Liquor Act Amendment and Liquor License Fees Adjustment Act 1979 (Qld)

398 C 1tEE t C?Sxt ' ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 40 of 1979 An Act to make provision with respect to license fees under the Liquor Act 1912-1978 assessed in -relation to certain liquor purchased or otherwise obtained for licensed premises during the year 1978; and to amend the Liquor Act 1912-1978 in certain particulars [ASSENTED TO 26TH JUNE, 1979] 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Liquor Act Amendment and Liquor License Fees Adjustment Act 1979. 2. Commencement . (1) Subject to subsection (2), this Act shall commence on a day to be fixed by Proclamation. (2) A different day or different days may be fixed by the Proclamation under subsection (1) or by a subsequent Proclamation or subsequent Proclamations as the day or days for the commencement of any particular Part or provision or particular Parts or provisions of this Act specified therein, and in that respect any such Part or provision or Parts or provisions shall commence on the day fixed by Proclamation in relation thereto.

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 399 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-PROVISIONS WITH RESPECT TO LICENSE FEES ASSESSED IN RELATION TO CERTAIN LIQUOR PURCHASED OR OTHERWISE OBTAINED FOR LICENSED PREMISES DURING THE YEAR 1978; PART III-AMENDMENTS OF THE LIQUOR ACT 1912-1978. PART II-PROVISIONS WITH RESPECT TO LICENSE FEES ASSESSED, IN RELATION TO CERTAIN LIQUOR PURCHASED OR OTHERWISE OBTAINED FOR LICENSED PREMISES DURING THE YEAR 1978 4. Part to be read with Liquor Act. This Part shall be read as one with the Liquor Act1912-1978. 5. Meaning of terms. In this Part- (a) the expression " prescribed liquor " means beer, ale, porter and stout; (b) the expression " prescribed period " means that portion of the year 1978 commencing at midnight on 10 September 1978 and terminating at midnight on 29 November 1978. 6. Calculation of fee on gross purchases , etc. (1) Where for the purpose of assessing a fee that is to be charged, levied, collected and paid for any license specified in section 18 (1) of the Liquor Act1912-1978 it becomes material to take a percentage of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor that was purchased or otherwise obtained for any licensed premises during the twelve months that includes the prescribed period, such gross amount- (a) shall not include any amount paid or payable for or in respect of prescribed liquor that during the prescribed period was sold or otherwise disposed of to any other licensee or licensees from stocks of prescribed liquor at any time purchased or otherwise obtained for those licensed permises or any amount paid or payable as duty thereon; and (b) shall, subject to paragraph (a) and in relation to prescribed liquor purchased or otherwise obtained for those licensed premises during the prescribed period, be deemed to be the amount (including all duties thereon) that would have been paid or payable for or in respect of such prescribed liquor had it been purchased or otherwise obtained from the ordinary source of supply of prescribed liquor to those licensed premises. (2) For the purpose of enabling the Commission to assess any fee payable pursuant to section 18 of the Liquor Act1912-1978 having regard to the provisions of subsection (1) of this section, the Executive Officer may require that, in addition to any information required to be supplied by any person under the said section 18, any such person shall supply to the Commission such further information within such time, in such manner and with such verification as the Executive Officer requires; and any such further information so required shall be deemed to be further information required by the Commission under the said section 18.

400 Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 PART III-AMENDMENTS OF THE LIQUOR ACT 1912-1978• 7. Citation . (1) In this Part, the Liquor Act1912-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Liquor Act1912-1979. 8. Amendment of s. 1. Section 1 of the Principal Act is amended by- (a) omitting the expression " 125FG " occurring in the reference to PART VIF and substituting the expression " 125FH "; (b) inserting after the reference to PART VIK and its subject matter the following words:- " PART VIL-TOURIST PARK LICENSES (ss. 125LA-125LJ);". 9. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) inserting after subparagraph (v) occurring in the second paragraph of the section the following subparagraph:- " • or (vi) To the sale or disposal of liquor on the premises of a college or institution that provides instruction and training in the preparation and service of meals and liquor where- (A) the sale or disposal of liquor on the premises in question is approved by the Governor in Council on the recommendation of the Commission, he being hereby thereunto authorized; and (B) the liquor is sold or disposed of for consumption with meals prepared in the course of instruction and training as aforesaid and is consumed with such meals in a part of the premises set apart for the provision of such instruction and training "; (b) inserting the following additional paragraph at the end of the section:- "Subject to subparagraph (vi) of the second paragraph of this section , there may be prescribed in the regulations terms and conditions subject to which liquor may be sold or disposed of on premises of a college or institution that provides instruction and training in the preparation and service of meals and liquor.". 10. Repeal of and pew s . 5C. Section 5c of the Principal Act is repealed and the following section is substituted:- " 5C. Appeal to Full Court of Supreme Court . (1) A person aggrieved by a direction, determination, order or decision of the Licensing Court (not being a direction, determination, order or decision on an appeal under section 8A from a direction, determination, order or decision of the Commission) may appeal to the Full Court of the Supreme Court in accordance with the provisions of the Rules of the Supreme Court, but subject to this section, on the ground that such direction, determination, order or decision is erroneous in law but on no other ground. (2) A copy of the notice of appeal shall be given to the Registrar of the Licensing Court who shall, at the request of a person aggrieved as aforesaid, make available to such person on payment of a reasonable fee therefor true copies of the originals of the evidence given and of the transcripts of evidence and notes taken on the hearing before the Licensing Court certified by the said Registrar as such.

