Liquor Licensing Act 1985 (SA)
Reprint No. 1—15.1.92 Reprint No. 2—17.9.92 Reprint No. 3—1.3.93
Reprint No. 4—1.10.93 | [New Part 5 and Appendices] |
Reprint No. 5—16.6.94 | [New Parts 3, 4, 6 and Appendices] |
Reprint No. 6—3.4.95 | [New Parts 1, 4, 6 and Appendices] |
Reprint No. 7—1.7.95 | [Whole Act replaced] |
Reprint No. 8—1.6.96 | [New Parts 4, 6, 8, 10 and Appendices] |
Reprint No. 9—11.9.97 [Each Part is numbered from page 1. Subscribers to the Consolidation Service will receive complete replacement Parts incorporating amendments to this Act as they come into force.] | [New Parts 1, 2 and Appendices] |
(Reprint No. 9)
SOUTH AUSTRALIA
1. Short title
2. Commencement
3. Repeal
4. Interpretation
5. Non-application of this Act to the sale of liquor in certain cases
6. The Commissioner
7. Inspectors and other officers
8. Delegation
9. Commissioner may collaborate with other liquor licensing authorities
DIVISION 2—THE LICENSING COURT OF SOUTH AUSTRALIA 10. Establishment of Court
11. The Court to be a court of record
12. Constitution of the Court
12A. | Jurisdiction of Court |
13. Division of responsibilities between Commissioner and Court
14. Proceedings before the Commissioner
15. Powers of Commissioner with respect to witnesses and evidence
16. Representation
17. Power of Commissioner to refer questions to the Court
18. Application for review of Commissioner’s decisions
19. Proceedings before the Court
20. Powers with respect to witnesses and evidence
21. Representation
22. Power to award costs
23. Appeal from orders and decisions of the Court
24. Case stated on question of law
25. Licence classes
26. Hotel licence
27. Conditions of hotel licence
28. Residential licence
29. Obligations of residential licence
30. Restaurant licence
31. Conditions of restaurant licence
32. Entertainment venue licence
33. Conditions governing grant, etc., of entertainment venue licence
34. Club licence
35. Conditions as to visitors, etc.
36. Eligibility to hold club licence
37. Retail liquor merchant’s licence
38. Conditions affecting the grant or removal of a retail liquor merchant’s licence
DIVISION 8—WHOLESALE LIQUOR MERCHANT’S LICENCE 39. Wholesale liquor merchant’s licence
40. Conditions of wholesale liquor merchant’s licence
41. Producer’s licence
42. Premises in respect of which a producer’s licence may be granted
43. General facility licence
44. Circumstances in which general facility licence may be granted
45. Limited licence
46. Circumstances in which limited licence may be granted
47. Grant of limited licence to licensee
48. Refusal of limited licence where grant would tend to establish undesirable pattern
49. General condition as to liquor sold for off premises consumption
50. Power of licensing authority to impose conditions
51. Plurality of licences
52. Licence may be held jointly
53. Limitation on grant of licences in respect of the same premises
54. Members of police force not to hold licence, etc.
55. Minors not to hold licence, etc.
56. Form of application
57. Certain applications to be accompanied by plans of premises
58. Certain applications to be advertised
58A. | Additional documentation |
59. Discretion of licensing authority to grant or refuse application
60. Factors to be taken into account when determining whether a person is fit and proper to hold licence
61. Applicant must be fit and proper person
62. Requirements as to premises
63. Grant of Category A licence must be justified by public need
64. Certificate in respect of proposed premises
65. Limited licence not removable
66. Requirements as to premises
67. Removal of Category A licence must be justified by public need
68. Certificate in respect of proposed premises
69. Club and limited licences not transferable
70. Applicant for transfer must be fit and proper person
71. Limitation on sale or assignment of rights under licence
72. Transferee to succeed to certain of transferor’s liabilities and rights
73. Suspension and revocation of licences
74. Surrender of licence
75. Alteration and redefinition of licensed premises
76. Extension of trading area
77. Variation of non-statutory conditions of licence
DIVISION 10—APPROVAL OF MANAGEMENT AND CONTROL 78. Approval of management and control
79. Consent of lessor or owner of premises required in relation to certain applications
80. Devolution of licensee’s rights in certain cases
81. Bankruptcy or winding up of licensee
82. Notice to be given of exercise of rights under this Division
DIVISION 13—RIGHTS OF INTERVENTION AND OBJECTION 83. Rights of intervention
84. Rights of intervention in relation to application for club licence
85. General right of objection
86. Lessor’s special right of objection
86A. | Variation of objections |
87. Licence fee
88. Licence fee where licence granted during the course of a licence period
89. Fee payable on surrender or abandonment of licence
90. Payment of licence fee
91. Deferment of payment of licence fee
92. Commissioner to assess and determine licence fees
93. Estimate by Commissioner on grant of certain licences
94. Power to estimate licence fee where information inadequate
95. Reassessment of licence fee
96. Review of Commissioner’s assessment
97. Recovery by civil process
98. Suspension of licence on non-payment of licence fee
99. Penalty for providing incorrect information
100. Order for payment of money
101. Records of liquor transactions
102. Returns
103. Inquiries into certain arrangements
104. Supervision and management of licensee’s business
105. Approval of corporate management and control
106. Prohibition of profit sharing
107. Contracts for provision of services
108. Supply of liquor to lodgers
109. Record of lodgers
110. Restriction on taking liquor from licensed premises
111. Restriction on consumption of liquor in, and taking liquor from, licensed premises
112. Liquor may be brought onto, and removed from, licensed premises in certain cases
113. Entertainment on licensed premises
114. Complaint about noise, etc., emanating from licensed premises
115. Minors not to be employed to serve liquor in licensed premises
DIVISION 7A—SALE OR SUPPLY TO INTOXICATED PERSONS
115A. | Liquor not to be sold, supplied to intoxicated persons |
116. Name of licensee, etc., to be displayed
117. Copy of licence to be kept on licensed premises
PART 7 MINORS 118. Sale or supply of liquor to minors
119. Areas of licensed premises may be declared out of bounds to minors
119A. | Minors not to enter or remain in certain licensed premises |
120. | Notice to be erected |
121. | Offences relating to minors |
122. | Evidence of age may be required |
123. | Power to require minors to leave licensed premises |
123A. | Minors may not consume or possess liquor in public places |
124. Persons to whom Part applies
125. Cause for disciplinary action
125A. | Disciplinary action |
126. Powers of authorised officers
127. Power to enter and search premises and confiscate liquor
128. Power to refuse entry or remove persons guilty of offensive behaviour
128A. | Power to bar persons on reasonable grounds |
128B. | Orders |
128C. | Power to remove person who is barred |
128D. | Commissioner may review order |
129. Unlawful sale or supply of liquor
130. Consumption on regulated premises
131. Unlawful consumption of liquor
132. Control of consumption, etc., of liquor in public places
133. Penalties
134. Recovery of financial advantage illegally obtained
135. Vicarious liability for offences or misconduct by bodies corporate
136. Evidentiary provision
137. Summary offences
138. Service
139. Immunity from liability of officers
140. Interaction between this Act and other laws governing the sale of liquor
141. Regulations
being
Liquor Licensing Act 1985 No. 42 of 1985
[Assented to 2 May 1985]
as amended by
Liquor Licensing Act Amendment Act 1985 No. 80 of 1985 [Assented to 22 August 1985]
Liquor Licensing Act Amendment Act (No. 2) 1985 No. 94 of 1985 [Assented to 25 October 1985]
Liquor Licensing Act Amendment Act 1986 No. 108 of 1986 [Assented to 18 December 1986]
Liquor Licensing Act Amendment Act 1987 No. 51 of 1987 [Assented to 30 April 1987]
Statutes Amendment (Expiation of Offences) Act 1992 No. 71 of 1992 [Assented to 19 November 1992]
Liquor Licensing (Fees) Amendment Act 1993 No. 50 of 1993 [Assented to 20 May 1993]
Statutes Repeal and Amendment (Places of Public Entertainment) Act 1993 No. 87 of 1993 [Assented to 27 October 1993]
Liquor Licensing (Gaming Machines) Amendment Act 1994 No. 42 of 1994 [Assented to 2 June 1994]
Statutes Amendment (Gaming Supervision) Act 1995 No. 13 of 1995 [Assented to 23 March 1995]
Liquor Licensing (Miscellaneous) Amendment Act 1995 No. 31 of 1995 [Assented to 27 April 1995]
Liquor Licensing (Disciplinary Action) Amendment Act 1996 No. 8 of 1996 [Assented to 4 April 1996]
1 Came into operation 1 July 1985:
Gaz . 6 June 1985, p. 1908.2 Came into operation 1 January 1986: s. 2.
3 Came into operation 18 December 1986:
Gaz . 18 December 1986, p. 1874.4 Came into operation 1 January 1988: s. 2.
5 Came into operation 24 May 1990:
Gaz . 24 May 1990, p. 1404.6 Came into operation 1 March 1993:
Gaz . 18 February 1993, p. 600.7 Came into operation 1 October 1993: s. 2.
