)On filing, the decision is to be taken to be a decision of the Supreme Court and may be enforced accordingly.

[Section 18A inserted by No. 73 of 2006 s. 15.]

19.Enforcing monetary penalties

[(1)deleted]

(2)If under this Act a monetary penalty is imposed by the licensing authority, however constituted, the amount of the penalty is to be paid, and its payment may be enforced, under Part 4 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 as if the amount were a fine, but under that Act neither a work and development order nor a warrant of commitment may be issued in respect of such an amount.

[Section 19 amended by No. 92 of 1994 s. 22; No. 73 of 2006 s. 16.]

20.Contempt etc.

(1)Where — 

(a)at, or on the way to or from, a hearing by the licensing authority — 

(i)a member, the Director or any other officer of the licensing authority is wilfully insulted by any person; or

(ii)a person hinders, obstructs, threatens or assaults any such officer, or any party or witness;

or

(b)a person wilfully interrupts the proceedings of the licensing authority; or

(c)in relation to proceedings before the licensing authority, a person — 

(i)does any other act or thing; or

(ii)refuses or neglects to do any act or thing,

in respect to those proceedings which, had that conduct occurred in respect to proceedings of the District Court, would have rendered that person liable to apprehension under section 63 of the District Court of Western Australia Act 1969,

the chairperson may report the matter to the District Court, and the District Court has jurisdiction to deal with the matter as if it were a contempt of the District Court.

(1a)If subsection (1) applies to an act or omission by a person and that act or omission is also an offence under this Act, the person is not liable to be punished twice.

(2)Effect shall be given to subsection (1) in relation to any hearing or proceedings before the licensing authority, however constituted.

(3)A person who — 

(a)having been served with a summons to attend before the Commission fails, without reasonable excuse, to attend in obedience to the summons; or

(b)having been served with a summons to produce records to the Commission fails, without reasonable excuse, to comply with the summons; or

(c)refuses to be sworn or to affirm, or to answer a relevant question, when required to do so by a member,

commits an offence.

Penalty: a fine of $5 000.

(4)Commitment or a fine under this section — 

(a)does not exempt a person from obeying any summons to appear before the Commission, to answer any relevant question or to produce any records; or

(b)prejudice any proceedings taken or to be taken under section 158.

[Section 20 amended by No. 12 of 1998 s. 10(8); No. 73 of 2006 s. 17 and 106; No. 56 of 2010 s. 69.]

21.Costs

(1)Subject to this Act, the costs of and incidental to all proceedings to be determined by the Commission, including any adjournment, shall be in the discretion of the Commission, and the Commission has power to determine by whom, in what manner and to what extent costs are to be paid.

(2)The costs may be recovered in any manner in which costs payable in respect of proceedings of the District Court may be recovered.

[(3)deleted]

(4)Costs and expenses, to be payable by or to a party to the proceedings, may be awarded by the Commission in respect of an objection whether the application to which the objection relates is granted, refused or withdrawn, except that costs shall not be awarded in relation to an objection made under section 73(1) by a person authorised to intervene under section 69(6), (7), (8) or (11).

(5)Where, in the opinion of the Commission, a person has — 

(a)brought proceedings; or

(b)exercised a right, or attempted to exercise a purported right, to object to an application,

frivolously or vexatiously, the Commission may award costs against that person.

(6)The Director does not have power to award costs.

[Section 21 amended by No. 73 of 2006 s. 18 and 106.]

22.Rules of Commission

Rules of the Commission may be made, by the Commission constituted by the chairperson and 2 other members, under this Act — 

(a)regulating the practice and procedure of the Commission and matters that are related; and

(b)subject to the regulations, as to the costs and charges payable in relation to proceedings under this Act.

[Section 22 amended by No. 73 of 2006 s. 19 and 106; No. 9 of 2018 s. 10.]

23.Proof of process; protection from personal liability

(1)If an action is brought against a person for anything done under a process issued under this Act, the production of that process under the seal of the Commission is sufficient proof of the authority of the Commission prior to the issuing of the process.

(2)Where a person is engaged in the administration or enforcement of this Act, the person incurs no liability for anything done by that person in good faith and in the exercise or purported exercise of official powers or of functions under this Act.

(3)No proceedings, civil or criminal, shall be taken or lie against any person for any act, matter or thing done or omitted to be done, or required to be done or omitted to be done — 

(a)by a person purportedly for the purposes of this Act; or

(b)in reliance on or pursuant to any order, direction, warrant, request or document apparently given, issued or made in accordance with the provisions of this Act,

unless it was malicious or lacked reasonable and probable cause.

[Section 23 amended by No. 73 of 2006 s. 106.]

Division 6 — Reference to the Commission, review and appeals

[Heading amended by No. 73 of 2006 s. 20.]

24.Director may refer matters to Commission

(1)The Director may, if he or she considers it appropriate, refer the whole or part of any matter that is to be determined by the Director, or any question of law arising from such a matter, for hearing and determination by the Commission.

(2)When hearing and determining a matter or part of a matter referred under subsection (1), the Commission is to be constituted by 3 members if —

(a)the matter or part of a matter relates to an application for the grant or removal of a licence; or

(b)the matter or part of a matter relates to the making, variation or revocation of a prohibition order under Part 5A; or

(c)the chairperson so determines under section 9A(2).

[Section 24 inserted by No. 12 of 1998 s. 13; amended by No. 73 of 2006 s. 21 and 106.]

25.Review of Director’s decisions

(1)Subject to subsections (3) and (5), where a person who is a party to proceedings before the Director is dissatisfied with a decision made by the Director in respect of those proceedings the person may apply to the Commission for a review of that decision.

(2)An application under subsection (1) must be made within a month after the applicant receives written reasons for the decision or such longer period as the Commission may allow.

(2a)An application for a review of a decision made by the Director under section 93 to cancel a licence can be made only on a question of law.

(2b)When carrying out a review of a decision made by the Director, the Commission is to be constituted by 3 members if —

(a)the decision relates to an application for the grant or removal of a licence; or

(b)the decision is to make, vary or revoke a prohibition order under Part 5A; or

(c)the chairperson so determines under section 9A(2).

(2c)When conducting a review of a decision made by the Director, the Commission may have regard only to the material that was before the Director when making the decision.

(2d)When conducting a review of a decision involving a question of law or giving directions under subsection (4)(c)(i), the Commission is to be constituted by, or is to include, a member who is a lawyer.

(3)A review of a decision under this section shall not reconsider any finding of fact by the Director as to — 

(a)the qualifications, reputation or character of a person, or the fitness or propriety of a person in relation to an application or licence; or

(b)the adequacy or suitability of any premises, accommodation or services provided, or proposed to be provided, under a licence; or

(c)in relation to a club licence or an application for such a licence, the existence of the club,

unless the review is sought by the person who lodged the application in respect of which the decision was made or, where a finding referred to in paragraph (a) is made, by the person in respect of whom the finding was made.

(4)On a review under this section, the Commission may — 

(a)affirm, vary or quash the decision subject to the review; and

(b)make a decision in relation to any application or matter that should, in the opinion of the Commission, have been made in the first instance; and

(c)give directions — 

(i)as to any question of law, reviewed; or

(ii)to the Director, to which effect shall be given;

and

(d)make any incidental or ancillary order.

(5)This section does not apply to any decision — 

(a)in respect of or incidental to — 

(i)an application for or the conduct of business under an extended trading permit or an occasional licence; or

(ii)the imposition, variation or cancellation of a term or condition of an extended trading permit or an occasional licence; or

(iia)the cancellation of, or suspension of the operation of, an extended trading permit or an occasional licence; or

(iii)the assessment of a subsidy;

or

(b)that by this Act is stated not to be subject to review; or

(ba)which is a decision made in the course of, or for the purposes of, an application or matter but is not the decision, or one of the decisions, disposing of the application or matter, and in particular does not apply to — 

(i)a decision relating to the hearing of an objection; or

(ii)a finding of fact required to be made in order for the matter or application to be disposed of;

or

(c)which is a decision made in the course of, and for the purposes of, the administrative duties of the Director not directly related to the outcome of any application or matter before the licensing authority.

(5a)Despite subsection (5)(a)(i), this section does apply to a decision in respect of or incidental to an application for an extended trading permit of a kind prescribed.

(6)For the purposes of this section — 

[(a)deleted]

(b)the transferor of a licence is a party to any proceedings relating to the transfer of the licence;

(c)a person who held a licence which was cancelled under section 93 is a party to any proceedings relating to its cancellation under that section.

[Section 25 amended by No. 56 of 1997 s. 29; No. 12 of 1998 s. 14; No. 73 of 2006 s. 22 and 106; No. 21 of 2008 s. 675(3); No. 9 of 2018 s. 11.]

25A.Commission may refer application for review to State Administrative Tribunal

(1)If an application is made to the Commission under section 25(1) for a review of a decision, the Commission may, instead of conducting the review, refer the application to the State Administrative Tribunal (the Tribunal) for a review of the decision.

(2)An application cannot be referred under subsection (1) unless the President of the Tribunal agrees to the referral.

(3)If an application is referred under subsection (1), the person who made the application is to be regarded as the applicant for the purposes of the exercise of the Tribunal’s review jurisdiction under the State Administrative Tribunal Act 2004.

(4)When conducting a review under this section, the Tribunal may have regard only to the material that was before the Director when making the decision.

(5)When conducting a review under this section involving a question of law or giving directions as to any question of law reviewed, the Tribunal is to be constituted by, or is to include, a lawyer.

(6)Section 25(3) applies to a review under this section as if it were a review under section 25.

(7)On a review under this section, the Tribunal has the powers conferred on the Commission under section 25(4).

[Section 25A inserted by No. 9 of 2018 s. 12.]

26.Some Director’s decisions have effect despite application to review

Where —

(a)the holder of a licence applies to the Commission for a review of a decision made by the Director in respect of that licence; or

(b)the person subject to a prohibition order under Part 5A applies to the Commission for a review of a decision made by the Director in respect of that order,

effect is to be given to the decision made by the Director unless the Commission, by way of interim order, otherwise directs.

[Section 26 inserted by No. 73 of 2006 s. 23.]

27.Question of law, Commission may state to Supreme Court

(1)The Commission may state a case on a question of law to the Supreme Court.

(2)A question of law arising on a case stated under this section shall be determined by a single judge of the Supreme Court.

[Section 27 amended by No. 45 of 2004 s. 37; No. 73 of 2006 s. 24 and 106.]

28.Appeals against Commission’s decisions

(1)Subject to this section, a person who —

(a)is a party to proceedings before the Commission; and

(b)is dissatisfied with a decision of the Commission,

may appeal under this section.

(2)No appeal lies against a decision of the Commission constituted by 3 members except to the Supreme Court on a question of law.

(2a)No appeal lies against a decision of the Commission constituted by 3 members if the decision was made solely or partly on the basis of confidential police information.

(2b)No appeal lies against a decision of the Commission constituted by one member except to the Commission constituted in accordance with subsection (4a)(a).

(2c)No appeal lies against a decision of the Commission constituted by one member if the decision was made on a review under section 25 of a decision of the Director.

(3)No further appeal lies against a decision of the Commission under this section on an appeal against a decision of the Commission constituted by one member.

(3a)No appeal lies against a decision of the Commission under section 96 to suspend the operation of a licence for a period of 2 weeks or less.

(4)An appeal under this section against a decision of the Commission constituted by 3 members — 

(a)shall be heard and determined by a single judge of the Supreme Court; and

(b)must be instituted within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.

(4a)An appeal under this section against a decision of the Commission constituted by one member —

(a)is to be heard and determined by the Commission constituted by 3 other members, including a member who is a lawyer; and

(b)must be instituted and conducted in accordance with rules of the Commission.

(5)On an appeal under this section to the Supreme Court, the Supreme Court may —

(a)affirm, vary or quash the decision appealed against; or

(b)make any decision that the Commission could have made instead of the decision appealed against; or

(c)send the decision back to the Commission for reconsideration in accordance with any directions or recommendations that the Court considers appropriate,

and, in any case, may make any ancillary or incidental order the Supreme Court considers appropriate.

(6)On an appeal under this section to the Commission constituted in accordance with subsection (4a)(a), the Commission may —

(a)affirm, vary or quash the decision appealed against; or

(b)make any decision that the Commission could have made instead of the decision appealed against,

and, in any case, may make any ancillary or incidental order the Commission considers appropriate.

[Section 28 amended by No. 12 of 1998 s. 15; No. 45 of 2004 s. 37; No. 73 of 2006 s. 25 and 106; No. 21 of 2008 s. 675(3); No. 9 of 2018 s. 13.]

29.Licence or permit continues to have effect pending appeal

Where the holder of a licence appeals against a decision of the Commission in respect of that licence or a permit relating to that licence — 

(a)effect shall not be given to that decision of the Commission; and

(b)the licence or permit shall (subject to the payment of any fees then due and payable) continue to have effect,

unless the Supreme Court or the Commission as constituted under section 28(4a)(a), as the case requires, by way of interim order, otherwise directs.

[Section 29 amended by No. 73 of 2006 s. 26 and 106.]

Division 7 — Confidential police information

[Heading inserted by No. 73 of 2006 s. 27.]

30.Confidential police information, use and protection of

(1)For the purposes of this section, the Commissioner of Police may classify as confidential any information or document held by the Commissioner of Police.

(2)Despite any other provision of this Act, any information or document provided by the Commissioner of Police to the licensing authority for the purposes of this Act must not be published or disclosed by the licensing authority to any person (except to the Minister, the Parliamentary Commissioner for Administrative Investigations appointed under section 5 of the Parliamentary Commissioner Act 1971, the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003, the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003, a court or a person to whom the Commissioner of Police authorises its disclosure) if the information or document is classified as confidential police information.

(3)If —

(a)the licensing authority —

(i)refuses an application for a licence, for approval of the transfer of a licence, or for approval of a person’s occupation of a position of authority in a body corporate under section 33(5); or

(ii)refuses approval of the appointment of a person as a trustee under section 35A; or

(iii)refuses to approve a person as an approved unrestricted manager or approved restricted manager under section 102B(1), or revokes or suspends such an approval; or

(iv)takes disciplinary action against a person under Part 3 Division 13; or

(v)makes or varies a prohibition order in respect of a person under Part 5A;

and

(b)the decision to do so is made solely or partly on the basis of confidential police information provided to the licensing authority,

the licensing authority is not required to give any reasons for the decision other than that the decision is made in the public interest.

(4)If the Commissioner of Police lodges an objection to an application under section 73 solely or partly on the basis of confidential police information —

(a)the Director is not required to serve a copy of the notice under section 73(4A); and

(b)the licensing authority must, at least 7 days before the hearing of the application, give the applicant written notice that the Commissioner of Police has objected to the application on the ground that the grant of the application would not be in the public interest.

(5)If the Director or the Commissioner of Police lodges a complaint under section 95 in respect of a person solely or partly on the basis of confidential police information, the complaint need only state that it would not be in the public interest if the person were to be or continue to be licensed or approved, as the case may be.

(6)In any proceedings under this Act (other than proceedings for an offence), the Director, the Commission or a court —

(a)must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police information, including steps —

(i)to receive evidence and hear argument about confidential police information in private and in the absence of any party to the proceedings other than the Director or the Commissioner of Police or their representatives; and

(ii)to prohibit the publication of evidence about confidential police information;

and

(b)may take evidence consisting of or relating to confidential police information by way of an affidavit of a member of the Police Force of or above the rank of Superintendent.

(7)The Commissioner of Police must not delegate the function of classifying information or documents as confidential police information except to a Deputy Commissioner of Police or an Assistant Commissioner of Police.

[Section 30 inserted by No. 73 of 2006 s. 27; amended by No. 56 of 2010 s. 5; No. 35 of 2014 s. 39; No. 9 of 2018 s. 14.]

Part 3 — Licences and permits

Division 1 — General matters

30A.Licences to sell liquor, grant and nature of

(1)The licensing authority may grant licences in accordance with this Act.

(2)A licence vests personally in the licensee to whom it is granted, and is not capable of being — 

(a)made subject to, or used as security for, any lien, charge or other adverse interest; or

(b)vested in any other person, except in accordance with this Act.

(3)In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a licence granted under subsection (1) that is transferable by the licensee is declared not to be personal property for the purposes of that Act.

[Section 30A inserted by No. 12 of 1998 s. 17; amended by No. 42 of 2011 s. 95 .]

30B.Power of attorney does not empower donee to act for licensee under this Act

A power of attorney, whether executed before or after the commencement of the Liquor Licensing Amendment Act 1998 1, empowering a person to act for a person who is a licensee does not empower the donee to act for the licensee under this Act and to that extent is of no effect.

[Section 30B inserted by No. 12 of 1998 s. 17.]

31.Licences, generally

(1)In this Act — 

(a)an application for approval to the transfer of a licence means an application to vary the licence in respect of any premises by substituting the name of the transferee for that of a person who holds or has held the licence for the same premises; and

(b)an application for the removal of a licence means an application seeking the variation of the licence so that it no longer has effect in relation to the premises to which it most recently applied and takes effect in relation to other premises.

(2)Where an applicant for approval to the transfer of a licence applies also for the removal of the licence the applications may be dealt with at the same time.

(3)Subject to — 

(a)this Act; and

(b)any other written law; and

(c)its conditions,

a licence authorises the holder to sell and supply liquor in accordance with its terms from the buildings or places referred to in the licence or otherwise as provided in the licence but, except to the extent that its terms or conditions may be varied by a permit or otherwise under this Act, in no other manner.

(4)The authorisation conferred by a licence, other than an occasional licence, may be varied by an extended trading permit issued by the licensing authority under section 60 by — 

(a)endorsement on the licence to which it relates; or

(b)a notice setting out the particulars of the variation.

(5)A licence granted or an extended trading permit issued by the licensing authority shall be in a form approved by the Director.

(6)Any term or condition applicable to a licence or permit — 

(a)unless imposed by this Act, shall on the grant of the licence or the issue of the permit be included in or endorsed thereon; and

(b)if thereafter imposed, varied (otherwise than pursuant to subsection (4)), or cancelled, shall be evidenced — 

(i)by a notice setting out particulars of the term or condition concerned, which shall, unless subsection (7)(a) applies, refer to the licence to which it relates and be served on the licensee; or

(ii)by being endorsed on it or included in a revised version,

as the Director may require.

(7)A notice for the purposes of subsection (4) or (6) — 

(a)which is published in the Gazette and is (whether or not subject to specified exceptions) of general application, or to apply generally to licences of a specified class or in a specified area, is not required to refer to the particular licence to which it relates or to be served on the licensee; but

(b)shall be signed personally by the Director.

(8)In subsection (7), specified means specified in the notice published in the Gazette.

[Section 31 amended by No. 12 of 1998 s. 18.]

32.Duration of licences

(1)Subject to subsections (2), (3), (4) and (5), a licence continues in force for all purposes, unless — 

(a)surrendered under section 94; or

(b)cancelled by the licensing authority under this Act,

but may be surrendered, as a condition of and on the coming into force of, another licence granted by way of transfer or removal of that licence.

(2)Notwithstanding that — 

(a)the licensee may cease to carry on business under the licence; or

(b)a protection order has effect; or

(c)an interim authorisation has effect under section 86,

a licence remains in force, for all other purposes, subject to subsection (1).

(3)A special facility licence expires — 

(a)where it is expressed to be granted for a specific period, when that period has elapsed; or

(b)where the Director determines that a special facility licence is no longer necessitated, on a date specified by the Director in a notice in writing given to the licensee, unless the Commission otherwise orders.

(4)An occasional licence expires in accordance with its terms, or where the occasion in respect of which it was granted has taken place, or on the period during which it was specified to have effect having elapsed.

(5)A licence the operation of which is suspended continues in force and is capable of being removed or transferred, but does not during the period of suspension authorise the sale of liquor.

(6)The suspension of the operation of a licence does not affect liabilities incurred by the licensee under this Act up to the date on which the suspension takes effect.

[Section 32 amended by No. 12 of 1998 s. 19 and 39(2); No. 73 of 2006 s. 106.]

33.Powers of licensing authority when deciding applications

(1)Subject to this Act, the licensing authority has an absolute discretion to grant or refuse an application under this Act on any ground, or for any reason, that the licensing authority considers in the public interest.

(2)An application — 

(a)may be refused, even if the applicant meets all the requirements of this Act; or

(b)may be granted, even if a valid ground of objection is made out,

but is required to be dealt with on its merits, after such inquiry as the licensing authority thinks fit.

(3)The licensing authority may waive or modify any requirement for formal compliance with any procedure relating to an application, but may impose conditions in relation to the waiver or modification.

[(4)deleted]

(5)The licensing authority may, on the application of a person who is, or is to be, appointed to a position of authority in a body corporate that holds a licence, approve the occupation of that position in the body corporate by that person.

(6)Where the licensing authority is to determine whether an applicant is a fit and proper person to hold a licence or whether approval should be given to a person seeking to occupy a position of authority in a body corporate that holds a licence, or to approve a natural person as an approved unrestricted manager, an approved restricted manager or a trustee —

(a)the creditworthiness of that person; and

(aa)the character and reputation of that person; and

(b)the number and nature of any convictions of that person for offences in any jurisdiction; and

(c)the conduct of that person in respect to other businesses or to matters to which this Act relates; and

(d)any report submitted, or intervention made, under section 69,

are relevant and amongst the matters to which consideration may be given.

(6a)For the purposes of a determination under subsection (6) in respect of a person, the character and reputation of any person suspected by the licensing authority to be associated with that person may be taken to be relevant and amongst the matters to which consideration should be given.

(6b)Unless the Director otherwise approves, a determination cannot be made under subsection (6) that a person —

(a)is a fit and proper person to hold a licence; or

(b)is approved to occupy a position of authority in a body corporate; or

(ca)is approved as an approved unrestricted manager, an approved restricted manager or a trustee,

unless the person has successfully completed —

(c)a course of training or an assessment, approved by the Director, in the management of licensed premises; and

(d)a course of training or an assessment, approved by the Director, in responsible practices in the sale, supply and service of liquor.

(6c)The regulations may modify the operation of subsection (6b) for the purposes of applications for or in respect of an occasional licence.

(6D)For the purposes of subsection (6)(b), the licensing authority may rely on any document issued by the Police Force of Western Australia, the Australian Federal Police or the police force of another State or a Territory that —

(a)sets out the criminal convictions (if any) of the person for offences under the law of the State, the Commonwealth or the other State or a Territory; and

(b)was issued not more than 30 days, or such other prescribed period, before the material time.

(7)Where the licensing authority is to determine whether any premises are of a sufficient standard or suitable for the proper conduct of any business — 

(a)the class of licence or kind of permit sought, and the obligations thereby imposed and the accommodation and facilities required; and

(b)the customary requirements of those persons from whom the applicant would ordinarily be expected to derive trade; and

(c)any requirements made known, or reasons appearing, in a certificate under section 39 or section 40; and

(d)any report submitted, or intervention made, under section 69,

shall be taken to be relevant and amongst the matters to which consideration should be given.

[Section 33 amended by No. 12 of 1998 s. 20; No. 73 of 2006 s. 28; No. 56 of 2010 s. 6 and 38.]

34.Certain applications not to be decided

(1)Subsection (2) applies to any application made to the licensing authority for — 

(a)the grant or removal of a licence; or

(b)approval to the transfer of a licence; or

(c)approval of a person — 

(i)as an approved unrestricted manager or an approved restricted manager; or

(ii)as a trustee; or

(iii)as the occupant of a position of authority in a body corporate that holds a licence.

(2)The licensing authority shall not hear or determine any application to which this subsection applies, if that application is made — 

(a)by a person who — 

[(i)deleted]

(ii)by reason of mental disorder, is incapable of managing his or her affairs; or

(iii)is, or under any written law is deemed to be, under sentence of imprisonment; or

(iv)being a body corporate, is an externally‑administered body corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or

(v)is disqualified from holding a licence, or holds a licence which is suspended, pursuant to an order made in disciplinary proceedings under this Act;

or

(b)by a juvenile; or

(c)by a person who — 

(i)holds office or is employed in the Public Service of the State or of the Commonwealth, or in any agency or instrumentality of the Crown; or

(ii)is a sheriff’s officer, bailiff or other person employed or authorised to execute any legal process,

unless the licensing authority is satisfied that there is no conflict of interest between the applicant’s employment and the operation of the licence.

(3)Subsection (4) applies to any application made to the licensing authority for — 

(a)the grant or removal of a licence; or

(b)approval to the transfer of a licence; or

(c)approval of a person — 

(i)as a trustee; or

(ii)as the occupant of a position of authority in a body corporate that holds a licence.

(4)The licensing authority must not hear or determine any application to which this subsection applies if that application is made by a person who is, according the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

[Section 34 amended by No. 12 of 1998 s. 21 and 97(1); No. 10 of 2001 s. 220; No. 18 of 2009 s. 51; No. 56 of 2010 s. 7 and 25; No. 9 of 2018 s. 15.]

35.Persons who may hold licences

(1)A licence may be granted — 

(a)to a natural person; or

(b)to a body corporate; or

(c)to an unincorporated body of persons in accordance with section 35A; or

(d)jointly, to 2 or more of the above.

(2)Where a licence is granted to 2 or more persons, those persons are jointly and severally liable — 

(a)as licensee; and

(b)in respect of any civil or criminal liability that attaches to the licensee under this Act.

[Section 35 inserted by No. 12 of 1998 s. 22.]

35A.Trustees for unincorporated bodies

(1)If a licence is granted to an unincorporated body of persons who are not joint holders of the licence, then the body must appoint a natural person as a trustee to hold the licence on its behalf.

(2)The body shall use a method of appointing a trustee which is approved in writing by the Director.

(3)A person shall not be appointed as trustee unless the Director is satisfied that the person is a fit and proper person for the position and has approved the appointment of the person in writing.

(4)Subject to section 100, a trustee may be a manager of the licensed premises.

[Section 35A inserted by No. 12 of 1998 s. 22; amended by No. 56 of 2010 s. 25.]

[35B.Deleted by No. 56 of 2010 s. 8.]

36.Two or more licences for same premises, restrictions on

(1)Subject to subsections (2) and (3), 2 or more licences shall not be granted in respect of the same part of any premises, but licences may be granted in respect of defined separate parts of the same premises.

(2)More than one club restricted licence may be granted in respect of the same premises, subject to section 48(4)(a)(i), where at no time or day do the permitted hours specified in the respective licences coincide or overlap.

(3)In addition to a licence granted in respect of any premises, or a part of any premises, either or both of the following licences may also be granted in respect of those premises or a part of those premises —

(a)an occasional licence;

(b)a licence conditionally granted under section 62.

[Section 36 amended by No. 9 of 2018 s. 16.]

36A.Petrol stations in some areas not to be granted licences

(1)In this section —

country townsite means a townsite that is outside the metropolitan area;

packaged liquor outlet means licensed premises from which packaged liquor is sold but does not include premises in respect of which a club licence is in force;

petrol station means a business that involves the retail sale of fuel for road vehicles to people travelling in them, whether or not other goods or services are also sold or supplied to those people.

(2)The licensing authority shall not approve the grant or removal of a licence that would authorise the sale of packaged liquor from any premises if there is a petrol station on the premises and the premises are —

(a)in the metropolitan area; or

(b)in, or within a prescribed distance outside, a country townsite in which there is a packaged liquor outlet.

(3)Subsection (2) does not apply in the case of an application for the removal of a licence that is in respect of premises on which there is a petrol station to other premises situated not more than 500 m from the premises from which the licence is sought to be removed.

[Section 36A inserted by No. 23 of 2000 s. 5.]

37.Pre-requisites for grants of licences etc.; conditions on licences

(1A)In this section —

public body means —

(a)an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1); or

(b)a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State; or

(c)a local government, regional local government or regional subsidiary; or

(d)any other body, or the holder of an office, post or position, that is prescribed as a public body for the purposes of this definition.

(1)An application to the licensing authority for the grant of a licence, for approval to the transfer of a licence, or for a permit to be issued, shall not be granted by the licensing authority unless the licensing authority is satisfied — 

(a)if the applicant, or one of the applicants, is a natural person — that the applicant is a fit and proper person to be a licensee of the premises to which the application relates; and

(b)if the applicant, or one of the applicants, is a body corporate or a public body —

(i)that each person who occupies a position of authority in the body corporate is a fit and proper person to occupy that position in a body corporate that is a licensee of the premises to which the application relates; and

(ii)that the conduct of business at the premises is, or will be, personally supervised and managed in accordance with section 100;

and

(c)if the applicant is an unincorporated body of persons who will not be joint holders of the licence — 

(i)that the persons have a common interest of a political, literary, sporting, social or other lawful nature and that the sale of liquor is incidental to, and not the primary purpose of, so associating; and

(ii)that a trustee is, or will be, appointed in accordance with section 35A;

and

(d)that each person directly or indirectly interested in the application or in the business, or the profits or proceeds of the business, to be carried on under the licence or permit is a fit and proper person to be so interested; and

(e)in the case of an application for — 

(i)an occasional licence; or

(ii)a special facility licence or an extended trading permit where the licensing authority determines that the requirements, or some of the requirements, of paragraph (f) would not be appropriate,

that the liquor will not be sold or consumed in a place or on premises unsuitable for the purpose; and

(f)except where paragraph (e) applies — 

(i)that the premises to which the application relates are, or when constructed will be, of a sufficient standard and suitable for the proper conduct of the business to be carried on there; and

(ii)as to the matters referred to in subsection (2); and

(iii)as to the matters referred to in any certificate required to be produced under section 39 or section 40.

(2A)Where the licensing authority is to determine whether a person is a fit and proper person to occupy a position of authority in an association incorporated, or taken to be incorporated, under the Associations Incorporation Act 2015 or a public body, the licensing authority may, in the absence of evidence to the contrary, assume that the person is a fit and proper person to occupy that position.

