Liquor Act Amendment Act 1989 (Qld)

256 LIQUOR ACT AMENDMENT ACT ANAL YSIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 18. Annual fees 5. New s. 36A Power to determine value 6. Amendment of s. 43 Licensing Court shall take cognizance of Commission's valuation 7. Amendment of s. 49A. Removal of subsisting licensed victualler's licences 'd ^UN V, ANNO TRICESIMO OCTAVO EL,IZA B ET AE SEC AE REGINAE No. 29 of 1989 An Act to amend the Liquor Act 1912-1988 in certain particulars [ASSENTED TO 28TH APRIL, 1989]

Liquor Act Amendment Act 1989, No. 29 257 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 . This Act may be cited as the Liquor Act Amendment Act 1989. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act shall commence on the day to be appointed by Proclamation. 3. Citation . (1) In this Act the Liquor Act 1912-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Liquor Act 1912-1989. 4. Amendment of s. 18. Annual fees. Section 18 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) The fees which shall be charged, levied, collected, and paid annually for the following licenses under this Act shall be respectively- (a) For every- licensed victualler's license, packet license, spirit merchant's (retail) license, club license, restaurant license, resort license, theatre license, airport license, cabaret license, limited hotel license, function room license, tavern license, bistro license, caterer's license, tourist park license, historic inn, license, cultural centre license, casino liquor license, public facility license, and canteen license a sum equal to 10 per centum of the gross amount paid or payable for all liquor which during the twelve months ended on the last day of June in the preceding

258 Liquor Act Amendment Act 1989, No. 29 year was purchased or otherwise obtained for the licensed premises; (b) For every spirit merchant's license-six hundred dollars, and, in addition, a further sum equal to 10 per centum of the gross amount paid or payable to the licensee for all liquor which during the twelve months ended on the last day of June in the preceding year was sold or otherwise disposed of under such spirit merchant's license to holders of booth permits and a further sum equal to 14 per centum of the gross amount paid or payable to the licensee for all liquor which during the twelve months ended on the last day of June in the preceding year was sold or otherwise disposed of under such spirit merchant's license to persons (not being holders of booth permits) other than persons licensed, at the time of the sale or disposal otherwise, under this Act or any Act or law of the Commonwealth or of any other State or of any Territory of the Commonwealth to sell liquor; (c) For every bottler's license-fifty dollars; (d) For every vigneron-vintner's license-fifty dollars, and in addition- (i) a further sum equal to 10 per centum of the gross amount paid or payable to the licensee for all Australian wines (other than wines made by him on premises referred to in his certificate of registration under the Wine IndustryAct1974-1982); (ii) a further sum equal to 2 per centum of the gross amount paid or payable to the licensee for all wines made by him on premises referred to in his certificate of registration under the Wine IndustryAct 1974-1982, which during the twelve months ended on the last day of June in the preceding year were sold or otherwise disposed of under such vigneron-vinter's license to persons other than persons licensed, at the time of sale or disposal otherwise, under this Act or any Act or law of the Commonwealth or of any other State or of any Territory of the Commonwealth to sell liquor."; (b) omitting subsection (2) and substituting the following subsection:- "(2) There shall be charged, levied, and collected from and paid by a registered brewer an annual fee not exceeding 10 per centum of the gross amount paid or payable to such registered brewer for all liquor which during the period of twelve months ended on the last day of June in the preceding year was sold or disposed of by him to holders of booth permits and an annual

Liquor Act Amendment Act 1989, No. 29 259 fee not exceeding 14 per centum of the gross amount paid or payable to such registered brewer for all liquor which during the period of twelve months ended on the last day of June in the preceding year was sold or disposed of by him to persons (not being holders of booth permits) other than persons licensed under this Act, or any Act or law of the Commonwealth or of any other State or of any Territory of the Commonwealth at the time of the sale or disposal otherwise, to sell liquor."; (c) inserting after subsection (2) as substituted by this Act the following subsection:- "(3) Subject to subsection (3A), a reference in subsection (1), (2) and (5) to the expression "gross amount paid or payable" for liquor shall, in relation to any person, be construed as being a reference to an amount which includes the sum of the amounts paid or payable- (a) by that person, for the liquor; and (b) whether or not any such amount is paid or payable to the supplier of the liquor, for- (i) packing the liquor, containers and packaging; (ii) handling the liquor, containers and packaging; (iii) putting the liquor into the state in which it is delivered to or purchased by the person; (iv) containers and packaging (including the cost of bottling, corks, stoppers and labelling), both when delivered to or purchased by the person and when contained or packed for sale or disposal by the person, including hire charges; (v) excise duty or sales tax paid or payable under the law of the Commonwealth in respect of the liquor; (vi) advertising; and (vii) a charge in respect of finance or for late payments."; (d) inserting after subsection (3) as inserted by this Act the following subsection:- "(3A) Where the Commission is of the opinion that any amount paid or payable, or alleged to be paid or payable, for any of the things referred to in subsection (3) or the doing of any of those things was less than the true value, and the Commission, having regard to the circumstances in which the liquor was delivered or was purchased or otherwise obtained or was sold or otherwise disposed of, determines and assesses the amount paid or payable as being an amount of a greater value, the reference shall be construed as being to the amount of that greater value as assessed by the Commission.";