8 Came into operation 3 April 1995:
Gaz . 23 February 1995, p. 422.9 Came into operation 16 June 1994:
Gaz . 16 June 1994, p. 1744.10 Came into operation 1 July 1995:
Gaz . 29 June 1995, p. 2972.11 Came into operation 1 July 1995:
Gaz . 29 June 1995, p. 3196.12 Came into operation 1 June 1996:
Gaz . 23 May 1996, p. 2534.
13 Came into operation 11 September 1997: Gaz . 11 September 1997, p. 703.
NOTE:
Asterisks indicate repeal or deletion of text.
Entries appearing in bold type indicate the amendments incorporated since the last reprint.
For the legislative history of the Act see Appendix 1.
An Act to regulate the sale, supply and consumption of liquor; to repeal the Licensing
Act 1967; and for other purposes.
The Parliament of South Australia enacts as follows:
1. This Act may be cited as theLiquor Licensing Act 1985 .
2. (1) This Act shall come into operation on a day to be fixed by proclamation.
(2) The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.
3. TheLicensing Act 1967 is repealed.
4. (1) In this Act, unless the contrary intention appears—"
the appointed day " means the day on which theLicensing Act 1967 is repealed by this Act;"
assessment period " means a period of 12 months commencing on the first day of July in oneyear and ending on the thirtieth day of June in the next;
"
authorised trading hours ", in relation to a licence, means the hours during which the sale ofliquor is authorised by the licence;
"
beer " means beer, ale, lager, stout or liquor of any other kind produced by brewing;"
Boxing Day " means the day immediately following Christmas Day;"
Category A licence " means a licence of any of the following classes:
hotel licence; | |
retail liquor merchant’s licence; | |
wholesale liquor merchant’s licence; | |
entertainment venue licence; | |
general facility licence; |
"
Category B licence " means a licence of any of the following classes:
club licence; | |
producer’s licence; | |
residential licence; | |
restaurant licence; | |
limited licence; |
"
Commissioner " means the Liquor and Gaming Commissioner;"
council " means a municipal or district council;"
the Court " means the Licensing Court of South Australia;"
designated dining area ", in relation to licensed premises, means a part of the licensedpremises designated in the licence as a dining area;
"
designated reception area ", in relation to licensed premises, means a part of the licensedpremises designated in the licence as a reception area;
"
director " of a body corporate means a member of the board or committee of management ofthe body corporate;
"
Easter Saturday " means the Saturday immediately following Good Friday;"
entertainment " means a dance, performance, exhibition or event (including a sporting contest)calculated to attract and entertain members of the public;
"
function " means a gathering, occasion or event at which it is proposed that liquor be sold orsupplied to those present;
"
gross turnover ", in relation to a licence, means the gross proceeds derived by the licenseefrom the sale of liquor in pursuance of the licence;
"
inspector " means an inspector of licensed premises appointed for the purposes of this Act;"
Judge " means the Licensing Court Judge or some other Judge invested with authority toexercise the jurisdiction of the Court;
"
licence " means a licence under this Act;"
licence fee " includes a fee payable on surrender or revocation of a licence;"
licence period ", in relation to a licence, means each calendar year during which, or during anypart of which, the licence is in force;
"
licensed person " or "licensee " means a person who holds a licence (including a temporary licence) under this Act and includes a person who is authorised under section 80 or 81 to carry on business in pursuance of a licence as if he were the licensee;"
licensed premises " means premises in respect of which a licence is in force (being premisesidentified and delimited in the licence);
"
licensing authority " means—
in relation to a matter that is, in pursuance of this Act, to be determined by the Court—the Court; | |
in relation to any other matter—the Commissioner; |
"
the Licensing Court Judge " means a District Court Judge designated by proclamation as theLicensing Court Judge;
"
liquor " means a beverage which at 20° Celsius contains more than 1.15 per cent alcohol by volume and includes any substance declared by regulation to be liquor for the purposes of this Act;"
liquor merchant " means—
a person who holds a licence under this Act (except a person holding only a limited licence); or | |
a person who is authorised under the law of another State, or a Territory, of the Commonwealth to sell liquor; |
"
live entertainment " means—
a dance or other similar event at which a person is employed to play music (whether live or pre-recorded); or | |
a performance at which the performers, or at least some of the performers, are present in person; |
"
low alcohol liquor " means liquor in which the concentration of alcohol does not exceed alevel fixed by regulation;
"
meal " means a genuine meal eaten by a person while seated at a table;"
packaged liquor " means liquor in sealed containers for consumption off licensed premises;"
party " to proceedings includes an intervenor or an objector;"
premises " includes—
land; | |
a ship, train, vehicle or aeroplane; | |
a part of premises; |
"
prescribed premises " means—
licensed premises; or | |
regulated premises; or | |
premises of a kind declared by regulation to be prescribed premises, |
and includes areas appurtenant to any such premises;
"
public place " means a place (not being licensed premises) to which the public has access(whether or not admission is obtained by payment of money);
"
reception " includes a convention, conference or similar function at which people gather in substantial numbers for a particular purpose (but of which the consumption of liquor is not the sole or predominant purpose);"
records " means—
books, papers or documents; or | |
microfilm records; or | |
the contents (in an intelligible form) of records that are kept by a computer or other similar device; or | |
records of a kind declared by regulation to be records to which this definition applies; |
"
regulated premises " means unlicensed premises consisting of—
a restaurant, cafe or shop; or | ||||||
an amusement parlour or amusement arcade; or | ||||||
a place of public entertainment (being a building or a roofed enclosure)— | ||||||
| ||||||
premises of a prescribed kind; |
"
related body corporate ", in relation to a body corporate, means a body corporate that is,within the meaning of the
Companies (South Australia) Code , related to that body corporate;"
relevant assessment period ", in relation to a licence period, means the assessment periodending on the thirtieth day of June last preceding the commencement of that licence period;
"
the repealed Act " means theLicensing Act 1967 repealed by this Act;"
retail licence " means a licence of any of the following classes:
hotel licence; | |
retail liquor merchant’s licence; | |
residential licence; | |
entertainment venue licence; | |
restaurant licence; | |
club licence (not being a restricted club licence); | |
general facility licence (not being a wholesale licence); |
"
to sell " includes—
to barter or exchange; | |
to offer or expose for sale, barter or exchange; | |
to supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; | |
to supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain; |
"
ship " includes a boat or vessel;"
spirits " means liquor of any kind produced by distillation;"
unlicensed person " means a person who does not hold a licence under this Act;"
unlicensed premises " means premises in respect of which a licence is not in force under thisAct;
"
wholesale licence " means a licence of any of the following classes;
wholesale liquor merchant’s licence; | |
producer’s licence; | |
general facility licence under which the licensee sells liquor wholly or predominantly to liquor merchants; |
"
wine " includes mead, cider, perry and any other fermented liquor produced from fruit,vegetables, berries or honey.
(2) For the purposes of this Act—
a person shall be regarded as a lodger in licensed premises at a particular time if, and only if— | ||||||
| ||||||
none of the following persons is a lodger: | ||||||
|
(3) 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—
for admission to the premises in which the liquor is supplied; or | |
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. |
(4) 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 per cent of the quantity so prescribed.
(5) For the purposes of this Act, a person occupies a position of authority in a body corporate
if—
he is a director of the body corporate; | |
he 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; | |
he manages, or is to manage, the business of the body corporate to be conducted in pursuance of a licence; | |
where the body corporate is a proprietary company—he is a shareholder in the body corporate. |
(6) A reference in any Act or instrument to the Superintendent of Licensed Premises or an Assistant Superintendent of Licensed Premises shall, where the context admits, be read as a reference to the Commissioner.
5. This Act does not apply to the sale of liquor—
where the liquor is sold for medicinal purposes— | ||||
| ||||
where the liquor is sold to a religious organisation or a representative of a religious organisation for sacramental or other similar religious purposes; or | ||||
where the 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 | ||||
where the liquor is sold in Parliament House by the proper authority; or | ||||
where the liquor is an allowance supplied by the master of a ship to a member of the ship’s crew; or | ||||
where the sale is exempted by the regulations from the application of this Act. |
(2) The Commissioner is to be an officer of the Public Service.
(3) The Commissioner is responsible to the Minister for the administration of this Act.
7. (1) There shall be—
such inspectors as are necessary to ensure— | ||||
| ||||
such other officers as are necessary to assist the Commissioner in the administration of this Act. |
(2) The inspectors and other officers are Public Service employees.
(3) The Commissioner must provide each inspector with a certificate of identity and an inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise, powers under this Act, produce that certificate.