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 401 (3) As soon as practicable after the receipt by the Registrar of the Licensing Court. of the copy of notice of appeal, he shall cause the originals of the evidence given and transcripts of evidence and notes taken on the hearing before the Licensing Court, or true copies thereof certified by the said Registrar as such, to be transmitted to the Registrar of the Supreme Court. (4) Where an appeal is duly instituted in respect of a determination of the Licensing Court cancelling, forfeiting or suspending a license and security required to be given has been given or a deposit required to be made has been made in respect of costs, the license in question shall be deemed not to be cancelled, forfeited or suspended, as the case may be, until the date fixed by the Licensing Court for the cancellation, forfeiture or suspension has arrived and the appeal has been heard and determined or otherwise disposed of and, in the event of a determination, only if the appeal is disallowed.". 11. Amendment of s. 5D. Section 5D of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " Judge hearing an appeal under section 5c or the "; (ii) omitting the words " his or "; (b) in subsection (4)- (i) omitting the words " Judge of the Supreme Court hearing the appeal or, as the case may be, the "; (ii) omitting the words " his or ". 12. Amendment of s. 5F. Section 5F of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (3A) In the exercise of its jurisdiction and conduct of its proceedings under this Act, the Licensing Court shall be governed in its procedure and decisions by equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms or the practice of other courts, and shall not be bound by any rules or practice as to evidence, but may inform itself on any matter in such manner as is deemed just. The second paragraph of subsection (1) applies subject to this subsection.". 13. Amendment of s. 6. Section 6 of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (lA) (a) The Commission shall be a body corporate and shall have perpetual succession and a common seal and, subject to this Act, shall be capable of suing and being sued. (b) All courts and persons acting judicially shall take judicial notice of the common seal of the Commission and, until the contrary is proved, shall presume that it was duly affixed to any document or writing on which it appears. (c) The common seal shall be kept in the custody of the Executive Officer or such other person as the Commission may determine.".

402 Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 14. Amendment of s. 7. Section 7 of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (IA) The Commission, in respect of any other matter before the Licensing Court, may appear before and make to that Court its recommendation with respect thereto.". 15. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) inserting after subsection (5) the following subsection:- "-(5A) Where under this Act- (a) a licensee is liable for any contravention of a provision of this Act by an agent, employee or servant of or any person acting or purporting to act on behalf of the licensee; and (b) the licensee is a body corporate, the nominee of the body corporate is liable also for such contravention and may be proceeded against and punished accordingly."; (b) in subsection (6), omitting the words ", officer, or nominee " and substituting the words " or officer ". 16. Amendment of s. 16. Section 16 of the Principal Act is amended by- (a) in subsection (1), omitting the word " booth " and substituting the words " tourist park "; (b) in subsection (3)- (i) omitting paragraph (c); (ii) omitting the word " license " occurring in paragraph (d) (vi) and substituting the word " permit ". 17. Amendment of s. 18. Section 18 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting in paragraph (ii), after the words " a further sum equal to ", the words " 8 per centum of the gross amount (including all duties thereon) 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 "; (ii) inserting in paragraph (ii), after the words " license to persons ", the words " (not being holders of booth permits) "; (iii) inserting after paragraph (xv) the following paragraph:- (xvi) For a tourist park license-a sum equal to eight per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises."; (b) in subsection (2)- (i) inserting after the words " an annual fee not exceeding " the words " 8 per centum of the gross amount (including any duties thereon) 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 fee not exceeding ";

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 403 (ii) inserting after the words " disposed of by him to persons " the words " (not being holders of booth permits) "; (c) in subsection (4)- (i) omitting the word " vigneron's " where twice occurring and substituting the word " vigneron-vintner's " in each case; (ii) omitting the words " or caterer's " and substituting the words ", caterer ' s license or tourist park ". 18. Amendment of s. 22 . Section 22 of the Principal Act is amended by- (a) in subsection (4), omitting the words " and subject to section twenty-three of this Act "; (b) in subsection (6)- (i) inserting in the first paragraph thereof, after the words " under this Act, or who ", the words ", not being a brewer or distiller or the spouse of a brewer or distiller,"; (ii) inserting after the second paragraph thereof, being the paragraph commencing with the words " If, when called upon ", the following paragraph:- " The license shall. not be forfeited by reason only of the fact that a brewer or distiller or the spouse of a brewer or distiller has a beneficial interest therein or in the licensed premises.". 19. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in the heading occurring immediately before the section, omitting the word " LICENSE " and substituting the word " PERMIT "; (b) in the note to the section occurring at the commencement of the section before the expression " (1) ", omitting the word " licenses " and substituting the word " permits "; (c) in subsection (1)- (i) omitting the word " licenses " and substituting the word " permits "; (ii) omitting the word " licensee " and substituting the words " permit holder "; (iii) omitting the word " license " where twice occurring and substituting the word " permit " in each case; (iv) omitting the words " The Art Union Regulation Act of 1964 " and substituting the words " the Art Unions and Amusements Act1976 "; (v) inserting at the end of the subsection the following paragraph:- " Notwithstanding provision (b) of the preceding paragraph, if an applicant for a booth permit is desirous of being granted the permit in respect of a period or periods on a Sunday, which period, being a continuous period, or the aggregate of which periods, being broken periods, exceeds five hours, he shall make application to the Commission; and the Commission, after considering the application, may in its discretion- (a) grant the application; (b) refuse the application; (c) with the concurrence of the applicant, grant a permit in respect of a period, being a continuous period, or the aggregate of periods, being broken periods, not exceeding five hours.";