260 Liquor Act Amendment Act 1989, No. 29 (e) inserting after subsection (3A) as inserted by this Act the following subsection= "(3B) A reference in subsection (3) and (3A) to the expression paid or payable" in relation to an amount paid or payable- (a) by any person, includes an amount paid or payable on behalf of that person by another person; or (b) for any liquor, includes an amount paid or payable in respect of the liquor.". 5. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- "36A. Power to determine value. The Commission may, prior to an application being made pursuant to section 36 (1) (b), at the request of and after negotiations with the licensee, or where the licensee is not the owner of the premises the owner, determine, as at a date agreed to by the licensee or the owner, as the case may be, and the Commission- (a) the value of the premises as licensed premises; (b) the value of the premises without the license; and (c) the value of any leases to the premises, which the Commission considers to be fair and equitable having regard to prevailing circumstances.". 6. Amendment of s. 43. Section 43 of the Principal Act is amended by inserting after subsection (2) the following subsection:- "(2A) Licensing Court shall take cognizance of Commission's valuation . In making a valuation pursuant to subsection (1) the Licensing Court shall take cognizance of any valuation determined by the Commission pursuant to section 36A.". 7. Amendment of s. 49A. Removal of subsisting licensed victualler's licenses. Section 49A of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (a) inserting after the word "suitable" the words "or is no longer economically viable"; (ii) omitting the general words following paragraph (e) commencing with the words "the Licensing Court" down to and including the words "of that neighbourhood." and substituting the following words:- "the Licensing Court may upon the application of the licensee and the owner of the premises remove the license to such other site as will in the opinion of the Licensing Court adequately meet the needs of the public in the vicinity of the site to which it is proposed to remove the license.";

Liquor Act Amendment Act 1989, No. 29 261 (iii) immediately after the general words as substituted by this Act following paragraph (e) inserting the following paragraph:- "The Licensing Court shall not remove a license to another site unless the Court is satisfied that there are, in the area from which the license is being removed, adequate licensed premises remaining to service the needs of the public in that area."; (iv) omitting the paragraph commencing with the words "In respect of every application"; (b) omitting subsection (4) and substituting the following subsection:- "(4) (a) An objection to the removal of a license pursuant to this section may be made only by or on behalf of- (i) the Local Authority of the city, town or shire in which the site to which it is proposed to remove the license is situated; (ii) an elector resident in the neighbourhood in which that site is situated; (iii) an owner or licensee of existing licensed premises situated in the neighbourhood in which that site is situated. (b) The only grounds for an objection to the removal of a license pursuant to this section by a Local Authority or an elector referred to in paragraph (a) are- (i) that the site to which it is proposed to remove the license is in the immediate vicinity of an existing or proposed- (A) place of public worship; (B) hosptial; or (C) school; (ii) that undue offence, annoyance, disturbance or inconvenience would be likely to occur to persons who reside in the vicinity of the site to which it is proposed to remove the license; (iii) that the amenity, quiet or good order of the area in the vicinity of the site to which it is proposed to remove the license would be adversely affected, or any one or more of them. (c) The only grounds for an objection to the removal of a license pursuant to this section by an owner or licensee referred to in paragraph (a) are- (i) that the removal of the license would adversely effect the economic viability of his premises; (ii) that the number and condition of existing licensed premises in the vicinity of the site to which it is

262 Liquor Act Amendment Act 1989, No. 29 proposed to remove the license are adequate to service the needs of the public; (iii) that the distribution of existing licensed premises in the vicinity of the site to which it is proposed to remove the license is adequate to service the needs of the public; (iv) that the extent and quality of service provided by premises in the vicinity of the site to which it is proposed to remove the license is adequate to service the needs of the public, or any one or more of them.".