(2) A delegation under this section—
may be absolute or conditional; and | |
does not derogate from the power of the Commissioner to act personally in any matter; and | |
is revocable at will. |
authorities vested with the administration of liquor licensing laws in other States and Territories of the Commonwealth; and | |
any other authorities that may require the information for the purpose of discharging duties of a public nature. |
10. There shall be a court entitled the "Licensing Court of South Australia".
11. The Court is a court of record.
12. (1) The Court shall be constituted of—
the Licensing Court Judge; or | |
some other District Court Judge who is invested with authority to exercise the jurisdiction of the Court. |
(2) The Governor may, by proclamation—
designate a District Court Judge as the Licensing Court Judge; | |
invest such other District Court Judges as he thinks fit with authority to exercise the jurisdiction of the Court; | |
vary or revoke a proclamation under this section. |
(3) A proclamation under subsection (2)
12A. The Court has the jurisdiction conferred on it by this Act or any other Act.
the Court shall determine the following matters: | ||||||||||||
| ||||||||||||
all other matters shall, subject to this Act, be heard and determined by the Commissioner. |
14. In proceedings under this Act, the Commissioner—
shall act without undue formality; and | |
is not bound by the rules of evidence but may inform himself on any question that arises for his decision in such manner as he thinks fit. |
15. (1) The Commissioner may—
by summons, require any person to attend before the Commissioner at a time and place specified in the summons for the purpose of giving evidence relevant to proceedings before the Commissioner; | |
by summons, require the production of records; | |
inspect records produced before him, and take copies of, or extracts from, them; | |
require any person appearing before him to take an oath or affirmation verifying evidence given, or to be given, to the Commissioner; | |
require any person appearing before him to answer a question put to him by the Commissioner or some other person. |
(2) A person who—
having been served with a summons to attend before the Commissioner fails, without reasonable excuse, to attend in obedience to the summons; or | |
having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or | |
refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Commissioner, |
shall be guilty of an offence and liable to a penalty not exceeding $2 000.
16. (1) A party to proceedings before the Commissioner may appear in those proceedings—
personally; or | |
by counsel; or | |
if the party is a member of a genuine association formed to promote or protect the interests of a section of the liquor industry, or employees in the liquor industry—by an officer or employee of that association; or | |
if the party is a body corporate—by an officer or employee of the body corporate who has obtained leave of the Commissioner to appear on its behalf. |
(2) The Commissioner of Police may be represented in proceedings before the Commissioner by a member of the police force.
17. The Commissioner may refer—
any proceedings that, in the opinion of the Commissioner, involve questions of substantial importance; or | |
any question of law that arises in proceedings before him, |
for hearing and determination by the Court.
(2) Where a decision of the Commissioner relates to a subject on which the Commissioner is invested by a provision of this Act with a discretion described in that provision as an absolute discretion, the decision, insofar as it was made in pursuance of that discretion, is not reviewable by the Court.
(3) An application for review of a decision of the Commissioner must be made within 1 month after the party receives notice of the decision or such longer period as the Court may allow.
(4) A review under this section shall be in the nature of a rehearing except where the review relates to the assessment or reassessment of a licence fee by the Commissioner, in which case the onus lies upon the applicant for the review to establish that the assessment or reassessment is incorrect.
(5) On a review under this section, the Court may—
affirm, vary or quash the decision subject to the review; and | |
make any decision that should, in the opinion of the Court, have been made in the first instance; and | |
make any incidental or ancillary order. |
(6) For the purposes of this section, the transferor of a licence is a party to any proceedings relating to the transfer of the licence.
19. In proceedings before the Court (whether under this Act or any other Act) the Court—
shall act without undue formality; and | |
is not bound by the rules of evidence but may inform itself on any matter that arises for its decision in such manner as it thinks fit. |
20. (1) The Court may—
by summons, require any person to attend before the Court at a time and place specified in the summons for the purpose of giving evidence relevant to proceedings before the Court; | |
by summons, require the production of records; | |
inspect records produced before it, and take copies of, or extracts from, them; | |
require any person appearing before it to take an oath or affirmation verifying evidence given, or to be given, to the Court; | |
require any person appearing before it to answer a question put to him by the Court or some person appearing before the Court. |
(2) A person who—
having been served with a summons to attend before the Court fails, without reasonable excuse, to attend in obedience to the summons; or | |
having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or | |
refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Court, |
shall be guilty of an offence and liable to a penalty not exceeding $2 000.
(3) A summons under this section may be issued on behalf of the Court, on the application of any party to proceedings before the Court, by—
a Judge; or | |
the Commissioner. |
21. (1) A party to proceedings before the Court may appear in those proceedings—
personally; or | |
by counsel; or | |
if the party is a member of a genuine association formed to promote or protect the interests of a particular section of the liquor industry, or employees in the liquor industry—by an officer or employee of that association; or | |
if the party is a body corporate—by an officer or employee of the body corporate who has obtained leave of the Court to appear on the body corporate’s behalf. |
(2) The Commissioner of Police may be represented in proceedings before the Court by a member of the police force.
(2) No appeal lies against an order or decision of the Court made on—
a review of a decision of the Commissioner under this Act; or | |
an appeal against an order or decision of the Commissioner under the |
(3) An appeal must be instituted within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.
(4) An appeal under this section shall be heard and determined by the Full Court.
(5) On an appeal under this section, the Supreme Court may—
affirm, vary or quash the order or decision subject to the appeal; | |
make any order or decision that should, in the opinion of the Supreme Court, have been made in the first instance; | |
remit the subject matter of the appeal for further hearing by the Court; | |
make any incidental or ancillary order. |
24. (1) The Court 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 the Full
Court.
25. Licences under this Act are of the following classes:
hotel licence; | |
residential licence; | |
restaurant licence; | |
entertainment venue licence; | |
club licence; | |
retail liquor merchant’s licence; | |
wholesale liquor merchant’s licence; | |
producer’s licence; |
(i) general facility licence;
limited licence. |
26. (1) Subject to this section, a hotel licence authorises the licensee—
to sell liquor on the licensed premises for consumption on or off the licensed premises— | ||||||||||
| ||||||||||
if a late night permit is in force in relation to the licensed premises—to sell liquor in a part of the licensed premises defined in the permit for consumption in that part of the licensed premises at any time between midnight and 5 a.m. on any day (except Monday, Good Friday, Easter Saturday, Christmas Day or Boxing Day), being a time at which live entertainment is being provided in that part of the licensed premises; | ||||||||||
to sell liquor at any time on the licensed premises to a lodger for consumption on the licensed premises; | ||||||||||
to sell liquor at any time on the licensed premises to a lodger for consumption off the licensed premises in quantities not exceeding such as might reasonably be consumed by the lodger on the day on which the liquor is supplied; | ||||||||||
to sell liquor at any time in a designated dining area to a diner for consumption in that area with or ancillary to a meal provided by the licensee in that area; | ||||||||||
to sell liquor at any time in a designated reception area to a person attending a reception for consumption in that area. |
(2) A licensee who is exempt from the obligation to provide accommodation is not authorised to sell liquor to a lodger under subsection (1)
(3) A licensee is not authorised to sell liquor under subsection (1)
(4) If the licensing authority is satisfied on the application of a licensee who holds a hotel
licence—
that the premises to which the licence relates are of an exceptionally high standard; and | |
that the operation of a late night permit in respect of the licensed premises would be unlikely to result in undue offence, annoyance, disturbance, noise or inconvenience, |
it may, by endorsement on the licence, grant a late night permit in respect of the licensed premises.
(5) The trading rights referred to in subsection (1)
(6) A late night permit becomes part of the licence to which it relates and its conditions are conditions of the licence.
27. (1) Subject to this section, a hotel licence is subject to the following conditions:
the licensee must keep the licensed premises open to the public for the sale of liquor on every day (except Good Friday, Christmas Day or Sunday) between 11 a.m. and 8 p.m.; | |
the licensee must provide accommodation for a member of the public on request; | |
the licensee must provide a meal, at the request of a lodger, on any day between 8 a.m. and 9.30 a.m. or between 6 p.m. and 8 p.m.; | |
the licensee must provide a meal, at the request of a member of the public, on any day (except Sunday) between noon and 2 p.m. or between 6 p.m. and 8 p.m.; | |
the licensee must provide a meal, at the request of a member of the public, on a Sunday between noon and 2 p.m. or between 6 p.m. and 8 p.m. if the licensed premises are then open for the sale of liquor; | |
if a late night permit is in force in relation to the licensed premises—the licensee must maintain the licensed premises (so far as they are covered by the late night permit) so as to ensure that they do not cease to be of an exceptionally high standard. |
(2) A licensee is not obliged by a condition under subsection (1) to provide a meal or accommodation at the request of a person if—
that person appears to be intoxicated; or | |
the licensee has reasonable cause to believe that that person cannot, or will not, pay for the meal or accommodation; or | |
the licensee has undertaken prior obligations to provide meals or accommodation and is unable, by reason of those obligations, to comply with the request; or | |
some other proper reason exists. |
(3) If the licensing authority is satisfied—
that there is no significant need for accommodation in the locality in which the premises to which a hotel licence applies are situated; or | ||||
that— | ||||
|
the licensing authority may exempt the licensee from the obligation to provide accommodation.
to a lodger for consumption on the licensed premises; | |
to a lodger for consumption off the licensed premises in quantities not exceeding such as might reasonably be consumed by the lodger on the day on which the liquor is supplied; | |
to a diner for consumption in a designated dining area with or ancillary to a meal provided by the licensee; | |
to a person attending a reception for consumption in a designated reception area. |
(2) A licensee is not authorised to sell liquor under subsection (1)
29. (1) A residential licence is subject to the following conditions:
the licensee must provide accommodation for a member of the public on request; | |
the licensee must provide a meal, at the request of a lodger, on any day between 8 a.m. and 9.30 a.m. or between 6 p.m. and 8 p.m. |
(2) A licensee is not obliged by a condition under subsection (1) to provide a meal or accommodation at the request of a person if—
that person appears to be intoxicated; or | |
the licensee has reasonable cause to believe that that person cannot, or will not, pay for the meal or accommodation; or | |
the licensee has undertaken prior obligations to provide meals or accommodation and is unable, by reason of those obligations, to comply with the request; or | |
some other proper reason exists. |
(2) A restaurant licence granted subject to the endorsement "B.Y.O." authorises the consumption of liquor on the licensed premises with or ancillary to a meal provided by the licensee but not the sale of liquor.