(2)On any application the licensing authority may require to be satisfied that any approval, consent or exemption required — 

(a)under the law relating to planning to permit the use of the premises for the sale of liquor; and

(b)under any written law, for the carrying out of building work that is to be carried out before the licence or permit sought takes effect,

has been obtained.

(3)An application shall not be granted where the licensing authority is satisfied that an undue degree of offence, annoyance, disturbance or inconvenience to — 

(a)persons who reside or work in the vicinity of the place or premises to which the application relates; or

(b)persons in, or travelling to or from, an existing or proposed place of public worship, hospital or school,

would be likely to occur.

[(4) del eted]

(5)Every licence, other than a club restricted licence or an occasional licence, is subject to the condition that the licensee occupies, and retains a right to occupy, the licensed premises to the exclusion of others, and — 

(a)an application for the grant or removal of such a licence shall not be granted unless the licensing authority is satisfied that the applicant can, or on the grant of the application will be enabled to, comply with that condition; and

(b)if the licensee ceases to occupy the licensed premises, whether or not to the exclusion of others, the interest of the licensee in the licence terminates.

(6)The condition referred to in subsection (5) continues to apply to a licence during any period that the operation of the licence is suspended.

[Section 37 amended by No. 12 of 1998 s. 23; No. 73 of 2006 s. 30; No. 56 of 2010 s. 9 and 39; No. 30 of 2015 s. 222; No. 26 of 2016 s. 66.]

37A.Conviction of licensee etc., duty to inform Director

A licensee, a person who occupies a position of authority in a body corporate which is a licensee, an approved unrestricted manager or an approved restricted manager who is convicted of an offence in any jurisdiction is to inform the Director within 14 days of being convicted.

Penalty: a fine of $10 000.

[Section 37A inserted by No. 12 of 1998 s. 24; amended by No. 73 of 2006 s. 110; No. 56 of 2010 s. 25 and 69.]

37B.Fingerprints etc., licensing authority’s powers to obtain

(1)The licensing authority may by notice in writing (an identification notice) require a person to whom subsection (2) or (3) applies to attend at a specified place and there have his or her fingerprints and palm prints taken by a member of the Police Force.

(2)This subsection applies to a person who makes an application to the licensing authority —

(a)for a licence; or

(b)for approval to occupy a position of authority in a body corporate that is a licensee; or

(c)for approval as an approved unrestricted manager or an approved restricted manager.

(3)This subsection applies to —

(a)a licensee; or

(b)a person who occupies a position of authority in a body corporate that is a licensee; or

(c)an approved unrestricted manager or an approved restricted manager,

whose fingerprints and palm prints have not been taken in accordance with an identification notice given for the purposes of an application referred to in subsection (2).

(4)If a person to whom subsection (2) applies refuses to comply with an identification notice, the licensing authority may refuse the relevant application.

(5)If a person to whom subsection (3) applies refuses to comply with an identification notice, a proper cause for disciplinary action under section 96 is to be taken to have been made out in respect of the person.

(6)The Commissioner of Police is to cause fingerprints and palm prints taken under this section and any copy of them to be destroyed —

(a)in the case of fingerprints or palm prints taken from a person to whom subsection (2) applies —

(i)if the relevant application is not granted; or

(ii)if, after the relevant application is granted, the person ceases to be a licensee, to occupy a position of authority in a body corporate that is a licensee, or to be an approved unrestricted manager or an approved restricted manager;

or

(b)in the case of fingerprints or palm prints taken from a person to whom subsection (3) applies — if the person ceases to be a licensee, to occupy a position of authority in a body corporate that is a licensee, or to be an approved unrestricted manager or an approved restricted manager.

(7)The licensing authority is to provide the Commissioner of Police with any information that the Commissioner of Police requires to comply with subsection (6).

[Section 37B inserted by No. 73 of 2006 s. 31; No. 56 of 2010 s. 10.]

37C.Register of licensed premises

(1)The Director may keep a register that contains the following information in respect of licensed premises —

(a)the name and address of the premises;

(b)the licence number of the premises;

(c)the type of licence that applies to the premises;

(d)the status of the licence that applies to the premises (for example, whether the licence is conditionally granted or suspended);

(e)the name of the licensee of the premises.

(2)The Director may make the register available to the public in any way the Director considers appropriate, including by publication on the Department’s website.

[Section 37C inserted by No. 9 of 2018 s. 19.]

Division 2 — Licences

[Heading inserted by No. 73 of 2006 s. 32.]

38.Some applications not to be granted unless in the public interest

(1)Subsection (2) applies to —

(a)an application for the grant or removal of a licence of a kind prescribed; or

(b)an application for a permit of a kind prescribed; or

(c)any other application to which the Director decides it is appropriate for subsection (2) to apply.

(2)An applicant who makes an application to which this subsection applies must satisfy the licensing authority that granting the application is in the public interest.

(3)For the purposes of subsection (2), the applicant must provide to the licensing authority —

(a)any prescribed document or information; and

(b)any other document or information reasonably required by the licensing authority for those purposes.

(4)Without limiting subsection (2), the matters the licensing authority may have regard to in determining whether granting an application is in the public interest include —

(a)the harm or ill‑health that might be caused to people, or any group of people, due to the use of liquor; and

(b)whether the amenity, quiet or good order of the locality in which the licensed premises or proposed licensed premises are, or are to be, situated might in some manner be lessened; and

(c)whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; and

(ca)any effect the granting of the application might have in relation to tourism, or community or cultural matters; and

(d)any other prescribed matter.

(5)If an application referred to in subsection (1)(a) is not granted because the licensing authority is not satisfied that granting the application is in the public interest, an application for the grant or removal of a licence in respect of the same premises or land cannot be made within 3 years after the licensing authority’s decision unless the Director certifies that the proposed application is of a kind sufficiently different from the application that was not granted.

(6)A decision by the Director under subsection (1)(c) or (5) in relation to an application is not subject to review under section 25.

(7)If subsection (2) applies to an application, the Director may publish the following on the Department’s website —

(a)the application;

(b)any document or information provided under subsection (3) in relation to the application.

[Section 38 inserted by No. 73 of 2006 s. 33; amended by No. 56 of 2010 s. 40; No. 9 of 2018 s. 20.]

39.Certificate of local government as to whether premises comply with laws

(1)An application made to the licensing authority for the grant or removal of a licence, or for a change in the use or condition of any premises shall be accompanied by a certificate from the local government for the district in which the premises to which the application relates are situated, or are to be situated, unless the licensing authority otherwise determines.

(2)A certificate referred to in subsection (1) shall state — 

(a)whether or not the premises comply with all relevant requirements of — 

(i)the Health (Miscellaneous Provisions) Act 1911; and

(ia)the Food Act 2008; and

(ii)any written law applying to the sewerage or drainage of those premises; and

(iii)the Local Government Act 1995; and

(iv)the Building Act 2011;

and

(b)where the premises do not so comply, the manner in which the premises could be made to comply or that the premises could not reasonably be made to comply.

(3)The licensing authority may, where it is satisfied that it is desirable to do so, impose a condition on a licence relating to the submission, or further submission, to the licensing authority of a certificate referred to in subsection (1).

[Section 39 inserted by No. 12 of 1998 s. 26; amended by No. 43 of 2008 s. 148(2); No. 24 of 2011 s. 165(2); No. 19 of 2016 s. 101.]

40.Certificate of planning authority as to whether use of premises complies with planning laws

(1)An application made to the licensing authority for the grant or removal of a licence, or for a change in the use or condition of any premises must be supported by a certificate from the authority responsible for planning matters in the district in which the premises to which the application relates are situated, or are to be situated, unless the licensing authority otherwise determines.

(2A)The certificate referred to in subsection (1) is not required to be provided at the same time as the application but the application cannot be granted until the certificate has been provided to the licensing authority, unless the licensing authority otherwise determines.

(2)A certificate referred to in subsection (1) shall state that the proposed use of the premises — 

(a)will comply with the requirements of the written laws relating to planning specified; or

(b)would comply with the requirements specified if consent were to be given by a specified authority, if it is known whether that authority will give the consent, and what specified conditions or specifications should be, or are likely to be, imposed; or

(c)will not comply with the requirements specified for the reasons specified.

(3)In this section — 

specified means specified in the planning certificate.

(4)The licensing authority may, where it is satisfied that it is desirable to do so, impose a condition on a licence relating to the submission, or further submission, to the licensing authority of a certificate referred to in subsection (1).

[Section 40 inserted by No. 12 of 1998 s. 26; amended by No. 38 of 2005 s. 15; No. 35 of 2015 s. 5.]

41.Hotel licence, kinds, conditions and effect of

[(1aa)deleted]

(1)For the purposes of this Act — 

(a)where a hotel licence is not subject to any condition referred to in subsection (4) it shall be referred to as a tavern licence; and

(b)where a hotel licence is subject to a condition — 

(i)prohibiting the sale of packaged liquor to persons other than lodgers; and

(ii)restricting the sale of liquor to be consumed on the licensed premises,

it shall be referred to as a hotel restricted licence; and

(c)where a tavern licence is subject to a condition —

(i)prohibiting the sale of packaged liquor; and

(ii)restricting the sale of liquor to be consumed on the licensed premises,

it shall be referred to as a tavern restricted licence,

and an application may be made for a tavern licence or a tavern restricted licence if the applicant does not seek a licence for a hotel offering accommodation, or for a hotel restricted licence only.

(2)Subject to this Act, during permitted hours the licensee of a hotel licence is authorised to keep open the licensed premises, or part of those premises, and, while those premises are open —

(a)may sell liquor on the premises to any person for consumption on the premises; and

(b)may, unless the licence is a hotel restricted licence or a tavern restricted licence, sell packaged liquor on and from the premises to any person.

(3)At a time when a sale of packaged liquor to any other person would not be within permitted hours, the authority to sell packaged liquor to a lodger extends only to such quantities as might reasonably be consumed by the lodger on that day.

(4)Unless it is a tavern licence, a hotel licence —

(a)subject to subsection (5) and to any variation under subsection (6), is subject to the condition that the licensee provides guest accommodation for any person; and

(b)subject to subsection (5) and without limiting section 64, is subject to any condition imposed by the licensing authority requiring meals to be provided to lodgers.

(5)A licensee is not required to comply with a condition of the kind referred to in subsection (4) if — 

(a)the person seeking the guest accommodation or, if applicable, the meal, is a person who may be refused entry to the licensed premises by the licensee under section 115(4); or

(b)the licensee has no available accommodation, or can not provide a meal, by reason of prior bookings; or

(c)some other proper reason exists.

(6)Where the licensing authority is satisfied — 

(a)that there is not, at any time or during any specific period, a significant need for guest accommodation in the locality; or

(b)that, notwithstanding the existence of such a need, adequate guest accommodation is available to the public; or

(c)that circumstances that would justify a temporary removal of the licence or redefinition of the licensed premises exist,

and that in consequence no useful purpose will be served by the continuance, or the continuance during that period, of a requirement to provide guest accommodation, the licensing authority may, on application, vary the conditions of a hotel licence so as to reduce the extent of the accommodation required or the times at which it is to be provided or may order that, either permanently or at specified times, the licence shall have effect as a tavern licence or a tavern restricted licence.

(7)Where the licensing authority is satisfied that, at any time or during any specific period, there is no significant need to provide for the sale of packaged liquor to persons other than lodgers it may, on application, vary the conditions of a hotel licence so that it has effect as a hotel restricted licence.

[Section 41 amended by No. 12 of 1998 s. 27; No. 26 of 2001 s. 4; No. 73 of 2006 s. 34 and 108; No. 56 of 2010 s. 41; No. 9 of 2018 s. 21.]

41A.Effect and conditions of small bar licence

(1)Subject to this Act, the licensee of a small bar licence is, during permitted hours, authorised to sell liquor for consumption on the licensed premises.

(2)A small bar licence is subject to —

(a)a condition prohibiting the sale of packaged liquor; and

(b)a condition limiting the maximum number of persons (excluding responsible persons and authorised officers) who may be on the licensed premises to 120.

[Section 41A inserted by No. 9 of 2018 s. 22.]

41B.Small bar licence may be granted as alternative to tavern restricted licence

(1)If the licensing authority considers it appropriate, the licensing authority may, with the agreement of the applicant, treat an application for a tavern restricted licence as an application for a small bar licence.

(2)Subsection (3) applies to a tavern restricted licence if —

(a)it is subject to a condition limiting the maximum number of persons (excluding responsible persons and authorised officers) who may be on the licensed premises to 120; and

(b)the capacity of the licensed premises is not more than 120 persons.

(3)The licensing authority may, of its own motion or on the application of the licensee of the licence —

(a)cancel a tavern restricted licence to which this subsection applies; and

(b)grant to the person who was the licensee of the licence a small bar licence in respect of the premises to which the licence related.

(4)If the licensing authority proposes of its own motion to cancel a tavern restricted licence and grant a small bar licence under subsection (3), the licensing authority must give the licensee of the tavern restricted licence —

(a)a notice that sets out the proposal and the reasons for it; and

(b)a reasonable opportunity to make submissions or to be heard in relation to the proposal.

[Section 41B inserted by No. 9 of 2018 s. 22.]

42.Nightclub licence, effect and conditions of

(1)Subject to this Act the licensee of a nightclub licence is, during permitted hours, authorised to sell liquor on the licensed premises, for consumption on the licensed premises only, ancillary to continuous entertainment provided live by one or more artists present in person performing there or by way of recorded music presented personally by a person employed or engaged by the licensee to do so.

(2)For the purpose of determining whether or not entertainment is continuous, no account shall be taken of reasonable intervals between acts, or between the performances of artists, so long as substantial compliance with the requirement for continuity is observed.

(3)Every nightclub licence is subject to the condition that liquor shall not be permitted to be consumed on the licensed premises except at a time when live entertainment is being provided there and liquor may be lawfully sold under the licence, unless an extended trading permit applies.

[Section 42 amended by No. 73 of 2006 s. 107.]

43.Nightclub licence, pre-requisites for grant of

An applicant for the grant of a nightclub licence must satisfy the licensing authority that the premises in respect of which the licence is sought — 

(a)are so constructed as to enable entertainment of a kind referred to in section 42 to be provided there; and

(b)are suitable, having regard to any condition imposed as to the nature or extent of the entertainment required to be provided.

[Section 43 amended by No. 73 of 2006 s. 107.]

44.Casino liquor licence, effect and conditions of

(1)Subject to this Act, a casino licence authorises the licensee, during permitted hours, to do either or both of the following —

(a)sell liquor for consumption —

(i)on the premises at the casino; and

(ii)on other premises within the casino complex concerned or adjacent to that complex, within one or more defined areas as may from time to time be approved by the Gaming and Wagering Commission;

(b)supply, without charge, packaged liquor on the premises referred to in paragraph (a) as part of —

(i)an accommodation, restaurant or dining service provided on those premises; or

(ii)a function or promotional activity conducted on those premises.

(2)The terms of, and the conditions imposed in relation to, a casino liquor licence may make differing provisions so as to apply — 

(a)as though a defined area were premises to which a hotel licence, or a nightclub licence, or a restaurant licence, or a special facility licence, or an extended trading permit applied; and

(b)at all times, or at a specified time,

by reference to the respective areas defined.

(3)The licensing authority shall not impose or vary a condition, or redefine the area of the licensed premises or approve an alteration to the premises, in relation to a casino liquor licence which has been granted unless the Gaming and Wagering Commission has been informed of the nature of the application and its proposed effect, has made known its recommendations, and consents to the proposed determination of the licensing authority.

[Section 44 amended by No. 35 of 2003 s. 173(4); No. 73 of 2006 s. 107; No. 9 of 2018 s. 23.]

45.Casino liquor licence, pre-requisites for grant of

(1)The licensing authority shall not grant a casino liquor licence unless — 

[(a)deleted]

(b)the premises sought to be licensed are premises approved for the purpose by the Gaming and Wagering Commission and are comprised within or are adjacent to the casino complex to which a casino gaming licence relates.

(2)A casino liquor licence shall not be granted otherwise than subject to such conditions as are recommended by the Gaming and Wagering Commission.

(3)The licensing authority shall not grant any authorisation to sell liquor in the casino complex to which a casino gaming licence relates that contravenes, or exceeds the authorisation contemplated by, the casino complex agreement pursuant to which the casino gaming licence was granted.

(4)Where any particular part of the premises to which a casino liquor licence relates constitutes a defined area and those premises by virtue of an order made under section 21F(1b) of the Casino Control Act 1984 cease to be part of the casino complex the licensing authority shall, on the application of the prospective licensee, but subject to — 

(a)the consent of the Gaming and Wagering Commission and of the holder of the casino liquor licence; and

(b)where the Director so requires, the casino liquor licensee having first provided to the Director a return of liquor purchased or sold and such other records as the Director may require appropriate to the former usage of that defined area up to a date specified by the Director,

grant to the prospective licensee in respect of that defined area a licence under this Act, as may be appropriate having regard to the usage of the area, as though it were a licence the transfer of which to the prospective licensee had been approved by the licensing authority.

[Section 45 amended by No. 12 of 1998 s. 28; No. 35 of 2003 s. 173(4); No. 9 of 2018 s. 24.]

46.Special facility licence, pre-requisites for grant of

(1)The licensing authority shall not grant a special facility licence except for a prescribed purpose.

(1a)The licensing authority is not to grant a special facility licence only because —

(a)the grant or variation of a licence of another class; or

(b)the imposition, variation or cancellation of a condition on a licence of another class; or

(c)the issue of an extended trading permit in respect of a licence of another class,

is not possible because an approval, consent or exemption required under another written law cannot be obtained.

(2)The licensing authority shall not grant a special facility licence if granting or varying a licence of another class, or imposing, varying or cancelling a condition on a licence of another class, or issuing an extended trading permit in respect of another class of licence, would achieve the purposes for which the special facility licence is sought.

(2a)Subsection (2) applies —

(a)whether or not an application has been made for a grant, variation, imposition, cancellation or issue referred to in that subsection; and

(b)even if such an application has been made and has been refused.

(2b)The application for a special facility licence must demonstrate how the business for which the licence is sought meets any of the prescribed purposes for which a special facility licence may be granted.

(3)If a special facility licence is granted, it must be granted on such terms and conditions as are necessary to ensure that the licence is used only for the prescribed purpose for which it is granted.

(4)The licensee of a special facility licence is authorised to sell liquor in accordance with the terms and conditions of the licence.

(5)At a time when a sale of packaged liquor to any other persons would not be within permitted hours or at a time authorised by the licence, any authority conferred by a special facility licence to sell packaged liquor to a lodger or to any other specified class of person extends only to such quantities as might reasonably be consumed by the person to whom the liquor is sold on that day.

(6)If the Director so approves, section 37(5) or section 38, or both of those provisions, or parts of either of those provisions, do not apply in respect of a special facility licence of a type prescribed.

[Section 46 inserted by No. 12 of 1998 s. 29; amended by No. 26 of 2001 s. 5(1); No. 73 of 2006 s. 35.]

46A.Special facility licence, restrictions on varying

(1)The licensing authority is not to vary a special facility licence, or impose, vary or cancel a condition on a special facility licence, if —

(a)granting or varying a licence of another class; or

(b)imposing, varying or cancelling a condition on a licence of another class; or

(c)issuing an extended trading permit in respect of a licence of another class,

would achieve the purposes for which —

(d)the variation of the special facility licence is sought; or

(e)the imposition, variation or cancellation of a condition on the special facility licence is sought.

(2)Subsection (1) applies —

(a)whether or not an application has been made for a grant, variation, imposition, cancellation or issue referred to in paragraph (a), (b) or (c) of that subsection; and

(b)even if such an application has been made and has been refused.

[Section 46A inserted by No. 73 of 2006 s. 36.]

46B.Alternatives to granting or varying special facility licences

(1)If the licensing authority does not grant or vary a special facility licence because section 46(2) or 46A(1) applies, the licensing authority may, with the agreement of the applicant, treat the application for, or for the variation of, the special facility licence as an application for —

(a)the grant or variation of a licence of another class; or

(b)the imposition, variation or cancellation of a condition on a licence of another class; or

(c)the issue of an extended trading permit in respect of a licence of another class.

(2)The licensing authority may of its own motion or on the application of the licensee —

(a)cancel a special facility licence; and

(b)in respect of the premises to which the special facility licence related —

(i)grant to the person who was the licensee a licence of another class; and

(ii)if considered appropriate by the licensing authority, issue to that person an extended trading permit.

(3)If the licensing authority of its own motion proposes to cancel a special facility licence and grant a licence of another class under subsection (2), the licensing authority —

(a)is to give the licensee a notice that sets out the proposal and the reasons for it; and

(b)is to give the licensee a reasonable opportunity to make submissions or to be heard in relation to the proposal.

[Section 46B inserted by No. 73 of 2006 s. 36.]

47.Liquor store licence, effect of

(1)Subject to this Act, during permitted hours the licensee of a liquor store licence is authorised to keep open the licensed premises and to sell packaged liquor on and from the premises to any person.

(2)The licensee of a liquor store licence is authorised to supply liquor, by way of free sample — 

(a)for consumption on a part of the licensed premises approved for the purpose by the Director; or

(b)for consumption off the premises.

[Section 47 amended by No. 12 of 1998 s. 30.]

[Heading deleted by No. 73 of 2006 s. 37.]

48.Club licence, kinds, conditions and effect of

(1)For the purposes of this Act a club licence — 

(a)which is expressed to be granted as a club restricted licence; or

(b)which is subject to conditions prohibiting the sale of liquor for consumption off the premises, or the removal of liquor from the premises, unless subsection (9) applies,

shall be referred to as a club restricted licence.

(2)Subject to this Act a club licence authorises the sale, during permitted hours, of liquor — 

(a)to a member and to the guests of that member in the company of that member — 

(i)for consumption on the licensed premises, subject to subsection (4)(b); or

(ii)ancillary to a meal supplied at the club by or on behalf of the club to a member and to each of the guests of that member (without limitation as to number), being guests of whose attendance prior notice was given to the club in accordance with the rules of the club;

or

(b)to a member, for consumption by the guests of that member (without limitation as to number) at a function held by or on behalf of that member at the club if in accordance with the rules of the club; or

(c)to a member, if — 

(i)the licence is not a club restricted licence; or

(ii)subsection (9) applies,

and the liquor is packaged liquor, subject to subsections (3) and (4)(c),

if the rules of the club are not thereby contravened.

(2A)Subject to this Act, a club licence authorises the sale, during permitted hours, of liquor to a visitor for consumption on the licensed premises if the sale does not contravene the rules of the club.

(2B)In subsection (2A) —

visitor means a person, other than a member, a guest of a member or a person referred to in subsection (5), who —

(a)is at least 40 km or, if a greater distance is prescribed for the purposes of this paragraph, at least that distance from their usual place of residence; and

(b)is visiting the club while travelling in the course of a holiday or travelling for leisure or business; and

(c)is required, at the time of their visit, to pay a fee to the club for the use of its facilities.

(3)At a time when a sale of packaged liquor to a member who was not a lodger would not be within permitted hours or at a time authorised by the licence, any authority conferred by a club licence to sell packaged liquor to a member who is a lodger extends only to such quantities as might reasonably be consumed by the lodger on that day.

(4)Every club licence is subject to the conditions that — 

(a)unless an extended trading permit otherwise authorises, the club has — 

(i)where a club restricted licence applies — a right to occupy the licensed premises to the exclusion of others during the times when the sale of liquor is authorised by the licence; and

(ii)in any other case — exclusive right to occupy the licensed premises;

and

(b)the authority to sell liquor for consumption by the guests of a member, otherwise than ancillary to a meal or at a function under subsection (2)(b), extends only to such persons, not exceeding 5 or such lesser number as may be permitted by the rules of the club, as are introduced as the guests of that member on that day; and

(c)packaged liquor be not removed — 

(i)from premises to which a club restricted licence applies, unless subsection (9) applies; or

(ii)in any other case, from the premises except by or on the instructions of the member to whom it was sold;

and

(d)as soon as is practicable after the making of any proposal for a change in the appointment of a person as trustee to hold the licence for the club, the Secretary of the club shall provide to the Director certified particulars of the change proposed, and that effect is not given to the change without the prior approval of the Director; and

(e)an up to date register of members, in respect of each class of membership, be continually available for inspection at the club premises; and

(ea)an up-to-date register of visitors (as defined in subsection (2B)) be continually available for inspection at the club premises; and

(f)the club ensures that its rules are not contravened.

(5A)Without limiting section 64, the Director may impose a condition on a club licence or club restricted licence requiring that any manager of the licensed premises (other than a person appointed under section 100(3)) be an approved unrestricted manager.

(5)Subject to subsection (6), a person who is on any day visiting a club (the host club) as a member or an official of another club or a team, or a person assisting a member or an official of another club or a team —

(a)that is to engage in a pre‑arranged event with the host club conducted for the purposes of one of the host club’s principal objects; or

(b)that is to hold a pre‑arranged function at the host club involving the use of the host club’s sporting facilities,

may, for the purposes of this Act, be taken to be a person who is accorded temporary membership of the host club on that day, in accordance with the rules of the club.

(6)Where the Director is satisfied that the circumstances so require the Director may impose a condition on the licence requiring a club specifically to seek the approval of the Director before admitting persons to temporary membership.

(7)Where in relation to the sale of liquor a club permits any contravention of its rules, a complaint may be lodged under section 95 on the ground that the licensed premises are not properly managed in accordance with this Act.

[(8)deleted]

(9)Where the Director is satisfied that the members of a club which holds a club restricted licence cannot, without great inconvenience, obtain supplies of packaged liquor from a supplier other than the club — 

(a)the Director may, by endorsement on that licence and subject to such conditions as may be imposed, authorise the sale of packaged liquor to members of the club; and

(b)effect shall be given to the endorsement as a variation of the terms of the licence fixed by this Act.

[Section 48 amended by No. 12 of 1998 s. 31; No. 73 of 2006 s. 38; No. 56 of 2010 s. 11; No. 9 of 2018 s. 25.]

49.Club licence, pre-requisites for grant of

(1)Subject to this section, the licensing authority shall not grant a club licence unless the applicant satisfies the licensing authority — 

(a)that the applicant is a society, club, institution or other body of persons which — 

(i)is incorporated or deemed to be incorporated under the Associations Incorporation Act 2015 or some other written law; or

(ii)is a body to which Schedule 2 applies or otherwise is of such a size or nature that it is appropriate that the body should be licensed notwithstanding that it is unincorporated, subject to the licence being held for the applicant by a trustee,

and that it comprises a body of persons (in this Act referred to as a club) associated by reason of a common interest of the kind referred to in section 37(1)(c)(i); and

(b)that the club has been, or in a case where the applicant is formed by the amalgamation of 2 or more clubs each of them has been, well managed for a period of not less than 12 months prior to the application; and

(c)that the rules of the club are of a kind appropriate for the purposes of a club seeking to be licensed, having regard to the terms and conditions of the licence sought.

(2)Where the Director finds that the rules of an applicant club are not adequate to give effect to the requirements of this Act, the licensing authority may — 

(a)adjourn the hearing of the application to enable the rules to be varied; or

(b)grant the application subject to a condition requiring amendment of the rules.

[(3), (4)deleted]

(5)Notwithstanding any other provision of this section or of section 48, Schedule 2 has effect in relation to — 

(a)the Anzac Club; and

(b)the Air Force Association ( Western Australia Division) Club,

respectively.

(6)Where a club licence is held by a body which was not previously incorporated under the Associations Incorporation Act 2015, on a copy of a certificate of incorporation under that Act being lodged with the Director by the Secretary of the club with the consent of the trustee the licence shall be vested in the incorporated body and shall be varied accordingly.

[Section 49 amended by No. 12 of 1998 s. 32; No. 73 of 2006 s. 39; No. 30 of 2015 s. 232; No. 9 of 2018 s. 26.]

50.Restaurant licence, effect and conditions of

(1)Subject to this Act the licensee of a restaurant licence is, during permitted hours, authorised to sell to any person liquor on the licensed premises for consumption on the premises ancillary to a meal supplied by the licensee to, and eaten by, that person there.

(1a)Where the licensee of a restaurant licence holds an extended trading permit under section 60(4)(ca) in respect of the premises, the licensee is authorised to sell liquor to a person, whether or not ancillary to a meal eaten by the person, if — 

(a)the liquor is consumed on the licensed premises by a person while sitting at a table, or at a fixed structure used as a table; and

(b)the sale and consumption of the liquor are in accordance with any conditions —

(i)imposed on the permit by the licensing authority; or

(ii)prescribed for the purposes of this paragraph.

(2)Where the licensee of a restaurant licence holds an extended trading permit under section 60(4)(c) in respect of guest accommodation provided to the public by the licensee on the same or adjacent premises, the licensee is authorised to sell liquor to a lodger in a room or place in the area to which that permit applies reserved for the private use of lodgers, whether or not ancillary to a meal.

(3)Every restaurant licence is subject to the conditions that — 

(a)the business conducted at the licensed premises must consist primarily and predominantly of the regular supply to customers of meals to be eaten there; and

(b)subject to subsection (1a), liquor must not be consumed by a person on the licensed premises except ancillary to a meal supplied, or to be supplied, by the licensee to, and eaten by, that person there; and

(c)the licensed premises must contain kitchen facilities that are suitable for the preparation of the meals to be supplied by the licensee.

[Section 50 amended by No. 12 of 1998 s. 33; No. 73 of 2006 s. 40 and 108.]

50A.Issue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant

(1)Subsection (2) applies if —

(a)the licensing authority decides to grant a restaurant licence subject to a condition limiting the maximum number of persons (excluding responsible persons and authorised officers) who may be on the licensed premises to 120; and

(b)the application for the restaurant licence specifies that an extended trading permit under section 60(4)(ca) is also sought in respect of the premises to which the application relates.