404 Liquor Act Arndt and Liquor License Fees Adjustment Act 1979, No. 40 (d) omitting subsection (2) and substituting the following subsection:- " (2) A booth permit shall not be granted to a person who is disqualified by or under this Act from holding a license."; (e) in subsection (3)- (i) omitting the word " license " and substituting the word " permit "; (ii) inserting after the word " granted " the words " or, as the case requires, by the Commission "; (f) in subsection (4)- (i) omitting the word " license " where first occurring and substituting the word " permit "; (ii) inserting after the word " court " the words " or, as the case requires, to the Commission "; (g) in subsection (5)- (i) inserting after the words " The court " the words " or, as the case requires, the Commission "; (ii) omitting the word " license " and substituting the word " permit "; (iii) inserting after the words " made to the court " the words " or to the Commission, as the case may be "; (h) in subsection (6)- (i) omitting the third paragraph of the subsection, being the paragraph commencing with the words " Without limiting " and ending with the words " has been estimated."; (ii) omitting the word " license " wherever occurring and substituting the word " permit " in each case; (i) in subsection (7), omitting the word " license " where twice occurring and substituting the word " permit " in each case. 20. Amendment of s. 47B. Section 47B of the Principal Act is amended by, in subsection (4), inserting in the fourth paragraph thereof, being the paragraph commencing with the words " Upon receipt of ", after the words " may appear ", the words " before the ". 21. Amendment of s. 48A. Section 48A of the Principal Act is amended by, in subsection (2), inserting after the words " may be heard by " the word " the ". 22. New s. 49. The Principal Act is amended by inserting after section 48c the following section:- " 49. Removal of cancelled, surrendered or forfeited license to another locality without calling for public tenders. (1) Any person who- (a) is not disqualified by this Act from holding a licensed victualler 's license; (b) proposes to erect and maintain on a particular site in the State the premises of a licensed victualler; and (c) considers that special circumstances exist, including the location of the site, making it inappropriate that public tenders be required to be called for the removal of a licensed victualler's license to such premises proposed to be erected on the site

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 405 may apply to the Licensing Court for- (i) the removal of a cancelled, surrendered or forfeited licensed victualler's license to the premises proposed to be erected on the site in question; and (ii) a declaration that, having regard to all the circumstances, the application of the provisions of sections 48, 48A, 48B and 48c is inappropriate in the case of such removal. (2) The application for removal shall contain or be accompanied by such particulars as are prescribed. (3) The Registrar shall refer the application to the Commission for its consideration as soon as practicable after it is received, and the Commission shall consider the application and make its recommendation in relation thereto to the Licensing Court. (4) The Licensing Court, upon considering the application and the recommendation of the Commission, and if satisfied that, having regard to all the circumstances, the application of the provisions of sections 48, 48A, 48B and 48c is inappropriate in the case of such a removal, may declare that, having regard to all the circumstances, the application of the provisions of those sections is inappropriate in the case of the removal in question; and upon such a declaration being made, the provisions of those sections shall not, save as hereinafter provided, be applicable in the case of such removal: Provided that, before making such a declaration, the Licensing Court shall be satisfied that- (a) the applicant is financially capable of erecting and maintaining the premises referred to in subsection (1); and (b) the proposal of the applicant will be beneficial to tourism in the locality where the site is for the proposed erection of the premises. (5) Upon such declaration being made, the Commission shall negotiate with the applicant with a view to making a contract as to the purchase price to be paid by the applicant for the sale of the licensed victualler's license to be removed to the premises proposed to be erected on the site in question and as to specifications and requirements of the Commission concerning the premises to be erected. (6) A contract so negotiated shall not become effective until it has been approved by the Licensing Court. (7) The Commission may require and take security from the applicant for the due performance of the contract made by him with the Commission and, if it does so, the provisions of section 48A (4) apply in respect thereof, and for this purpose the contract negotiated shall be deemed to be the accepted tender and the applicant shall be deemed to be the person whose tender has been accepted. (8) The Licensing Court may determine to remove a licensed victualler's license pursuant to this section- (a) upon the making of the contract referred to in this section and the payment to the Commission of the purchase price for the license; (b) where the Commission requires security under subsection (7), upon the giving of such security; and