31. A restaurant licence is subject to the following conditions:
a condition that the business conducted at the licensed premises must consist primarily and predominantly of the regular supply of meals to the public; | |
a condition that liquor must not be consumed on the licensed premises except with or ancillary to a meal. |
32. (1) Subject to this section, an entertainment venue licence authorises the licensee—
to sell liquor at any time to a diner for consumption on the licensed premises, in a designated dining area, with or ancillary to a meal provided by the licensee; | |
to sell liquor on the licensed premises for consumption on the licensed premises at any time between 9 p.m. of one day and 5 a.m. of the next, being a time at which live entertainment is being provided on the licensed premises. |
(2) The sale of liquor is not authorised under subsection (1)
(b) at any time falling between—
9 p.m. on Sunday and 5 a.m. on the following Monday; | |
9 p.m. on Christmas Day and 5 a.m. on the following day; | |
9 p.m. on Maundy Thursday and 5 a.m. on Good Friday; | |
9 p.m. on Good Friday and 5 a.m. on Easter Saturday. |
(3) The trading rights referred to in subsection (1)
that the premises are of an exceptionally high standard; and | |
that the grant or removal of the licence is unlikely to result in undue offence, annoyance, disturbance, noise or inconvenience. |
(2) An entertainment venue licence is subject to the following conditions:
a condition that the licensee must maintain the premises so as to ensure that they do not cease to be of an exceptionally high standard; and | ||||
a condition that liquor must not be consumed on the licensed premises except— | ||||
|
(2) Club licences are divided into 2 categories, namely—
restricted club licences—that is to say, club licences that are subject to a condition requiring that all liquor acquired for sale or supply in pursuance of the licence be purchased from a licensee who holds either a hotel licence or retail liquor merchant’s licence; and | |
unrestricted club licences—that is to say, club licences that are subject to no such condition. |
(3) Where, under the condition referred to in subsection (2)
from a licensee whose licensed premises are in the vicinity of the club premises and who is nominated by the licensing authority; or | |
from a licensee who is a member of a group of licensees nominated by the licensing authority in relation to the club licence. |
(4) A group of licensees constituted for the purposes of subsection (3) shall consist of those who hold hotel licences or retail liquor merchants’ licences in respect of premises in the vicinity of the club premises or, where there is no such licensee or so few that the club’s choice of supplier would be unreasonably restricted if confined to them alone, the group shall consist of such licensees as are nominated for the purpose by the licensing authority.
(5) Notwithstanding subsection (1)—
a club licence held by any of the following clubs, namely: | ||||||||||||
| ||||||||||||
authorises the sale of liquor to a member of the club or a visitor in the presence of a member at any time; | ||||||||||||
where a club held a licence under the repealed Act authorising the club to sell liquor to a member for consumption off the premises of the club, a club licence held by the club under this Act shall confer the same authorisation; | ||||||||||||
where the licensing authority is satisfied on the application of a licensed club that the members of a club cannot, without great inconvenience, obtain supplies of packaged liquor from a source other than the club, it may, by endorsement on the licence, authorise the sale of liquor to members of the club for consumption off the premises of the club; | ||||||||||||
where the licensing authority is satisfied on the application of a licensed club that is also the holder of a gaming machine licence under the |
(6) In this section—
"
ordinary hotel authorised trading hours " means—
on any day (not being Good Friday, Christmas Day or Sunday), between 5 a.m. and midnight; | |
on Sunday (not being Christmas Day or New Year’s Eve), between 11 a.m. and 8 p.m.; | |
on Christmas Day, between 9 a.m. and 11 a.m.; | |
on New Year’s Eve (being a Sunday), between 11 a.m. and midnight; | |
on New Year’s Day, between midnight and 2 a.m. (in addition to the trading hours permitted under paragraph |
35. (1) A club licence is subject to the following conditions:
liquor must not be supplied to a visitor unless the visitor is in the company of a member who has entered the name of the visitor in a book kept for the purpose and has signed his name opposite the name of the visitor; and | |||||
no member of the club may, on any one day, introduce more than 5 visitors to the club premises (or such lesser number as may be fixed by the licensing authority); and | |||||
the club must ensure that its rules, as approved by the licensing authority, are observed; and | |||||
|
(2) The conditions referred to in paragraphs
(2) If, in the opinion of the licensing authority, the grant of a restricted club licence to an unincorporated club is appropriate in view of the size or nature of the club, then—
such a licence may be granted to the club; and | |
the licence shall, in that event, be held, on behalf of the club, by a trustee appointed for the purpose. |
(3) A licence granted to a club on an application for a club licence must be, in the first instance, a restricted club licence, and a club is not eligible to be granted such a licence unless—
it has been in existence and has been actively pursuing its objects for a period of at least 12 months; and | |
it has, at the times when the right to sell liquor in pursuance of the licence is sought, a right to occupy the premises in respect of which the licence is sought to the exclusion of others; and | |
its rules have been approved by the licensing authority. |
(4) A club is not eligible to have a restricted club licence converted into an unrestricted club licence unless—
it has held the restricted club licence for a period of at least 12 months; and | |
it has an exclusive right to occupy the licensed premises; and | |
the gross amount expended on the purchase of liquor during the last assessment period exceeded $30 000 or such other sum as may be prescribed; and | |
its rules have been approved by the licensing authority as being appropriate to a club holding an unrestricted licence. |
(5) The licensing authority shall not approve the rules of a club for the purposes of this section unless it is satisfied—
that the rules make proper provision for the management of the affairs of the club by a committee of management elected by the general body of members; | ||||
that the rules provide for regular meetings of the general body of members and of the committee of management; | ||||
that the rules contain appropriate conditions governing admission to membership of the club and, in particular— | ||||
| ||||
that the rules provide for payment of an annual, half-yearly or quarterly subscription by the ordinary members of the club; | ||||
that the rules provide for— | ||||
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on any day (not being Good Friday, Christmas Day or Sunday) between 9 a.m. and 6 p.m. or, if the day is one on which late trading is permitted, between 9 a.m. and 9 p.m.; | |
on Sunday (not being Christmas Day) between 11 a.m. and 6 p.m. |
(2) If there are, in the opinion of the licensing authority, special reasons for doing so, it may substitute for the trading hours referred to in subsection (1)
(3) For the purposes of this section, late trading is permitted on a particular day if—
in the case of licensed premises situated in a shopping district constituted under the | |
in the case of licensed premises not situated in a shopping district constituted under that Act—the day is a particular day of the week on which late trading is authorised by the licensing authority. |
(2) Subsection (1) does not apply to the removal of a retail liquor merchant’s licence to premises situated not more than 500 metres from the premises from which its removal is sought.
(3) Subject to subsection (5), a retail liquor merchant’s licence shall not be granted in respect of, or removed to, premises unless the premises—
are devoted entirely to the business conducted in pursuance of the licence; and | |
are physically separate from premises used for other commercial purposes, |
and it is a condition of a retail liquor merchant’s licence that the premises shall not cease to be devoted entirely to the business conducted in pursuance of the licence or to be physically separate from premises used for other commercial purposes.
(4) Premises shall be regarded as entirely devoted to the business conducted in pursuance of a retail liquor merchant’s licence notwithstanding that goods other than liquor are sold at the premises if the sale of such goods is ancillary to the sale of liquor and the goods are of a kind normally available from retail liquor merchants.