(2)When the licensing authority grants the restaurant licence the licensing authority may issue an extended trading permit under section 60(4)(ca) in respect of the licensed premises.

[Section 50A inserted by No. 9 of 2018 s. 27.]

51.Unlicensed restaurants, supply of liquor in

[(1)deleted]

(2)Subject to subsection (3), a person who supplies liquor in, or in the vicinity of, an unlicensed restaurant for consumption in that restaurant commits an offence.

Penalty: a fine of $2 000.

(3)Where a person is charged with a contravention of subsection (2) it shall be a defence to show that the liquor was brought to the restaurant, in such a quantity only as was reasonable in the circumstances, by a customer of the restaurant for consumption ancillary to a meal supplied at that restaurant to, and eaten by, that customer or a guest of that customer there.

(4)A person who — 

(a)being the occupier, or having the management or control, of an unlicensed restaurant; or

(b)being employed by or the agent of such a person,

permits or suffers any other person to bring liquor into, or consume liquor in, or to supply liquor for consumption in, that restaurant in contravention of this section commits an offence.

Penalty: a fine of $2 000.

[Section 51 amended by No. 12 of 1998 s. 34; No. 73 of 2006 s. 110; No. 56 of 2010 s. 69.]

52.Liquor sold or consumed with meals, effect of extended trading permit which authorises; evidentiary provisions

(1)For the purposes of this Act, where an extended trading permit issued in relation to any class of licence authorises the sale or consumption of liquor ancillary to a meal in an area which would not otherwise be comprised in the licensed premises that area shall, at times when the sale or consumption of liquor ancillary to a meal supplied on the licensed premises is authorised, be deemed to be comprised within the licensed premises unless the permit otherwise provides.

(2)For the purposes of any proceedings under this Act, an allegation in the complaint or charge that liquor purporting to be sold for consumption, or consumed, ancillary to a meal was not so sold or consumed shall be accepted as proved unless the licensee or the person by whom the liquor was consumed, as the case may be, establishes beyond reasonable doubt — 

(a)that a meal was supplied which was substantial, and was eaten or genuinely intended to be eaten by the persons to whom the liquor was sold or by whom the liquor was consumed; and

(b)that the meal was served to, or was eaten by, persons seated at a dining table; and

(c)that the primary and predominant purpose of persons entering the licensed premises was to obtain a genuine meal; and

(d)that the supply of liquor, whether before, during or after the meal, was subordinate and incidental to the service of a genuine meal.

[Section 52 amended by No. 84 of 2004 s. 80.]

53.Restaurant licence and extended trading permit, effect of may be restricted as to selling liquor with meals

(1)The authorisation conferred by section 50 or by an extended trading permit issued in relation to any class of licence for the purpose of the sale of liquor ancillary to a meal may, in appropriate cases, be reduced — 

(a)by the imposition, on the grant of the licence or the issue of the permit, of conditions requiring — 

(i)that trading be restricted to specified hours; or

(ii)that liquor be served and consumed at a dining table and not elsewhere; or

(iii)that furniture or fittings be provided or arranged in a specified manner; or

(iv)that any specified, or specified kind, of charge is not levied; or

(v)that the premises be maintained to a specified standard; or

(vi)that specified records be kept and made available for inspection on behalf of the licensing authority,

or other conditions which the Director thinks desirable to prevent improper arrangements or practices; and

(b)subsequently, by further or other conditions imposed by the Director after giving the licensee a reasonable opportunity to make submissions and to be heard.

(2)In subsection (1), specified means specified in the condition imposed.

[54.Deleted by No. 12 of 1998 s. 35(1).]

55.Producer’s licence, effect of

(1)Subject to this Act the licensee of a producer’s licence is, during permitted hours, authorised — 

(a)to sell or supply (including by way of sample) on the licensed premises liquor produced by the licensee for consumption on a part of the licensed premises approved for the purpose by the Director; and

(b)to sell or supply on or from the licensed premises liquor produced by the licensee for consumption off the licensed premises; and

(c)to sell or supply liquor, other than liquor produced by the licensee, on the licensed premises —

(i)if the liquor is consumed ancillary to a meal in a dining area on the licensed premises; or

(ii)only for the purposes of tasting.

[(1a)deleted]

(2A)The licensee of a producer’s licence is authorised to sell liquor produced by the licensee from any place if —

(a)the sale of liquor is made —

(i)by way of a telephone; or

(ii)by way of the internet;

and

(b)after the sale is made under paragraph (a), the liquor is delivered to the purchaser, or to premises specified by the purchaser, from the licensed premises.

(2)A producer’s licence shall not be granted other than in accordance with this Act and any conditions prescribed.

(3)Where the licensee is a body corporate, liquor produced by a related body corporate shall be deemed to have been produced by the licensee.

[Section 55 amended by No. 12 of 1998 s. 36; No. 73 of 2006 s. 41; No. 56 of 2010 s. 42; No. 35 of 2015 s. 6; No. 9 of 2018 s. 28.]

56.Production of liquor by person, presumption of

(1)For the purposes of this Act, a person shall be taken to have produced liquor — 

(a)being wine made from grapes — 

(i)if it was fermented by, or under the control or direction of, that person; or

(ii)if, in the case of wine produced by blending, all the wine used was fermented from produce grown or produced in Australia ;

or

(b)being wine not made from grapes, if it was fermented or otherwise made from produce grown, produced or obtained by that person; or

(ba)being spirits made from wine —

(i)if it was distilled by that person; or

(ii)if it was distilled under the control or direction of that person from wine produced by that person;

or

(c)being spirits not made from wine, if it was distilled by that person; or

(d)being beer, if it was brewed by that person.

(2)In determining any question as to the fermentation of wine, maturation of the wine after final bottling shall be disregarded.

[Section 56 amended by No. 74 of 2003 s. 78; No. 9 of 2018 s. 29.]

57.Producer’s licence, pre-requisites for grant of

(1)In this section —

relevant liquor means liquor of the kind sought to be authorised for sale under the licence;

relevant period means the period of 12 months from the date on which the licence, if granted, will come into force.

(2)An applicant for the grant of a producer’s licence must satisfy the licensing authority — 

(a)that the applicant is, or within the relevant period will become, a genuine producer of the relevant liquor; and

(b)that the applicant carries on, or within the relevant period will commence to carry on, a genuine business of the sale of the relevant liquor; and

(ca)that the applicant produces, or within the relevant period will commence production of, a sufficient quantity of the relevant liquor to be able to carry on the business referred to in paragraph (b); and

(c)that the premises in relation to which the licence is sought are suitable for the purpose proposed; and

(d)that the applicant meets such requirements as are prescribed for the purposes of this paragraph.

(3)Every producer’s licence is subject to the condition that, unless the Director approves otherwise, the licensee must produce a sufficient quantity of the relevant liquor to be able to carry on the business referred to in subsection (2)(b).

[Section 57 amended by No. 12 of 1998 s. 37; No. 56 of 2010 s. 43.]

58.Wholesaler’s licence, effect and conditions of

(1)Subject to this Act, the licensee of a wholesaler’s licence is, during permitted hours, authorised to sell packaged liquor on or from the licensed premises, in an aggregate quantity per person of not less than 4 L, to any person for consumption off the premises.

(1a)Notwithstanding subsection (1), the licensee of a wholesaler’s licence may sell liquor in an aggregate quantity of less than 9 L to — 

(a)a person who is a liquor merchant or is otherwise authorised by law to sell liquor; or

(b)any employee of the licensee.

(2)The licensee of a wholesaler’s licence is authorised to supply liquor, by way of free sample, for consumption on a part of the licensed premises approved for the purpose by the Director.

[(2a)deleted]

(3)Every wholesaler’s licence is subject to the condition that — 

(a)liquor may only be sold to a person during the permitted hours applicable to a liquor store licence, other than — 

(i)as ship’s stores; or

(ii)to a person who is a liquor merchant or is otherwise authorised by law to sell liquor; or

(iii)to a person who is not resident in Australia where delivery of the liquor is to be effected outside Australia ;

and

(b)the business conducted must consist, primarily and predominantly and to at least 90% of the licensee’s gross turnover from the sale of liquor in each financial year, of selling liquor to liquor merchants or other persons authorised by law to sell liquor.

(4)For the purposes of subsection (3)(b), any amount derived by a licensee from the sale of liquor — 

(a)as ships’ stores; or

(b)to an employee of the licensee; or

(c)to a person who is not resident in Australia where delivery of the liquor is to be effected outside Australia ,

shall not be taken into account in calculating gross turnover.

[Section 58 amended by No. 56 of 1997 s. 26(4); No. 12 of 1998 s. 38; No. 73 of 2006 s. 42; No. 35 of 2015 s. 7; No. 9 of 2018 s. 30.]

59.Occasional licence, effect, conditions and pre-requisites for grant of

(1)An occasional licence authorises the licensee to sell, or the supply or consumption of, liquor — 

(a)at such times, and on such occasion or during such period not exceeding 3 weeks, as may be specified; and

(b)at such places, and within such designated area, as may be specified; and

(c)subject to such terms or conditions as may be specified.

(2)An occasional licence shall not be granted — 

(a)if, in the opinion of the Director — 

(i)the place in which the sale, supply or consumption of liquor would be authorised by the licence may not lawfully be used for that purpose; or

(ii)where the applicant holds another licence, the issue of an extended trading permit issued relating to, or the variation or cancellation of a term or condition of, that licence would be a more appropriate means of achieving the purpose for which the occasional licence is sought; or

(iii)sufficient facilities and expertise to enable the licence to be operated in a proper manner may not be provided; or

(iv)adequate measures to ensure that trading is not conducted in a manner detrimental to the public interest may not be taken; or

(v)the grant of a further occasional licence would tend to establish an undesirable pattern, where the application is made in respect of a function organised by a particular person or body of persons, or on behalf of a particular cause, to whom or which or on behalf of which previous occasional licences have been granted;

or

(b)unless the applicant, if so required, satisfies the Director — 

(i)where the licence is sought in respect of a function organised by a person other than the applicant, that the consent of the organiser to the proposed sale of liquor has been obtained; and

(ii)that the consent of the occupier, or of the person or authority having control, of the premises where the sale, supply or consumption of liquor will take place has been obtained.

(3)Where an application is made under this section, a licensee who desires to participate in any arrangement whereby the benefit arising from the holding of the licence accrues to any other person shall inform the Director who may then authorise an arrangement under which the licensee is to pay to that person —

(a)a proportion of the gross receipts obtained by the licensee from the sale of liquor under the occasional licence; or

(b)a proportion of an inclusive charge paid to the licensee or some other person in respect of the sale of liquor with some other service; or

(c)a calculable amount, upon a specified basis,

in such manner and upon such conditions as the Director may approve notwithstanding that such an arrangement might otherwise contravene a condition of the licence or of the kind referred to in section 60(3)(a) or section 104.

(4)Where the Director so requires the liquor sold or supplied under an occasional licence shall be purchased for the purpose from a supplier, or a supplier selected from a list of suppliers, specified in the licence.

(5)An occasional licence may be granted in relation to a festival or other event authorising the organiser and specified persons participating in or associated with that festival or event to sell liquor, or liquor of a specified description, during such period or on such occasions as may be specified.

(6A)Without limiting section 64, the Director may impose a condition on an occasional licence requiring that any manager of premises that are the subject of the licence (other than a person appointed under section 100(3)) be an approved unrestricted manager.

(6)In this section, specified means specified in the licence.

(7)The Director may cancel an occasional licence at any time if satisfied that the licence is no longer appropriate.

[Section 59 amended by No. 12 of 1998 s. 39(1); No. 56 of 2010 s. 12.]

59A.Additional authorisations relating to supply and sale of liquor on licensed premises

(1)In this section —

interstate supplier means a person who is authorised under the law of another State, or of a Territory, to sell packaged liquor;

packaged liquor —

(a)in relation to an interstate supplier, means liquor in sealed containers for consumption off the premises of the interstate supplier; and

(b)otherwise, has the meaning given in section 3(1);

packaged liquor licence means a licence that authorises the sale of packaged liquor, but does not include a hotel restricted licence, a casino liquor licence, a club licence or an occasional licence.

(2)A packaged liquor licence authorises the licensee (the supplier), with the agreement of another licensee —

(a)to supply liquor, by way of free sample, on the licensed premises of the other licensee for consumption on those premises; and

(b)to sell packaged liquor on the licensed premises of the other licensee for delivery to the purchaser, or to premises specified by the purchaser, from the licensed premises of the supplier.

(3)An interstate supplier is authorised, with the agreement of a licensee —

(a)to supply liquor, by way of free sample, on the licensed premises of the licensee for consumption on those premises; and

(b)to sell packaged liquor on the licensed premises of the licensee for delivery to the purchaser, or to premises specified by the purchaser, from the premises of the interstate supplier.

(4)A sale of packaged liquor made by an interstate supplier as authorised under subsection (3) is taken to be made under a licence described in section 109(1)(a).

[Section 59A inserted by No. 9 of 2018 s. 31.]

Division 4 — Permits

60.Extended trading permit, purposes, effect and conditions of

(1)An extended trading permit authorises the licensee of the licence to which it relates, subject to — 

(a)this Act; and

(b)any other written law; and

(c)its conditions, which shall take effect as conditions of that licence,

to sell and supply liquor under that licence according to the tenor of the permit, upon such terms as are specified at the discretion of the Director in the permit at times, in circumstances, or in a place, to which that licence would not otherwise apply.

(2)The place or any premises to which an extended trading permit applies shall, where the permit so provides, during any period when the permit has effect be deemed to be licensed premises forming part of the premises licensed under the licence to which the permit relates and, unless the permit or this section otherwise provides, the permit has effect whilst the licence to which it relates remains in force.

(3)Unless otherwise provided in this Division, an extended trading permit is subject to the conditions that — 

(a)the licensee to whom it is issued must not participate in any arrangement whereby the benefit arising from the holding of the permit accrues to any other person, unless subsection (8) applies; and

(b)an approved unrestricted manager or an approved restricted manager must attend at the premises specified when liquor is sold under the permit, unless the permit is issued in relation to a casino liquor licence.

(3a)In addition to the conditions imposed by subsection (3), an extended trading permit issued for the purposes of subsection (4)(ca), (g) or (h) is, unless the Director otherwise determines, subject to any condition prescribed for the purposes of this subsection.

(4)The purposes for which an extended trading permit may be issued are —

(a)catering, authorising the licensee to sell liquor as a caterer on such days other than a Good Friday and between such hours on those days as may be specified, which remains in force for the period specified; or

(b)a dining area in premises to which a hotel licence, nightclub licence or producer’s licence applies, authorising the licensee to sell liquor, other than on a Good Friday, at any time unless otherwise specified — 

(i)in a specified dining area on the licensed premises; and

(ii)where the permit so provides, in a specified reception area on or adjacent to the licensed premises,

for consumption there ancillary to a meal supplied in the dining area by the licensee, which remains in force for the period during which the licence is current unless otherwise specified, but is subject to the condition that the Director remains satisfied that the requirements referred to in section 52(2) are met; or

(c)a restaurant comprised within guest accommodation, authorising the licensee of a restaurant licence to sell, at any time, liquor to a lodger under section 50(2), which remains in force for the period during which the licence is current unless otherwise specified, but is subject to the condition that the Director remains satisfied that the predominant purpose of the premises within which the restaurant is comprised is the provision of guest accommodation for the travelling public; or

(ca)a restaurant, authorising the licensee of a restaurant to sell liquor for consumption on the premises, whether or not ancillary to a meal, during hours which are permitted hours under a hotel licence; or

(cb)authorising the licensee of a club licence to sell liquor, despite section 48(2), to persons other than members, or guests of members, of the club —

(i)on a specified special occasion or specified special occasions; or

(ii)on a day on which a specified function is, or on days on which specified functions are, held on, or on a specified part of, the licensed premises;

or

(d)late delivery, authorising the licensee of a liquor store licence to deliver or supply, off the premises, after the end of permitted hours on any day but before 12 midnight, liquor sold or agreed to be sold during permitted hours but not then delivered or supplied, which remains in force for the period during which the licence is current unless otherwise specified; or

(e)an association’s permit, authorising the licensee of a club licence (other than a club restricted licence) or of a special facility licence to sell liquor on such days other than Christmas Day or Good Friday and between such hours or in such circumstances on those days as may be specified, for consumption on a specified part of the licensed premises to a person who is a member, or the guest of a member, of an association of persons attending a venue together by reason of a common interest, which remains in force for the period specified, but is subject to the conditions that — 

(i)the authority to sell liquor for consumption by the guests of a member of the association, otherwise than ancillary to a meal, extends in relation to each such member on any day only to not more than 5 persons introduced as guests by that member on that day; and

(ii)the licensee takes such measures as will ensure that the rules of the association are observed;

or

(f)a function, authorising the licensee to sell liquor between specified hours on a day other than a Good Friday being a specified special occasion or a day on which a specified function is held on, or on a specified part of, the licensed premises (and where the permit so provides notwithstanding that no meal is supplied in the restaurant, or entertainment is provided in the nightclub, which is the subject of the licence to which the permit relates); or

(g)extended hours, authorising the licensee to sell liquor under the licence at specified hours that would not otherwise be permitted hours, on such days other than a Good Friday as may be specified, or in relation to such occasion as may be specified, which remains in force for the period, not exceeding 10 years, specified; or

(h)an extended area, authorising the licensee to sell liquor under the licence on specified premises or in a specified area that would not otherwise be authorised, on such days and between such hours on those days as may be specified, which remains in force for the period specified; or

(ia)authorising the licensee of a producer’s licence to sell liquor under the licence on specified premises on which the licensee would not otherwise be authorised to sell the liquor,for the period during which the licence is current unless otherwise specified; or

(i)any other prescribed purpose.

[(5)deleted]

(6)The licensing authority may, on the application of the licensee or, after giving the licensee a reasonable opportunity of making submissions or of being heard, on its own motion or on the application of — 

(a)a member of the Police Force; or

(b)except in the case of an extended trading permit that relates to a casino liquor licence, a person who satisfies the Director that he or she would have been entitled to make an objection in respect of the licence had an application for the grant of that licence been made at the time of the issue of the permit,

from time to time vary the terms or conditions of a permit in any manner not inconsistent with this Act.

(7)Without limiting subsection (8a), where a licence is removed, or licensed premises are altered, an extended trading permit relating to the licence may be varied or cancelled, at the discretion of the licensing authority.

(8)Where a licence to which an extended trading permit relates is, or would otherwise become, subject to a condition of the kind referred to in subsection (3)(a) the Director may approve an arrangement under which the licensee is to pay to any person —

(a)a proportion of the gross receipts obtained by the licensee from the sale of liquor under the extended trading permit; or

(b)a proportion of an inclusive charge paid to the licensee or some other person in respect of the sale of liquor with some other service; or

(c)such amount, upon such basis, as the Director may approve.

(8a)The licensing authority may cancel an extended trading permit at any time if satisfied that the permit is no longer appropriate.

(9)In this section, specified means specified in the extended trading permit.

[Section 60 amended by No. 12 of 1998 s. 40 and 97(2); No. 73 of 2006 s. 43, 107 and 108; No. 56 of 2010 s. 13; No. 35 of 2015 s. 8; No. 9 of 2018 s. 32.]

61.Extended trading permit for extended area (s. 60(4)(h)), pre‑requisites for grant of

(1)An extended trading permit for the purpose referred to in section 60(4)(h) shall not be issued in relation to any licence unless — 

(a)the premises or a defined area in respect of which the permit is sought are adjacent to the premises to which the licence relates; and

(b)the licensing authority is satisfied that the purpose for which the permit was sought could not be more appropriately achieved by redefining the licensed premises or the grant of an occasional licence; and

(c)the licensee will, at times when the sale of liquor under the permit is authorised, be entitled to use for that purpose the premises or area to which the permit sought relates.

[(d)deleted]

[(2)deleted]

[Section 61 amended by No. 14 of 1996 s. 4; No. 9 of 2018 s. 33.]

61A.Extended trading permit for sale of liquor (s. 60(4)(ia))

(1)In this section —

cellar door permit means an extended trading permit issued for the purpose referred to in section 60(4)(ia);

geographical indication has the same meaning as in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1);

wine producing region means a region or locality of the State that is subject to a geographical indication.

(2)A cellar door permit must not be issued in relation to a producer’s licence unless — 

(a)the licencing authority has approved the premises in respect of which the permit is sought as being fit for the purpose of the sale of liquor; and

(b)if the permit is sought for the purposes of the sale of wine, the premises are located in the wine producing region to which the licence relates; and

(c)if the permit is sought for the purposes of the sale of liquor other than wine, the premises are located in the district where the liquor is produced; and

(d)the licensing authority is satisfied that the purpose for which the permit is sought could not be more appropriately achieved by the grant of a different kind of licence; and

(e)the applicant will, at times when the sale of liquor under the permit is authorised, be entitled to use the premises for that purpose; and

(f)the applicant satisfies the licensing authority that the local government of the district within which the premises are situated has been consulted and has approved the application.

(3)A cellar door permit may only be issued to a licensee for the purposes of the sale of wine if the licensee does not already hold a cellar door permit for the purposes of the sale of wine in the wine producing region for which the permit is sought.

(4)A cellar door permit may only be issued to a licensee for the purposes of the sale of liquor other than wine if the licensee does not already hold a cellar door permit for the purposes of the sale of liquor in the district for which the permit is sought.

(5)A cellar door permit may be issued in respect of the same premises to 2 or more licensees of a producer’s licence only if there is in force an agreement between the licensees about the management of the premises.

(5A)If a cellar door permit is issued in respect of the same premises to 2 or more licensees, those licensees are jointly and severally liable —

(a)as licensee; and

(b)in respect of any civil or criminal liability that attaches to the licensee under this Act.

(6)The regulations may prescribe conditions that are to be taken to be attached to a cellar door permit unless otherwise specified in the permit.

[Section 61A inserted by No. 35 of 2015 s. 9; amended by No. 9 of 2018 s. 34.]

Division 5 — Conditional grants or approvals

[Heading amended by No. 12 of 1998 s. 41.]

62.Uncompleted premises, conditional grant or removal in case of

(1)This section applies to an application — 

(a)for a licence in respect of premises; or

(b)for the removal of a licence to premises, whether or not to be dealt with at the same time as a related application for the transfer of the licence,

if, at the date of the final hearing of that application, those premises are uncompleted.

(2)Where this section applies to an application and the licensing authority is satisfied that a licence of the class sought in the application, or the removal of a licence to the premises, as the case may be, should be granted to the applicant in relation to the premises on conditions relating to the completion of the premises, the licensing authority shall grant the licence or removal to the applicant subject to those conditions.

(3)A conditional grant of a licence or removal shall not be made under this section unless the applicant has submitted — 

(a)plans and specifications for the proposed premises; or

(b)a plan sufficient to identify the site of the premises together with a description (in which particular emphasis is given to any part of those premises to be used for the sale or consumption of liquor or for related services or amenities) sufficient to give a general indication of the proposed size and character of the proposed premises.

(4)A conditional grant of a licence or removal under this section shall include — 

(a)if full plans and specifications were not submitted by the applicant in accordance with subsection (3)(a), a condition that they be submitted within 12 months after the conditional grant; and

(b)a condition that the premises be completed in accordance with the plans and specifications submitted by the applicant; and

(c)a condition that the holder of the licence conditionally granted or removed apply on or before a specified day (the required day) for confirmation of the grant.

(5)A conditional grant of a licence or removal under this section may be made subject to such further conditions as the licensing authority thinks fit including conditions — 

(a)that the premises shall be completed in accordance with specified plans or specifications, or subject to specified modifications; or

(b)as to a specified manner, or sequence, of the completion of the premises; or

(c)requiring the applicant to enter into a bond, with or without sureties, conditional on the completion to the satisfaction of the licensing authority of specified work within a specified time; or

(d)that the grant will be cancelled if the licensing authority is not satisfied as to any specified matter to which section 39 or 40 refers or as to public safety or fire precautions; or

(e)that a transfer of the licence to a designated person be effected in a manner approved by the licensing authority.

(6)On an application by the holder of a licence conditionally granted or removed under this section, the licensing authority may — 

(a)vary any plans or specifications the subject of a condition; or

(b)otherwise vary any conditions to which the licence is subject, including a condition imposed under subsection (4).

(7)Where full plans and specifications are submitted in accordance with the condition imposed under subsection (4)(a), the licensing authority may — 

(a)vary or add to the conditions of the grant of the licence or removal under this section as it thinks fit; or

(b)cancel or suspend the operation of the conditional grant,

if it is not satisfied that the existing conditions are appropriate in relation to the plans and specifications.

(8)If the licensing authority determines that premises when completed, or likely to be completed, do not or will not substantially comply with any condition imposed or are so significantly altered that the existing conditions of the grant are inappropriate, the licensing authority may at its discretion cancel or suspend the operation of the licence conditionally granted or removed and require the applicant to make a fresh application, which shall be subject to any objection that may then be made.

(9)If the holder of a licence conditionally granted or removed under this section applies for confirmation of the grant, and the licensing authority is satisfied that the conditions of the grant have been satisfactorily complied with, it shall confirm the grant or removal of the licence.

(10)If the holder of a licence conditionally granted or removed under this section fails to apply for confirmation of the grant, the Director may cancel the licence without notice.

(11)Notwithstanding section 37(5)(b), where the licensing authority makes a conditional grant of a removal under this section, it may also authorise the licensee to cease to occupy the premises from which the licence is to be removed without losing the interest in the licence until the grant is confirmed in accordance with this section.

[Section 62 inserted by No. 12 of 1998 s. 42.]

62A.Pending certificate (s. 39 or 40) etc., conditional grant in case of

(1)Notwithstanding sections 37, 39 and 40, where — 

(a)an application is made for a licence or a removal of a licence; and

(b)the licensing authority is satisfied that it would grant the licence or removal if a certificate referred to in section 39 or 40, or other evidence as to an approval, consent or exemption referred to in section 37(2), were produced,

the licensing authority may grant the licence subject to the condition that the certificate or other evidence be produced on or before a specified day.

(2)The licensing authority may, on an application by the holder of a licence conditionally granted or removed under this section, substitute a later day as the specified day.

(3)If the certificate or other evidence is not produced on or before the specified day, the Director may, by notice in writing, cancel the licence conditionally granted or removed.

[Section 62A inserted by No. 12 of 1998 s. 42.]

62B.Pending approval etc. (s. 77(5)), conditional approval of alteration etc. in case of

(1)Notwithstanding section 77, where —

(a)an application is made for an alteration or redefinition of a licensed premises; and

(b)the licensing authority is satisfied that it would approve the alteration or redefinition of the licensed premises but for the production of evidence as to an approval, consent or exemption referred to in section 77(5),

the licensing authority may approve the alteration or redefinition subject to the condition that the evidence be produced on or before a specified day.

(2)The licensing authority may, on an application by the holder of the licence, substitute a later day as the specified day.

(3)If the evidence to be produced is not produced on or before the specified day, the Director may, by notice in writing, cancel the conditional approval.

[Section 62B inserted by No. 12 of 1998 s. 42.]

Division 6 — Conditions, generally

63.Terms fixed and conditions imposed by Act, only some can be varied etc.

The licensing authority may, of its own motion or on the application of the licensee — 

(a)where the permitted hours applicable under Part 4 Division 1 to particular licensed premises are to be the hours specified in the licence or permit which relates to those premises, vary any term or condition specifying those hours; or

(b)in relation to a particular licence, exempt that licensee from a requirement imposed by or under this Act to keep the premises open for the sale of, and to sell, liquor there during any particular day or part of a day; or

(c)vary a hotel licence in accordance with section 41(6) or (7); or

(ca)remove the restrictions on a club restricted licence so that it is converted to a club licence; or

(d)vary the terms of a club restricted licence in accordance with section 48(9); or

(e)vary, in such a manner as to become more restrictive, a term fixed or a condition specifically imposed by this Act in relation to the licence,

but is not otherwise empowered to vary or cancel a term specifically fixed or a condition specifically imposed by this Act, as distinct from pursuant to this Act, in relation to licences of that class or permits of that kind, except in relation to such provisions or circumstances as may be prescribed.

[Section 63 amended by No. 12 of 1998 s. 43; No. 73 of 2006 s. 45.]

64.Imposing, varying and cancelling conditions

(1)Subject to this Act, in relation to any licence, or to any permit, the licensing authority may at its discretion impose conditions — 

(a)in addition to the conditions specifically imposed by this Act; or

(b)in such a manner as to make more restrictive a condition specifically imposed by this Act,

and may vary or cancel any condition previously imposed by the licensing authority, having regard to the tenor of the licence or permit and the circumstances in relation to which the licensing authority intends that it should operate.

(1a)The licensing authority may impose, vary or cancel a condition under subsection (1) —

(a)of its own motion; or

(b)on the application of the licensee; or

(c)at the written request of the parties to a liquor accord.

(1b)In subsection (1a) —

liquor accord means a written agreement or other arrangement —

(a)that is entered into by 2 or more licensees in a local community, and persons who represent the licensing authority, departments of the Public Service, State agencies or local government, and other persons; and

(b)that has the purposes of minimising the harm caused in the local community by the excessive consumption of liquor and promoting responsible practices in the sale, supply and service of liquor in the local community; and

(c)that is approved by the Director.

(1BA)An application under subsection (1a)(b) to vary a condition must be made not later than the prescribed number of days before the variation is proposed to take effect, unless the Director otherwise approves.

(1C)For the purposes of deciding whether to impose, vary or cancel a condition under this section, the licensing authority may consult with all or any of the following persons —

(a)the Commissioner of Police;

(b)the relevant local government;

(c)the Chief Health Officer;

(d)any other person, body or authority the licencing authority considers may be able to provide information relevant to the decision.

