Liquor Licensing Act 1997 (SA)

South Australia

Liquor Licensing Act 1997

An Act to regulate the sale, supply and consumption of liquor; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Liquor Licensing Act 1997.

3Objects

1. (1)

   The object of this Act is to regulate and control the promotion, sale, supply and consumption of liquor—

   1. (a)

      to ensure that the sale and supply of liquor occurs in a manner that minimises the harm and potential for harm caused by the excessive or inappropriate consumption of liquor; and

   2. (b)

      to ensure that the sale, supply and consumption of liquor is undertaken safely and responsibly, consistent with the principle of responsible service and consumption of liquor; and

   3. (c)

      to ensure as far as practicable that the sale and supply of liquor is consistent with the expectations and aspirations of the public; and

   4. (d)

      to facilitate the responsible development of the licensed liquor industry and associated industries, including the live music industry, tourism and the hospitality industry, in a manner consistent with the other objects of this Act.

2. (1a)

   For the purposes of subsection (1)(a), harm caused by the excessive or inappropriate consumption of liquor includes—

   1. (a)

      the risk of harm to children, vulnerable people and communities (whether to a community as a whole or a group within a community); and

   2. (b)

      the adverse economic, social and cultural effects on communities (whether on a community as a whole or a group within a community); and

   3. (c)

      the adverse effects on a person's health; and

   4. (d)

      alcohol abuse or misuse; and

   5. (e)

      domestic violence or anti‑social behaviour, including causing personal injury and property damage.

3. (2)

   Subject to this Act, in deciding any matter before it under this Act, the licensing authority must have regard to the objects set out in subsection (1).

4Interpretation

In this Act, unless the contrary intention appears—

adjacent—places or premises are adjacent if they adjoin (either in a horizontal or vertical plane) or if they are in close proximity to each other;

authorised person, in relation to licensed premises, means—

1. (a)

   the licensee; or

2. (b)

   a responsible person for the licensed premises; or

3. (c)

   a police officer; or

4. (d)

   a person who holds a security agents licence that authorises the person to perform the function of controlling crowds in licensed premises under the Security and Investigation Industry Act 1995;

authorised trading hours, in relation to a licence, means the hours during which the sale, supply or consumption of liquor is authorised by the licence;

beer means beer, ale, lager, stout or liquor of any other kind produced by brewing;

beneficiary includes an object of a discretionary trust;

body corporate includes a company within the meaning of the Corporations Act 2001 of the Commonwealth;

close associate, except where otherwise provided by this Act, has the meaning given by section 7;

club event endorsement—see section 36(9);

club transport endorsement—see section 36(11);

code of practice—see section 11A;

collective outlet—see section 39(4);

Commissioner means the Liquor and Gambling Commissioner;

community impact assessment guidelines—see section 53B;

council means a municipal or district council;

Court means the Licensing Court of South Australia;

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety;

designated application—see section 53A;

designated licence means—

1. (a)

   a general and hotel licence; or

2. (b)

   an on premises licence, unless—

   1. (i)

      the premises to which the proposed licence relates is a public conveyance; or

   2. (ii)

      the licence is, or is proposed to be, subject to a condition that the business conducted at the licensed premises be such that at all times the primary service provided to the public at the premises is the provision of accommodation; or

3. (c)

   a club licence, if—

   1. (i)

      the licence is, or is proposed to be, subject to a condition authorising—

      1. (A)

         the sale of liquor to persons (other than a resident) for consumption off the licensed premises; or

      2. (B)

         the sale of liquor after 2 am on any day; or

   2. (ii)

      in the opinion of the licensing authority, the business conducted under the licence and activities on the premises or proposed premises will have a substantial adverse impact on the amenity of the locality in which those premises are, or are to be, situated, taking into account—