(5) The licensing authority may grant an exemption from subsection (3) in respect of premises if, in the opinion of the authority—
the demand for packaged liquor in the locality in which the premises are situated is not sufficient to justify the establishment of separate premises; or | |
some other proper reason exists for granting the exemption. |
39. A wholesale liquor merchant’s licence authorises the licensee—
to sell liquor, at any time, on the licensed premises for consumption off the licensed premises; and | |
to supply liquor, at any time, by way of free sample, for consumption by prospective customers on a part of the licensed premises approved for the purpose by the licensing authority. |
40. (1) A wholesale liquor merchant’s licence is subject to the following conditions:
liquor must not be sold to a purchaser in an aggregate quantity of less than 4.5 litres; and | |
liquor may only be sold to a person who is not a liquor merchant during the trading hours applicable to a retail liquor merchant’s licence under section 37(1); and | |
at least 90 per cent of the licensee’s gross turnover from the sale of liquor in each assessment period must be derived from the sale of liquor to liquor merchants. |
(2) For the purposes of subsection (1)
(3) In this section, "liquor merchant" has the meaning assigned to it by this Act but also includes a person authorised under the law of the Commonwealth to sell liquor.
41. (1) Subject to subsection (2), a producer’s licence authorises the licensee—
to sell liquor produced by the licensee, at any time, on the licensed premises for consumption off the licensed premises; and | |
if the conditions of the licence expressly so permit—to sell liquor produced by the licensee, at any time, to a diner for consumption in a designated dining area with or ancillary to a meal; and | |
subject to any condition of the licence to the contrary, to supply liquor produced by the licensee, at any time, by way of sample, for consumption on a part of the licensed premises approved for the purpose by the licensing authority. |
(2) A producer’s licence does not authorise the sale or supply of liquor on Good Friday.
(3) Subject to any authorisation to the contrary given by the licensing authority in relation to a specific occasion or occasions, liquor supplied under subsection (1)
(4) Liquor shall be regarded as having been produced by a particular person—
in the case of beer—if it was brewed by that person; | ||||
in the case of spirits—if it was distilled by that person; | ||||
in the case of wine— | ||||
|
(A) | a substantial proportion of the wine used for the purpose of the blending was fermented by that person; and |
(B) | all the wine used for the purpose of the blending was fermented from produce grown or produced in Australia. |
(5) In determining whether wine was fermented by a particular person, fermentation of the wine after final bottling shall be disregarded.
42. The premises in respect of which a producer’s licence is granted must be—
premises used by the licensee for the production of liquor; or | |
premises that the licensing authority is satisfied will, in the near future, be used by the licensee for the production of liquor; or | |
premises adjacent to premises referred to in paragraph |
43. A general facility licence authorises the licensee to sell liquor on the licensed premises—
at such times as are specified in the licence; and | |
subject to such conditions as are specified in the licence. |
to provide adequately for the needs of those attracted to premises that, in the opinion of the licensing authority, are or will prove to be a substantial tourist attraction; | ||||||
to provide adequately for the needs of those attending receptions; | ||||||
to provide adequately for the needs of patrons of a cinema or other theatre at which cinematographic or theatrical entertainment of a high standard is provided; | ||||||
to provide adequately for the needs of passengers in a ship, train, vehicle or aeroplane; | ||||||
to enable a mining or construction company or authority that is undertaking a project in a remote area to provide adequately for the needs of its employees working in that area; | ||||||
to enable the following sporting authorities to provide adequately for the needs of those attending sporting events and other functions at the following sporting grounds: | ||||||
| ||||||
to enhance the use of premises that are of national, historic or architectural significance and have at some time in the past been licensed as a hotel; | ||||||
to enable tertiary educational institutions to provide adequately for the needs of students, staff and visitors. |
(2) A general facility licence shall not be granted if, in the opinion of the licensing authority, some other licence would be reasonably adequate for the purposes for which the general facility licence is sought.
(3) Before granting an application for the grant or removal of a general facility licence, or for variation of a condition affecting the trading rights conferred by such a licence, the licensing authority shall take into account the probable effect of the grant, removal or variation on the trade conducted from other licensed premises in the relevant locality.
45. (1) A limited licence authorises the sale, supply or consumption of liquor—
at such times and on such occasion or occasions as may be specified in the licence; and | |
at such places as may be defined or described in the licence; and | |
subject to such conditions as may be specified in the licence. |
(2) Separate limited licences are required in respect of separate functions unless the functions are interrelated so as to form a series.
(3) The period over which a limited licence is to be in force must not exceed 1 month.
46. (1) Subject to this section, a limited licence may be granted—
where special trading conditions are, in the opinion of the licensing authority, necessary to provide for the needs of those attracted to a particular locality by a festival, exhibition, show or other event that is of historic, traditional or cultural significance or that significantly promotes tourism; | |
where, in the opinion of the licensing authority, the grant of such a licence is desirable in order to extend, on a temporary basis, the trading rights of a licensee who holds some other licence; | |
where, in the opinion of the licensing authority, the grant of such a licence is desirable in order to permit the sale of liquor by auction; | |
where, in the opinion of the licensing authority, the grant of such a licence is desirable to enable a genuine club or association to supply liquor at a function arranged by it and to recoup the cost of the liquor by imposing an admission or other charge on those attending the function; | |
where, in the opinion of the licensing authority, the grant of such a licence is desirable in order to authorise the sale or supply of liquor on regulated premises; | |
where, in the opinion of the licensing authority, the grant of such a licence is otherwise desirable in order to meet a temporary need for facilities for the sale of liquor; | |
where, in the opinion of the licensing authority, the grant of such a licence is desirable in order to authorise the consumption of liquor on regulated premises; | |
where, in the opinion of the licensing authority, the grant of such a licence is desirable in order to authorise the supply of liquor by way of free sample. |
(2) A limited licence must not be granted if, in the opinion of the licensing authority—
some other licence (not being a general facility licence); or | |
where the applicant already holds another licence, an extension of the authority conferred by that licence or a variation or revocation of a condition of that licence (not being a condition imposed by this Act), |
would be reasonably adequate for the purposes for which the limited licence is sought.
(3) A limited licence shall not be granted under subsection (1)
(a) ,(e) or(f) except—
to the holder of a hotel licence; or | ||||
to a person who satisfies the licensing authority— | ||||
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(4) A limited licence must not be granted if the licensing authority is satisfied that 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.
the sale of liquor of a kind that cannot be sold in pursuance of the principal licence; or | |
the sale of liquor to a class of persons to whom liquor cannot be sold in pursuance of the principal licence. |
(2) Where a limited licence is granted to the holder of a hotel licence authorising him to sell liquor at a function organised by some other person or body, the licensing authority may approve an arrangement under which the licensee is to pay a proportion of the gross receipts obtained by him from the sale of liquor in pursuance of the limited licence to the person or body by which the function was arranged.
48. (1) The licensing authority may refuse an application for a limited licence if—
the licence is sought in respect of a function organised by a particular person or group; and | |
limited licences have been granted in respect of previous functions organised by the same person or group; and | |
the licensing authority is of the opinion that the grant of a further limited licence would tend to establish an undesirable pattern. |
(2) This section does not limit the discretion of the licensing authority to grant or refuse an application for a limited licence.
must be delivered to the purchaser in sealed containers; and | |
must be consigned to the purchaser at the licensed premises unless the licensing authority approves otherwise; and | |
must not be consumed on the licensed premises. |
(2) No breach of the condition referred to in subsection (1)
(b) occurs if—
the licence authorises the sale of liquor for consumption on the licensed premises; and | |
the liquor, although sold for consumption off the licensed premises, is consumed in circumstances in which it could lawfully have been consumed if sold in pursuance of that authorisation. |
(3) It is a condition of a wholesale liquor merchant’s licence or a retail liquor merchant’s licence that liquor sold in pursuance of the licence must not be consumed in proximity to the licensed premises.
conditions that the licensing authority thinks desirable in order to ensure that the noise emanating from the licensed premises is not excessive; | |
conditions that the licensing authority thinks desirable in order to minimise the offence, annoyance, disturbance or inconvenience that might be suffered by those who reside, work or worship in the vicinity of the licensed premises in consequence of activities on the licensed premises, or the conduct of those making their way to or from the licensed premises; | |
conditions that the licensing authority thinks desirable to ensure that the safety, health or welfare of persons who may resort to the licensed premises is not at risk; | |
conditions that the licensing authority thinks desirable to prevent improper arrangements or practices calculated to reduce licence fees; | |
conditions that the licensing authority thinks desirable to ensure public order and safety at events expected to attract large crowds. |
(2) A condition may be imposed under subsection (1) or a condition previously imposed may be varied or revoked—
on the grant, removal or transfer of the licence; | ||||||
on the grant of— | ||||||
| ||||||
on the grant of a late night permit; | ||||||
on the grant of consent to the holding of entertainment on the licensed premises; | ||||||
on the grant of an application for endorsement of a club licence to authorise the sale of liquor to any person; | ||||||
on the approval by the licensing authority of a person to assume a position of authority in a body corporate; | ||||||
on the approval by the Court of an agreement or arrangement under section 106; | ||||||
on a finding by the licensing authority that there is substance in a complaint lodged under this Act against the licensee; | ||||||
on an application for the imposition, variation or revocation of such a condition by the licensee. |
(3) A condition may be imposed, at any time, under subsection (1) or a condition previously imposed may be varied or revoked—
by the Commissioner— | ||||
| ||||
by the Court on the application of— | ||||
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(4) Notwithstanding any other provision of this Act, a condition may be imposed under this
section—
limiting the kinds of liquor that may be sold in pursuance of a licence; | ||||
limiting the times at which liquor, or liquor of a particular kind, may be sold in pursuance of a licence; | ||||
limiting the sale of liquor for consumption off licensed premises in pursuance of a licence; | ||||
otherwise limiting the authority conferred by a licence; | ||||
in the case of a licence in respect of premises situated west of 133° of longitude— | ||||
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(5) A condition may be imposed under this section—
by including the condition in the licence; or | |
by serving on the licensee written notice of the condition. |
51. (1) Subject to subsection (2), a person may hold any number of licences.