(2)The power conferred by subsection (1) may, subject to compliance with section 31(6)(b), be exercised at any time, but a condition takes effect on — 

(a)the date of the grant of the licence or the issue of the permit in relation to which it was imposed; or

(b)such other date as is specified in the notice setting out the particulars, or in the endorsement or revised version of the licence or permit made, under section 31(6),

whichever is the later.

(2a)If the licensing authority proposes to impose, vary or cancel a condition under this section, the licensing authority may, by notice in writing, require the licensee to show cause to the licensing authority why the condition should not be imposed, varied or cancelled.

(2b)Subsection (2a) does not apply in relation to a condition proposed to be imposed, varied or cancelled in accordance with an application under subsection (1a)(b).

(3)Without derogating from the generality of the discretion conferred on the licensing authority, the licensing authority may impose conditions which it considers to be in the public interest or which it considers desirable in order to — 

(a)ensure that the noise emanating from the licensed premises is not excessive; or

(b)minimise the offence, annoyance, disturbance or inconvenience that might be caused to those who reside or work in the vicinity of the licensed premises, or to persons in or making their way to or from a place of public worship, hospital or school, in consequence of activities on the licensed premises or the conduct of those making their way to or from the licensed premises; or

(ba)ensure that local laws of a local government under the Local Government Act 1995 or by‑laws of an Aboriginal community under the Aboriginal Communities Act 1979 are complied with; or

(c)ensure that the safety, health or welfare of persons who may resort to the licensed premises is not at risk; or

(ca)ensure that liquor is sold and consumed in a responsible manner; or

(cb)ensure that all persons involved in conducting business under the licence have suitable training for attaining the primary objects of this Act; or

(cc)minimise harm or ill‑health caused to people, or any group of people, due to the use of liquor; or

(cd)limit or prohibit the sale of liquor on credit; or

(d)ensure public order and safety, particularly where circumstances or events are expected to attract large numbers of persons to the premises or to an area adjacent to the premises; or

(e)limit — 

(i)the kinds of liquor that may be sold;

(ii)the manner or the containers, or number or types of containers, in which liquor may be sold;

(iii)the days on which, and the times at which, liquor may be sold;

or

(ea)without limiting paragraph (e)(iii), limit the times when packaged liquor may be sold on and from the licensed premises to those times when liquor may be purchased for consumption on those premises; or

(f)prohibit persons being, or limit the number of persons who may be, present on, or on any particular part of, the licensed premises or any area which is subject to the control or management of the licensee and is adjacent to those premises; or

(fa)prohibit entry to the licensed premises after a specified time; or

(g)prohibit the provision of entertainment, or limit the kind of entertainment that may be provided, on, or in an area under the control of the licensee adjacent to, the licensed premises; or

(ga)prohibit promotional activity in which drinks are offered free or at reduced prices, or limit the circumstances in which this may be done; or

(gb)prohibit any practices which encourage irresponsible drinking; or

(h)otherwise limit the authority conferred under a licence or permit; or

(j)require action therein specified to be undertaken by the licensee — 

(i)within a time or at times therein specified; or

(ii)on occasions or in circumstances therein specified,

in relation to the licensed premises or any part of those premises, the conduct of the business carried on under the licence, or otherwise in the public interest; or

(ka)require the keeping of records and provision of information to the Director; or

(k)prevent improper arrangements or practices calculated to increase any subsidy payable; or

(m)ensure compliance with the requirements of, or with terms fixed or conditions imposed by or under, this Act.

(4)If there is an inconsistency between a condition imposed under this Act and a requirement of, or made under, any other written law, the condition or requirement which is more onerous for the licensee shall prevail.

[(5)deleted]

(6)A condition imposed under this section may relate to — 

(a)any aspects of the business carried on under the licence; and

(b)any activity carried on at the licensed premises, at any time and whether or not related to the business carried on under the licence.

(7)Where a condition imposed under this section in relation to a licence has been contravened the licensing authority may — 

(a)impose a more restrictive condition in relation to that licence; or

(b)impose on the licence holder a monetary penalty not exceeding $1 000 for each day on which the contravention continues, which shall be payable to the Crown by that person,

or both.

(8)The imposition, variation or cancellation of a condition, or the imposition of a monetary penalty, under this section is not to be regarded as the taking of disciplinary action for the purposes of section 96.

[Section 64 amended by No. 56 of 1997 s. 31; No. 12 of 1998 s. 44; No. 73 of 2006 s. 46; No. 56 of 2010 s. 44; No. 35 of 2015 s. 10; No. 19 of 2016 s. 163; No. 9 of 2018 s. 35.]

65.Packaged liquor, conditions relating to sale of for consumption off licensed premises

(1)Subject to subsection (3), a licence or permit that authorises the sale of packaged liquor or of liquor for consumption off the licensed premises is subject to the conditions that the liquor so sold — 

(a)must be consigned to the purchaser at, and delivered on or from, the licensed premises, unless the Director otherwise approves; and

(b)must be delivered in sealed containers; and

(c)shall not, unless an extended trading permit or a special facility licence so authorised, be or be permitted to be consumed on or, except in the case of wine sold under section 55, in the immediate proximity of the licensed premises,

and a person who contravenes such a condition commits an offence.

Penalty: a fine of $2 000.

(2)The conditions referred to in subsection (1) shall not be taken to have been contravened where — 

(a)the sale of liquor to the purchaser for consumption on the licensed premises is authorised at the time of sale; and

(b)the liquor, although sold for consumption off the licensed premises, is consumed there in circumstances in which it could lawfully have been consumed if sold under that authorisation.

(3)For the purposes of any disciplinary action taken or proceedings instituted under this Act, liquor may be taken to have been consumed in the immediate proximity of licensed premises if the liquor is consumed in a place nearby where — 

(a)there is frequent drunkenness, or disorderly conduct by persons resorting to the licensed premises; or

(b)persons habitually gather for the purpose of consuming liquor sold on or from the licensed premises,

and the court is satisfied that the licensee has not, but could have, taken reasonable steps to prevent such occurrences or that the licensed premises are in any way ill‑conducted.

(4)Liquor may be taken to have been consumed in the immediate proximity of licensed premises notwithstanding that the circumstances referred to in subsection (3) do not apply.

[Section 65 amended by No. 12 of 1998 s. 45; No. 56 of 2010 s. 69.]

65A.Petrol station not to be established on premises from which packaged liquor is sold

(1)In this section —

applicable day means the day on which the Liquor Licensing Amendment (Petrol Stations and Lodgers’ Registers) Act 2000 1 comes into operation;

country townsite has the same meaning as it has in section 36A;

petrol station has the same meaning as it has in section 36A.

(2)A licence that authorises the sale of packaged liquor and that is in respect of premises in the metropolitan area or in a country townsite is subject to the condition that after the applicable day a petrol station must not be established on the premises.

(3)Subsection (2) does not apply to premises that are in a country townsite if the Director, on an application by the licensee of the premises, so orders.

(4)In the case of a breach of the condition referred to in subsection (2) the licensing authority must cancel the licence in respect of the premises unless it is satisfied that the construction of the petrol station commenced before the applicable day in which case the authority may exercise any of the powers in section 96.

[Section 65A inserted by No. 23 of 2000 s. 6.]

65B.Promoting liquor, regulations may prescribe conditions about

(1)The regulations may prescribe conditions that —

(a)prohibit promotional activity in which liquor is offered free or at reduced prices; or

(b)limit the circumstances in which promotional activity referred to in paragraph (a) may take place,

and may provide that any licence, or any licence of a prescribed class, is subject to those conditions.

(2)Regulations made for the purposes of subsection (1) do not limit the conditions that the licensing authority may impose under section 64(3)(ga) in relation to a particular licensee or particular licensed premises.

[Section 65B inserted by No. 73 of 2006 s. 47.]

Division 7 — Applications

66.Plans and specifications of premises, requirements as to

(1)An application for — 

(a)the grant of a licence, other than an occasional licence; or

(b)the removal of a licence; or

(c)approval of a proposed alteration to, or redefinition of, licensed premises,

must be accompanied, unless the Director otherwise approves, by plans of the premises to which the application relates.

(2)An applicant may, at any time before the application is determined, submit for the approval of the licensing authority a modification of or substitution for any plan previously lodged.

(3)An applicant for an occasional licence or extended trading permit must, if the Director so requires, submit plans of any premises on which the sale or consumption of liquor is sought to be authorised.

(4)Subject to section 62, plans submitted under this section must comply with such requirements as may be prescribed, and the licensing authority may require that further or other plans be submitted for consideration.

(5)Specifications complying with such requirements as may be prescribed shall be submitted with the plans to which they relate, unless the licensing authority otherwise agrees or directs, and the licensing authority may require that further or other specifications be submitted.

(6)If, at any time, the Director is of the opinion that any plans or specifications submitted under this section are no longer accurate or adequate, the licensing authority may require that further information or plans be provided.

[Section 66 amended by No. 12 of 1998 s. 46.]

67.Advertisement of applications

(1)An application in respect of any matter must, if the Director so requires, be advertised in the manner specified by the Director.

[(2)‑(4)deleted]

(5)If an application is required to be advertised, the Director must cause a copy of the notice of application to be published on the Department’s website.

[Section 67 amended by No. 12 of 1998 s. 47; No. 73 of 2006 s. 48; No. 56 of 2010 s. 45; No. 9 of 2018 s. 37.]

68.Form, manner, notice and public inspection of applications

(1)Subject to this Act — 

(a)an application to the licensing authority shall be made in the form and manner approved by the licensing authority; and

(b)a notice of application must be accompanied by — 

(i)the prescribed fees; and

(ii)the plans and specifications, if any, required by section 66 or otherwise prescribed or required; and

(iii)records, complying with any prescribed requirements, verifying the background, creditworthiness and reputation of the applicant or of the person to the appointment of whom approval is sought; and

(iv)any consent required under section 72;

[(v)deleted]

and

(c)the notice of application shall be supported by such further or other documentation or information as the Director may in a particular case require.

(2)The requirements of subsection (1)(b)(iii) and (iv) do not, unless the Director otherwise requires, apply to or in relation to an application for the grant of an occasional licence.

(2a)An application for the grant of a licence may be made only by, or on behalf of, the person or persons wishing to carry on business under the licence after it is granted.

(3)A person may, prior to the end of business on the last day on which objections are required to be lodged but without payment, inspect at the office of the Director any notice of application lodged together with the accompanying records, plans and specifications.

(4)Nothing in this section precludes the Director from accepting lodgement of, or the licensing authority from hearing and determining, any application that does not comply with the requirements of this Act, if considered appropriate.

[Section 68 amended by No. 73 of 2006 s. 49 and 111(2); No. 9 of 2018 s. 38.]

69.Advertising, referring, investigating and intervening in applications

(1)Every notice of application must be lodged with the Director.

(2)The Director must give to the applicant sufficient directions to enable the application to be advertised in accordance with any requirement under section 67(1).

(3)Every advertisement required under section 67(1) and every notice of application displayed under section 67(5) shall be in a form approved by the Director and contain a statement that notices of intention to object to the application should be lodged with the Director by a date specified by the Director and set out in that advertisement or notice.

(4)Except where an application relates to land or premises the subject of a licence which is held by the applicant and is to be surrendered if that application is granted, or where in other particular circumstances the Director determines that it is not appropriate, the Director may —

(a)refer any relevant particulars as to the applicant or the application to the Commissioner of Police; and

(b)if the application is for the grant or removal of a hotel licence, nightclub licence, casino liquor licence, special facility licence or liquor store licence, and the local government of the district in which the premises or proposed premises are, or are proposed to be, situated, or of any adjoining district appearing to the Director to be likely to have an interest, so requests, give to that local government a copy of the application and of any plans or specifications which accompany it.

[(5)deleted]

(6)The Commissioner of Police — 

(a)is authorised to cause such investigation or inquiry to be made as may be necessary into the background and antecedents of any applicant or person thought by the licensing authority or by an authorised officer to be likely to be interested in an application; and

(b)is required, upon the licensing authority requesting a report of that kind, to cause a report to be provided to the licensing authority — 

(i)as to the background, antecedents, character and reputation of any person; and

(ii)as to any disqualification under this Act or the repealed Act that may relate to any person,

who is a person thought by the licensing authority or an authorised officer to be likely to be interested in an application; and

(c)may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations — 

(i)as to whether or not any person is a fit and proper person; or

(ii)on the question of whether, if a particular application were granted, public disorder or disturbance would be likely to result; or

(iii)as to the interest that any person may have in a licence; or

(iv)as to any other matter relevant to the public interest.

(7)A local government to which subsection (4)(b) refers may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations — 

(a)as to whether premises are suitable to be, or to continue to be, licensed or the subject of a permit; and

(b)as to whether a proposed alteration to, or redefinition of, licensed premises should be approved; and

(c)on the question of whether, if a particular application were granted, persons who reside, work or worship in the vicinity would be likely to suffer undue offence, annoyance, disturbance or inconvenience,

and may submit a report to the licensing authority on those matters.

(8)A person authorised by the local government may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations in relation to the requirements of — 

(a)the Health (Miscellaneous Provisions) Act 1911; or

(aa)the Food Act 2008; or

(b)any written law relating to sewerage or drainage; or

(c)the Local Government Act 1995 or the Building Act 2011, in so far as that Act relates to health matters,

and may submit a report to the licensing authority on those matters.

(8AA)The chief executive officer appointed under the Western Australian Tourism Commission Act 1983 section 17 may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations —

(a)as to whether any tourism benefits might result if a particular application is granted; and

(b)as to any other matter relevant to the proper development of the tourism industry in the State.

(8a)The Chief Health Officer —

(a)is required, on the licensing authority requesting a report of that kind in relation to an application, to cause a report to be provided to the licensing authority as to any matter arising from the application that relates to the relevant matters; and

(b)may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations in relation to the relevant matters.

(8b)In subsection (8a) —

relevant matters means the harm or ill‑health caused to people, or any group of people, due to the use of liquor, and the minimisation of that harm or ill‑health.

(9A)The Chief Health Officer may authorise a person in writing to act on his or her behalf for the purposes of subsection (8a)(b) only if the person is —

(a)a medical practitioner who is registered under the Health Practitioner Regulation National Law (WA) Act 2010 in the medical profession; and

(b)employed or engaged in the department principally assisting the Minister in the administration of the Health (Miscellaneous Provisions) Act 1911.

(9)On an application relating to a club licence, a person to whom section 70 applies may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations in relation to matters to which that section refers.

(10)The licensing authority shall — 

(a)cause any plans or specifications submitted to the licensing authority to be examined as to their adequacy and suitability and, where they relate to existing premises, accuracy; and

(b)cause inquiry to be made into the suitability of any place or premises used, or proposed to be used, for purposes to which this Act applies,

and may take into account any report on those matters made at its request to the licensing authority.

(11)The Director may intervene in any proceedings before the Commission, including proceedings relating to a decision or determination made by the Director, and may introduce evidence, make representations and examine or cross‑examine any witness, on any question or matter.

(12)A person, other than the Director, who proposes to intervene in proceedings under this section, must lodge with, and in a form approved by, the Director, a notice giving particulars of the nature of and reasons for the proposed intervention, not later than the last day on which objections should be lodged or, with leave of the licensing authority, before the day appointed for the hearing of the application.

(13)A person who intervenes in any proceedings — 

(a)may, unless the licensing authority certifies that that person has no interest in the application other than that of providing argument or fact to enable the licensing authority to reach an informed decision, be held on any appeal to have thereby become a party to the proceedings; and

(b)may be made a respondent to any appeal.

(14)If a notice of application is not listed for an initial hearing within 12 months of the date of lodgement — 

(a)it shall not be listed thereafter without the approval of the licensing authority; and

(b)except where that approval is given, may be struck out by the Director.

[Section 69 amended by No. 14 of 1996 s. 4; No. 12 of 1998 s. 10(9) and 48; No. 73 of 2006 s. 50; No. 43 of 2008 s. 148(3); No. 56 of 2010 s. 29 and 46; No. 24 of 2011 s. 165(3); No. 35 of 2015 s. 11; No. 19 of 2016 s. 101 and 164; No. 9 of 2018 s. 39.]

70.Club licence applications, intervening in

(1)This section applies to any person who has, in the opinion of the Director, a proper interest in the matter in question.

(2)The matters in relation to which a person to whom this section applies may intervene in the proceedings before the Director on an application relating to a club licence are — 

(a)the hours during which the sale of liquor should be authorised; and

(b)the conditions to which the licence, if granted, should be subject; and

(c)any question as to the variation or cancellation of a condition imposed; and

(d)the removal of the licence; and

(e)the conduct and management of the club.

[Section 70 amended by No. 9 of 2018 s. 40.]

[71.Deleted by No. 73 of 2006 s. 51.]

72.Owner etc. of premises, when consent of required; right of owner, lessee etc. to object

(1)Subject to subsection (2), the licensing authority must not grant an application for approval of a proposed alteration to, or redefinition of, licensed premises unless the applicant satisfies the licensing authority that —

(a)the owner; and

(b)where the licensed premises are occupied under a lease, the lessor,

have consented to the application.

(2)The licensing authority may waive any requirement under subsection (1) if the licensing authority considers that — 

(a)a consent has been capriciously or unreasonably withheld; or

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

(3)On an application for the removal of a licence, a person who is the lessee or mortgagee of the premises from which, if the application were granted, the licence would be removed may object to that application on the ground that the interest of that person may be prejudicially affected.

(4)An owner or lessor of licensed premises, or of premises in respect of which a licence is sought, may object to any application which is required to be advertised if — 

(a)the consent of that person to the application is required by a term of a lease relating to the premises; and

(b)that consent has not been obtained in accordance with the lease.

(5)A right of objection conferred by subsection (4) on a lessor is exercisable whether the interest of the applicant in the premises derives from the lessor directly or from a sublessor.

[Section 72 amended by No. 12 of 1998 s. 50; No. 73 of 2006 s. 52.]

72A.Submissions generally

(1)In this section —

submission means —

(a)a submission made by a person in support of an application; or

(b)a submission made by a person in opposition to an application, but does not include an objection to an application lodged with the Director under section 73.

(2)A person who makes a submission to the Director is not a party to proceedings.

(3)Subsection (2) does not apply to a person who intervenes in proceedings relating to an application.

(4)The Director may, but need not, acknowledge receipt of a submission.

(5)Sections 73 and 74 do not apply to a submission made in opposition to an application.

[Section 72A inserted by No. 9 of 2018 s. 41.]

73.Objecting to applications, general right and rules as to

(1)A person who is authorised to intervene in any proceedings relating to an application may instead or in addition exercise that right by way of objection.

(2)Where an application is required to be advertised, a right to object to the application is conferred on any person on any ground permitted by section 74.

[(3)deleted]

(4)Subject to subsections (5) and (6), an objection shall be made by lodging a notice with the Director in the form approved by the Director, not later than the day specified in the advertisements or notices relating to the application as the last day on which objections should be lodged.

(4A)The Director must serve a copy of a notice lodged under subsection (4) on the applicant, unless section 30(4)(a) applies.

(5)The Director may — 

(a)permit a notice of objection to be lodged — 

(i)by a person on whom, or a body on which, subsection (2) does not confer that right; or

(ii)which is not in the approved form, or is otherwise deficient; or

(iii)at any time before the determination of an application, notwithstanding that a prescribed time limitation has elapsed;

or

(b)permit an objection lodged to be amended or substituted,

and the licensing authority shall determine, in the public interest in each case, whether the objection so lodged, amended or substituted should be heard.

(6)Notwithstanding subsection (4), the licensing authority may, if it considers it proper to do so and subject to any conditions imposed, permit any objection to be taken at the hearing of an application.

[(7)deleted]

(8)If the applicant so requests, where — 

(a)a notice of objection — 

(i)is lodged under subsection (5)(a)(ii); or

(ii)is amended or substituted;

or

(b)an objection is permitted to be taken at a hearing,

the hearing shall be adjourned for such period as the licensing authority thinks necessary to enable the applicant to reply properly to any matter then raised.

(9)An objection may be made on behalf of an unincorporated body of persons by an agent duly appointed for the purpose.

(10)The burden of establishing the validity of any objection lies on the objector.

[Section 73 amended by No. 12 of 1998 s. 16(2) and 51; No. 73 of 2006 s. 53, 111(3) and (4); No. 9 of 2018 s. 42.]

74.Objecting to applications, grounds for etc.

(1)No objection shall be made except on one or more of the following grounds — 

(a)that the grant of the application would not be in the public interest; or

(b)that the grant of the application would cause undue harm or ill‑health to people, or any group of people, due to the use of liquor; or

[(c)‑(f)deleted]

(g)that if the application were granted — 

(i)undue offence, annoyance, disturbance or inconvenience to persons who reside or work in the vicinity, or to persons in or travelling to or from an existing or proposed place of public worship, hospital or school, would be likely to occur; or

(ii)the amenity, quiet or good order of the locality in which the premises or proposed premises are, or are to be, situated would in some other manner be lessened;

or

[(h)deleted]

(j)that the grant of the application would otherwise be contrary to this Act.

(2)The Director may require any objector to verify — 

(a)whether the person has any direct or indirect pecuniary interest in the refusal of the application, or any expectation of such an interest; or

(b)whether any person other than the objector is interested in the lodging of the objection and, if so — 

(i)the name of each such person; and

(ii)where the person is a proprietary company, the names of the directors and principal shareholders;

or

(c)any other matter required by the Director,

on oath or affirmation or by statutory declaration.

(3)Where an objection is lodged on the ground that the grant of the application would not be in the public interest — 

(a)the notice of objection shall be accompanied by a statement in writing setting out the reasons why the objector considers the objection can be made out; and

(b)if the Director so requires, the objector shall provide further particulars of the matters to which the objection relates; and

(c)the Director may require that notice of any facts or grounds alleged or submission made be given to the applicant in a particular manner.

(4)Where, in relation to any objection, the Director determines — 

(a)that any objection — 

(i)is frivolous or vexatious; or

(ii)is repetitious of other objections; or

(iii)relates to matters frequently before the licensing authority of which the licensing authority may be presumed to be aware;

or

(b)that any fact or ground alleged is not relevant or cannot be verified; or

(c)that for any reason the objection should not be heard,

the Director shall give notice of the determination to the objector not later than 7 days before the day appointed for the hearing of the application and the objection shall not then be heard.

(5)A determination made by the Director under subsection (4) is not subject to review under section 25.

[Section 74 amended by No. 12 of 1998 s. 10(10) and 52; No. 73 of 2006 s. 54; No. 9 of 2018 s. 43.]

75.Occasional licence, applications for

(1)An application for the grant of an occasional licence may be made by lodging with the Director an application in the manner and form approved by the Director not later than 14 days before the licence is to take effect unless —

(a)the Director otherwise approves; or

(b)in relation to an application for the grant of an occasional licence of a kind prescribed, some other requirement for lodgement of the application is prescribed.

(2)An application for the grant of an occasional licence — 

[(a)deleted]

(b)if not required to be advertised is not subject to objection, but may be made the subject of a submission or an intervention under section 69; and

(c)is not required to be heard, but may be determined by the Director at discretion; and

(d)is not subject to review by the Commission, or to appeal.

[Section 75 amended by No. 12 of 1998 s. 53; No. 73 of 2006 s. 55, 106 and 111(5); No. 9 of 2018 s. 44.]

76.Extended trading permit, applications for

(1)An application for the issue of an extended trading permit may be made by lodging with the Director an application in the manner and form approved by the Director not later than 14 days before the permit is to take effect unless — 

(a)the Director otherwise approves; or

(b)in relation to an application for the issue of a permit of a kind prescribed, some other requirement for lodgement of the application is prescribed.

(2)An application for the issue of an extended trading permit — 

[(a)deleted]

(b)if not required to be advertised is not subject to objection, but may be made the subject of a submission or an intervention under section 69; and

(c)is not required to be heard, but may be determined by the Director at discretion; and

(d)unless the permit is of a kind prescribed for the purposes of section 25(5a), is not subject to appeal.

[Section 76 amended by No. 12 of 1998 s. 54; No. 73 of 2006 s. 56 and 111(6).]

77.No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises

(1)Subject to subsection (3), an owner, occupier or licensee of licensed premises, shall not, without the prior approval of the Director, make any alteration in — 

(a)the construction or completion of premises the subject of plans or specifications submitted under section 62, in such a way as materially to alter the veracity of those plans or specifications; or

(b)any licensed premises.

Penalty: a fine of $10 000.

(2)Where the Director determines that an alteration has been made which may be a contravention of subsection (1) the Director may — 

(a)give directions in relation to the alteration; and

(b)suspend the operation of the licence until such time as the owner, occupier or licensee complies with those directions.

(3)For the purposes of this section — 

(a)an alteration shall be deemed to be made if it comprises or consists of — 

[(i)deleted]

(ii)a change to the use of any premises, accommodation or facilities; or

(iii)an addition to, or reduction in the area of, the premises;

and

(b)the renovation of, or of the accommodation or facilities provided by, the premises shall, if it is not an alteration of a kind referred to in paragraph (a), be deemed to be work that does not require the prior approval of the Director.

(4)On application in writing being made by the owner or occupier of the licensed premises, or by the licensee with the consent of the owner and any lessor, the licensing authority may approve — 

(a)a proposed alteration of licensed premises; or

(b)unless section 80 applies, the redefinition of the licensed premises as defined in the licence.

(5)The licensing authority shall not approve an application made under subsection (4) unless satisfied that all other approvals, consents or exemptions required by law in respect of that alteration have been obtained, and if so satisfied may vary the terms or conditions of a licence accordingly.

(5a)An application for the alteration or redefinition of licensed premises as defined in a licence that seeks to include in those licensed premises an area that is not contiguous with those licensed premises shall not be approved by the licensing authority unless section 80 applies or the premises —

(a)are entered in the Register of Heritage Places compiled under the Heritage of Western Australia Act 1990; or

(b)are of a prescribed type or class.

[(6)deleted]

(7)If licensed premises are changed, whether or not in a manner amounting to an alteration within the meaning of subsection (3), the licensee shall so advise the Director in writing, not later than 14 days after the change is effected, and shall as soon as is practicable thereafter provide such copies as the Director may require of plans showing the premises as so changed together with — 

(a)a copy of each approval, consent or exemption obtained under any law permitting or approving the change; or

(b)evidence to the satisfaction of the Director that all approvals, consents or exemptions required by law in respect of the change have been obtained.

(8)An owner or lessor of licensed premises may object to an application for approval of alterations to the licensed premises if the licensee has agreed in writing that the consent of the lessor is required for such an application and that consent has not been obtained.

(9)A right of objection under subsection (8) is exercisable by a lessor whether the interest of the licensee in the premises derives from that person directly or from a sublessor.

(10)The licensing authority may dispense with the requirement that any approval, consent or exemption be obtained if the licensing authority considers that — 

(a)it has been capriciously or unreasonably withheld; or

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

[Section 77 amended by No. 26 of 2001 s. 6(1); No. 73 of 2006 s. 57 and 110; No. 56 of 2010 s. 69.]

Division 8 — Removals

78.Casino liquor licence not removable without authority

A casino liquor licence is not capable of being removed without the consent of the Gaming and Wagering Commission, and a licence of any class granted in respect of premises that were at the time of the grant comprised within or adjacent to a casino complex shall not be removed to premises that are not within or adjacent to that complex as at the date of the application for removal.

[Section 78 amended by No. 35 of 2003 s. 173(4).]

79.Licence relating to transport, when removable

A licence which relates to one particular means of transport may, on an informal application in writing being made to the Director, be varied or removed so as to apply to another.

80.Temporary removal or redefinition of licence

(1)Where any licensed premises are, wholly or partially, rendered incapable of use for the business carried on there under the licence by reason of — 

(a)fire or other unforeseen or unavoidable calamity; or

(b)being repaired or rebuilt, or for the time being required for any public purpose,

the licensee may, on informal application in writing being made to the Director, apply for a removal of the licence temporarily, for a period not exceeding 12 months, to some other portion of the premises or to other premises in the vicinity, or for a redefinition of the licensed premises for that period.

(2)An application made under subsection (1) may be granted by the Director notwithstanding — 

(a)that any premises to which the licence is to be temporarily removed, or the redefinition of the premises would not, ordinarily, conform to the requirements of the licensing authority; or

(b)that consents that would normally be required have not been obtained; or

(c)that no opportunity for objection has been afforded.

(3)Where the Director is of the opinion that a removal of a licence under subsection (1) is not appropriate, the Director may suspend the operation of the licence or may redefine the licensed premises notwithstanding that the application made was in respect of a temporary removal.

[Section 80 amended by No. 73 of 2006 s. 58.]

81.Applications for removal of licence

(1)Subject to section 78, 79, and 80, the licensing authority has the same jurisdiction in relation to an application for the removal of a licence as it has in relation to an application for the grant of a new licence of that class.

(2)Subject to section 78, an application to the licensing authority for a removal shall be made by the person wishing to hold the licence after the removal.

(3)An applicant for the removal of a licence must satisfy the licensing authority — 

[(a)deleted]

(b)that the requirements of this Act in relation to the grant of a new licence of that class are met in relation to — 

(i)the licence sought to be removed; and

(ii)the premises to which it is sought to be removed;

and

(c)that adequate notice of the proposed application had been given — 

(i)to the owner and any lessor or lessee of the premises to which the licence is sought to be removed; and

(ii)to the owner, and any lessor, lessee or mortgagee of the premises from which it is proposed to remove the licence;

and

(d)where the applicant is not the holder of the licence sought to be removed, that the licence should be transferred to the applicant.

[(4)deleted]

(5)The removal of a licence — 

(a)shall be effected by an endorsement made on the licence by the licensing authority, in a form approved by the Director, substituting the name of the premises to which the licence is removed for that of the premises to which it previously applied; and

(b)takes effect on the date specified in that endorsement,

on an application for the proposed removal being granted.