406 Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 (c) upon being satisfied that the premises to which it is proposed to remove the license and the accommodation and essential services to be provided in connexion therewith are complete and in good order and condition. (9) Where the Licensing Court has determined to remove a licensed victualler's license pursuant to this section, the Commission shall comply with the requirements of section 48c (2) as if the removal were pursuant to section 48. (10) The provisions of section 48c (3) apply in respect of a removal of a license pursuant to this section.". 23. Amendment of s. 55. Section 55 of the Principal Act is amended by- (a) inserting after the word " license " where twice occurring the words " or booth permit " in each case; (b) in subsection (4), omitting the word " sections " and substituting the word " subsections ". 24. Amendment of s. 60A. Section 60A of the Principal Act is amended by repealing subsections (7) and (8). 25. Amendment of s. 61A. Section 61A of the Principal Act is amended by omitting the word " twenty-one " and substituting the word " eighteen ". 26. Amendment of s. 68C. Section 68c of the Principal Act is amended by- (a) in subsections (2A), (2a) and (4), omitting the words " Licensing Court " wherever occurring and substituting the word " Commission " in each case; (b) omitting subsection (2c) and substituting the following subsection:- " (2c) The Commission may, upon application made in that behalf or of its own motion, cancel or modify as it deems fit any variation made by it under subsection (2A) of the ordinary trading hours.". 27. Amendment of s. 69. Section 69 of the Principal Act is amended by- (a) in subsection (1), omitting the words " Licensing Court " and substituting the word " Commission "; (b) in subsection (2), omitting the words " Licensing Court " where twice occurring and substituting the word " Commission " in each case; (c) inserting the following proviso to subsection (10):- 66 Provided that for the purposes of this subsection the time of ten o'clock after noon occurring in paragraph (b) and paragraph (c) may in either case be extended to twelve midnight by the Commission on application made to it in that behalf by the licensed victualler "; (d) in subsection (13), omitting the term " meal " and its meaning and substituting the following term and meaning:- " " meal " means a substantial meal at which the person partaking thereof is seated at a table;"

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 407 28. Amendment of s. 69A. Section 69A of the Principal Act is amended by- (a) in subsection (1), omitting the first paragraph and substituting the following paragraph:- " For the purpose of enabling suitable festivities to be held on the occasion of Christmas Eve, New Year's Eve, an annual festival, show or rodeo or other prescribed occasion, a licensed victualler or the holder of a limited hotel license may make application to the Commission for the grant of a permit called a festivities permit."; (b) in subsection (2), omitting the words " court or principal officer of police may in its or his " and substituting the words " Commission may in its "; (c) in subsection (3), inserting after the words " granted in respect of any " the words " annual festival, show or rodeo or other ". 29. Amendment of s. 75. Section 75 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " application of a licensed victualler " the words " to the Commission "; (b) omitting subsections (1A), (ls), (lc) and (2) and substituting the following subsections:- " (2) Where an application is made pursuant to subsection (1), it shall particularize the part of the licensed premises in respect of which the permission is sought. (2A) The Commission may grant permission for the use of the part of the licensed premises in question for any of the purposes referred to in subsection (1) and, if it does so- (a) the permission shall be in writing; (b) the permission may be given subject to such terms and conditions as the Commission thinks fit and specifies therein. (23) The Commission may at any time, by notice in writing given to the licensed victualler personally or by post, revoke the permission or vary the terms and conditions thereof in such manner as it thinks fit; and a notice given under this subsection varying terms and conditions shall be deemed to be part of the permission to which it relates. (2c) Notwithstanding section 69, one of the terms and conditions specified by the Commission may, where application is made by the licensed victualler in relation thereto, authorize the sale, supply and consumption of liquor in the part of the licensed premises to which the application therefor relates within such hours as are determined by the Commission."; (c) in subsection (10)- (i) omitting the words " therein specified " and substituting the words " particularized pursuant to subsection (2) "; (ii) inserting after the words " unless the permission of " the words " the Commission or, as the case may be,". 30. Amendment of s. 75A. Section 75A of the Principal Act is amended by omitting the words " a Sunday,".

408 Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 31. Amendment of s. 121. Section 121 of the Principal Act is amended by- (a) in subsection (12)- (i) omitting the word " eight " and substituting the word " six (ii) inserting after the words " twelve midnight " the words " or during any shorter period commencing not earlier than six o'clock after noon and ending not later than twelve midnight "; (b) in subsection (13), omitting the words " one o'clock before noon on the day next following the date on which such function or occasion commenced " and substituting the words " the expiration of one hour after the termination of the period of the said permit ". 32. Amendment of s. 124 . Section 124 of the Principal Act is amended by inserting the following proviso to subsection (1):- Provided, however, that if any alteration of the rules that is proposed will have the effect of changing the original objects or purposes of the licensed club (including qualifications as to membership), a copy of the proposed alteration shall be delivered to the Commission and, if the Commission notifies the secretary of the club that the alteration is not to be adopted, the rules of the licensed club shall not be altered as proposed ". 33. Amendment of s. 125AA. Section 125AA of the Principal Act is amended by omitting the term " Meal " and its meaning and substituting the following term and meaning:- Meal "-A substantial meal at which the persons partaking thereof are seated at a table;". 34. Amendment of s. 125AE. Section 125AE of the Principal Act is amended by- (a) in subsection (2)- (i) inserting after the words " dining room of the restaurant " occurring in paragraph (a) the words " or who have partaken of a meal in such a dining room "; (ii) inserting after the words " according as it is sought " occurring in the final paragraph of the subsection the words ", and liquor sold or supplied in a reception area to a person pursuant to this subsection may be taken by him to the table in the dining room where he intends to partake of a meal "; (b) inserting the following proviso to subsection (4):- '' Provided that for the purposes of this subsection the time of ten o'clock after noon occurring in paragraph (d) and paragraph (e) may in either case be extended to twelve midnight by the Commission on application made to it in that behalf by the licensee "; (c) inserting after subsection (4) the following subsection:- " (4A) Upon the application of a licensee, the Commission may fix hours between which the licensee may sell, supply or serve liquor in his licensed restaurant on a day specified in subsection (4) (f) that are different hours from those specified in the said subsection (4) (f), having regard to the location of the licensed restaurant, but in no case shall a period fixed by the Commission exceed twelve hours in any period of twenty-four hours.