(2) A person who holds a wholesale liquor merchant’s licence shall not simultaneously hold any of the following licences:
a hotel licence; | |
a retail liquor merchant’s licence; | |
a general facility licence. |
(3) Where a body corporate holds a wholesale liquor merchant’s licence, a related body corporate shall not simultaneously hold any of the following licences:
a hotel licence; | |
a retail liquor merchant’s licence; | |
a general facility licence, |
unless the Court is satisfied that the conditions of the respective licences are such as to prevent
arrangements or practices calculated to reduce licence fees.
(4) A person who holds a licence in contravention of this section is guilty of an offence.
52. (1) A licence may be held jointly by two or more persons.
(2) Where a licence is held jointly by two or more persons, those persons are jointly and severally liable to any civil or criminal liability that attaches to the licensee under this Act.
53. (1) Subject to this section, two or more licences shall not be granted in respect of the same
premises.
(2) Two or more licences may be granted in respect of separate parts of the same premises.
(3) Two or more restricted club licences may be granted in respect of the same premises provided that the trading hours authorised under the licences do not coincide or overlap.
(4) This section does not prevent the grant of a limited licence in respect of premises, or a part of premises, in respect of which some other licence is in force.
hold a licence; or | |
occupy a position of authority in a body corporate that holds a licence; or | |
be an officer of a club by or on behalf of which a club licence is held; or | |
be a manager of licensed premises. |
55. (1) Subject to subsection (2), a minor shall not—
hold a licence; or |
(b) occupy a position of authority in a body corporate that holds a licence. (2) This section does not prevent a minor from being a shareholder in a proprietary company
that holds a licence.
56. (1) An application to a licensing authority—
must be made in the prescribed manner and form and within any prescribed time limitation; and | |
must be accompanied by the prescribed fee. |
(2) An applicant or other person who makes a false or deliberately misleading statement in, or in support of, an application is guilty of an offence.
(3) A licensing authority may allow an applicant to vary the application at any time before the determination of the application.
(4) If a licensing authority allows an application to be varied pursuant to subsection (3), the authority must cause the other parties to the application to be given notice of the variation a reasonable time before the hearing of the application.
(2) An applicant for the grant or removal of a licence may, at any time before the grant or removal of the licence takes effect, submit for the approval of the licensing authority an alteration to the plans.
(3) An application may be made under subsection (2) whether or not a certificate has been issued under section 64 or 68 in respect of the premises to which the plans relate.
(4) An application for—
approval of a proposed alteration to, or redefinition of, licensed premises; or | |
authorisation to sell liquor in an area adjacent to licensed premises, |
must be accompanied by plans of the alteration, redefinition or adjacent area (as the case may
require).
(5) An applicant for a limited licence must, if the licensing authority so requires, submit plans of any premises in which the sale or consumption of liquor is to be authorised by the licence.
(6) Plans that are to be submitted under this section must be in the prescribed form.
58. (1) An application of any of the following classes must be advertised:
an application for the grant of a licence (not being a limited licence or a temporary licence granted under section 80); | ||||
an application for the transfer of a licence; | ||||
an application for the removal of a licence; | ||||
an application by a licensee holding a hotel licence for— | ||||
| ||||
an application for conversion of a temporary licence into an ordinary licence by revocation of the condition by virtue of which the licence is a temporary licence; | ||||
an application by the holder of a club licence and a gaming machine licence under the |
(2) An application of any other class must, if the licensing authority so requires, be advertised.
(3) Where an application is required by or under this section to be advertised—
notice of the application, in the prescribed form, must be published by the applicant— | ||||
|
at least 28 days before the date fixed for the hearing of the application; and
for the period of 28 days immediately preceding the date fixed for the hearing of the application, the applicant must keep a notice of the application, in the prescribed form, posted in a prominent position— | ||||
| ||||
so as to be clearly visible to, and legible by, persons passing the premises or land on foot. |
(4) The licensing authority may, in an appropriate case, dispense with or modify a requirement of subsection (3).
(2) The licensing authority should not grant an application as a matter of course without proper inquiry into its merits (whether or not there are objections to the application).
(3) The licensing authority may, on such conditions (if any) as it thinks fit, waive compliance with formal requirements relating to an application.
(8) A licence granted on an application under subclause (2) shall take effect on a date fixed by the Court.
5. (1) A cabaret licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become an entertainment venue licence under this Act.
(2) Where an entertainment venue licence is converted from a cabaret licence under subclause (1), the condition of the licence under which the licensed premises are required to be premises of an exceptionally high standard is inoperative for a period of two years from the appointed day, but if after the expiration of that period the premises are not of an exceptionally high standard, the Court shall, on the application of the Commissioner, convert the licence into a restaurant licence.
6. (1) A vigneron’s licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become a producer’s licence under this Act.
(2) Subject to subclause (5), the premises—
in which the licensee makes wine or brandy; and | |
in which the licensee was authorised by the repealed Act to sell wine or brandy, |
shall, for 12 months after the appointed day, constitute the licensed premises (notwithstanding that, in consequence of this
subclause, there may be two or more licences in force in respect of the same licensed premises over that period).
(3) Within six months from the appointed day, the licensee must submit for the approval of the licensing authority plans (in the prescribed form) of premises that are to constitute the licensed premises.
(4) The licensing authority shall, if satisfied that the premises are used by the licensee for the production of wine or brandy or are adjacent to such premises, approve those premises.
(5) Upon approval of premises by the licensing authority, those premises shall become the licensed premises from which the licensee is authorised by this Act to sell liquor.
(6) An endorsement on a vigneron’s licence under section 26(1d) of the repealed Act that was in force immediately before the appointed day shall, on that day—
in the case of an endorsement under section 26(1d) | |
in the case of a condition under section 26(1d) |
(7) Where—
before the appointed day a person purchased, or assumed the conduct of, a business conducted in pursuance of a vigneron’s licence; and | |
that person holds a producer’s licence that is converted from a vigneron’s licence under this clause, |
that person may sell liquor that was, at the time he purchased or assumed the conduct of the business, part of the trading
stock of the business as if it had been produced by him.
7. (1) A wholesale storekeeper’s licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become a wholesale liquor merchant’s licence.
(2) A wholesale liquor merchant’s licence that results from the conversion of a wholesale storekeeper’s licence under subclause (1) is, until 30 June, 1987, subject to the following condition instead of the condition stipulated by section 40(1)
The proportion of the licensee’s aggregate turnover derived from the sale of liquor to liquor merchants in each of the two assessment periods ending on 30 June, 1986 and 30 June, 1987 must be not less than the corresponding proportion of aggregate turnover derived from the sale of liquor to liquor merchants in the assessment period ending on 30 June, 1985.
8. A brewer’s Australian ale licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become a wholesale liquor merchant’s licence under this Act.
9. (1) Except as provided in subclause (7), a distiller’s storekeeper’s licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become a general facility licence conferring the same rights to trade in liquor as the distiller’s storekeeper’s licence and the general facility licence shall, subject to this Act, remain in force (without expansion of trading rights) until a licence takes effect under subclause (6) in respect of the licensed premises, but if no such licence takes effect within two years of the appointed day, it shall expire at the expiration of that period.
(2) A person who held a distiller’s storekeeper’s licence under the repealed Act immediately before the appointed day may, within six months after the appointed day, apply to the Court for either or both of the following licences:
a wholesale liquor merchant’s licence; | |
a producer’s licence. |
(3) A person who applies for a licence or licences under subclause (2) is, subject to subclause (4), entitled to be granted the licence or licences.
(4) A producer’s licence shall not be granted on an application under subclause (2) unless the Court is satisfied that the applicant produces liquor in the premises for which the licence is sought or in premises adjacent to those premises.
(5) Where both a wholesale liquor merchant’s licence and a producer’s licence are granted on an application under subclause (2), those licences must be granted in respect of different premises or different parts of the same premises.
(6) A licence granted on an application under subclause (2) shall take effect on a date fixed by the Court.
(7) A distiller’s storekeeper’s licence in respect of which an endorsement under section 25(4)
10. (1) A 20 litre licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become a general facility licence conferring the same rights to trade in liquor as the 20 litre licence and that licence shall remain in force (without expansion of trading rights)—
for six months after the appointed day; and | |
if an application is made under subclause (2) within that period of six months—until that application is finally determined and thereafter for such further period as may be fixed by the Court in determining that application, |
(notwithstanding that there may be no licensed premises to which the general facility licence can apply).