(6)Where a licence the operation of which is suspended is removed, the licence when removed shall then be in force for all purposes, unless the licensing authority in an appropriate case orders that the suspension continues to have effect.

(7)An application for the removal of a licence cannot be made if —

(a)the licence has been conditionally granted under section 62; and

(b)the grant of the licence has not been confirmed under section 62(9).

[Section 81 amended by No. 12 of 1998 s. 55; No. 73 of 2006 s. 59.]

Division 9 — Transfers

82.Applications for transfer of licences

(1)Subject to section 83, the Director has the same powers in relation to the approval of the transfer of a licence as the licensing authority, appropriately constituted, has in relation to the grant of a new licence of the same class.

(2)An application to the Director for approval to the transfer of a licence shall be made by the person wishing to hold the licence after the transfer.

(3)The transfer of a licence — 

(a)shall be effected by an endorsement made on the licence by the licensing authority, in a form approved by the Director, substituting the name of the transferee for that of the person who holds or has held the licence; and

(b)takes effect on the date specified in that endorsement,

on an application for the approval of the proposed transfer being granted.

[Section 82 amended by No. 12 of 1998 s. 56.]

82A.Transfer of licence between licence holders

(1)Where a licence is held jointly and one, or more, of the persons who hold the licence no longer wishes to be involved in the conduct of business under the licence, or ceases to occupy the licensed premises, then application is to be made for the licence to be transferred to the other person, or persons, who hold the licence.

(2)Application is to be made under subsection (1) notwithstanding that the interest of a person in the licence has terminated under section 37(5)(b).

(3)Where application has not been made under subsection (1) within 28 days of a person ceasing to be involved in the conduct of business under a licence or ceasing to occupy the licensed premises then the Director may suspend the operation of the licence.

[Section 82A inserted by No. 12 of 1998 s. 57.]

83.Certain licences not transferable

(1)A casino liquor licence is not capable of being transferred without the consent of the Gaming and Wagering Commission.

(2)A club licence is not capable of being transferred.

(3)An occasional licence is not capable of being transferred.

[Section 83 amended by No. 35 of 2003 s. 173(4).]

84.Pre-requisites for transfer of licence

(1)The Director shall not grant an application for approval of the transfer of the licence in relation to any premises unless the application is made — 

(a)pursuant to a contract for the sale or assignment of the right of the licensee to carry on business under the licence, the licensee consenting to the application; or

(b)by a person who — 

(i)has under section 86 a right to carry on the business of the licensee; or

(ii)may, under section 87, be granted a protection order;

or

(c)with leave of the Director,

but where the Director is satisfied that a licensee can not be found or has unreasonably or capriciously refused to consent the requirement for that consent may be waived.

(2)A licensee shall not purport to sell or assign the right to carry on business under the licence or to sell or assign the licence itself unless — 

(a)the contract of sale or assignment is subject to a condition precedent under which the prior approval by the Director of the proposed transfer of the licence is a prerequisite to the contract taking effect; or

(b)the Director has approved the proposed transfer.

(3)Where an application for approval of a transfer is made on the grounds that the licensee has been evicted from, or has ceased to occupy or to carry on business at, the licensed premises or that to the exclusion of the licensee the owner of the licensed premises has come into or become entitled to possession of those premises, the application shall not be determined unless the Director is satisfied — 

(a)that notice of the application was given by the applicant to that licensee at least 3 days before the day on which the application is to be determined; or

(b)that all reasonable steps were taken to give notice to that licensee, and that any failure to give the notice is not attributable to the applicant or a person employed by the applicant.

(4)An applicant for approval to the transfer of a licence — 

(a)must satisfy the Director — 

(i)that the applicant is a fit and proper person to hold the licence; and

(ii)as to the matters referred to in section 37(1)(a), (b), (c) and (d);

and

(b)shall cause to be provided to the Director, in such form as may be required by the Director, a return of liquor purchased or sold by the transferor under the licence up to a date specified by the Director, being the date on which the transfer is to take effect or the date up to which the transferor last carried on business; and

(c)shall provide or cause to be provided such further or other records or information as the Director may require,

but, in particular circumstances, the Director may waive or modify the requirement for the provision of any, or any particular, document or information.

(5)On an application for approval to a proposed transfer of a licence the Director may make the grant of approval subject to such terms and conditions as the Director thinks fit, including — 

(a)a condition that any moneys due under this Act up to the date of transfer shall be paid to the Director; and

(b)a condition requiring the carrying out of works or repairs on the licensed premises.

(6)An application for approval to the transfer of a licence may be granted notwithstanding that — 

(a)the operation of the licence is suspended; or

[(b)deleted]

(c)a protection order has effect,

and where a licence is so transferred it shall then be in force for all purposes, unless the Director otherwise determines and so orders.

[Section 84 amended by No. 12 of 1998 s. 58; No. 73 of 2006 s. 60 and 111(7).]

85.Transferee to succeed to certain of transferor’s liabilities and rights

(1)Where a licence is transferred the transferee of the licence succeeds to the liabilities of the transferor under this Act, notwithstanding that the licence transferred may be a licence to which section 84(6) refers.

[(2)deleted]

(3)Where a producer’s licence is transferred, the transferee may sell, under that licence, liquor produced by the transferor or a previous licensee or occupier of the licensed premises before the date of the transfer as if it had been produced by the transferee.

[Section 85 amended by No. 56 of 1997 s. 32.]

Division 10 — Interim authorisations and protection orders

86.Interim authorisations to carry on business under licence

(1)In this section, a reference to the business of the licensee is a reference to the business carried on by the licensee under the licence immediately before the death of the licensee, or the bankruptcy or other disability or event referred to in this section, occurred.

(2)Subject to subsection (4), where a licensee dies — 

(a)the executor or other person entitled to, or who has obtained, a grant of administration of the estate of the licensee; or

(b)a relative or legatee of the licensee, being a person approved by the Director; or

(c)a nominee of any such person who is approved by the Director,

may carry on the business of the licensee as though that person were the licensee until the expiration of 28 days from the date of death of the licensee.

(3)Subject to subsection (4), where a licensee becomes permanently disabled by accident, physical or mental illness, or infirmity from carrying on business under the licence — 

(a)a person authorised or appointed by law to administer the affairs of the licensee; or

(b)a relative of the licensee, being a person approved by the Director; or

(c)a nominee of any such person who is approved by the Director,

may carry on the business of the licensee as though that person were the licensee until the expiration of 28 days from the date of that person going into possession of the licensed premises.

(4)Where a licence is held jointly and a holder of the licence dies or becomes permanently disabled by accident, physical or mental illness, or infirmity from carrying on business under the licence, the remaining holder or holders of the licence may be treated, for the purposes of this Act, as the sole licensee or as the licensees, if — 

(a)the Director is notified in writing of the name and date of death or disability of that holder and of the reasons for any disability alleged as soon as is practicable; and

(b)the Director acknowledges that the disability alleged will be regarded by the licensing authority as a permanent disability.

(5)Where a licensee is insolvent under administration, within the meaning of the Corporations Act 2001 of the Commonwealth, the person who has lawful control of the licensed premises, or a nominee of any such person who is approved by the Director, may carry on the business of the licensee as though that person were the licensee until the expiration of 28 days from the date of going into possession of the licensed premises.

(6)Where a licensee that is a body corporate becomes an externally‑administered body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, the person who has lawful financial control of the licensed premises, or a nominee of any such person who is approved by the Director, may carry on the business of the licensee as though that person were the licensee until the expiration of 28 days from the date of going into possession of the licensed premises.

(7)Where a petition for the bankruptcy of a licensee, or to wind up a licensee that is a body corporate, is filed the licensee shall notify the Director in writing of that fact and of the date of filing, within 7 days of the date of filing.

(8)Where a person applies to the Director — 

(a)for approval to carry on a business; or

(b)for some other person sought to be appointed to be approved as nominee by the Director,

under this section, if the Director is satisfied on the information then before the licensing authority that there is nothing that would have precluded the grant of approval to a transfer to that person the application under this subsection may be granted, without opportunity for objection, forthwith and the Director shall cause the name of that person and of any approved nominee to be endorsed on the licence but the endorsement is evidence of the authorisation to carry on business under this section only and does not operate as a transfer or prejudice the consideration of an application for approval to a transfer.

(9)A person who exercises a right to carry on the business of a licensee, otherwise than with the prior approval of the Director, shall within 7 days after commencing to do so, notify the Director in writing of that fact, of the date of commencing to do so, and of the circumstances by reference to which the right is claimed and shall provide to the Director such further or other information or records as may be required by the Director.

(10)Where — 

(a)a person purports to exercise the right to carry on the business of a licensee under this section for a period of more than 28 days, and no relevant protection order under section 87 applies; or

(b)the business of a licensee ceases to be carried on by the licensee but no person exercises a right conferred by this section; or

(c)a person who is not authorised under this section or section 87 to carry on the business formerly carried on by a licensee purports to exercise a right to do so,

the operation of the licence may be deemed by the licensing authority to have been suspended as from such date as the Director may determine.

[Section 86 amended by No. 12 of 1998 s. 59; No. 10 of 2001 s. 220; No. 73 of 2006 s. 61.]

87.Protection orders, grant and term of etc.

(1)Where — 

(a)a licensee ceases to occupy, or to carry on business in, licensed premises, and the owner, lessor or mortgagee of the licensed premises applies within 28 days thereafter; or

(b)the operation of a licence is suspended and a person satisfies the Director that loss is thereby likely to result if an order is not granted under this section; or

(c)a person, being a person who is authorised to carry on the business of a licensee under section 86 but who wishes to carry on that business for a period in excess of 28 days, applies within that period of 28 days; or

(d)following the occurrence of the death of a licensee or other disability or event referred to in section 86, an application for a transfer of a licence is intended to be made or remains to be determined, and the proposed transferee applies; or

(e)the local government of a district that is situate in a rural area applies on the ground that a hotel or liquor store serving the local community has ceased to carry on business,

the Director may, on payment of the prescribed fee and on such conditions as the Director thinks fit, grant to the applicant, or to a nominee of the applicant approved by the Director, an authorisation, in this Act referred to as a protection order, to sell liquor and to carry on the business of the licensee, or former licensee, on or from the licensed premises as if that person were the licensee, if the Director is satisfied on the information before the licensing authority that there is nothing that would have precluded the grant of approval to a transfer to that applicant.

(2)A protection order — 

(a)takes effect on the date specified in the order; and

(b)ceases to have effect — 

(i)on the expiry of such period of not more than 6 months, or where subsection (1)(e) applies 12 months, as is specified in the order; or

(ii)on the licensing authority approving the transfer of the licence in respect of the premises to which the order relates, or on the surrender or the cancellation of that licence; or

(iii)on the granting of a new licence in respect of those premises; or

(iv)on the coming into force of a protection order for the premises superseding that previous order; or

(v)on the date specified in a notice given under subsection (7),

whichever first happens,

and whilst it continues in force this Act applies to the holder as if that person were the holder of a licence.

(3)A protection order may be made for any premises so as to supersede a previous protection order if the Director is satisfied that — 

(a)the person granted the previous protection order consents to its being superseded by — 

(i)a subsequent order granted to that person, whether on the same or different terms or conditions; or

(ii)an order granted to some other person who is entitled by subsection (1);

or

(b)during the period the order has had effect no application has been made for a transfer of the licence or the grant of a new licence in respect of the premises, and that the person granted the previous protection order — 

(i)does not propose or is not qualified so to apply; or

(ii)is for any reason unable to carry on business under the protection order,

and some other person entitled by subsection (1) applies for an order.

(4)The Director shall cause a memorandum of the terms of, and conditions imposed on, a protection order to be endorsed on the licence to which it relates.

(5)Where the operation of a licence is suspended and a person is granted a protection order in respect of the premises to which that licence related, all moneys due under this Act (including any moneys that may have fallen due during any period when the operation of the licence concerned was suspended, or it was not in force, and which would not have been payable had the protection order not been made) shall, unless the Director otherwise requires or consents, be payable under that order as though the licence had remained in force and had been held by the person who is the holder of the protection order.

(6)Where more than one person claims the right to carry on the business of a licensee under a licence or applies for a protection order in respect of the same licence, the Director shall determine the matter and may — 

(a)suspend the operation of the licence; or

(b)grant a protection order to such applicant or claimant as the Director approves.

(7)A protection order granted under subsection (1)(c) may be cancelled by notice in writing given by the Director to the holder specifying a date on which it is to cease to have effect, where the Director is satisfied that the licensee of the licence to which the order relates is no longer under the disability which occasioned the granting of the order.

[Section 87 amended by No. 14 of 1996 s. 4; No. 12 of 1998 s. 60; No. 73 of 2006 s. 62.]

88.Protection order, effect of

(1)The grant of a protection order, or the carrying on of business under section 86, or an authorisation under section 86 does not — 

(a)affect a licence; or

[(b)deleted]

(c)operate as a transfer; or

(d)prejudice the consideration of an application for approval to a transfer,

in respect of the premises to which it relates.

(2)Where a protection order has effect in relation to any premises any application under this Act in respect of those premises shall not be determined unless the Director is satisfied — 

(a)that notice of the application was given by the applicant to the holder of the protection order at least — 

(i)7 days before any hearing relating to the application; or

(ii)where the application is of a kind to which objection may be lodged, 3 days before the last day on which objections should be lodged;

or

(b)that all reasonable steps were taken to give notice to the holder of the protection order, and that any failure to give the notice is not attributable to the applicant or a person employed by the applicant,

and the holder of the protection order may intervene in the application.

[Section 88 amended by No. 12 of 1998 s. 61.]

89.Dispute as to terms of lease, Director’s powers in case of

Where in relation to any premises a dispute arises as between the owner or lessor and a licensee or former licensee as to the terms of any lease under which the licensee carries on or the former licensee carried on business, or as to compensation relating to any such lease or former lease, which the Director considers has an impact on requirements to be met under this Act, the Director may — 

(a)suspend the operation of the licence, pending determination of the dispute in a manner approved by the Director; or

(b)grant a protection order in respect of the premises to any party to the dispute.

[Section 89 amended by No. 12 of 1998 s. 62.]

Division 11 — Suspensions

[90.Deleted by No. 73 of 2006 s. 63.]

91.Suspension of licence or permit in the public interest

(1)The Director may, at discretion or on an application made by or on behalf of the Commissioner of Police, suspend the operation of any licence or permit, for such period or on such occasion as the Director thinks fit, if the Director considers it is in the public interest to do so.

(2)Without limiting subsection (1), the Director may, after giving the licensee a reasonable opportunity to make submissions or to be heard, suspend the operation of a licence if —

(a)the licence is other than an occasional licence; and

(b)it appears to the Director that —

(i)contrary to the condition referred to in section 37(5), the licensee has ceased to occupy the licensed premises to the exclusion of others; or

(ii)in the case of a club restricted licence — contrary to the condition referred to in section 48(4)(a)(i) the licensee has ceased to occupy the licensed premises to the exclusion of others during the times when the sale of liquor is authorised by the licence.

[Section 91 amended by No. 73 of 2006 s. 64.]

92.Suspension because business has ceased etc.

The Director may, after (where practicable) giving the holder a reasonable opportunity to make submissions or to be heard, suspend the operation of a licence if — 

(a)it appears to the Director that the licensee has ceased to carry on business at the licensed premises; or

(b)where the licensee is a body corporate, an event described in section 102(1)(a) or (b) has occurred.

[Section 92 amended by No. 12 of 1998 s. 63.]

92A.Cancellation of suspension

If the Director is satisfied that the suspension of the operation of a licence or permit under this Division is no longer justified, the Director shall cancel that suspension.

[Section 92A inserted by No. 12 of 1998 s. 64.]

93.Cancellation of suspended licences

(1)Where the operation of a licence or a permit relating to a licence is suspended, or is deemed to have been suspended, and the Director after (where practicable) giving the holder a reasonable opportunity to make submissions or to be heard, is satisfied — 

(a)that the licensee does not intend to resume the business carried on in the premises, or on the site of the premises, for which the licence was granted; and

(b)that the relevant period has elapsed from the day on which the licence or permit was suspended, or deemed to have been suspended,

the Director may, by notice in writing, specify that the licence is cancelled at the expiry of such period as may be specified in that notice unless it is again in force for all purposes before the expiry of that period, and effect shall be given to the notice.

(1a)In subsection (1)(b) —

relevant period means 28 days or any greater period prescribed.

(2)The Director may, on application, extend the period specified in a notice made under subsection (1).

[Section 93 amended by No. 12 of 1998 s. 65; No. 73 of 2006 s. 65.]

Division 12 — Surrenders

94.Surrendering licences

(1)A person who is the holder of a licence or who is under section 86 authorised to carry on the business of a licensee may, by notice in writing to the Director, give notice of intention to surrender the licence and that licence — 

(a)shall be deemed to be surrendered; and

(b)shall cease to have effect,

on such date as is, in a notice of acceptance of the surrender given by the Director to that person, specified as the date of surrender.

(2)The surrender of a licence does not affect liabilities incurred by the licensee under this Act up to the date of surrender.

(3)The Director shall not give notice of acceptance of a surrender unless the Director is satisfied — 

(a)except where the licence is a club licence, that the written consent of every person entitled to any freehold interest in the licensed premises has been sought; and

(b)in the case of a club licence, that — 

(i)the members of the club at a duly convened general meeting of members; or

(ii)where no such meeting is convened, any trustees of the club,

have by a majority resolution consented to the surrender, or that the surrender is otherwise appropriate; and

(c)in all other cases, that so far as is practicable the consent of every person entitled to any interest in the licensed premises has been sought; and

(d)in all cases, that so far as is practicable the consent of every person entitled to any interest in the licensed premises under — 

(i)a lease; or

(ii)a mortgage, charge or security affecting the premises,

has been sought,

and that, except where reasonable cause is shown why a consent can not and should not be required to be obtained, all the persons of whom consent has been sought have so consented.

(4)In subsection (3), a reference to an interest includes an interest in possession, reversion or remainder.

Division 13 — Disciplinary matters

95.Disciplinary action against licensees, grounds and procedure for

(1A)In this section —

employee, of the licensee, includes —

(a)a person engaged under a contract for services by the licensee; and

(b)a person who —

(i)holds a crowd controller’s licence; and

(ii)is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of the licensed premises to supply the services of crowd controllers at those premises.

(1)The Commission may, on a complaint lodged under this section, take disciplinary action.

(2)The complaint must allege that proper cause for disciplinary action exists and set out the grounds on which that allegation is based.

(3)Upon the making of a complaint, the Commission may require the complainant to attend a preliminary conference before the Commission, and may require a licensee to show cause to the Commission why disciplinary action should not be taken, and where the Commission is satisfied that the grounds on which the allegation is based are vexatious or can not be made out the Commission shall give notice of that determination to the complainant and the complaint shall not then be heard without leave of the Commission.

(4)There shall be proper cause for disciplinary action if — 

(a)the business conducted under the licence is not properly conducted in accordance with the licence; or

(b)the licensed premises are not properly managed in accordance with this Act; or

(c)the licensed premises — 

(i)have fallen into disrepair; or

(ii)are otherwise in an unsatisfactory condition; or

(iii)have been altered without the prior approval of the Director; or

(iv)contravene the requirements of a written law as to planning, building, health, or safety;

or

(d)the owner or occupier of the licensed premises has failed to comply with a direction given under section 77(2), or a requirement made under section 99; or

(e)the licensee has — 

(i)contravened a requirement of this Act or a term or condition of the licence; or

(ii)sold or supplied liquor otherwise than in accordance with the authorisation conferred by the licence; or

(iii)failed to comply with a summons, direction or order under this Act;

or

(f)the licensee has been convicted of — 

(i)an offence under this Act;

(ia)an offence under the Food Act 2008 in relation to the licensed premises;

(ii)an offence in any jurisdiction, that, in the opinion of the Director, may imply that the person is unfit to be the holder of a licence;

(iii)an offence under the Health (Miscellaneous Provisions) Act 1911 in relation to the licensed premises or liquor,

or at a material time employed or engaged, in relation to the business carried on under the licence, a person who in the course of that business committed any such offence of which that person was convicted; or

(fa)the licensee has been given an infringement notice under section 167 and the modified penalty has been paid in accordance with that section; or

(g)the licensee otherwise is, or becomes, an unsuitable person to hold a licence under this Act; or

(h)a person holding a position of authority in a body corporate that holds the licence, or who is interested in the business or the profits or proceeds of the business, is or becomes not a fit and proper person to hold that position or to be so interested; or

(j)the continuation of the licence is not in the public interest or the licence has not been exercised in the public interest; or

(k)the safety, health or welfare of persons who resort to the licensed premises is endangered by an act or neglect of —

(i)the licensee; or

(ii)an employee or agent of the licensee; or

(iii)a person acting, or purporting to act, on behalf of the licensee;

or

(m)a person is convicted of unlawful gaming in respect of events that took place on the licensed premises; or

(n)a licence fee payable under this Act, or a penalty for failure to pay a fee when it becomes due or to comply with a requirement made under section 99, is not paid on or before the date fixed for payment under this Act; or

(o)a determination previously made under section 96 has been contravened.

(5)A complaint under this section may be made — 

(a)by the Director; or

(b)by the Commissioner of Police, except on the grounds referred to in subsection (4)(c), (d), (n) or (o); or

(c)by the local government of the district in which the licensed premises are situated or of any adjoining district, except on the grounds referred to in subsection (4)(d), (f), (h), (m), (n) or (o).

(5a)The complainant is to lodge the complaint with the Commission and is to serve a copy of the complaint on the licensee.

(6)Where a complaint is lodged under this section, the Director, if satisfied that the safety, health or welfare of the public so requires, may impose a condition on, or vary or suspend the operation of a previous condition imposed on, a licence, to have effect pending determination of the complaint.

(7)Notice of a complaint under this section and of the time and place appointed for the hearing of the complaint shall be served by the Commission — 

(a)on the licensee; and

(b)where the complaint is made on the grounds referred to — 

(i)in subsection (4)(c) or (d), the owner or occupier of the premises; or

(ii)in subsection (4)(h), the person concerned,

in respect to whom the allegation is made; and

(c)any other person the Commission may direct.

(7a)When hearing a complaint under this section, the Commission is to be constituted by 3 members, including a member who is a lawyer.

(8)In this section and section 96, a reference — 

(a)to a licence, includes a reference to a permit which relates to the licence, and to a protection order; and

(b)to a licensee, includes a reference to the holder of a protection order; and

(c)to licensed premises, includes a reference to premises the subject of a protection order.

(9)An infringement notice given under section 167 to the employee or agent of a licensee may be used as evidence in respect of a complaint lodged under this section with respect to that licensee.

(10)The Commission may deal jointly with complaints lodged under this section if it considers that the complaints are related.

(11)It is not a defence to a complaint lodged under this section against a licensee to show that the licensee — 

(a)did not know, or could not reasonably have been aware of or have prevented the act or omission which gave rise to the complaint; or

(b)had taken reasonable steps to prevent that act or omission from taking place.

(12)The hearing of a complaint lodged under this section must be in public unless the Commission considers that, in the circumstances of the case, the hearing should be in private.

[Section 95 amended by No. 14 of 1996 s. 4; No. 56 of 1997 s. 33; No. 12 of 1998 s. 10(11), 35(3) and (4), 66, 70(6) and (7); No. 73 of 2006 s. 66 and 106; No. 21 of 2008 s. 675(3); No. 43 of 2008 s. 148(4); No. 19 of 2016 s. 101; No. 9 of 2018 s. 46.]

96.Disciplinary action, powers to take

(1)Upon the appearance of the licensee, and of any other person required to be given notice of the complaint, or complaints, under section 95 or in the absence of the licensee or other person after due notice was given (where practicable), the Commission shall hear and determine the matter to which the complaint, or complaints, relate and, if it is satisfied, on the balance of probabilities, that the ground upon which the complaint was, or complaints, were made has been made out so that a proper cause for disciplinary action exists, the Commission may — 

(a)issue a reprimand; or

(b)impose a condition to which the licence is to be subject or otherwise limit the authority conferred by the licence, and vary the licence accordingly; or

(c)vary or cancel a condition to which the licence is subject; or

(d)suspend the operation of the licence — 

(i)until further order; or

(ii)for a specified period;

or

(e)cancel the licence; or

(f)disqualify, for such period as the Commission thinks fit, the licensee from holding a licence; or

(g)disqualify, for such period as the Commission thinks fit, a person against whom a ground of complaint was made out from being — 

(i)the holder of a position of authority in a body corporate that holds a licence; or

(ii)interested in, or in the profits or proceeds of, a business carried on under a licence,

subject to subsection (3); or

(h)require a licensee, or a person against whom a ground of complaint was made out, to enter into a bond or give security for future conduct; or

(j)give directions as to the conduct of the business of the licensee; or

(k)require specified action to be taken by the licensee within a specified period; or

(m)order the licensee or a person against whom a ground of complaint was made out to pay to the Crown a monetary penalty not exceeding $60 000; or

(n)make such other order as the Commission thinks fit, in relation to the licensee or a person against whom a ground of complaint was made out,

or may take no action in the matter.

[(2)deleted]

(3)The Commission shall not impose a penalty under subsection (1)(g) or on a person liable to a penalty as a result of section 164 where it is proved that the person concerned — 

(a)did not know, and should not have known, of the matter upon which the ground of complaint was made out; or

(b)had taken reasonable steps to prevent the occurrence of a matter of the kind to which the complaint, or complaints, related.

(4)Where the Commission is satisfied that a licensee is committing, or permitting the commission of, a continuing breach of any condition of a licence the Commission may by order restrain the continuance of that breach, and may make a further order that the licence shall be suspended for a specified period or cancelled with immediate effect if the Director is satisfied that the order has been contravened.

(5)The continued existence of anything in a state, or the intermittent repetition of any action, contrary to a condition of the licence shall be deemed for the purposes of subsection (4) to be a continuing breach of that condition.

(6)Where a licence is suspended or the holder of a licence is disqualified — 

(a)if so required by the Director, the licensee or person who was the holder of the licence shall forthwith provide to the Director, in the form approved by the Director, a return of liquor purchased or sold by that person under the licence up to the date of suspension, or the date on which business was last carried on, and shall provide or cause to be provided to the Director such further or other records or information as the Director may require; and

(b)a protection order may, if the Director thinks fit, be made on the application of — 

(i)a member of the family of the licensee; or

(ii)the owner, lessor or mortgagee of the premises to which the licence relates; or

(iii)a person interested in, or in the profits or proceeds of, the business conducted under the licence.

[Section 96 amended by No. 73 of 1994 s. 4; No. 12 of 1998 s. 67; No. 73 of 2006 s. 106 and 111(8); No. 56 of 2010 s. 47.]

Part 4 — The conduct of business

Division 1 — Hours of trading

97.Permitted hours generally

(1)Subject to this Act and to any condition imposed by the licensing authority a licensee is authorised to sell liquor during — 

(a)such of the permitted hours specified in this Division; and

(b)such of the hours that may be specified under an extended trading permit,

as the licensee wishes to do so.

[(2)deleted]

[Section 97 amended by No. 12 of 1998 s. 68; No. 35 of 2003 s. 173(4); No. 73 of 2006 s. 67.]

98.Hotel licence, permitted hours under

(1)The permitted hours under a hotel licence are —

(a)on a day other than a Sunday — from 6 a.m. to 12 midnight;

(b)on a Sunday — from 10 a.m. to 12 midnight;

[(c)deleted]

(d)on New Year’s Day — from immediately after 12 midnight on New Year’s Eve to 2 am and then in accordance with paragraph (a) or (b), as the case requires;

(e)on Good Friday or Christmas Day — from 12 noon to 10 p.m., but only for liquor sold ancillary to a meal supplied by the licensee;

(f)on ANZAC Day — from 12 noon to 12 midnight.

(2)The permitted hours under a hotel licence for the sale of liquor to a lodger are unrestricted.

[Section 98 inserted by No. 73 of 2006 s. 68; amended by No. 35 of 2015 s. 12; No. 9 of 2018 s. 47.]

98AA.Permitted hours under small bar licence

The permitted hours under a small bar licence are —

(a)on a day other than a Sunday — from 6 am to 12 midnight;

(b)on a Sunday — from 10 am to 12 midnight;

(c)on New Year’s Day — from immediately after 12 midnight on New Year’s Eve to 2 am and then in accordance with paragraph (a) or (b), as the case requires;

(d)on Good Friday or Christmas Day — from 12 noon to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee;

(e)on ANZAC Day — from 12 noon to 12 midnight.

[Section 98AA inserted by No. 9 of 2018 s. 48.]

98A.Nightclub licence, permitted hours under

(1)The permitted hours under a nightclub licence are —

(a)on a day other than a Sunday — from 6 p.m. to 12 midnight and then continuing to 5 a.m. on the next day;

[(b)deleted]

(c)on a Sunday that is not New Year’s Eve — from 8 p.m. to midnight and then continuing to 2 a.m. on the next day;

(d)on a Sunday that is New Year’s Eve — from 8 p.m. to midnight and then continuing to 5 a.m. on the next day;

(e)on Good Friday — from immediately after 12 midnight on the previous day to 3 a.m., and there are no further permitted hours before 6 p.m. on the following day;

(f)on Christmas Day — subject to subsection (2), from immediately after 12 midnight on the previous day to 3 a.m., and there are no further permitted hours —

(i)before 6 p.m. on the following day; or

(ii)if the following day is a Sunday — before 8 p.m. on the following day;

(g)on ANZAC Day — from immediately after 12 midnight on the previous day to 3 a.m. and then in accordance with paragraph (a) or (c), as the case requires.

(2)If Christmas Day falls on a Monday —

(a)the permitted hours under a nightclub licence on that day are from immediately after 12 midnight on the previous day to 2 a.m.; and

(b)there are no further permitted hours before 6 p.m. on the following day.