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 409 Where the Commission fixes hours under this subsection, those hours shall for all purposes be taken to be the hours fixed under subsection (4) (f).". 35. Amendment of s. 125AJ. Section 125AJ of the Principal Act is amended by- (a) in subsection (1), omitting the words " prescribed permission and substituting the words " permission of the Commission "; (b) omitting subsections (IA) and (2) and substituting the following subsections:- " (2) Where an application is made pursuant to subsection (1), it shall particularize the part of the licensed restuarant in respect of which the permission is sought. (2A) The Commission may grant permission for the use of the part of the licensed restaurant in question for any of the purposes referred to in subsection (1) and, if it does so- (a) the permission shall be in writing; (b) the permission may be granted subject to such terms and conditions as the Commission thinks fit and specifies therein."; (c) omitting subsection (3) and substituting the following subsections:- " (3) The Commission may at any time, by notice in writing given to the licensee personally or by post, revoke the permission or vary the terms and conditions thereof in such manner as it thinks fit; and a notice given under this subsection varying terms and conditions shall be deemed to be part of the permission to which it relates. (3A) A licensee shall comply in every respect with the terms and conditions subject to which a permission is granted pursuant to this section.". 36. Amendment of s. 125AK. Section 125AK of the Principal Act is amended by, in subsection (2), omitting the words " a Sunday,". 37. Amendment of s. 125AN. Section 125AN of the Principal Act is amended by omitting the expression ", (1) and (m) " and substituting the expression " and (1) ". 38. Amendment of s. 125DB. Section 125DB of the Principal Act is amended by- (a) in subsection (1), omitting the word " one-half " where four times occurring and substituting the word " one " in each case; (b) in subsection (2)- (i) omitting the words " at a time " and substituting the words " during a period "; (ii) omitting all words after the words " aircraft in question " and substituting the words " or friends of such passenger in his company."; (c) in subsection (5), omitting all words after the words " a substantial " and substituting the words " meal at which the persons partaking thereof are seated at a table.". 39. Amendment of s. 125EA. Section 125EA of the Principal Act is amended by omitting the term " Meal " and its meaning and substituting the following term and meaning:- Meal "-A substantial meal at which the persons partaking thereof are seated at a table;".

410 Liquor Act Arndt and Liquor License Fees Adjustment Act 1979, No. 40 40. Amendment of s. 125EE. Section 125EE of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) A cabaret license shall authorize the sale, supply or serving of liquor- (a) on a Sunday (not being New Year's 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.". 41. Amendment of s. 125FA. Section 125FA of the Principal Act is amended by omitting all words after the words " a substantial " and substituting the words " meal at which the persons partaking thereof are seated at a table.". 42. Amendment of s. 125FE . Section 125FE of the Principal Act is amended by, in subsection (2), inserting after paragraph (d) the following paragraph:- 44 (e) to lodgers for consumption by them at poolside areas on the premises and such other areas on the premises as may be approved by the Commission for the purpose on application made in that behalf by the licensee ". 43. New s. 125GEA. The Principal Act- is amended by inserting after section 125GE the following section:- " 125GEA. Permit with respect to varied hours . (1) A function room licensee may make application to the Commission for a permit authorizing him to sell, supply and serve, subject to this Act, liquor at a function and on the day specified in the application during times on that day different from the times during which he is authorized to sell, supply and serve liquor pursuant to his function room license. (2) The application shall be in writing and shall specify, in addition to the matters referred to in subsection (1), the hours during which he desires to sell, supply and serve liquor and the proposed duration of the function. (3) The Commission may in its discretion grant the application subject to the observance by the licensee of such conditions as it attaches to the permit and specifies therein or may refuse to grant the application. (4) A permit if granted- (a) shall be granted in respect of the function and the day specified therein; (b) shall be subject to the observance by the licensee of conditions as aforesaid;

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 411 (c) shall authorize the licensee to sell, supply and serve liquor at the function in question only during the times specified in the permit in that respect; (d) may be revoked at any time by the Commission upon notice given to the licensee.". 44. Amendment of s. 125GF. Section 125GF of the Principal Act is amended by- (a) inserting at the end of subsection (1), after the words " or serve liquor ", the words " or except on the day and during the times on the day on or during which the licensee is authorized by a permit granted under section 125GEA to sell, supply or serve liquor "; (b) in subsection (2), inserting after the words " by his license " the words " or by a permit under section 125GEA "; (c) in subsection (3), inserting after the words " to which the license " the words " or a permit under section 125GEA "; (d) in subsection (4)- (i) inserting after the word " license " where it occurs the first time the words " or a permit under section I25GEA "; (ii) inserting after the word " license " where it occurs the second time the words " or permit ". 45. Amendment of s. 125HA. Section 125HA of the Principal Act is amended by omitting the term " meal " and its meaning and substituting the following term and meaning:- " " meal " means a substantial meal at which the persons partaking thereof are seated at a table;". 46. Amendment of s. 125JA. Section 125JA of the Principal Act is amended by, in the meaning of the term " meal ", omitting the words " consisting of fish and meats other than in sandwich form ". 47. Amendment of s. 125JE. Section 125JE of the Principal Act is amended by inserting the following proviso to subsection (11):- 41 Provided that for the purposes of this subsection the time of ten o'clock after noon occurring in paragraph (d) and paragraph (e) may in either case be extended to twelve midnight by the Commission on application made to it in that behalf by the licensee ". 48. Amendment of s. 125JK . Section 125JK of the Principal Act is amended by- (a) in subsection (1), omitting the words " prescribed permission " and substituting the words " permission of the Commission "; (b) omitting subsections (2), (3), (4), (5) and (6 ) and substituting the following subsections:- " (2) Where an application is made pursuant to subsection (1), it shall particularize the part of the licensed premises in respect of which the permission is sought. (3) The Commission may grant permission for the use of the part of the licensed premises in question for any of the purposes referred to in subsection ( 1) and, if it does so- (a) the permission shall be in writing;