(2) A person who held a 20 litre licence under the repealed Act immediately before the appointed day may, within six months after the appointed day, apply to the Court for a producer’s licence or a wholesale liquor merchant’s licence.
(3) An application under subclause (2) must be accompanied by plans (in the prescribed form) of the proposed licensed
premises.
(4) A person who applies for a licence under subclause (2) is, subject to this clause, entitled to be granted that licence.
(5) A licence shall not be granted on an application under subclause (2) unless the Court is satisfied that the proposed licensed premises are appropriate to be licensed.
(6) A producer’s licence shall not be granted on an application under subclause (2) unless liquor is produced on the proposed licensed premises or on premises adjacent to those premises.
11. (1) A retail storekeeper’s licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become a retail liquor merchant’s licence.
(2) An exemption in force under section 135 of the repealed Act immediately before the commencement of this Act shall, subject to this Act, continue in force as an exemption under section 38(5) of this Act.
(3) Where a retail storekeeper’s licence is converted into a retail liquor merchant’s licence under this clause—
trading hours fixed under section 22(1) of the repealed Act continue in operation subject to this Act as if fixed under section 37(2) of this Act; and | |
a day fixed under section 22(6) |
12. (1) A club licence that was in force under the repealed Act immediately before the appointed day shall, on that day, become an unrestricted club licence under this Act.
(2) Any condition of a club licence to which subclause (1) applies restricting the sources from which the club may purchase liquor lapses as from the appointed day.
(3) A permit under section 67 of the repealed Act that was in force immediately before the appointed day shall, on that day, become a restricted club licence under this Act.
(4) Where a club licence to which this clause applies is not held by an association incorporated under the
the club must become incorporated under the | |
the Commissioner may, on the application of the club and without formality, vest the licence in the incorporated association; and | |
if the licence is not so vested before 1 July, 1986, the licence shall lapse. |
(5) In calculating a licence fee for a licence to which subclause (1) applies in respect of a licence period commencing before 1 January, 1986, an amount expended in the retail purchase of liquor shall be disregarded.
13. (1) The following licences, namely:
the licence held under section 15 of the repealed Act by Flinders Ranges Tourist Services Pty. Ltd.; | |
the licence held under section 16 of the repealed Act by the Electricity of South Australia in respect of Leigh Creek South; | |
any licence held under section 16B of the repealed Act by a prescribed authority as defined in that section; | |
the licence held under section 16C of the repealed Act by the Adelaide Festival Centre Trust in respect of the Adelaide Festival Centre; | |
the licence held under section 16D of the repealed Act by a nominee of the British Sailors’ Society (at home and abroad) Incorporated; | |
any packet licence under section 28 of the repealed Act; | |
a theatre licence under section 33 of the repealed Act; | |
a tourist facility licence under section 33A of the repealed Act; |
(i) a reception house permit under section 66A of the repealed Act;
a full publican’s licence in respect of premises declared under section 192A of the repealed Act to be a prescribed tourist hotel; | |
the full publican’s licence in respect of the Rising Sun Inn, |
shall, on the appointed day, become general facility licences under this Act.
(2) The licence fees, or the basis for assessing licence fees, in respect of the licences referred to in subclause (1) shall be determined by regulation in relation to each such licence or class of licences.
(3) Subject to this Act, the rights conferred by the licences referred to in subclause (1), and the conditions to which they are subject, shall
(4) A general facility licence converted from a reception house permit under subclause (1)
(i) —
is subject to a condition that liquor may be sold or supplied in pursuance of the licence only at a wedding reception, banquet or other similar gathering and not to the general public; but | |
is not subject to the conditions referred to in section 66A(2) |
(5) A statutory requirement to provide meals or accommodation that existed under the repealed Act and affected any of the licences referred to in subclause (1) continues in operation, subject to this Act, as a condition of the licence as if it had been imposed in pursuance of section 50 of this Act.
14. A certificate under section 65 of the repealed Act, or a permit under section 66 of the repealed Act, that was in force immediately before the appointed day becomes, on that day, a limited licence under this Act conferring the same rights to trade in liquor as the certificate or the permit.
15. A permit in force under section 131 of the repealed Act immediately before the appointed day continues in operation until the date on which it was due to expire as a consent under section 113 of this Act.
16. Subject to this schedule, terms and conditions fixed or imposed by the Licensing Court of South Australia in respect of licences, certificates, permits and authorities that are converted into licences under this Act continue in force subject to this Act as if they had been fixed or imposed under this Act.
17. (1) No approval of a council or other authority is required in respect of the grant of a licence under this schedule.
(2) Before the licensing authority grants a licence under clause 4, 6 or 10 of this schedule, it shall allow the relevant council a reasonable opportunity to make submissions on the matter and shall take into account any submissions so made.
18. (1) The Governor may, by regulation, make transitional provisions—
fixing, or providing for the assessment and reassessment of, licence fees in respect of licences of any class that come into operation by virtue of this schedule; | |
providing for the payment of such licence fees. |
(2) Such a regulation shall have effect notwithstanding that it is inconsistent with a provision of this Act.
19. (1) If, on the appointed day, an application for a licence had been made under the repealed Act but had not been determined, the proceedings based on that application may be continued and completed under this Act as if the application were an application for a licence of the corresponding class under this Act.
(2) Subject to subclause (3), a decision under section 42(1)
(3) Where, immediately before the appointed day—
a decision was in force under section 42(1) | |
those premises were declared under section 192A of the repealed Act to constitute a prescribed tourist hotel, |
a general facility licence shall, on application to the Court by the person in whose favour the decision was made, be granted
in respect of the premises.
(4) A licence under the repealed Act corresponds to a particular class of licence under this Act if the licence would, if in force immediately before the appointed day, have been converted into a licence of that class by this schedule.
(5) If, on the appointed day, an application (not being an application for a licence) had been made under a provision of the repealed Act but had not been determined, the proceedings based on the application may be continued and completed as if the application were an application under the corresponding provision of this Act.
20. (1) The provisions of the repealed Act relating to the reassessment of licence fees under that Act and the recovery of fees in accordance with the reassessment continue to apply, notwithstanding the repeal of that Act, in respect of licence fees under that Act.
(2) The provisions referred to in subclause (1) shall be read subject to the following modifications:
a reference to the Court shall be read as a reference to the Court as constituted under this Act; and | |
a reference to the clerk of the Court shall be read as a reference to the Commissioner; and | |
a reference to the Superintendent of Licensed Premises shall be read as a reference to the Commissioner. |
21. Where, but for this clause, a person would, in consequence of the provisions of this schedule, become the holder of a licence contrary to section 51(3) of this Act, that person is exempted from that provision for a period of six months from the appointed day.
22. A licensee is, for a period of two months from the appointed day, exempt from the requirements of sections 116, 117 and 120 of this Act provided that, during that period, the licensee complies with the corresponding requirements of the repealed Act.
23. (1) A delineation or definition of licensed premises made for the purposes of the repealed Act continues in operation, subject to this Act, as a delimitation of the licensed premises.
(2) An area fixed or declared under the repealed Act as an area in which liquor may be sold or supplied with or ancillary to
(3) At any time within 12 months after the appointed day, the Commissioner may apply to the Court for redefinition of licensed premises, or a designated dining area, to which this clause applies in order to bring the licensed premises or the designated dining area into conformity with the requirements of this Act.