[Section 98A inserted by No. 73 of 2006 s. 68; amended by No. 56 of 2010 s. 48; No. 35 of 2015 s. 13; No. 9 of 2018 s. 49.]

98B.Casino liquor licence, permitted hours under

(1)The permitted hours under a casino liquor licence are as permitted by the Gaming and Wagering Commission by notice in writing given to the licensee.

(2)The Gaming and Wagering Commission is to lodge a copy of a notice under subsection (1) with the Director.

[Section 98B inserted by No. 73 of 2006 s. 68.]

98C.Special facility licence, permitted hours under

The permitted hours under a special facility licence are as specified in the particular licence.

[Section 98C inserted by No. 73 of 2006 s. 68.]

98D.Liquor store licence, permitted hours under

(1)The permitted hours under a liquor store licence are —

(a)on a day other than a Sunday, Good Friday, Christmas Day or ANZAC Day — from 8 a.m. to 10 p.m.;

(b)on a Sunday that is not ANZAC Day — subject to subsection (2), from 10 a.m. to 10 p.m.;

(c)on ANZAC Day — from 12 noon to 10 p.m.

(2)Subsection (1)(b) applies only to liquor stores in the metropolitan area.

(3)There are no permitted hours under a liquor store licence on Good Friday or Christmas Day.

[Section 98D inserted by No. 73 of 2006 s. 68.]

98E.Club licence and club restricted licence, permitted hours under

(1)The permitted hours under a club licence (other than a club restricted licence), excluding Good Friday, Christmas Day or ANZAC Day, are —

(a)on a day other than a Sunday —

(i)from 6 a.m. to 12 midnight; and

(ii)then continuing, if the following day is other than a Sunday or New Year’s Day, to 12.30 a.m., but only for liquor sold ancillary to a meal supplied by or on behalf of the licensee;

(b)on a Sunday that is not New Year’s Eve —

(i)from immediately after 12 midnight on the previous day to 1 a.m.; and

(ii)from 10 a.m. to 10 p.m.;

(c)on a Sunday that is New Year’s Eve —

(i)from immediately after 12 midnight on the previous day to 1 a.m.; and

(ii)from 10 a.m. to 12 midnight;

(d)on New Year’s Day — from immediately after 12 midnight on the previous day to 2 a.m. and then in accordance with paragraph (a) or (b)(ii), as the case requires.

(2)The permitted hours under a club licence (other than a club restricted licence) on Good Friday, Christmas Day and ANZAC Day are —

(a)on Good Friday — from immediately after 12 midnight on the previous day to 12.30 a.m., but only for liquor sold ancillary to a meal supplied by or on behalf of the licensee;

(b)on Christmas Day —

(i)from immediately after 12 midnight on the previous day to 12.30 a.m.; and

(ii)from 12 noon to 10 p.m.,

but only for liquor sold ancillary to a meal supplied by or on behalf of the licensee;

(c)on ANZAC Day —

(i)that is a Sunday — from immediately after 12 midnight on the previous day to 1 a.m. and from 12 noon to 12 midnight; or

(ii)that is not a Sunday — from 12 noon to 12 midnight.

(3)The permitted hours under a club licence (other than a club restricted licence) for the sale of liquor to a lodger who is a member of the club are unrestricted.

(4)The permitted hours under a club restricted licence are as specified in the particular licence.

[Section 98E inserted by No. 73 of 2006 s. 68; amended by No. 9 of 2018 s. 50.]

98F.Restaurant licence, permitted hours under

The permitted hours under a restaurant licence are at any time except from 3 a.m. to 12 noon on ANZAC Day.

[Section 98F inserted by No. 73 of 2006 s. 68.]

98G.Producer’s licence, permitted hours under

(1)The permitted hours under a producer’s licence are —

(a)except as provided in subsection (2), on a day other than Good Friday, Christmas Day or ANZAC Day — at any time;

(b)on Good Friday or Christmas Day — from 12 noon to 10 p.m., but only for liquor sold ancillary to a meal supplied by the licensee;

(c)on ANZAC Day — from 12 noon to 12 midnight.

(2)For the purposes of section 55(1)(a), the permitted hours in relation to the sale or supply of beer or spirits on a day other than Good Friday, Christmas Day or ANZAC Day are from 10 am to 10 pm.

[Section 98G inserted by No. 73 of 2006 s. 68; amended by No. 35 of 2015 s. 14; No. 9 of 2018 s. 51.]

98H.Wholesaler’s licence, permitted hours under

(1)The permitted hours under a wholesaler’s licence are —

(a)on a day other than Good Friday, Christmas Day or ANZAC Day — at any time;

(b)on ANZAC Day — from 12 noon to 12 midnight.

(2)There are no permitted hours under a wholesaler’s licence on Good Friday and Christmas Day.

[Section 98H inserted by No. 73 of 2006 s. 68.]

Division 2 — Maintenance of the premises

99.Duty to keep premises clean and in good repair; powers to enforce duty and require alterations

(1)Every licence is subject to the conditions that the licensee — 

(a)maintain the licensed premises at a standard that is reasonable having regard to the class of licence, the locality and the expectations of the public; and

(b)keep the premises and all fittings and fixtures in the premises thoroughly cleansed, in a hygienic condition and in good repair.

(2)Where the Director is of the opinion that the licensee has failed to comply with a condition referred to in subsection (1) the Director may, by notice in writing, require — 

(a)the licensee; or

(b)where the Director considers that the licensee might reasonably have complied with a requirement notified under this subsection but has not, the owner,

of the premises to take specified action, carry out specified works, or provide specified things.

(3)Where the Director determines that in the public interest — 

(a)licensed premises should be altered; or

(b)the furniture, fittings, accommodation, facilities, amenities or services in, or provided or to be provided by, any licensed premises are inadequate or unsuitable,

the Director may, by notice in writing, require the owner or the licensee of those premises, or both of them, to make the alteration or remedy the inadequacy or unsuitability in such manner as is specified by the Director and may require any such person to submit a proposal, accompanied by plans and specifications, for that purpose within a specified time.

[(4)deleted]

(5)In subsections (2) and (3), specified means specified in the notice given under the respective subsection.

(6)Where a licensee fails to comply with a requirement made under subsection (2) or (3), the owner of the licensed premises may, notwithstanding any express or implied covenant or agreement to the contrary, enter the premises and cause to be done or do all that was required of the licensee.

(7)Where an owner or licensee fails to comply with a requirement made under subsection (2) or (3) within the time limited in that requirement, the Director may determine that a monetary penalty, not exceeding $1 000 for each day on which the failure continues after the expiration of the time so limited, shall be payable to the Crown by that person and by notice in writing given to that person so direct and whether or not a monetary penalty is imposed a complaint may be made under section 95.

(8)Where a licensee or owner so requests, a licence may be varied by the Director to facilitate works required by this section.

[Section 99 amended by No. 12 of 1998 s. 70(1) to (4); No. 56 of 2010 s. 49.]

Division 3 — Supervision and management

Subdivision 1 — Licensed premises to be supervised and managed

[Heading inserted by No. 56 of 2010 s. 14.]

100.Licensee’s duties

(1)The conduct of business under a licence is always the responsibility of the licensee and shall be personally supervised and managed by a natural person, in accordance with this section.

(2)The licensee shall ensure that the conduct of business at the licensed premises is personally supervised and managed — 

(a)by the licensee, if there is only one licensee and that licensee is a natural person; or

(b)by a person who is —

(i)unless subparagraph (ii) applies — an approved unrestricted manager; or

(ii)in the case of a club licence, club restricted licence or occasional licence that is not subject to a condition imposed under section 48(5A) or 59(6A) — an approved unrestricted manager or an approved restricted manager;

or

(c)a person appointed in accordance with subsection (3) to act as a temporary manager of the premises.

Penalty: a fine of $10 000.

(2a)Without limiting subsection (2), the licensee is to ensure, unless the Director otherwise approves, that there is present at the licensed premises at any time when business is conducted at the premises —

(a)a person who is —

(i)unless subparagraph (ii) applies — an approved unrestricted manager; or

(ii)in the case of a club licence, club restricted licence or occasional licence that is not subject to a condition imposed under section 48(5A) or 59(6A) — an approved unrestricted manager or an approved restricted manager;

or

(b)a person appointed in accordance with subsection (3) to act as a temporary manager of the premises.

Penalty: a fine of $10 000.

(2b)Subsection (2a) does not apply in relation to the conduct of business at licensed premises at a particular time if —

(a)there is only one licensee and that licensee is a natural person; and

(b)the licensee is present at those premises at that time.

(3)Subject to any condition imposed under subsection (4), a licensee, an approved unrestricted manager or an approved restricted manager may appoint a person to act as a temporary manager of licensed premises for a particular period if —

(a)unless the Director otherwise approves, at the end of that period the premises will not have been supervised and managed by a temporary manager —

(i)for more than 7 consecutive days; nor

(ii)for more than 7 days in any 28 day period;

and

(b)the person appointed has not, at any time, been found to be not a fit and proper person to manage licensed premises.

(4)Without limiting section 64, the Director may impose a condition on a licence prohibiting the appointment of a person under subsection (3) unless the Director has approved the appointment.

(5)A person shall not supervise or manage the conduct of business at licensed premises other than in accordance with this section.

Penalty: a fine of $10 000.

[(6) del eted]

(7)A manager of licensed premises, in relation to those premises and the conduct of business at those premises, may deal and be dealt with, and under section 101 may be liable, as though that person were also a licensee of those premises.

(8)A licensee shall ensure that the conduct of business at the licensed premises is supervised and managed in accordance with this section.

Penalty: a fine of $10 000.

(9)Nothing in this section diminishes the liability of the actual holder of the licence or permit.

[Section 100 inserted by No. 12 of 1998 s. 71; amended by No. 73 of 2006 s. 69 and 110; No. 56 of 2010 s. 15 and 69; No. 9 of 2018 s. 52.]

101.Managers etc., liabilities of

(1)Where under this Act — 

(a)a requirement is made of a licensee; or

(b)an element of an offence is an act or omission on the part of a licensee,

a manager of the licensed premises, or a person permitted by the licensee to conduct, supervise or manage the business carried on under the licence, is responsible as though that person were also a licensee of those premises and is liable accordingly, and that person may be charged with the offence.

(2)A person who is not a manager of licensed premises but is permitted by a licensee to conduct, supervise or manage the business carried on under the licence, shall, for the purposes of any prosecution for an offence under this Act arising out of the conduct of the business, be deemed to be, and is liable as though that person were, a manager of the premises concerned.

(3)Where the licensee of any premises permits another person — 

(a)to hold himself or herself out to the public as the licensee; or

(b)to conduct, supervise or manage the business carried on there under the licence, other than in accordance with section 100,

the licensee commits an offence.

Penalty: a fine of $10 000.

[Section 101 amended by No. 12 of 1998 s. 72; No. 84 of 2004 s. 80; No. 73 of 2006 s. 110; No. 56 of 2010 s. 25 and 69.]

Subdivision 2 — Approval of managers

[Heading inserted by No. 56 of 2010 s. 16.]

102A.Terms used

In this Subdivision —

approved manager means an approved unrestricted manager or an approved restricted manager;

manager’s approval means an approval granted under section 102B.

[Section 102A inserted by No. 56 of 2010 s. 16.]

102B.Applications for and granting approvals

(1)The Director may, in writing, approve a natural person as —

(a)an approved unrestricted manager; or

(b)an approved restricted manager.

(2)An application for a manager’s approval —

(a)is to be made in accordance with the regulations; and

(b)is to be accompanied by the prescribed fee.

(3)The Director must not grant a manager’s approval unless satisfied that the applicant is a fit and proper person to be approved.

(4)In determining an application for a manager’s approval the Director may have regard to any matters prescribed by the regulations.

(5)Unless the Director otherwise determines, if a person has applied for a manager’s approval the person is to be taken to be an approved unrestricted manager or an approved restricted manager, as the case requires, until the Director determines the application.

[Section 102B inserted by No. 56 of 2010 s. 16.]

102C.Conditions on manager’s approval

The Director may, in accordance with the regulations, impose any conditions on a manager’s approval that the Director thinks fit and may vary or remove those conditions.

[Section 102C inserted by No. 56 of 2010 s. 16.]

102D.Duration of manager’s approval

(1)A manager’s approval —

(a)takes effect on the day on which it is granted or any later day specified in it; and

(b)remains in force for the period prescribed by the regulations, unless before then it is revoked under section 102F.

(2)A manager’s approval may be renewed for consecutive periods of the duration prescribed by the regulations.

[Section 102D inserted by No. 56 of 2010 s. 16.]

102E.Renewal of manager’s approval

(1)An approved manager may apply to the Director to renew his or her manager’s approval.

(2)An application for the renewal of a manager’s approval —

(a)is to be made in accordance with the regulations; and

(b)is to be accompanied by the prescribed fee.

[Section 102E inserted by No. 56 of 2010 s. 16.]

102F.Disciplinary action against approved managers

(1)There are grounds for taking action against an approved manager under this section if —

(a)the approved manager has failed to supervise and manage the conduct of business at licensed premises in a proper manner; or

(b)the approved manager is no longer fit and proper to be approved; or

(c)the approved manager has failed to comply with any condition on his or her manager’s approval; or

(d)grounds exist under the regulations for taking action under this section.

(2)If the Director is satisfied that there are grounds for taking action against an approved manager under this section the Director may, by notice in writing —

(a)revoke the manager’s approval; or

(b)suspend the manager’s approval for a specified period; or

(c)impose conditions on the manager’s approval.

(3)The Director must not take action against an approved manager under this section unless the approved manager —

(a)has been given, subject to section 30, details of the grounds on which the Director proposes to take that action; and

(b)has been afforded a reasonable opportunity to be heard on the matter.

(4)The Director may revoke a suspension imposed under subsection (2)(b) before the end of the specified period.

[Section 102F inserted by No. 56 of 2010 s. 16.]

102G.Approval may be cancelled on request

The Director may cancel a manager’s approval at the request of the manager.

[Section 102G inserted by No. 56 of 2010 s. 16.]

Subdivision 3 — General matters

[Heading inserted by No. 56 of 2010 s. 17.]

102.Management and control of incorporated licensees, approvals required

(1)A person who, without the approval of the licensing authority — 

(a)assumes a position of authority in a body corporate that holds a licence; or

(b)subject to subsection (3), being a shareholder in a proprietary company that holds a licence, increases or decreases that shareholding,

commits an offence.

Penalty: a fine of $10 000.

(2)Subsection (1) does not apply to or in relation to an occasional licence.

(3)Subsection (1)(b) does not apply to a person who is a shareholder in a proprietary company that holds a licence if —

(a)at the time the person’s shareholding in the proprietary company changes, the occupation by the person of a position of authority in the proprietary company has been approved by the licensing authority under section 33(5); and

(b)the person gives the licensing authority written notice of the change in the person’s shareholding within 14 days after the change occurs.

(4)If a person is convicted of an offence under subsection (1) in relation to a body corporate (including a proprietary company) that holds a licence, the body corporate is to be taken to have also committed an offence and is liable to the penalty provided for in that subsection.

[Section 102 amended by No. 73 of 2006 s. 70 and 110; No. 56 of 2010 s. 69.]

103.Owners of licensed premises to notify Director of certain matters

(1)A person who, within the meaning of this Act, becomes an owner of licensed premises shall give notice in writing to the Director of the interest acquired within 7 days of acquiring it, and shall in that notice set out full particulars of the full name and the address to which notices under this Act should be sent.

(2)An owner of licensed premises who changes from the address notified to the Director shall, within 7 days of the change, give notice of the change to the Director.

(3)A person who contravenes subsection (1) or (2) commits an offence.

Penalty: a fine of $2 000.

(4)Where a notice is required by this Act to be given to the owner of licensed premises, it may be given to the owner and address notified under subsection (1) in relation to those premises.

[Section 103 amended by No. 56 of 2010 s. 69.]

Division 3A — Responsible practices in selling, supplying and serving liquor

[Heading inserted by No. 73 of 2006 s. 71.]

103AA.Register of responsible practices’ training

(1)A licensee is to maintain a register on the licenced premises that records any details prescribed under section 103A(1)(b) (the Register).

(2)A record referred to in subsection (1) must be maintained on the Register —

(a)for a period of 4 years; or

(b)for the duration of the employment or engagement of a person by the licensee described in section 103A(1)(a).

(3)The Register may be kept in any way the licensee considers appropriate, including by electronic means.

(4)The licensee, or an employee of the licensee, must, at the request of an authorised officer, allow an authorised officer to —

(a)inspect the Register; and

(b)to take copies of, or extracts from, any part of it.

[Section 103AA inserted by No. 35 of 2015 s. 15.]

103A.Regulations about training people in responsible practices

(1)The regulations may —

(a)require persons, or persons of a specified class, who are —

(i)employed or engaged in the sale, supply or service of liquor on or from licensed premises; or

(ii)employed or engaged in the performance of other prescribed functions at licensed premises,

to complete successfully within a specified period a course of training or an assessment, approved by the Director, in responsible practices in the sale, supply and service of liquor; and

(b)for the purposes of paragraph (a) prescribe details in respect of that course of training or assessment and the persons employed or engaged as described in paragraph (a) who have successfully completed it; and

(c)provide for transitional arrangements for successfully completing that course of training or assessment that apply to persons who, immediately before the commencement of the Liquor and Gaming Legislation Amendment Act 2006 section 71, were employed or engaged as described in paragraph (a).

(2)Without limiting subsection (1), regulations made for the purposes of that subsection —

(a)may operate by reference to persons employed or engaged for the purposes of a specified class of licence; and

(b)may authorise the Director to approve exemptions from those regulations.

(3)Regulations made for the purposes of subsection (1)(a) do not apply to a person who is a licensee, an approved unrestricted manager or an approved restricted manager.

[Section 103A inserted by No. 73 of 2006 s. 71; amended by No. 56 of 2010 s. 25 and 50; No. 35 of 2015 s. 16.]

Division 4 — Profit sharing

104.Profit sharing etc. prohibited without approval

(1)Subject to this Act, if a licensee — 

(a)enters into partnership with another person in relation to the business carried on under the licence; or

(b)enters into any agreement or arrangement under which another person may participate in the proceeds of the business carried on under the licence; or

(c)remunerates another person by reference to the proceeds or profits obtained from the business carried on under the licence or by reference to the quantity of liquor sold,

the licensee and that other person each commit an offence.

Penalty: a fine of $10 000.

(2)Subsection (1) does not apply to or in relation to any agreement or arrangement in respect to — 

(a)an occasional licence, where it is authorised under section 59(3); or

(b)an extended trading permit, where it is approved under section 60(8); or

(ba)the provision of entertainment solely for juveniles on licensed premises or a part of licensed premises, where it is approved under section 126B(5); or

(c)the disbursement of profits or proceeds to a person in a position of authority in a body corporate that holds a licence,

or any other agreement or arrangement that is entered into with the approval of the licensing authority or is of a kind prescribed for the purpose of this subsection.

(3)The Director may — 

(a)on application by an interested person, approve an agreement or arrangement; or

(b)on application by the holder of a producer’s licence or wholesaler’s licence, approve an agreement or arrangement between that holder and a person who is to act as an unlicensed agent, where the Director is satisfied that the agent is a fit and proper person to so act, under which the agent is to be remunerated by reference to the quantity of liquor sold by the agent.

(3a)An agreement or arrangement approved under subsection (3) is of no effect to the extent that it purports —

(a)to authorise a person other than the licensee to conduct the business carried on under the licence; or

(b)to exclude, modify or restrict any requirement, responsibility or duty imposed on the licensee by or under this Act.

(4)This section does not prevent a licensed club from entering into a contract for the provision of services (not being for the sale or supply of liquor at the club) to, or for the benefit of, the members of the club, but the authorisation to sell liquor under the licence shall not be exercisable otherwise than through the members, officers or employees of the club.

[Section 104 amended by No. 12 of 1998 s. 73; No. 73 of 2006 s. 72, 92(2) and 110; No. 56 of 2010 s. 69.]

Division 5 — Lodgers

105.Persons deemed lodgers of licensed premises in some cases

[(1), (2)deleted]

(3)Where on the licensed premises no bedroom accommodation is available and other guest accommodation is provided there or on adjacent premises by or on behalf of the licensee in a location approved by the Director, a person so accommodated shall be deemed to be a lodger of the licensed premises.

[Section 105 amended by No. 23 of 2000 s. 7; No. 73 of 2006 s. 73 and 108.]

106.Liquor supplied to lodgers etc., conditions applying to

(1)It is a condition, subject to subsection (2), of any class of licence under which the sale of liquor to lodgers and other persons for consumption on the premises is authorised that — 

(a)the liquor shall not be supplied to, or consumed by, a juvenile; and

(b)there shall not be more than the number approved by the Director of adult guests of each lodger present at the time the liquor is consumed; and

(c)the liquor shall not be consumed, except either — 

(i)personally, by a lodger; or

(ii)by an adult guest of a lodger, in the presence of the lodger and at the expense of the lodger,

and if any requirement of that condition is contravened the licensee, any employee or agent of the licensee who committed or permitted the contravention, and the lodger each commit an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000;

(c)for a lodger, a fine of $2 000.

(2)Subsection (1)(b) and (c) shall not have effect at a time when the sale of liquor for consumption on the premises to persons other than a lodger is authorised.

(3)On any licence which authorised the sale of liquor only to lodgers for consumption on the premises, the licensing authority may impose a condition that — 

(a)allows up to 6 adult guests of each lodger to be present at the time the liquor is consumed; and

(b)the liquor shall not be consumed, except either — 

(i)personally by a lodger; or

(ii)by an adult guest of a lodger in the presence of the lodger and at the expense of the lodger.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000;

(c)for a lodger, a fine of $2 000.

[Section 106 amended by No. 12 of 1998 s. 74; No. 73 of 2006 s. 74 and 110; No. 56 of 2010 s. 51.]

107.Loss of lodger’s property, licensee’s liability for

A licensee is not liable, beyond such amount as may be prescribed, to a lodger for loss of or damage to the property of the lodger while the property is on the licensed premises, or premises to which section 105(3) applies, unless — 

(a)the property was lost or damaged due to the wilful act, default or neglect of the licensee or a person in the employment of the licensee; or

(b)the property was entrusted to the licensee expressly for safekeeping and the lodger complied with the requirements of the licensee with respect to safekeeping; or

(c)the licensee did not, at the time the lodger brought the property onto the licensed premises, have displayed, in a manner easily visible to potential lodgers, a notice indicating that liability for loss or damage to the property of a lodger may be limited to the prescribed amount.

Division 6 — The sale and consumption of liquor, etc.

108.Certain licensees to exhibit charges for meals and liquor

At a time when —

(a)a licensee is authorised to sell liquor only with or ancillary to a meal; or

(b)a licensee of a restaurant licence is authorised to sell liquor whether or not ancillary to a meal,

the licensee is to cause to be exhibited in the place where that liquor is sold, for the use of and clearly visible to customers, a price list showing the charges made for meals and for the various types of liquor supplied ancillary to meals or otherwise.

Penalty: a fine of $2 000.

[Section 108 inserted by No. 73 of 2006 s. 75; amended by No. 56 of 2010 s. 69.]

109. Sale of liquor, offences as to

(1)Subject to this Act, a person who, whether personally or by an employee or agent, sells any liquor commits an offence unless that person — 

(a)is the holder of a licence or permit — 

(i)the operation of which is not suspended; and

(ii)which authorises the sale;

or

(b)is an employee or an agent of a person so authorised, and is lawfully acting in that capacity,

or the sale is deemed to have been made under such a licence or permit.

Penalty: a fine of $20 000 and imprisonment for 2 years, but the minimum penalty is a fine of $2 000.

(2)Where liquor is sold in contravention of subsection (1) on any premises, every occupier of the premises who knowingly permits the offence may be charged with an offence of the same kind.

(3)A person who — 

(a)carries liquor about for the purpose of sale; or

(b)offers or exposes liquor for sale at or upon any place other than a place at or upon which liquor may lawfully be sold; or

(c)carries liquor, for the purpose of sale, to a place other than a place at or upon which liquor may lawfully be sold; or

(d)employs any person, or engages any person as an agent, so to do,

commits an offence.

Penalty: a fine of $10 000, but the minimum penalty is a fine of $1 000.

(4A)A licensee, or an employee or agent of a licensee (the seller), commits an offence if —

(a)the seller sells liquor to another person (the buyer) whom the seller reasonably believes, or ought reasonably to believe, intends to sell the liquor in contravention of subsection (1); and

(b)the buyer sells the liquor in contravention of subsection (1).

Penalty: a fine of $20 000 and imprisonment for 2 years, but the minimum penalty is a fine of $2 000.

(4)Where liquor is carried, offered or exposed by a person in contravention of subsection (3) and is so carried, offered or exposed on behalf of another person, that other person shall be deemed also to have contravened that subsection.

(5)It is a defence to a prosecution for a contravention of subsection (3) or (4) if it is proved that the liquor was carried, offered or exposed, as the case may be, for the purpose of a sale that may lawfully be made.

(6)In a prosecution for a contravention of subsection (3), the burden of proving that liquor that has been carried about, or carried to any place, was not so carried for the purpose of sale is on the person carrying it, unless — 

(a)the container or packaging is labelled in writing, on the outside, with the name and address of the vendor, of the purchaser and of any other person to whom the liquor is to be delivered; or

(b)those particulars and a description of, and the quantity of, the liquor is set out in an invoice or other document in the possession of the carrier and the invoice or other document is produced to an authorised officer, on demand.

(7)It is no defence to a charge of an offence under subsection (3) that the accused or the employer or principal of the accused is the holder of a licence or permit.

(8)Where a person is proved to have committed an offence against this section, any vehicle in which liquor concerned in that offence was carried may be seized, is liable to forfeiture, and may be dealt with as though it were a container to which section 113 applied.

[Section 109 amended by No. 84 of 2004 s. 80 and 82; No. 73 of 2006 s. 76 and 110; No. 56 of 2010 s. 52.]

110.Licensed premises and sports arenas, offences as to

(1)Where the licensee of licensed premises, or a person employed or engaged to perform any function in the business conducted under the licence or at the licensed premises — 

(a)sells liquor on or from the premises otherwise than as, and at the place, authorised under this Act; or

(aa)acts in any way that contravenes this Act or any term or condition of the licence or permit; or

(b)takes, or knowingly permits any other person to take, any liquor from the premises for the purpose of its being sold on account of, or for the profit or benefit of, the licensee with intent to evade the terms or conditions of any relevant licence, permit or certificate; or

(c)has on the premises without reasonable excuse any kind of liquor the sale of which the licence or permit does not authorise there,

that person commits an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000;

(c)for anyone else, a fine of $2 000.

(2)Where the licensee of any premises permits, whether personally or by an employee or agent, liquor sold there to be consumed by persons — 

(a)to whom the licensee is not authorised by the licence to sell the liquor for consumption there; or

(b)for whose consumption there the licensee is not authorised by the licence to sell the liquor to any other person; or

(c)during permitted hours, but in circumstances not otherwise authorised,

without reasonable excuse, the licensee, and the employee or agent concerned, commits an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000.

(3)Where a person takes, or is permitted by the licensee or an employee or agent of the licensee to take, liquor from licensed premises or premises deemed to be licensed premises, if the licensee is not authorised by the licence to sell that liquor to that person for consumption off those premises, the person, and the licensee, employee or agent concerned, commits an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000;

(c)for anyone else, a fine of $2 000.

(4AA)Subsection (3) does not apply if —

(a)a person takes liquor from premises to adjacent premises; and

(b)both premises are licensed, or deemed to be licensed, in the name of the licensee.

(4A)A person attending a public event at a sports arena commits an offence if, without the consent of the licensee, the person —

(a)brings into the sports arena; or

(b)attempts to bring into the sports arena; or

(c)has in his or her possession or control; or

(d)consumes,

any liquor that was not purchased in the sports arena while it was open for the purpose of holding or conducting that public event.

Penalty: a fine of $2 000.

(4B)In subsection (4A) —

public event means —

(a)any event, including any game or sport, that is held or conducted for public exhibition; or

(b)any —

(i)training session, practice or rehearsal; or

(ii)promotional or advertising event, press conference, preview or similar activity,

that is held or conducted for purposes other than public exhibition but which is open to the public;

sports arena means a sports arena, ground or stadium —

(a)all or part of which is licensed premises; and

(b)that is prescribed for the purposes of this definition.

(4)A person who obtains or attempts to obtain liquor from a licensee or the employee or agent of a licensee otherwise than in a manner or quantity authorised under this Act commits an offence.

(5)A person who is on any premises for the purpose of purchasing or consuming liquor in contravention of subsection (2) or (4) commits an offence.

Penalty: a fine of $2 000.

(6)Where a licence authorises — 

(a)the sale of liquor for consumption on the licensed premises ancillary to a meal provided by the licensee; or

(b)the consumption of liquor on the licensed premises ancillary to a meal provided by the licensee,

then, notwithstanding any other provision of this Act, it is lawful for a person — 

(c)to bring liquor onto the licensed premises, with the consent of the licensee, intending to consume it ancillary to a meal provided by the licensee on the licensed premises; and

(d)subsequently to take the unconsumed portion of the liquor from the licensed premises.

(6A)If, under a licence, wine is sold to a person (the purchaser) for consumption on the licensed premises ancillary to a meal provided by the licensee, then, despite any other provision of this Act, it is lawful for the purchaser subsequently to take from the licensed premises any opened container of the wine if its contents have been partially consumed.

(7)A licensee, or the employee or agent of a licensee, who — 

(a)is drunk on the licensed premises; or

(b)sells or supplies, or causes or permits to be sold or supplied, or keeps on the licensed premises, any liquor under a false or fictitious trade name, brand or description,

commits an offence.

