Liquor Act Amendment Act 1972 (Qld)

211 (Qit tt1 ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE ---------------- No. 26 of 1972 An Act to amend the LiquorAct 1912-1970 in certain particulars [ASSENTED TO 19TH DECEMBER, 1972 ] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Liquor Act Amendment Act 1972. (2) The Liquor Act 1912-1970 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Liquor Act1912-1972.

212 Liquor Act Amendment Act 1972, No. 26 2. Amendment of s. 49A. Section 49A of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1) If the Commission is satisfied that the licensed premises of a licensed victualler by reason of their situation no longer meet the needs of the public and the requirements of the neighbourhood wherein they are situated or the needs of that neighbourhood in cases where- (a) the existing site is no longer suitable; (b) rebuilding is desired or ordered and the existing site is no longer suitable; (c) re-routing of roads or highways or acquisition of land or redevelopment of the area has detrimentally affected the site or economy of the licensed premises; (d) the existing site is subject to flooding or in danger of erosion by the sea or a waterway; or (e) for any other reason that the Commission thinks sufficient, the Commission may upon the application of the licensee and the owner of the premises remove the license to such other site in the same neighbourhood as will in the opinion of the Commission best meet the needs of the public and the requirements of that neighbourhood. In respect of every application under this subsection the Commission shall define an area that for the purposes of that application shall be regarded as the " neighbourhood ". In every application under this subsection, the applicant shall describe the boundaries of the land proposed to be comprised in the new licensed premises. The Commission- (a) shall not hear and consider an application under this subsection unless a notice to show cause why the license should not be removed has been served in the prescribed manner on the Local Authority of the city, town or shire in which the licensed premises in question are situated; (b) shall not determine to remove a license pursuant to an application under this subsection- (i) until it has heard and considered any objection or representation made in relation thereto by the Local Authority of the city, town or shire in question on the date specified in the notice or on another date fixed by it; (ii) if it upholds any objection or representation made. The notice to show cause- (a) shall fix a date upon which cause may be shown, being not less than fourteen days after service of the notice; (b) may be served personally on the person to whom it is directed or on the Town Clerk or Shire Clerk in the case of-a Local Authority or on the secretary of a body corporate or in such other manner as is prescribed.

Liquor Act Amendment Act 1972, No. 26 213 Nothing in this section contained shall require or be deemed to require the serving of notice as aforesaid on any person who has joined in an application for the removal of a license. No objection to the form, effect, validity, or sufficiency of any notice shall be held good so long as it is in the form or to the effect prescribed as aforesaid."; (b) in subsection (2), omitting the words " and shall define an area contained as nearly as may be practicable within a radius of three miles from the site to which it is proposed to remove the license "; (c) in subsection (3), (i) omitting the words " area defined by the Commission pursuant to subsection (2) of this section " and inserting in their stead the word " neighbourhood "; (ii) omitting the words " and for petitions for the taking of a local option vote under Part VIIIA of this Act "; (d) omitting subsection (4) and inserting in its stead the following subsections:- " (4) An objection to the removal of a license pursuant to this section may be made only by or on behalf of- (a) the Local Authority of the city, town or shire in which the site to which it is proposed to remove the license is situated; (b) an elector resident in the neighbourhood in which that site is situated; (c) an owner or licensee of existing licensed premises situated in the neighbourhood in which that site is situated. (4A) An objection shall be lodged with the Commission on or before the date specified as the last day for lodgment in the notice published pursuant to subsection (3) and every objection so lodged shall include a statement of the grounds thereof. Every objector shall on or before such specified date give to the applicant a copy of his objection. An objection in relation to which there is a failure to comply with this subsection shall not be taken into account by the Commission. (4B) Forthwith upon the expiration of the date specified as the last day for the lodgment of objections in the notice published pursuant to subsection (3) the Commission shall appoint a date, time and place for the hearing of objections and shall give notice of that appointment to the applicant and every objector who has duly lodged an objection and otherwise complied with subsection (4A). (4c) At the time and place appointed or at any other time and place to which the Commission adjourns the bearing, the Commission shall consider every objection duly made and shall hear such of them the applicant and objectors who have duly made objections as appear and desire to be heard. (4D) The Commission shall not determine to remove a licensed victualler's license under this section- (a) until it has conducted the hearing referred to in subsection (4c) or if there are no objections to be considered until after the date specified as the last day for their lodgment in the notice published pursuant to subsection (3);

214 Liquor Act Amendment Act 1972, No. 26 (b) if it upholds an objection duly made in accordance with subsection (4A); (c) until it is satisfied that- (i) the premises to which it proposes to remove the license and the accommodation and essential services to be provided in connection therewith are complete and in good order and condition; (ii) upon removal of the license to those premises the licensee will be able to commence forthwith to carry on therein his business of a licensed victualler in a manner calculated to meet the needs of the neighbourhood and of the public therein."; (e) in subsection (5), omitting the words " paragraph (d) of subsection (1) of section 48c of this Act " and inserting in their stead the words " paragraph (c) of subsection (4D) ". 3. Amendment of s. 69. Section 69 of the Principal Act is amended by, in subsection (10), (a) in paragraph (b), omitting the words " (not being Christmas Day or Anzac Day) " and inserting in their stead the words " (not being Christmas Eve, Christmas Day, New Year's Eve or Anzac Day) "; (b) in paragraph (d), inserting after the word " Sunday ", the words " and on a Sunday (being Christmas Eve or New Year's Eve),". 4. Amendment of s. 69A. Section 69A of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the words " occasion of " the words " Christmas Eve," (ii) inserting after the word " victualler " the words " or the holder of a limited hotel license "; (b) in subsection (3), omitting all words commencing with the words but the " to the end of the subsection and inserting in their stead the following words " that is not Christmas Eve or New Year's Eve, but the authority of the permit- (a) shall not extend beyond the hour of twelve midnight on a Sunday that is Christmas Eve; (b) in any other case, shall not extend beyond the hour of three o'clock before noon on the day next following the date of commencement of the occasion.". 5. Amendment of s. 125AE. Section 125AE of the Principal Act is amended by, in subsection (4), (a) in paragraph (e), omitting the worts " (not being Christmas Day) " and inserting in their stead the words " (not being Christmas Eve, Christmas Day or New Year's Eve) "; (b) omitting paragraph (f) and inserting in its stead the following paragraph:- (ff)) on a Sunday that is Christmas Eve or• New Year's Eve and on any other day (other than a day hereinbefore specified in this subsection), except between the hours of twelve noon and twelve midnight.".

Liquor Act Amendment Act 1972, No. 26 215 6. Amendment of s. 125EE . Section 125EE of the Principal Act is amended by omitting subsection (3) and inserting in its stead the following subsection:- " (3) A cabaret license shall authorize the sale, supply or serving of liquor- (a) on a Sunday that is Christmas Eve between the hours. of seven o'clock after noon and twelve midnight; (b) on a Sunday that is New Year's Eve between the hours of seven o'clock after noon and three o'clock before noon on the next following day; (c) on any other day between seven o'clock after noon and three o'clock before noon on the next following day except when the period so limited commences on Good Friday or on a Sunday (other than a Sunday that is New Year's Eve).". 7. Amendment of s. 151A . Section 151A of the Principal Act is amended by, in subsection (2), in paragraph (a), omitting the words " or pursuant to subsection (2) of section 49A of this Act, as the case may be ". 8. Amendment of s. 151B. Section 151E of the Principal Act is amended by- (a) in subsection (1), omitting the expression " or 49A"; (b) in subsection (2), omitting the words " or by subsection (3) of section 49A of this Act ".