The
(
definition of "live entertainment" amended by 24, 1990, s. 3(a) definition of "place of public entertainment" repealed by 87, 1993, s. 9 definition of "public place" inserted by 24, 1990, s. 3(b) definition of "retail licence" amended by 24, 1990, s. 3(c) | |
Section 7(2): | substituted by 24, 1990, s. 4(a) |
Section 7(3): | inserted by 24, 1990, s. 4(b) |
Section 12A: | inserted by 13, 1995, s. 16 |
Heading preceding section 13: | amended by 13, 1995, s. 17 |
Section 13: | amended by 24, 1990, s. 5 |
Section 18(6): | inserted by 24, 1990, s. 6 |
Section 19: | amended by 13, 1995, s. 18 |
Section 22: | substituted by 24, 1990, s. 7 |
Section 23(2): | substituted by 13, 1995, s. 19 |
Section 26(1): | amended by 24, 1990, s. 8(a) |
Section 26(4): | amended by 24, 1990, s. 8(b) |
Section 33(2): | amended by 24, 1990, s. 9 |
Section 34(3): | substituted by 24, 1990, s. 10(a) |
Section 34(4): | amended by 24, 1990, s. 10(b) |
Section 34(5): | amended by 24, 1990, s. 10(c); 42, 1994, s. 3(a) |
Section 34(6): | inserted by 42, 1994, s. 3(b) |
Section 35: | redesignated as s. 35(1) by 42, 1994, s. 4 |
Section 35(2): | inserted by 42, 1994, s. 4 |
Section 40(1): | amended by 24, 1990, s. 11(a) |
Section 40(3): | inserted by 24, 1990, s. 11(b) |
Section 42: | amended by 24, 1990, s. 12 |
Section 45(1): | amended by 24, 1990, s. 13 |
Section 46(1): | amended by 24, 1990, s. 14(a) |
Section 46(2): | substituted by 24, 1990, s. 14(b) |
Section 46(4): | substituted by 24, 1990, s. 14(c) |
Section 49(1): | amended by 24, 1990, s. 15 |
Section 50(1): | amended by 108, 1986, s. 3(a) |
Section 50(2): | amended by 24, 1990, s. 16; 42, 1994, s. 5 |
Section 50(3): | amended by 108, 1986, s. 3(b) |
Section 50(4): | amended by 108, 1986, s. 3(c) |
Section 56(3) and (4): | inserted by 24, 1990, s. 17 |
Section 58(1): | amended by 42, 1994, s. 6; 31, 1995, s. 3 |
Section 58(2): | substituted by 24, 1990, s. 18(a) |
Section 58(4): | amended by 24, 1990, s. 18(b) |
Section 58A: | inserted by 24, 1990, s. 19 |
Section 60: | redesignated as s. 60(1) by 31, 1995, s. 4 |
Section 60(2): | inserted by 31, 1995, s. 4 |
Section 61: | redesignated as s. 61(1) by 31, 1995, s. 5 |
Section 61(2): | inserted by 31, 1995, s. 5 |
Section 62(1): | amended by 24, 1990, s. 20(a) |
Section 62(2): | amended by 24, 1990, s. 20(b) |
Section 64(3): | amended by 24, 1990, s. 21 |
Section 68(3): | amended by 24, 1990, s. 22 |
Section 70(2): | repealed by 24, 1990, s. 23; inserted by 31, 1995, s. 6 |
Section 74(1): | amended by 24, 1990, s. 24(a) |
Section 74(2): | amended by 24, 1990, s. 24(b) |
Section 75(1): | amended by 24, 1990, s. 25 |
Section 76(1): | amended by 24, 1990, s. 26(a) |
Section 76(3): | amended by 24, 1990, s. 26(b) |
Section 76(4): | amended by 24, 1990, s. 26(c) |
Section 78(3) and (4): | inserted by 31, 1995, s. 7 |
Section 79(1a): | inserted by 24, 1990, s. 27 |
Section 80(7a): | inserted by 31, 1995, s. 8 |
Section 81(2): | amended by 24, 1990, s. 28 |
Section 83(1): | amended by 24, 1990, s. 29(a); 8, 1996, s. 3 |
Section 83(2): | amended by 24, 1990, s. 29(b) |
Section 83(3): | repealed by 87, 1993, s. 10 |
Section 84: | amended by 42, 1994, s. 7 |
Section 85(4): | amended by 24, 1990, s. 30 |
Section 86A: | inserted by 24, 1990, s. 31 |
Section 87(2): | amended by 80, 1985, s. 3; 51, 1987, s. 3; 46, 1992, s. 2; 50, 1993, s. 3 |
Section 87(4): | substituted by 24, 1990, s. 32(a) |
Section 87(5a): | inserted by 24, 1990, s. 32(b) |
Section 87(6): | amended by 24, 1990, s. 32(c) |
Section 87(7): | amended by 24, 1990, s. 32(d) |
Section 87(8): | amended by 24, 1990, s. 32(e) |
Section 87(9): | amended by 24, 1990, s. 32(f); 31, 1995, s. 9 |
Section 88(2): | amended by 24, 1990, s. 33 |
Section 90(1): | amended by 31, 1995, s. 10(a) |
Section 90(1a): | inserted by 31, 1995, s. 10(b) |
Section 90(2): | amended by 24, 1990, s. 34 |
Section 91(1): | amended by 24, 1990, s. 35(a) |
Section 91(2): | substituted by 24, 1990, s. 35(b) |
Section 93(1): | amended by 80, 1985, s. 4; 51, 1987, s. 4; 24, 1990, s. 36(a), (b) |
Section 93(2): | amended by 24, 1990, s. 36(c) |
Section 96(2): | amended by 24, 1990, s. 37(a) |
Section 96(3): | inserted by 24, 1990, s. 37(b) |
Section 100(2): | amended by 24, 1990, s. 38(a) |
Section 100(3): | inserted by 24, 1990, s. 38(b) |
Section 104(2): | amended by 24, 1990, s. 39(a) |
Section 104(2a): | inserted by 24, 1990, s. 39(b) |
Section 104(3): | amended by 24, 1990, s. 39(c) |
Section 104(4): | inserted by 24, 1990, s. 39(d) |
Section 106(1): | amended by 24, 1990, s. 40(a) |
Section 106(3a) and (3b): | inserted by 24, 1990, s. 40(b) |
Section 106(4): | amended by 24, 1990, s. 40(c), (d); 8, 1996, s. 4 |
Section 107(1): | amended by 42, 1994, s. 8 |
Section 109(3): | inserted by 24, 1990, s. 41 |
Section 111(3a): | inserted by 24, 1990, s. 42(a) |
Section 111(5): | substituted by 24, 1990, s. 42(b) |
Section 111(6) and (7): | repealed by 24, 1990, s. 42(b) |
Section 113(1): | amended by 24, 1990, s. 43; 87, 1993, s. 11 |
Section 114(2): | amended by 24, 1990, s. 44 |
Division 7A of Part 6 comprising s. 115A and heading inserted by 31, |
1995, s. 11
Section 118(1): | amended by 108, 1986, s. 4(a); 24, 1990, s. 45(a) |
Section 118(3): | amended by 108, 1986, s. 4(b); 24, 1990, s. 45(b) |
Section 118(4): | amended by 108, 1986, s. 4(c) |
Section 119A(1): | inserted by 108, 1986, s. 5; amended by 31, 1995, s. 12(a) |
Section 119A(2): | amended by 31, 1995, s. 12(b) |
Section 119A(3): | amended by 31, 1995, s. 12(c) |
Section 119A(3a): | inserted by 24, 1990, s. 46 |
Section 119A(4): | amended by 31, 1995, s. 12(d) |
Section 121(4) and (5): | inserted by 24, 1990, s. 47 |
Section 122(1): | substituted by 24, 1990, s. 48 |
Section 122(2): | repealed by 24, 1990, s. 48 |
Section 123(4): | definition of "licensed premises" inserted by 24, 1990, s. 49 |
Section 123A: | inserted by 108, 1986, s. 6 |
Section 123A(2): | amended by 24, 1990, s. 50(a) |
Section 123A(4): | definition of "public place" repealed by 24, 1990, s. 50(b) |
Part 8 comprising ss. 124, 125 and heading amended by 108, 1986, s. 7; 24, 1990, ss. 51, 52; repealed and ss. 124 - 125A and heading inserted in its place by 8, 1996, s. 5 | |
Section 126(3): | amended by 24, 1990, s. 53 |
Section 127(1): | amended by 24, 1990, s. 54(a) |
Section 127(2): | amended by 24, 1990, s. 54(b) |
Heading preceding section 128: | substituted by 108, 1986, s. 8 |
Section 128(1): | substituted by 108, 1986, s. 9(a) |
Section 128(2): | amended by 108, 1986, s. 9(b), (c) |
Section 128(3a): | inserted by 108, 1986, s. 9(d) |
Division 3 of Part 9 comprising ss. 128A - 128D and heading inserted |
by 31, 1995, s. 13
Section 129: | amended by 24, 1990, s. 55 |
Section 132(1): | amended by 71, 1992, s. 3(1) (Sched.) |
Section 132(3): | repealed by 24, 1990, s. 56 |
Division 2A of Part 10 comprising ss. 132A - 132D and heading |
inserted by 94, 1985, s. 2; repealed by 24, 1990, s. 57
Section 133: | substituted by 24, 1990, s. 58 |
Section 135: | amended by 24, 1990, s. 59; substituted by 8, 1996, s. 6 |
Section 136(1): | amended by 24, 1990, s. 60(a), (b) |
Section 136(3) and (4): | inserted by 24, 1990, s. 60(c) |
Section 137(2): | amended by 24, 1990, s. 61 |
Section 138(1a): | inserted by 31, 1995, s. 14(a) |
Section 138(2): | amended by 31, 1995, s. 14(b), (c) |
Section 141(3): | amended by 24, 1990, s. 62 |
At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the
Division | Maximum | Maximum | Expiation |
imprisonment | fine | fee |
1 | 15 years | $60 000 | — |
2 | 10 years | $40 000 | — |
3 | 7 years | $30 000 | — |
4 | 4 years | $15 000 | — |
5 | 2 years | $8 000 | — |
6 | 1 year | $4 000 | $300 |
7 | 6 months | $2 000 | $200 |
8 | 3 months | $1 000 | $150 |
9 | - | $500 | $100 |
10 | - | $200 | $75 |
11 | - | $100 | $50 |
12 | - | $50 | $25 |
0
0
0