Penalty: a fine of $10 000.

[Section 110 amended by No. 12 of 1998 s. 76; No. 73 of 2006 s. 77 and 110; No. 56 of 2010 s. 53 and 69; No. 35 of 2015 s. 17; No. 9 of 2018 s. 54.]

111.Trading outside permitted hours, offences as to

(1)Where a licensee, except during permitted hours — 

(a)on or from licensed premises sells or otherwise makes available, whether personally or by an employee or agent, any liquor to any other person, whether consumed or to be consumed on or off the premises; or

(b)whether personally or by an employee or agent, permits liquor to be consumed on the licensed premises,

that licensee, and the employee or agent concerned, commits an offence, unless section 112 applies.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000.

(2)Subject to this Division, where at a particular time a licensee is not authorised to sell liquor to a particular person if that person then — 

(a)purchases or consumes liquor, or is in possession of liquor, on the licensed premises; or

(b)takes liquor from the licensed premises,

that person commits an offence.

Penalty: a fine of $2 000.

(2a)To avoid doubt, an act referred to in this section constitutes an offence if done while a licence is suspended.

(3)For the purposes of this Act, evidence that a person was on licensed premises or took liquor from licensed premises at a time when the licensee was not authorised to sell liquor to that person shall, in any proceedings relating to an offence under this Act, be evidence that the person was there for the purpose of purchasing or consuming liquor without proof of actual purchase or consumption and the burden of proving that this section was not contravened shall be upon that person.

[Section 111 amended by No. 12 of 1998 s. 77; No. 73 of 2006 s. 110; No. 56 of 2010 s. 54 and 69.]

112.Exceptions to s. 109, 110 and 111

(1)Sections 109, 110 and 111 do not prohibit or restrict — 

(a)where any liquor was sold on licensed premises during the permitted hours — 

(i)during the first 30 minutes after the end of those hours, or of any period forming part of those hours, the possession or consumption of that liquor on the premises, or, the taking away of that liquor if it is packaged liquor;

(ii)during the first 30 minutes after the end of those hours, or of any period forming part of those hours, the possession and consumption of the liquor supplied as an ancillary to the meal, by persons taking a meal there;

or

(b)the possession or consumption by any person of liquor on premises where the person resides; or

(c)the consumption, on licensed premises by a guest of a lodger, of liquor supplied in the presence, and at the expense, of the lodger; or

(d)as regards licensed premises — 

(i)the taking of liquor from the premises by a person who resides there; or

(ii)the supply of liquor to a person (not being a lodger) who resides, or carries on or is in charge of the business, there, or the possession or consumption of liquor supplied at the expense of that person in a private room reserved for the personal use of that person by any members of the family or private guests of that person; or

(iii)the supply of liquor for consumption there, to persons employed for the purpose of the business carried on under the licence, at the expense of their employer or a person carrying on or in charge of the business there, or the possession or consumption of the liquor so supplied,

but the burden of proving that this paragraph applies lies on the person charged with the offence.

(2)It is a defence to a charge of an offence that liquor was sold or supplied to a person in contravention of section 109, 110 or 111, in circumstances in which the sale or supply would have been authorised had the liquor been consumed ancillary to a meal, that the person selling or supplying the liquor concerned reasonably believed that the person to whom the liquor was sold or supplied was to be supplied by the licensee with, and would eat, a meal.

[Section 112 amended by No. 12 of 1998 s. 78; No. 84 of 2004 s. 80; No. 9 of 2018 s. 55.]

113.Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor

(1)A person who is charged with an offence under section 109, 110 or 111 may in the same proceedings be found, for the purposes of this Act, to have unlawfully dealt in liquor.

(2)Where in any proceedings under this Act a person is found to have unlawfully dealt in liquor the court by or before which that person is convicted may declare all, or any specified part, of the liquor found in the possession of the offender, and the containers and packaging, to be forfeited.

[Section 113 amended by No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 59 of 2006 s. 54; No. 77 of 2006 s. 4.]

113A.Websites of some licensees, information to be displayed on

Where —

(a)an internet website is maintained by or on behalf of a licensee for the purpose of advertising, promoting or otherwise facilitating the business carried on under the licence; and

(b)the licence is of a prescribed class,

the licensee is to include on the website any information prescribed in respect of a licence of that class.

Penalty: a fine of $5 000.

[Section 113A inserted by No. 73 of 2006 s. 78; amended by No. 56 of 2010 s. 69.]

114.Closure of licensed premises, police powers as to

(1)Where a member of the Police Force for the time being on duty at any place has reasonable grounds for believing that at or in the vicinity of that place — 

(a)civil disorder, a breach of the peace or a threat to public safety is occurring or is likely to occur; and

(b)in the interests of maintaining the peace or ensuring public safety it is or may be desirable that licensed premises be closed,

that person may require the licensee, or an employee or agent of the licensee, to close the licensed premises or a part of those premises, or to cease the sale, supply or consumption of liquor (including the sale of packaged liquor) on or from the premises or a part of the premises, for a specified period or until further notice, and a person who, without reasonable cause, contravenes a requirement so made commits an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000.

(2)It is not an offence against subsection (1) for a licensee, or the employee or agent of a licensee, to permit a lodger, or a person having lawful business (other than the purchase or obtaining of liquor) to conduct on the premises, to enter the premises if liquor is not supplied to that lodger or other person.

(3)On the orders of the member of the Police Force making a requirement in relation to licensed premises under subsection (1), a person may use such force as may be reasonably necessary to ensure compliance with the requirement.

[Section 114 amended by No. 12 of 1998 s. 79; No. 73 of 2006 s. 79, 109 and 110; No. 56 of 2010 s. 55.]

115.Drunk etc. people, offences as to, refusal of entry to etc.

(1)Where a licensee, whether personally or by an employee or agent — 

(a)permits — 

(i)drunkenness; or

(ii)violent, quarrelsome, disorderly or indecent behaviour,

to take place on the licensed premises; or

(b)permits any reputed thief, prostitute or supplier of unlawful drugs to remain on the licensed premises; or

(c)permits or suffers to be conducted on the licensed premises any gaming or betting which contravenes section 110(1) of the Gaming and Wagering Commission Act 1987 or any other activity which contravenes a provision of another written law,

that licensee, and the employee or agent concerned, commits an offence.

Penalty for this subsection:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000.

(2)A person shall not, on licensed premises or regulated premises — 

(a)sell or supply liquor, or cause or permit liquor to be sold or supplied, to a drunk person; or

(b)allow or permit a drunk person to consume liquor; or

(c)obtain or attempt to obtain liquor for consumption by a drunk person; or

(d)aid a drunk person in obtaining or consuming liquor.

Penalty for this subsection:

(a)for an offence on licensed premises —

(i)for the licensee or a manager, a fine of $10 000;

(ii)for an employee or agent, a fine of $4 000;

(iii)for anyone else, a fine of $2 000;

(b)for an offence on regulated premises —

(i)for the owner of the regulated premises, a fine of $10 000;

(ii)for anyone else, a fine of $2 000.

(3)It is a defence to a charge of an offence against subsection (2)(a) of selling or supplying liquor to a drunk person to show that the person charged was instructed by the licensee, a manager or another person in a position of authority in relation to the person charged to sell or supply the liquor to the drunk person.

(4)If subsection (4a) applies to a person —

(a)an authorised person may refuse the person entry to the licensed premises or a part of the premises; or

(b)an authorised person may require the person to leave the licensed premises or a part of the premises; or

(c)if the requirement under paragraph (b) is not complied with — an authorised person, or any other person on the request of an authorised person, may remove the person from the licensed premises or a part of the premises using such force as may be reasonably necessary; or

(d)an authorised person may refuse to sell liquor to the person.

(4a)This subsection applies to a person who —

(a)is or appears to be drunk; or

(b)is behaving in an offensive manner; or

(c)is not dressed in conformity with the licensee’s requirements for a standard of dress, being requirements —

(i)that were at the relevant time reasonable in the circumstances; and

(ii)notice of which had been conspicuously displayed at each entrance to any part of the premises where the requirements were to be complied with;

or

(d)is a person who the authorised person has reasonable cause to believe —

(i)cannot or will not pay; or

(ii)is or is known to be quarrelsome or disorderly; or

(iii)is seeking to obtain liquor by begging;

or

(e)is or is known to be, or is an associate of, a reputed thief, prostitute, supplier of unlawful drugs, or person convicted of an offence involving unlawful drugs or violence that is punishable by a term of imprisonment exceeding 3 years; or

(f)is or appears to be a person whose presence, or to whom the provision of service, on the licensed premises will occasion the licensee to commit an offence under this Act; or

(g)seeks to enter or enters or remains on the licensed premises at a time when they are closed or are required under this Act to be closed; or

(h)requests service on a part of the premises —

(i)where the licensee is not authorised to provide the service requested; or

(ii)set aside for the purposes of a private function.

(4B)A person commits an offence if the person does not leave licensed premises or a part of licensed premises after being required under subsection (4)(b) to do so.

Penalty for this subsection: a fine of $5 000.

(5)A person commits an offence if the person —

(a)obtains or attempts to obtain liquor from a licensee or the employee or agent of a licensee by falsely pretending, or representing, that he or she is a lodger of the premises or is there for the purpose of taking a meal or has taken a meal there; or

(b)without lawful excuse, the burden of proof of which lies on that person, enters licensed premises at a time when they are closed or are required under this Act to be closed.

[(c)deleted]

Penalty for this subsection: a fine of $2 000.

(6)A person who —

(a)under this section —

(i)has been refused entry to; or

(ii)has been required to leave and has left, or been removed from,

licensed premises; and

(b)remains —

(i)on any footpath; or

(ii)in any area subject to the control or management of the licensee,

that is adjacent to the licensed premises,

commits an offence.

Penalty for this subsection: a fine of $5 000.

(7)A person who re‑enters premises within 24 hours of being refused entry to, required to leave, or being removed from, those premises under this section — 

(a)commits an offence; and

(b)any other person, on the request of the licensee or a manager of the premises, may remove the person who re‑entered the premises from those premises using such force as may be reasonably necessary.

Penalty for this subsection: a fine of $2 000.

(8)A member of the Police Force may, and on request by an authorised person shall, prevent entry by, or remove, any person who, under this Act, has been refused entry to, or is liable to be removed from, licensed or regulated premises.

(9)This section does not limit any other right to refuse a person entry to premises or to remove a person from premises.

[Section 115 amended by No. 12 of 1998 s. 80; No. 35 of 2003 s. 173(3); No. 73 of 2006 s. 80, 109 and 110; No. 56 of 2010 s. 25, 56 and 69; No. 9 of 2018 s. 56.]

115AA.Banning people from licensed premises, Commissioner of Police’s power for

(1)In this section —

specified means specified in a notice under this section.

(2)The Commissioner of Police may give a notice to a person prohibiting the person from entering specified licensed premises, or a specified class of licensed premises, if the Commissioner believes, on reasonable grounds, that the person has, on licensed premises or in the vicinity of licensed premises —

(a)been violent or disorderly; or

(b)engaged in indecent behaviour; or

(c)contravened a provision of any written law.

(3)The notice is to be in a form approved by the Director.

(4)The notice has effect from the day the notice is given to the person until the earliest of —

(a)a specified day; or

(b)if the notice is revoked under subsection (7) — the day that the notice of revocation is given to the person; or

(c)if the decision to give the notice is quashed by the Commission under section 115AD — the day that a copy of the Commission’s decision is given to the person.

(5)The specified day cannot be more than 12 months after the day on which the notice is served.

(6)Except as provided in subsection (7A), a person who enters premises contrary to a notice under subsection (2) commits an offence.

Penalty: a fine of $10 000.

(7A)A person does not commit an offence under subsection (6) if the person enters the premises solely for the purpose of performing duties relating to the person’s work.

(7B)The reference in subsection (7A) to performing duties relating to the person’s work does not include attending a function associated with the person’s work that is held on the premises.

(7)The Commissioner of Police may revoke a notice under subsection (2) by giving to the person a notice of revocation.

(8)The notice of revocation is to be in a form approved by the Director.

[Section 115AA inserted by No. 56 of 2010 s. 30; amended by No. 9 of 2018 s. 57.]

115AB.Delegation by Commissioner of Police

(1)The Commissioner of Police may delegate the Commissioner’s functions under section 115AA to a member of the Police Force of or above the rank of Inspector.

(2)The delegation must be in writing signed by the Commissioner of Police.

(3)A person to whom the duty is delegated under this section cannot delegate that duty.

(4)A person performing the duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)Nothing in this section limits the ability of the Commissioner of Police to perform the duty through an officer or agent.

[Section 115AB inserted by No. 56 of 2010 s. 30.]

115AC.Publication of details of people banned under s. 115AA

(1A)In this section —

secure webpage means a page on a website that is accessible only by —

(a)the licensee or occupier of licensed premises; or

(b)a manager of licensed premises; or

(c)a prescribed person or class of persons or a person in a prescribed circumstance.

(1)The Commissioner of Police must publish on a secure webpage all of the following in relation to a person to whom a notice under section 115AA is given —

(a)the name and date of birth of the person;

(b)a photograph of the person (if any is in the possession of the Commissioner);

(c)the address of the person;

(d)the licensed premises, or class of licensed premises, in relation to which the notice relates.

(2)Subsection (1) does not permit the publication of anything that identifies, or is capable of identifying —

(a)a child other than the person to whom the notice is given; or

(b)the details of any offence of which the person was convicted in the Children’s Court.

(3)Except as provided in subsection (4), a person who discloses something that has been published under subsection (1) commits an offence.

Penalty: a fine of $10 000.

(4)A licensee or manager of licensed premises does not commit an offence under subsection (3) if —

(a)he or she discloses information published under subsection (1) to a responsible person in relation to those premises; and

(b)the disclosure is made for the purposes of enabling the responsible person to perform duties relating to the person’s work on the licensed premises.

[Section 115AC inserted by No. 56 of 2010 s. 30; amended by No. 9 of 2018 s. 58.]

115AD.Review of s. 115AA notices

(1)In this section —

notice means a notice under section 115AA(2).

(2)This section applies if —

(a)a notice is given to a person in respect of licensed premises; and

(b)the notice —

(i)has effect for one month or more; or

(ii)has effect for any shorter period that, when added to the period of any notice previously given to the person in respect of the premises or premises of the particular class (as the case requires), results in the person being prohibited from those premises or that class of premises for a period of more than one month in any 12 month period.

(3)Subject to subsection (4), where the person is dissatisfied with the decision of the Commissioner of Police to give the notice, the person may apply to the Commission for a review of that decision.

(4)An application under subsection (3) must be made within a month after the applicant is served with the notice or such longer period as the Commission may allow.

(5)The application must be —

(a)made in a manner and form approved by the Commission; and

(b)accompanied by the prescribed fee, if any.

(6)When conducting a review of the decision, the Commission may have regard to —

(a)the material that was before the Commissioner of Police when making the decision; and

(b)any information or document provided by the applicant.

(7)On a review under this section, the Commission may affirm, vary or quash the decision subject to the review.

(8)The notice remains in force during the period of the review of the decision to give that notice.

[Section 115AD inserted by No. 56 of 2010 s. 30.]

115AE.Permitting entry to premises contrary to s. 115AA notice

(1)Subject to subsection (2), a responsible person in relation to licensed premises commits an offence if the responsible person —

(a)knows that a notice under section 115AA(2) has been given to a person in respect of the premises; and

(b)permits the person to enter or remain on the premises contrary to the notice.

Penalty for this subsection: a fine of $10 000.

(2)A responsible person in relation to licensed premises does not commit an offence under subsection (1) if the responsible person permits the person to enter or remain on the premises solely for the purpose of performing duties relating to the person’s work.

(3)The reference in subsection (2) to performing duties relating to the person’s work does not include attending a function associated with the person’s work that is held on the premises.

[Section 115AE inserted by No. 56 of 2010 s. 30; amended by No. 9 of 2018 s. 59.]

115A.Drinking water to be provided free at certain licensed premises

(1)Subsection (2) applies to licensed premises at which liquor is authorised to be sold under the licence for consumption on the premises.

(2)The licensee of any licensed premises to which this subsection applies must ensure that water suitable for drinking is provided, free of charge, at all times when liquor is sold for consumption on the premises.

Penalty:

(a)for the licensee, a fine of $10 000;

(b)for a manager, a fine of $4 000.

[Section 115A inserted by No. 73 of 2006 s. 81; amended by No. 56 of 2010 s. 57.]

116.Documents to be displayed etc. at premises and produced

(1)Unless the Director otherwise approves, a licensee must cause a copy of the following documents to be kept on the licensed premises at all times —

(a)the licence;

(b)any permit that relates to the licence;

(c)the plans of the premises as approved by the licensing authority showing the definition of the premises.

Penalty: a fine of $2 000.

(2A)Unless the Director otherwise approves, a licensee of a cellar door permit must cause a copy of the plans described in subsection (1)(c) to be kept on the premises to which the permit applies at all times.

Penalty: a fine of $2 000.

(2)The licensee or a manager of the licensed premises shall, if so required by an authorised officer, produce for inspection a copy of the licence or of any other documents referred to in subsection (1).

Penalty: a fine of $2 000.

(3)A person shall not carry on business for which a licence is required under any name other than that of the licensee unless the Director has approved the use of the name.

Penalty: a fine of $2 000.

(4)A licensee shall cause to be displayed in a readily legible condition and in a conspicuous position in the licensed premises —

(a)a copy of the licence; and

(b)if section 100(2a) applies in relation to the premises — a notice displaying the name of each person who is supervising and managing the premises and identifying every such person as a manager.

Penalty: a fine of $2 000.

(5A)The notice required by subsection (4)(b) may be combined with the notice required by subsection (5).

(5)A licensee, other than the holder of an occasional licence or a licensee of a cellar door permit, must cause a notice in a form approved by the Director to be displayed in a readily legible condition and in a conspicuous position at or near the front entrance to the licensed premises, showing — 

(a)any name approved under subsection (3);

(b)the class of the licence;

(c)the name of the licensee, followed by the word “Licensee”,

unless the Director otherwise approves.

Penalty: a fine of $2 000.

(6)The regulations may prescribe any additional matters relating to the display of, or the production of, documents by a licensee of a cellar door permit.

[Section 116 inserted by No. 12 of 1998 s. 81; amended by No. 73 of 2006 s. 82 and 110; No. 56 of 2010 s. 18, 25, 58 and 69; No. 35 of 2015 s. 18.]

116A.Register of incidents at licensed premises to be maintained

(1)A licensee must maintain a register on the licensed premises of the incidents, of the prescribed kind, that take place at the licensed premises.

Penalty: a fine of $5 000.

(2)The register is to be maintained in a form acceptable to the Director and is to contain the prescribed information.

(3A)The record of an incident referred to in subsection (1) must be maintained on the Register for a period of 4 years.

(3B)The Register may be kept in any way the licensee considers appropriate, including by electronic means.

(3)A licensee, or the employee or agent of a licensee, must, at the request of an authorised officer —

(a)make the Register available for inspection by the authorised officer; and

(b)allow the authorised officer to take copies of, or extracts from, any part of the Register.

Penalty: a fine of $5 000.

[Section 116A inserted by No. 73 of 2006 s. 83; amended by No. 56 of 2010 s. 59 and 69; No. 35 of 2015 s. 19.]

Division 7 — Complaints to Director

[Heading inserted by No. 73 of 2006 s. 84.]

117.Noise or behaviour related to licensed premises, complaints about

(1)A complaint in writing may be lodged with the Director alleging — 

(a)that the amenity, quiet or good order of the neighbourhood of the licensed premises is frequently unduly disturbed by reason of any activity occurring at the licensed premises; or

(b)that any — 

(i)behaviour of persons on the licensed premises; or

(ii)noise emanating from the licensed premises; or

(iii)disorderly conduct occurring frequently in the vicinity of the licensed premises on the part of persons who have resorted to the licensed premises,

is unduly offensive, annoying, disturbing or inconvenient to persons who reside or work in the vicinity, or to persons in or making their way to or from a place of public worship, hospital or school.

(2)A complaint under subsection (1) may be lodged by — 

(a)the Commissioner of Police; or

(b)the local government of the district in which the licensed premises are situated, or of any other district adjacent to the licensed premises and appearing to the Director to have an interest in the amenity, quiet or good order of the neighbourhood of the licensed premises; or

(c)a government agency or statutory authority; or

(d)a person claiming to be adversely affected by the subject matter of that complaint who — 

(i)resides, works or worships; or

(ii)attends, or is a parent of a child who attends, a school; or

(iii)attends, or is a patient in, a hospital,

in the vicinity of the licensed premises concerned.

(2a)If a complaint is lodged by a person referred to in subsection (2)(d), the complaint is to be signed, unless the Director otherwise approves, by 3 unrelated adults (including the complainant).

(2b)In subsection (2a) —

3 unrelated adults means 3 adults each of whom —

(a)resides at different residential premises; and

(b)is not —

(i)a child; or

(ii)a parent; or

(iii)a brother or sister; or

(iv)an aunt or uncle; or

(v)a spouse or former spouse; or

(vi)a de facto partner or former de facto partner,

of either of the other 2 adults.

(3)The Director shall give notice of each complaint lodged to the licensee of the licensed premises with respect to which the complaint is made.

(3a)When a complaint is lodged with the Director under subsection (1), the Director is to attempt to settle the matter by conciliation or negotiation.

(3b)If the Director determines at any stage of the proceedings under this section that the complaint is frivolous or vexatious, the Director is to dismiss the complaint.

(4)If the matter referred to in a complaint is not settled by conciliation or negotiation, the Director is to give the complainant, the licensee and any other person appearing to the Director to have a relevant interest in the matter a reasonable opportunity to be heard or to make submissions.

(4a)Having complied with subsection (4), the Director —

(a)subject to subsection (4c), may determine the matter; and

(b)if of the opinion that the allegation in the complaint is established on the balance of probabilities and that the licensee has failed to show cause why an order should not be made under this section — may make an order under this section,

but otherwise the Director is to dismiss the complaint.

(4b)Without limiting the matters that the Director may have regard to when making a determination under subsection (4a), the Director may have regard to —

(a)any alteration, including any structural change, made —

(i)to the licensed premises; or

(ii)if the complainant is a person referred to in subsection (2)(d) — to any relevant premises where the complainant (or, if subsection (2)(d)(ii) applies, the complainant’s child) resides, works, worships, attends or is a patient;

and

(b)any changes that have taken place over time to the activities that take place on the licensed premises; and

(c)the kind of business conducted under the licence and how that business is managed; and

(d)if the complainant is a person referred to in subsection (2)(d) — whether the complainant (or, if subsection (2)(d)(ii) applies, the complainant’s child) began to reside, work, worship, attend or be a patient at any relevant premises before or after the licensee began to conduct business at the licensed premises; and

(e)any provision of the Environmental Protection Act 1986, or of any regulations made under that Act, that is relevant to the subject matter of the complaint.

(4c)The Director —

(a)may defer making a determination under subsection (4a) for any period the Director considers appropriate; and

(b)may make an interim order that has effect for that period for any purpose for which an order may be made under subsection (5).

(5)For the purposes of this section, whether pursuant to conciliation or negotiation or by way of an order, the Director may — 

(a)vary the existing conditions of the licence; or

(b)redefine, or redesignate a part of, the licensed premises; or

(c)prohibit the licensee from providing entertainment or any other activity of a kind specified by the Director during a period specified by the Director or otherwise than in circumstances specified by the Director, and impose that prohibition as a condition to which the licence is to be subject; or

(d)otherwise deal with the matter in such a manner as is likely, in the opinion of the Director, to resolve the subject matter of the complaint.

(6)Where, under section 25, a determination made by the Director under this section is to be reviewed by the Commission — 

(a)effect shall be given to any determination made by the Director; and

(b)any order made, or other action taken, by the Director under subsection (5) remains in force until revoked by the Director or quashed by the Commission,

unless the Commission, by way of interim order, otherwise directs.

(7)A licensee who contravenes an order made under this section commits an offence.

Penalty: a fine of $10 000.

[Section 117 amended by No. 14 of 1996 s. 4; No. 12 of 1998 s. 82; No. 73 of 2006 s. 85, 106 and 110; No. 56 of 2010 s. 69.]

Division 8 — Liquor on unlicensed premises

118.Persons purporting to be licensee

(1)Where a person, otherwise than as an employee or agent of another person authorised by a licence or permit so to do, sells or permits the sale of any liquor on premises where that person carries on business as though that person were the licensee, being premises — 

(a)which are licensed premises; or

(b)of which that person purports to be the licensee; or

(c)in respect to which that person alleges a licence was transferred; or

(d)to which a purported authorisation conferred by section 86 applies,

that person is liable for any contravention of this Act occurring in the course of the conduct of the business carried on as though that person were a licensee of the premises.

(2)Where a person is to be deemed under subsection (1) to be liable as though that person were a licensee of any premises, any power conferred or duty imposed by this Act may be exercised in relation to — 

(a)that person as though the person were a licensee of those premises; or

(b)those premises, as though the premises were licensed premises.

(3)A person who, not being the holder of a licence, keeps up any notice, advertisement, sign or mark, on or near any premises, implying or giving reasonable cause to believe that the premises are licensed for the sale or supply of liquor or that liquor is sold or supplied there, commits an offence.

Penalty: a fine of $2 000.

(4)It shall not be a defence to a prosecution for an offence relating to the sale of liquor for a person to allege that a licence purporting to authorise the sale was transferred to that person unless the licensing authority has notified that person that approval to the transfer of the licence to that person has been granted.

[Section 118 amended by No. 73 of 2006 s. 110; No. 56 of 2010 s. 69.]

119.Unlicensed premises etc., offences as to

(1)A person who consumes liquor in any place or on any premises, including any park or reserve, without the consent of the occupier, or of the person or authority having control, of that place or those premises commits an offence.

Penalty: a fine of $2 000.

(2)Subject to subsection (3), a person who — 

(a)brings liquor into; or

(b)has in his or her possession or control any liquor in; or

(c)consumes liquor in,

any sports ground or stadium, whether or not enclosed or fenced, during a period commencing one hour before and ending one half‑hour after the holding or conduct of any event, including any sport or game, for public exhibition, commits an offence.

Penalty: a fine of $2 000.

(3)Subsection (2) does not apply to or in relation to — 

(a)an event in which the participants take part for their own recreation and not by way of public exhibition; or

(b)liquor the possession and sale of which is authorised by a licence or permit under this Act; or

(c)persons attending a private function, not open to the public, at which liquor is supplied without charge; or

(d)any area within the ground or stadium to which the public is not permitted to have access, in so far as the consumption of liquor there is with the consent of the person or authority having control of that area.

(4)Except where exempted in regulations under section 6(1)(o) or where the supply of that liquor was authorised by a licence or permit under this Act and the place where the liquor is consumed is for the time being a place to which that licence or permit applies, a person who consumes liquor — 

(a)on a road as defined in the Road Traffic (Administration) Act 2008 section 4; or

(b)within 400 m of any public hall during the conduct of any entertainment in that hall to which the public is permitted to have access; or

(c)in any place or on any premises to which the public is permitted to have access, whether on payment of a charge or otherwise, which is a place or premises prescribed for the purposes of this subsection,

commits an offence.

Penalty: a fine of $2 000.

(5)Where a person — 

(a)is the occupier of, a manager of, or a person who has the control of, any place or premises to which subsection (2) or (4)(c) applies; or

(ba)is in charge of a vehicle on a road referred to in subsection (4)(a); or

(b)is employed by, or the agent of, a person referred to in paragraph (a) or (ba),

and permits or suffers any other person to contravene that subsection, the person commits an offence.

Penalty: a fine of $2 000.

(6)It is not a defence to a charge of an offence against this section that the liquor was in, or was consumed in or upon, a vehicle.

(7)Where a person is the occupier or has or takes part in the care, management, or control of any unlicensed premises (other than a place or premises to which subsection (2) or (3) applies) and allows those premises to be kept or used as a place of resort for the consumption of liquor, the person commits an offence.

Penalty: a fine of $2 000.

(8)Subsection (7) does not apply to the consumption of liquor — 

(a)by a person on any premises on which that person resides, whether that person is the occupier of the premises or not; or

(b)which is supplied to a person by way of gift, or as a guest of, a person who resides on the premises on which the liquor is consumed.

(9)For the purposes of subsection (7), a person who acts as, or as if he or she were, an occupier or a person having any part in the care, management, or control of any premises shall be deemed to be an occupier of the premises, but without affecting the liability of any other person.

(10)For the purposes of subsection (7), premises may be deemed to be kept or used as a place of resort for the consumption of liquor even though they are open only for the use of particular persons or particular classes of persons, and not to all persons who wish to use them.

(11)A person who, not being a member of the Police Force in the execution of his or her duty, is found on any unlicensed premises kept or used in contravention of subsection (7) commits an offence and may be arrested.

Penalty: a fine of $2 000.

(12)It is a defence to a charge under subsection (11) if the accused proves that he or she — 

(a)was present on the premises for a lawful purpose; and

(b)neither took part nor intended to take part in any unlawful sale, supply, or consumption of liquor.

[Section 119 amended by No. 84 of 2004 s. 80 and 82; No. 73 of 2006 s. 86 and 110; No. 56 of 2010 s. 25, 60 and 69; No. 8 of 2012 s. 119.]

Division 8A — Conduct of unapproved businesses on or from licensed premises

[Heading inserted by No. 73 of 2006 s. 87.]

119A.Non-liquor businesses on licensed premises, conduct of requires approval

(1)In this section —

non‑liquor business on licensed premises means a business, other than a business conducted under a licence or a prescribed business, conducted on or from licensed premises.

(2)The licensing authority may, on an application by a person under subsection (3), give approval to the person to conduct a non‑liquor business on licensed premises.