412 Liquor Act Anidt and Liquor License Fees Adjustment Act 1979, No. 40 (b) the permission may be granted subject to such terms and conditions as the Commission thinks fit and specifies therein. (4) The Commission may at any time, by notice in writing given to the licensee personally or by post, revoke the permission or vary the terms and conditions thereof in such manner as it thinks fit; and a notice given under this subsection varying terms and conditions shall be deemed to be part of the permission to which it relates.". 49. Amendment of s. 125JL. Section 125JL of the Principal Act is amended by, in subsection (2), omitting the words " a Sunday,". 50. New Part VIL. The Principal Act is amended by inserting after section 125KI the following heading and sections:- " PART VIL-TOURIST PARK LICENSES 125LA. Tourist park. For the purposes of this Part, a tourist park is an area developed for the attraction of tourists, providing substantial and suitable entertainment for the public to the satisfaction of the Commission, and having a public entertainment area of not less than two hectares exclusive of parking facilities. 125LB. Power to grant tourist park licenses. (1) The Licensing Court may, from time to time, grant tourist park licenses under and subject to this Part. (2) The Licensing Court may grant a tourist park license only in respect of a tourist park having or to have- (a) liquor outlets within the park built to a standard acceptable to the Licensing Court and that are, where practicable, of a style that accords with the general style of the park; and (b) such food outlets within the park as meet the requirements of the Licensing Court. (3) The Licensing Court, in granting a tourist park license, shall determine the number of liquor outlets the tourist park is to have and their location within the park.". 51. New ss. 125LC and 125LD. The Principal Act is amended by inserting after section 125Li3 as inserted by this Act the following sections: - ,, 125LC. Application for tourist park license . (1) A person who desires to obtain a tourist park license shall make application in the prescribed form to the Licensing Court. (2) An application shall set out the name, calling and place of abode of the applicant, the place at which the tourist park in respect of which such license is being sought is or is to be situated and the use to which the tourist park is being or to be put, and shall include or be accompanied by such plans and further information and particulars as are prescribed or as the Executive Officer requires. (3) An application shall be accompanied by the prescribed fee. 1251.1). Public notice of application . (1) The Registrar shall give public notice of an application for a tourist park license at the time or times and in the manner prescribed.

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 413 (2) Before granting a tourist park license, the Licensing Court shall hear and consider objections, if any, made personally or by petition to the Licensing Court by- (a) the Local Authority of the city, town or shire in which the tourist park to which the application relates is, or is to be, situated; (b) an elector of the district in which the tourist park to which the application relates is, or is to be, situated; (c) the owner or licensee of licensed victualler's premises in the locality of the site whereon the tourist park to which the application relates is, or is to be, situated. (3) An objection to the granting of a tourist park license may be upon any one or more of the grounds that might be taken pursuant to section 122 where an application is one for a license under Part VI.". 52. New ss . 125LE, 125LF and 125LG . The Principal Act is amended by inserting after section 125LD as inserted by this Act the following sections:- ,, 125LE. Effect of tourist park license. A tourist park license shall, subject to this Act, authorize the licensee to sell and supply liquor at the liquor outlets in the tourist park that are specified in the license for consumption at those outlets. 125LF. Times in relation to sale or supply of liquor . (1) Liquor may not be sold or supplied at any liquor outlet in a tourist park- (a) on Good Friday or Christmas Day at any time; (b) on Anzac Day except between the hours of one o'clock and ten o'clock after noon; (c) on any day other than a day hereinbefore specified. except between the hours of ten o'clock before noon and ten o'clock after noon. (2) Notwithstanding subsection (1), the Licensing Court may, in the case of any particular tourist park, prescribe in the license in question a lesser period or periods during which liquor may be sold or supplied at any liquor outlet than the period or periods .referred to in subsection (1). 125LG. Provisions with respect to limits of liquor outlets. (1) The Licensing Court, in respect of each liquor outlet it determines a tourist park is to have, shall define the area in the park constituting the liquor outlet and the means or method by which the outlet shall be marked out. (2) Those areas defined as constituting liquor outlets shall he licensed premises. (3) A licensee shall cause the words " Liquor Outlet " to he prominently displayed at or near the entrance to each liquor outlet so as to be at all times clearly legible at a distance of not less than 6 metres to persons who are in the act of entering that outlet by means of such entrance.".