(3)The application for the approval must —

(a)be made in a form approved by the licensing authority; and

(b)be accompanied by the prescribed fee; and

(c)be supported by any further or other documentation or information that the licensing authority may require.

(4)A person who conducts a non‑liquor business on licensed premises without the approval commits an offence.

Penalty:

(a)for the licensee, a fine of $10 000;

(b)for anyone else, a fine of $4 000.

(5)A licensee who causes or permits another person to conduct a non‑liquor business on licensed premises without the approval commits an offence.

Penalty: a fine of $10 000.

[Section 119A inserted by No. 56 of 2010 s. 61.]

Division 9 — Juveniles

120.When juveniles permitted on licensed premises

(1)This Division does not prohibit juveniles from being permitted entry to, or remaining on, a place where the sale or supply of liquor is authorised if — 

(a)the place is on premises to which a club licence applies and the presence of the juvenile in question — 

(i)does not contravene the rules of the club; and

(ii)is permitted, expressly or by implication, by the committee of the club; and

(iii)does not contravene a condition of the licence;

or

(b)the juvenile is — 

(i)a member of the family of the licensee or occupier or a manager of the premises or of a person employed on the premises, and resides there; or

(ii)a member of the family of a lodger of the premises;

or

(c)the place is — 

(i)for the time being used under an occasional licence for the purposes of a reception; or

(ii)on premises to which a special facility licence applies authorising their use as a reception centre; or

(iii)on premises to which a restaurant licence applies, or is a part of any premises set apart primarily for the supply of meals (being a place not used for the sale or supply of liquor otherwise than ancillary to a meal supplied there),

if the juvenile is accompanied by, and under the supervision of, a responsible adult or, where subparagraph (iii) applies, the juvenile is present for the purpose of obtaining a meal; or

(d)the place is on premises to which a special facility licence applies authorising the sale of liquor to passengers of private or public transport or persons accompanying or awaiting travellers; or

(e)the place is on a part of licensed premises or of regulated premises which, on application by an authorised person, the Director has for the time being approved for the purposes of this subsection, where no condition to which that approval is subject is contravened; or

(f)the juvenile is present only for the purpose of carrying on a lawful business, and does not consume liquor, even if that place has for the time being been declared to be out of bounds to juveniles,

and the provisions of this Division shall be construed accordingly.

(2)This Division does not prohibit a juvenile from being in a place where the sale or supply of liquor is authorised if the juvenile is there solely for the purpose of passing to or from some part of the premises where — 

(a)liquor is not authorised to be sold or supplied; or

(b)the juvenile is not prohibited from being present,

and to and from which there is no other convenient means of passage.

[Section 120 amended by No. 56 of 2010 s. 25; No. 9 of 2018 s. 60.]

121.Licensed premises, offences as to juveniles

(1)Subject to this Act, where liquor is sold or supplied to a juvenile on licensed premises — 

(a)the licensee; and

(b)any manager who is supervising and managing the licensed premises at the time the liquor is sold or supplied; and

(c)any other person by whom the liquor is sold or supplied; and

(d)any person who permits the sale or supply,

each commit an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for the sale or supply by any other person, a fine of $4 000;

(c)for anyone else, a fine of $2 000.

(2)A licensee, and any other person by whom liquor is sold or supplied there, who permits a juvenile to consume liquor on the licensed premises, whether or not that liquor was sold or supplied there, commits an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for anyone else, a fine of $4 000.

(3)Where a person, acting at the request of a juvenile on licensed premises, purchases or obtains liquor on behalf of the juvenile on licensed premises, that person and the juvenile each commit an offence.

Penalty: a fine of $2 000.

(4)Subject to subsection (5), where a juvenile enters or remains on any part of the licensed premises — 

(a)the licensee; and

(b)any employee or agent of the licensee who permits the juvenile to enter or remain on that part of the premises; and

(c)the juvenile,

each commit an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000;

(c)for a juvenile, a fine of $2 000.

(5)Subsection (4) does not apply — 

(a)to a juvenile who is — 

(i)accompanied by, and under the supervision of, a responsible adult; or

(ii)on the premises for the purpose of obtaining a meal;

or

(b)to the presence on a part of the licensed premises of a juvenile at a time at which — 

(i)entertainment is, with the approval of the Director under section 126A, provided on that part of the premises solely for juveniles; and

(ii)liquor is not sold, supplied or consumed there;

or

(c)to a juvenile engaged in a training course approved by the Director, when so present in accordance with the requirements of that course; or

(d)to the presence of a juvenile employed on the premises otherwise than in the sale or supply of liquor, even if the place where the juvenile is present is a place which has for the time being been declared to be out of bounds to juveniles; or

(e)if section 120 applies.

(6)A licensee — 

(a)with the approval of the Director, may; and

(b)if so required by the Director, whether or not under a condition of the licence, shall,

by notices in the form approved by the Director posted at each entrance to the out of bounds area, declare the whole or any part of the licensed premises to be out of bounds to juveniles at all times or at specified times.

(7)Where a juvenile enters licensed premises or a part of licensed premises declared under subsection (6) to be at that time out of bounds to juveniles, an authorised person may require the juvenile to leave the licensed premises and, if the juvenile fails to do so — 

(a)the juvenile commits an offence; and

(b)an authorised person, or any other person on the request of an authorised person, may remove the juvenile from the licensed premises using such force as may be reasonably necessary.

Penalty: a fine of $2 000.

(7a)A person who —

(a)has been required to leave and has left, or been removed from, licensed premises under this section; and

(b)remains —

(i)on any footpath; or

(ii)in any area subject to the control or management of the licensee,

that is adjacent to the licensed premises,

commits an offence.

Penalty: a fine of $2 000.

(8)Subsections (6) and (7) do not apply to or in relation to a juvenile to whom section 120(1)(b) or (f), 120(2) or 121(5)(c) or (d) applies or a juvenile who is present at a place to which section 120(1)(e) applies.

(9)Where a person or juvenile is lawfully on licensed premises by reason of being in the company and under the supervision of a responsible adult, if that adult leaves the juvenile on the licensed premises deprived of his or her company and supervision without first informing the licensee or an employee or agent of the licensee the adult commits an offence.

Penalty: a fine of $2 000.

(10)A person who employs or engages a juvenile in the sale, supply or serving of liquor on or from — 

(a)licensed premises; or

(b)premises to which an occasional licence or permit applies, even if they are not deemed to be licensed premises,

commits an offence.

Penalty: a fine of $10 000.

(11)Subsection (10) does not apply in relation to the employment or engagement of a juvenile to serve liquor ancillary to a meal if —

(a)the juvenile is of or above the age of 16 years; and

(b)the juvenile’s employment or engagement is approved by the Director; and

(c)the work carried out by the juvenile is supervised at all times; and

(d)either —

(i)the work carried out by the juvenile will be assessed for the purposes of a prescribed training course being undertaken by the juvenile; or

(ii)the juvenile has successfully completed a prescribed training course the assessment for which included an assessment of the juvenile’s work while employed or engaged to serve liquor ancillary to a meal.

(12)This section does not limit any other right to refuse a person entry to premises or to remove a person from premises.

[Section 121 amended by No. 12 of 1998 s. 83; No. 73 of 2006 s. 88, 109, 110 and 111(9); No. 56 of 2010 s. 19, 62 and 69.]

122A.Supplying juveniles with alcohol on unlicensed premises

(1)A person is drunk for the purposes of this section if section 3A(1)(b) and (c) apply to the person.

(2)A person must not supply liquor to a juvenile unless that person is on unlicensed premises and the person —

(a)is the parent or guardian of the juvenile; or

(b)subject to subsection (3), has obtained the consent of the parent or guardian of the juvenile to supply liquor to the juvenile on those premises.

Penalty: a fine of $10 000.

(3)Where under subsection (2)(b) a person has obtained the consent of the parent or guardian of a juvenile to supply liquor to a juvenile on unlicensed premises, the person must not supply the liquor —

(a)if, at the time that the parent or guardian of the juvenile gives consent, the parent or guardian is drunk; or

(b)if the person is drunk; or

(c)if the juvenile is drunk; or

(d)if the person is unable to supervise the consumption of the liquor by the juvenile; or

(e)in circumstances prescribed by the regulations.

Penalty: a fine of $10 000.

[Section 122A inserted by No. 35 of 2015 s. 20.]

122.Regulated premises, offences as to juveniles

(1)For the purpose of this Act premises which are not licensed premises but which are of any of the kinds following are deemed to be regulated premises — 

(a)any area which — 

(i)is adjacent to, and is habitually used in conjunction with, licensed premises; and

(ii)is managed, or is reasonably capable of being supervised by, the licensee;

and

(b)any place to which a permit applies, or other premises on which liquor may lawfully be supplied; and

(c)any premises in a building or covered enclosure which are from time to time let or hired to the public or to which the public is admitted, whether or not on payment, where — 

(i)amusements are provided; or

(ii)entertainment or refreshment is available at a charge; or

(iii)the premises are otherwise used for the purpose of financial gain;

and

(d)any premises where foods, light refreshments or non‑intoxicating drinks are ordinarily sold or served to the public, for consumption on the premises; and

(e)any premises occupied by a club in respect of which a licence is not in force; and

(f)any premises prescribed for the purposes of this section; and

(g)for the purpose only of the prohibition of the sale or supply to, or the prohibition of the purchase or obtaining by, a juvenile of liquor but not otherwise — any road open to or used by the public, including any footpath or reservation adjoining the road, and vehicle on or adjacent to the road.

(2)Subject to this Act, a person who —

(a)sells or supplies, or permits the sale or supply of, liquor to; or

(b)permits the consumption or possession of liquor by,

a juvenile on regulated premises commits an offence.

Penalty: a fine of $10 000.

(3)Subject to this Act, where the juvenile is not the employee or agent of the licensee or occupier and is not, and is not the employee or agent of, a person acting under or employed in connection with a contract with the licensee or the owner or occupier of the premises, a person who — 

(a)being a juvenile enters or remains in any part of regulated premises where liquor is sold or supplied, except for the purpose of obtaining a meal; or

(b)being a person who has purported to accompany the juvenile as a responsible adult for the purpose of obtaining a meal, causes or permits the juvenile to enter or remain in any part of regulated premises where liquor is sold or supplied, except for the purpose of permitting the juvenile to obtain a meal,

commits an offence.

Penalty:

(a)for a juvenile, a fine of $2 000;

(b)for anyone else, a fine of $4 000.

(4)Subsection (3) does not apply to or in relation to a juvenile to whom section 120(1)(b) or (f), 120(2), or 121(5)(c) or (d) applies.

[Section 122 amended by No. 12 of 1998 s. 35(5); No. 73 of 2006 s. 89 and 110; No. 56 of 2010 s. 63 and 69.]

123.Possession etc. of liquor, offences by juveniles

(1)Subject to this Act, where a juvenile — 

(a)purchases or obtains, or attempts to purchase or obtain, liquor from any other person on licensed or regulated premises; or

(b)brings liquor on to licensed or regulated premises; or

(c)consumes liquor on licensed or regulated premises,

the juvenile commits an offence.

Penalty: a fine of $2 000.

(2)Without limiting section 119, a juvenile who has any liquor in his or her possession or control in any place or on any premises to which the public is permitted to have access, whether on payment of a charge or otherwise, commits an offence.

Penalty: a fine of $2 000.

[Section 123 amended by No. 73 of 2006 s. 90 and 110; No. 56 of 2010 s. 69.]

124.Sending juveniles to obtain liquor, offence

Where a person sends another person, knowing or believing that other person to be a juvenile, to any licensed premises or regulated premises for the purpose of obtaining liquor, the person commits an offence.

Penalty: a fine of $2 000.

[Section 124 amended by No. 73 of 2006 s. 110; No. 56 of 2010 s. 69.]

125.Defences to offences under this Division

(1)It is a defence to a charge of an offence against this Division relating to the sale or supply of liquor to a juvenile to show — 

(a)that the juvenile to whom liquor was sold or supplied is —

(i)a member of the family of the licensee or occupier or a manager of, or of a person employed on, the regulated premises and resides there, and that the supply was gratuitous; or

(ii)the spouse or de facto partner of a lodger of the premises;

or

(b)if the accused is the person by whom the liquor was sold or supplied to, or from whom the liquor was purchased or obtained for, the juvenile, that — 

(i)the person believed on reasonable grounds that the alleged juvenile was not a juvenile; and

(ii)that the juvenile was of or above the age of 16 years;

or

(c)where the offence is alleged to have occurred on regulated premises, if the accused is the licensee or occupier or a manager of the regulated premises and did not personally sell or supply the liquor, that — 

(i)the business was not conducted in such a way as to entice juveniles to the part of the premises where the liquor was sold, supplied or consumed; and

(ii)that proper diligence was exercised to prevent the sale, supply or consumption of liquor in contravention of this Division.

(2)For the purposes of any proceedings under this Division — 

(a)a person who alleges that a juvenile was accompanied by a responsible adult shall be required to establish that the person accompanying the juvenile was a responsible adult; and

(b)a person shall be taken to be a responsible adult if that person was an adult who is a parent, step‑parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile.

(3)In this section —

member of the family, in relation to a person, includes a de facto partner of the person.

[Section 125 amended by No. 12 of 1998 s. 84; No. 28 of 2003 s. 106; No. 84 of 2004 s. 80 and 82; No. 56 of 2010 s. 25.]

126.Suspected juveniles, authorised persons’ powers as to, offences by

(1)Where an authorised person knows, or suspects on reasonable grounds, that a person on licensed premises or regulated premises is a juvenile, the authorised person — 

(a)may require the juvenile or suspected juvenile to state his or her age; and

(b)if the age stated is false, or appears to be false — 

(i)may require the juvenile or suspected juvenile to produce as evidence of that age — 

(I)a current Australian driver’s licence with a photograph; or

(II)a current passport; or

(III)another prescribed document;

and

(ii)if the juvenile does not do so, or the evidence produced does not prove that the person is not a juvenile, may require the juvenile or suspected juvenile to leave the premises.

(2)A person who — 

(a)fails, without reasonable excuse, to comply with a requirement under subsection (1); or

(b)makes a statement, or produces alleged evidence, that is false or misleading in any material respect in response to the requirement,

commits an offence.

Penalty: a fine of $2 000.

(2a)If an authorised person suspects on reasonable grounds that a document produced by a juvenile under subsection (1)(b)(i)(I) or (III) is a forged, false or counterfeit document, the authorised person may confiscate the document.

(2b)An authorised person who confiscates a document under subsection (2a) must deal with the document in accordance with the regulations.

(3)An authorised person, or any other person on the request of an authorised person, may — 

(a)remove from licensed premises or regulated premises any juvenile, or suspected juvenile, who has failed to comply with a requirement to leave the premises made under subsection (1); and

(b)use such force as may be reasonably necessary to ensure compliance with the requirement.

(4)A person who re‑enters licensed premises or regulated premises within 24 hours of being required to leave, or being removed from, those premises under this section — 

(a)commits an offence; and

(b)an authorised person, or any other person on the request of an authorised person, may remove the person who re‑entered the premises from those premises using such force as may be reasonably necessary.

Penalty: a fine of $2 000.

(5)A person who —

(a)has been required to leave and has left, or been removed from, licensed premises or regulated premises under this section; and

(b)remains —

(i)on any footpath; or

(ii)in any area subject to the control or management of the licensee or occupier of the regulated premises,

that is adjacent to the licensed premises or regulated premises,

commits an offence.

Penalty: a fine of $2 000.

(6)This section does not limit any other right to remove a person from premises.

[Section 126 amended by No. 12 of 1998 s. 85; No. 73 of 2006 s. 91, 109 and 110; No. 56 of 2010 s. 69; No. 35 of 2015 s. 21.]

126A.Entertainment for juveniles on licensed premises, application for approval of

(1)The licensee of any licensed premises may apply to the Director, in a form approved by the Director, for approval of the provision of entertainment solely for juveniles on the licensed premises or a part of the licensed premises.

(2)The application is to be accompanied by the prescribed fee and is to be supported by any further or other documentation or information that the Director may require.

(3)The application is to be lodged with the Director not later than 14 days before the day on which the entertainment that is the subject of the application is proposed to be provided.

(4)Part 3 Division 7 does not apply to an application under this section.

[Section 126A inserted by No. 73 of 2006 s. 92(1).]

126B.Entertainment for juveniles on licensed premises, approval of

(1)The Director, by notice in writing given to a licensee who has made an application under section 126A, may approve the provision of entertainment solely for juveniles on the licensed premises, or a part of the licensed premises, if the Director is satisfied that, in the circumstances of the particular case, it is appropriate to do so.

(2)The Director may, by notice in writing given to the licensee at any time before the entertainment is provided, withdraw the approval if the Director is no longer satisfied in accordance with subsection (1).

(3)The Director may make the approval subject to such terms and conditions as the Director thinks fit and specifies in the notice under subsection (1).

(4)Without limiting subsection (3), each approval under subsection (1) is subject to the condition that the licensee is not to participate in any arrangement for the benefit arising from the provision of the entertainment to accrue to any other person unless —

(a)details of the arrangement were set out in the relevant application under section 126A or otherwise provided under that section; and

(b)the Director has granted approval under subsection (5).

(5)The Director may, by notice in writing given to the licensee, approve an arrangement referred to in subsection (4).

[Section 126B inserted by No. 73 of 2006 s. 92(1).]

Division 10 — Miscellaneous

[Heading inserted by No. 73 of 2006 s. 93.]

126C.Crowd controllers to be authorised when exercising powers of removal

(1)A person (the crowd controller) who —

(a)holds a crowd controller’s licence; and

(b)is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of licensed premises to supply the services of crowd controllers at those premises,

is not an authorised person for the purposes of removing a person from licensed premises under section 115(4)(c), 121(7)(b) or 126(3), or requesting another person to do so, unless the crowd controller is authorised under subsection (2).

(2)The licensee or occupier or a manager of licensed premises may authorise a crowd controller to exercise the powers referred to in subsection (1) in respect of those premises by written notice given to the crowd controller or the crowd control agent.

(3)The licensee or occupier or a manager may withdraw the authority referred to in subsection (2) at any time by written notice given to the crowd controller or the crowd control agent.

[Section 126C inserted by No. 73 of 2006 s. 93; amended by No. 56 of 2010 s. 25.]

126D.Undesirable liquor products, declaration of and offence as to

(1)The Governor, on the recommendation of the Minister, may make regulations under section 175 that declare liquor in the form of a specified product, or a product of a specified class, to be an undesirable liquor product.

(2)Where a licensee, whether personally or by an employee or agent, sells or supplies any product declared to be an undesirable liquor product on or from the licensed premises, the licensee, and the employee or agent concerned, commits an offence.

Penalty:

(a)for the licensee or a manager, a fine of $10 000;

(b)for an employee or agent, a fine of $4 000.

(3)The Minister may recommend the making of regulations for the purposes of subsection (1) only if —

(a)the Minister considers that —

(i)designs, motifs or characters on the packaging of the product concerned are of such a kind that the product is, or is likely to be, attractive to juveniles; or

(ii)the product is likely, for any reason, to be confused with soft drinks or confectionery; or

(iii)the product, for any other reason, has or is likely to have a special appeal to juveniles; or

(iv)it is otherwise in the public interest to do so;

and

(b)the Minister has complied with subsection (4).

(4)Before recommending the making of regulations for the purposes of subsection (1), the Minister is to consult with relevant liquor industry representatives and the manufacturer of any product proposed to be declared to be an undesirable liquor product (if the manufacturer is known to the Minister).

(5)A failure to comply with subsection (3) does not affect the validity of the regulation concerned.

[Section 126D inserted by No. 73 of 2006 s. 93; amended by No. 56 of 2010 s. 64.]

126E.Special events, operation of Act may be modified for

(1)In this section —

special event notice means a notice under subsection (2);

specified means specified in a special event notice.

(2)The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a specified event to be held in the State is a special event.

(3)Subject to subsection (4), a special event notice may declare that, for the purposes of the special event, specified provisions of this Act have a specified modified operation —

(a)during a specified period; and

(b)in relation to a specified area of the State or the whole of the State.

(4)A special event notice may make a declaration under subsection (3) only in relation to prescribed provisions of this Act.

(5)For the purposes of the special event, provisions of this Act that are the subject of a declaration under subsection (3) have effect in accordance with any specified modified operation.

(6)The Minister may, by notice published in the Gazette, vary or revoke a special event notice.

[Section 126E inserted by No. 73 of 2006 s. 93.]

Part 5 — Financial provisions

Division 1 — Licence fees

127.Payment of licence fees

(1)Subject to this Act, for so long as a licence is in force (including any period when its operation is suspended) the licence fee prescribed in respect of the licence is payable not later than such day as is prescribed in each year in respect of each licence period.

(2)A new licence shall not come into force until the licence fee prescribed in respect of the licence has been paid, unless otherwise prescribed.

(3)A licence fee payable under this Part, or a penalty for failure to pay a fee when it becomes due, may be recovered as a debt due to the Crown.

[Section 127 amended by No. 56 of 1997 s. 34; No. 73 of 2006 s. 94.]

128.Regulations about licence fees

(1)Regulations may be made for and with respect to the time, place and method of the payment of licence fees, penalties for late payment, the reduction, waiver or refund of licence fees or such penalties, and the suspension or cancellation of licences or permits after a failure to pay any moneys payable.

(2)Without limiting subsection (1) or section 127, regulations may prescribe licence fees by reference to —

(a)all or any of the following —

(i)the class of licence;

(ii)any restrictions or conditions imposed in relation to the licence;

(iii)the type of premises;

(iv)the location of the premises;

(v)the capacity of the premises;

(vi)the trading hours;

(vii)the convictions for offences under this Act, if any, of the applicant for the licence;

(viii)the disciplinary action under Part 3 Division 13, if any, taken against the applicant for the licence;

(ix)any other criteria prescribed in the regulations;

or

(b)the extension of the operation of a licence by a permit; or

(c)the purposes for which a permit is to be issued, or the period during which a permit is to have effect.

[Section 128 inserted by No. 56 of 1997 s. 35; amended by No. 73 of 2006 s. 95; No. 56 of 2010 s. 31.]

Division 2 — Subsidies

[Heading inserted by No. 56 of 1997 s. 36.]

129.Terms used

In this Division, unless the contrary intention appears — 

producer means the holder of a producer’s licence or a special facility licence;

wholesaler means the holder of a wholesaler’s licence, and such other persons as are prescribed.

[Section 129 inserted by No. 56 of 1997 s. 36; amended by No. 12 of 1998 s. 35(6).]

130.Subsidies for wholesalers and producers

(1)Subject to this Division, subsidies are payable to — 

(a)wholesalers; and

(b)producers,

in respect of such sales of liquor as are prescribed.

(2)A subsidy is not payable in respect of any period during which a person who would otherwise be eligible for a subsidy failed to comply with a condition prescribed, or imposed by the Director in accordance with the regulations.

(3)A subsidy is to be calculated in accordance with the regulations.

[Section 130 inserted by No. 56 of 1997 s. 36.]

131.Application for subsidy

(1)Application for a subsidy is to be made in accordance with the regulations.

(2)If the Director is not satisfied with information provided in an application the Director may, whether before or after paying a subsidy in respect of the application, request the applicant to provide further information in relation to the application.

(3)If the applicant does not provide the further information requested by the Director or the Director is not satisfied with the information provided, the Director may —

(a)refuse to pay the subsidy; or

(b)if the subsidy is already paid, treat the subsidy as having been paid under an incorrect subsidy application and section 135 applies accordingly.

[Section 131 inserted by No. 56 of 1997 s. 36.]

132.Director to pay subsidies

If a person applies for a subsidy in accordance with section 131 the Director is to pay the applicant a subsidy, subject to section 131(3) and 135(5).

[Section 132 inserted by No. 56 of 1997 s. 36.]

133.Consolidated Account appropriated

The money required to pay subsidies is to be charged to the Consolidated Account which is appropriated accordingly.

[Section 133 inserted by No. 56 of 1997 s. 36; amended by No. 77 of 2006 s. 4.]

134.Correcting incorrect subsidy payments

(1)In this section and section 135 a person makes an incorrect subsidy application if the person applies for a subsidy in circumstances where — 

(a)a subsidy is not payable to the person under this Act; or

(b)the amount of the subsidy applied for is greater than the amount of the subsidy that ought to have been applied for.

(2)If a person makes an incorrect subsidy application, then the person must within 21 days after making the application — 

(a)notify the Director accordingly; and

(b)pay the Director an amount equal to the unjustified benefit that the person has received or will receive.

(3)The unjustified benefit is the amount by which the subsidy applied for in the incorrect subsidy application is greater than the subsidy to which the person is entitled under this Act.

[Section 134 inserted by No. 56 of 1997 s. 36.]

135.Failure to correct incorrect subsidy application

(1)If a person makes an incorrect subsidy application and does not comply with section 134(2) the Director may give the person a notice that sets out — 

(a)details of the incorrect application; and

(b)the penalty to be paid by the person.

(2)The penalty to be paid by a person referred to in subsection (1) is to be double — 

(a)the amount that the person ought to have paid under section 134(2); or

(b)if the Director is not able to determine that amount due to insufficient, false or misleading records or information, such amount as is assessed by the Director.

(3)If a person who has been given a notice under subsection (1) does not pay the penalty on or before the date for payment specified in the notice, the person commits an offence.

Penalty: a fine of $5 000.

(4)The date for payment to be specified in a notice under subsection (1) is to be at least 7 days after the date the notice is given to the person.

(5)Where an amount is unpaid under this section the Director may — 

(a)recover the amount in a court of competent jurisdiction as a debt due to the Crown; or

(b)retain the amount from moneys that would otherwise be paid to the person as a subsidy,

and the Director may suspend the operation of any licence held by that person until the amount is paid.

(6)The Director is to notify a person in writing before taking any action under subsection (5) in respect of that person.

[Section 135 inserted by No. 56 of 1997 s. 36; amended by No. 56 of 2010 s. 69.]

136.Minister may order subsidies to cease

(1)The Minister may at any time order that the subsidy to wholesalers or producers, or to both, is no longer to be paid.

(2)The Minister may by a subsequent order amend or cancel an order referred to in subsection (1).

(3)The Minister may, either in the initial order or in a subsequent order, give any directions reasonably necessary to give effect to the initial order.

(4)Without limiting subsection (3), directions may modify the operation of this Act in relation to subsidies.

(5)An order under this section is to be published in the Gazette.

(6)An order under this section is to be laid before each House of Parliament under section 42 of the Interpretation Act 1984 and that section applies as if the order were a regulation.

[Section 136 inserted by No. 56 of 1997 s. 36.]

[137, 138.Deleted by No. 56 of 1997 s. 36.]

Division 3 — Power of Commission with respect to moneys due

[Heading amended by No. 56 of 1997 s. 37; No. 73 of 2006 s. 96.]

[139‑142.Deleted by No. 56 of 1997 s. 38.]

143.Order for payment of money

(1)The Commission may, on the application of the Director, make an order against a licensee or former licensee for payment of any amount that is payable by that person under this Act, including an amount due under section 135 in respect of an incorrect subsidy application.

(2)Where an order is made under subsection (1) against a body corporate and — 

(a)the body corporate is dissolved; or

(b)the amount referred to in the order is not paid within 14 days after service of a copy of the order on the body corporate,

the order may be enforced against — 

(c)a person who was a director of the body corporate or former body corporate at the time at which — 

(i)the amount became payable under this Act; or

(ii)incorrect or incomplete information was given;

(d)a body corporate that was a related body corporate at the time at which — 

(i)the amount became payable under this Act; or

(ii)incorrect or incomplete information was given,

or a person who was a director of such a related body corporate at that time.

(3)An order made under subsection (1) may be enforced by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction.

(4)When lodged, the order is to be taken to be a judgment of the court and may be enforced accordingly.

[Section 143 amended by No. 56 of 1997 s. 39; No. 59 of 2004 s. 141; No. 73 of 2006 s. 106.]

[144.Deleted by No. 56 of 1997 s. 40.]

Division 4 — Records and returns

145.Records of liquor transactions to be kept by licensees etc.

(1)Such licensees as are prescribed shall make and maintain a record of all transactions entered into by or on behalf of the licensee involving the sale or purchase or other disposal or acquisition of liquor, in accordance with this section.

(1a)A person who has applied for a subsidy in relation to the sale of liquor shall make and maintain such records relating to the subsidy as are prescribed.

(2)A record to be kept under subsection (1) or (1a) shall contain the information prescribed and shall be maintained in such a form that the prescribed information is readily available for inspection.

(3)A person who is required by this section to make a record shall — 

(a)keep and retain the record on the licensed premises, or in some other place in the State approved by the Director for the purpose, for 6 years after the date on which it was compiled; and

(b)make the record available for inspection by an authorised officer.

(4)A person who — 

(a)fails to make, maintain, keep or retain a record, as required by this section; or

(b)fails to make the record available for inspection by an authorised officer; or

(c)includes in such a record information that is false or misleading in a material particular,

commits an offence.

Penalty: a fine of $10 000.

[Section 145 amended by No. 56 of 1997 s. 41; No. 12 of 1998 s. 86; No. 73 of 2006 s. 110; No. 56 of 2010 s. 69.]

146.Information to be given to Director in returns

(1)A person required to make a record under section 145 shall, if so required by the Director or so prescribed, lodge returns with the Director containing such information as the Director may require or as is prescribed — 

(a)relating to transactions involving — 

(i)the sale, or other disposal of liquor; or

(ii)the purchase or other acquisition of liquor;

or

(b)relating to the assessment of a subsidy,

in respect of such period, or in relation to such circumstances, as the Director may require or as is prescribed.

Penalty: a fine of $10 000.

(2)Returns required under this section shall — 

(a)be lodged at such times, or periodic intervals, as are prescribed or as may be specified by the Director; a