414 Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 53. New ss. 125LH, 125LI and 125LJ. The Principal Act is amended by inserting after section 125LG as inserted by this Act the following sections:- " 125LH. Conditions applicable to tourist park licenses. (1) The Governor in Council may from time to time prescribe conditions to which tourist park licenses shall be subject. (2) Such conditions may be prescribed to apply generally to all tourist park licenses or to a particular tourist park license. (3) Upon granting a tourist park license, the Licensing Court may specify conditions, not inconsistent with this Act, to which such license shall be subject. (4) Without restricting the power of the Licensing Court to specify conditions under subsection (3), such conditions may be specified in relation to- (a) the duties and obligations of the licensee; (b) the fittings, furniture, equipment, accommodation and other amenities of the liquor outlets whereat liquor is authorized to be sold or supplied; - (c) the persons to whom liquor may be lawfully sold or supplied pursuant to the license; (d) the persons who may lawfully consume liquor at liquor outlets ; (e) the manner in which liquor may be lawfully sold or supplied pursuant to the license; (f) the cancellation, forfeiture or suspension of the license. (5) The Licensing Court may, from time to time, vary the number and location of liquor outlets determined by it in relation to the issue of a license and add to or otherwise vary the conditions for the time being specified in relation to a license. 125LI. Permit with respect to varied hours. (1) A licensee under this Part may make application to the Commission for a permit authorizing him to sell and supply, subject to this Act, liquor at a function, within the licensed area and on the day specified in the application during times on that day different from the times during which he is authorized to sell and supply liquor pursuant to his tourist park license. (2) The application shall be in writing and shall specify, in addition to the matters referred to in subsection (1), the hours during which he desires to sell and supply liquor and the proposed duration of the function. (3) The Commission may in its discretion grant the application subject to the observance by the licensee of such conditions as it attaches to the permit and specifies therein or may refuse to grant the application. (4) A permit if granted- (a) shall be granted in respect of the function, the licensed area and the day specified therein; (b) shall be subject to the observance by the licensee of conditions as aforesaid;

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 415 (c) shall authorize the licensee to sell and supply liquor at the function in question only during the times specified in the permit in that respect; (d) may be revoked at any time by the Commission upon notice given to the licensee. 125LJ . Offences . (1) A licensee under this Part shall not- (a) keep his licensed premises in the tourist park open for the sale or supply of liquor or sell or supply liquor or permit liquor to be consumed in the licensed premises in the tourist park except during the periods when he is authorized to sell and supply liquor; (b) sell or supply liquor or permit liquor to be consumed in any part of the tourist park other than a liquor outlet. (2) A licensee under this Part who contravenes or fails to comply with a condition to which the license or a permit under section 125L1 is, for the time being, subject is guilty of an offence against this Act. (3) Any person who is found consuming liquor- (a) in licensed premises in a tourist park during any day or time or on any occasion during or on which the sale and supply of liquor is not authorized by this Part or under the license or a permit under section 125L1; or (b) on any part or parts of a tourist park other than a liquor outlet is guilty of an offence against this Act. (4) Any person who carries away liquor of any kind from a liquor outlet is, unless he proves that the liquor was in his possession before he entered the liquor outlet, guilty of an offence against this Act. This subsection has no application in the case of a carrier, delivery man or other person collecting liquor from a liquor outlet in the ordinary course of business.". 54. Amendment of s. 131. Section 131 of the Principal Act is amended by inserting after the words " retail, and the license " the words " or permit ". 55. Amendment of s. 133. Section 133 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " by any person not licensed " the words " or permitted "; (b) in subsection (2), inserting after the words " without having a license " the words " or permit ". 56. Amendment of s. 134A. Section 134A of the Principal Act is amended by, in subsection (1), omitting the word " license " where four times occurring and substituting the word " permit " in each case. 57. Amendment of s. 134B. Section 134E of the Principal Act is amended by omitting the word " license " where three times occurring and substituting the word " permit " in each case.

416 Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 58. Amendment of s. 134C. Section 134c of the Principal Act is amended by omitting the word " license " and substituting the word permit ". 59. Amendment of s. 134D. Section 134D of the Principal Act is amended by omitting the word " license " where twice occurring and substituting the word " permit " in each case. 60. Amendment of s. 134E. Section 134E of the Principal Act is amended by omitting the word " license " and substituting the word permit ". 61. Amendment of s. 134F. Section 134F of the Principal Act is amended by, in subsection (1), omitting the word " license " and substituting the word " permit ". 62. Amendment of s. 166B . Section 166B of the Principal Act is amended by, in subsection (3) (i), omitting the words " under or ". 63. Amendment of s. 166C. Section 166c of the Principal Act is amended by, in subsection (3) (i), omitting the words " under or ". 64. Amendment of s. 166D . Section 166D of the Principal Act is amended by, in subsection (3) (i), omitting the words " under or ". 65. New s. 166E. The Principal Act is amended by inserting after section 166n the following section:- " 166E . Sporting body permits . (I) The Commission, upon application in the prescribed form made to it in that behalf by any person on behalf of any sporting body approved by it and upon payment of the prescribed fee, may in its discretion grant to the applicant a permit (in this section called a " sporting body permit ") for the sale and supply of liquor at a meeting or gathering or meetings or gatherings of the sporting body in question, subject to the provisions hereinafter contained. (2) An applicant shall state in his application the name of the sporting body on behalf of which he is making the application and particulars of the meeting or gathering or meetings or gatherings with respect to which the application is made, and he shall include in the application or otherwise furnish to the Commission such other information as is prescribed or as the Commission requires. (3) The Commission shall not grant a sporting body permit to any person on behalf of a sporting body unless it is satisfied that the premises in respect of which the application is made are so constructed and situated and have such amenities and facilities as to be suitable as premises whereon liquor may be supplied and consumed in conjunction with the meeting or gathering or meetings or gatherings with respect to which the application is made, having regard to the facilities that might reasonably be expected to he provided for purposes as aforesaid in the locality in question. (4) A sporting body permit- (i) shall be in or to the effect of the prescribed form; (ii) shall be subject to the observance by the holder thereof of such conditions as the Commission imposes and as are specified therein;

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 417 (iii) shall apply only in respect of the meeting or gathering and the premises and between the hours specified therein or, where the permit is granted in respect of a period of time to include a number of meetings or gatherings of the sporting body, shall apply only in respect of the meetings or gatherings specified therein. whether by reference to the particular meetings or gatherings or the days on which they are to be held, and in respect of the premises and between the hours specified therein for the meetings or gatherings in question; (iv) shall not be granted in respect of licensed premises; (v) may be revoked by the Commission at any time upon notice to the person to whom it was granted; (vi) while it remains in force and for so long as the provisions of this section and the conditions specified in such permit are complied with, shall be lawful authority for the sale and supply by the person to whom it was granted and for the consumption by members of the sporting body in question and their guests bona fide attending the meeting or gathering or meetings or gatherings of liquor on the premises concerned between the hours specified therein and, where the permit is granted in respect of a period of time to include a number of meetings or gatherings of the sporting body, on the occasions of the meetings or gatherings specified therein, whether by reference to the particular meetings or gatherings or the days on which they are to he held. (5) Hours specified in a permit as hours between - which liquor may be sold or supplied subject to this section and the conditions of the permit- (i) shall be such as provide a period that does not exceed three hours in respect of any meeting or gathering; (ii) may, where the permit is granted in respect of a period of time to include a number of meetings or gatherings, be hours that differ from one meeting or gathering to another. (6) Where a permit is granted by the Commission in respect of a period of time to include a number of meetings or gatherings of the sporting body in question- (i) such period of time shall not exceed three months; (ii) a separate application fee shall he payable with respect to each month or part thereof of the period applied for. (7) A person- (i) shall not supply or serve liquor to any person under the age of 18 years at a meeting or gathering in respect of which a sporting body permit has been granted: (ii) shall not supply or serve liquor to any person at such a meeting or gathering who is or appears to he intoxicated :

418 Liquor Act Arndt and Liquor License Fees Adjustment Act 1979, No. 40 (iii) under the age of 18 years shall not consume liquor at such a meeting or gathering; (iv) other than the person to whom a sporting body permit has been granted or a person acting on his behalf and under his authority, shall not bring liquor on to premises in respect of which a sporting body permit has been granted on any occasion or occasions with respect to which the permit has been granted; (v) shall not consume liquor sold, supplied or served to him at a meeting or gathering in respect of which a sporting body permit has been granted elsewhere than on the premises on which such meeting or gathering is being held or at any time other than between the hours specified therefor in such permit. i (8) (a) The person to whom a sporting body permit has been granted or, if such person is not in attendance at a meeting or gathering in respect of which the permit has been granted, the person in attendance who is in charge of the conduct of the meeting or gathering on behalf of the sporting body on behalf of which the application for the permit was made, shall remove or cause to be removed from the premises on which such meeting or gathering is being or is about to be held any person who, in the opinion of the person charged with the duty imposed by this subsection, is drunk or offensive to other persons then in attendance at or for such meeting or gathering, and for such purpose may use such force as is required to perform his duty. (b) All police officers are hereby required, on the request of the person charged with the duty imposed by this subsection, to remove or assist in removing the person concerned from such premises and may use such force as is required in so doing. (9) A person shall not have in his possession or under his control liquor- (a) on; or (b) in the vicinity of any premises while a meeting or gathering in respect of which a sporting body permit has been granted is being or is about to be held on those premises or within one hour after the conclusion of such meeting or gathering on those premises unless- (i) in the case prescribed in paragraph (a) of this subsection, he- (A) is the person to whom a sporting body permit was granted in respect of such meeting or gathering or someone acting on behalf of and under the authority of such person; or (B) was sold or supplied with or served such liquor by a person referred to in subparagraph (A); and (ii) in the case prescribed in paragraph (b) of this subsection, he- (A) is a person referred to in subparagraph (A) of paragraph (i) of this subsection; and (B) is carrying such liquor to or away from the premises concerned.

Liquor Act Amdt and Liquor License Fees Adjustment Act 1979, No. 40 419 (10) A person who offends against subsection (9) shall be liable, for a first offence, to a penalty of not more than $20 and not less than $4 and, for a second or subsequent offence, whether against the same or a different provision, to a penalty of not more than $40 and not less than $10. (11) For the purposes of subsection (9), liquor shall be deemed to be in the vicinity of premises if it is shown that such liquor was in the possession or control of any person attending or proceeding to attend or who had attended a meeting or gathering held, being held or about to be held on such premises or that such liquor was consumed or intended for consumption by any person attending such meeting or gathering.".