      1. (A)

         the size of the premises or proposed premises; and

      2. (B)

         the trading hours or proposed trading hours under the licence; and

      3. (C)

         any other matter the licensing authority considers relevant; or

4. (d)

   a packaged liquor sales licence, other than if the licence is, or is proposed to be, subject to a condition authorising the licensee to only sell liquor through direct sales transactions;

director of a body corporate means a member of the board or committee of management of the body corporate;

direct sales transaction means a transaction for the sale of liquor in which—

1. (a)

   the liquor is ordered by the purchaser by mail, telephone, facsimile transmission or internet or other electronic communication; and

2. (b)

   the liquor is delivered to the purchaser, or a person nominated by the purchaser, at the residence or place of business of the purchaser, or some place (other than premises at which the liquor has been stored prior to delivery) nominated by the purchaser;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 whether declared as such under that Act or not;

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 of people on any occasion at which liquor is to be sold, supplied or consumed and for which licensed premises, or a part of licensed premises, has been booked in advance;

gross turnover means the gross proceeds of the sale of liquor under a licence;

inspector—see section 9;

intoxicated—a person is intoxicated if—

1. (a)

   the person's speech, balance, co‑ordination or behaviour is noticeably affected; and

2. (b)

   it is reasonable in the circumstances to believe that the affected speech, balance, co‑ordination or behaviour is the result of the consumption of liquor or some other substance;

Judge means the Licensing Court Judge or some other Judge with authority to exercise the jurisdiction of the Court;

licence means a licence under this Act;

licensed person or licensee means a person who holds a licence (including a temporary or short term licence) under this Act and includes—

1. (a)

   if a licence is held by a trustee—the trust; or

2. (b)

   a person authorised to carry on business under a licence;

licensed premises means premises in respect of which a licence is in force and includes premises for which the licence is currently under suspension;

licensing authority means—

1. (a)

   in relation to a matter that is to be decided by the Court under this Act—the Court;

2. (b)

   in relation to any other matter—the Commissioner;

Licensing Court Judge means a District Court Judge designated by proclamation as the Licensing 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—

1. (a)

   a person who holds a licence under this Act (except a person who holds only a short term licence); or

2. (b)

   a person who is authorised under the law of another State, or a Territory, of the Commonwealth to sell liquor;

meal means a genuine meal eaten while seated at a table;

minor means a person under the age of 18 years;

offensive or disorderly—without limiting the conduct that may constitute behaving in an offensive or disorderly manner, the conduct may be constituted of offensive language;

officer means—

1. (a)

   in relation to a body corporate—a director of the body corporate;

2. (b)

   in relation to a trust—a trustee;

packaged liquor means liquor in sealed containers for consumption off licensed premises;

party includes—

1. (a)

   an intervener;

2. (b)

   in relation to an application for the transfer of a licence—the transferor;

position of authority in a trust or corporate entity—see section 6;

premises includes—

1. (a)

   land;

2. (b)

   any building or structure on land, including a temporary or moveable building or structure;

3. (c)

   a public conveyance;

4. (ca)

   a motor vehicle (within the meaning of the Road Traffic Act 1961) or a vehicle of a kind prescribed by the regulations;

5. (d)

   a part of premises;

production and sales event endorsement—see section 39(5);

production outlet—see section 39(2);

public conveyance means an aeroplane, vessel, bus, train, tram, or other vehicle used for public transport or available for hire by members of the public, but does not include a conveyance hired on a self-drive basis if all passengers (if any) are to be transported free of charge or other consideration;

public interest—the public interest includes, but is not limited to, matters relating to—

1. (a)

   public order and safety; and

2. (b)

   public health (whether generally or in respect of particular groups or communities); and

3. (c)

   the welfare of particular groups or communities;

public order and safety includes matters of—

1. (a)

   personal safety and apprehension of danger to personal safety; and

2. (b)

   safety of property and apprehension of danger to safety of property; and

3. (c)

   public order unrelated to matters of public safety; and

4. (d)

   public safety unrelated to matters of public order;

public order and safety notice—see section 128B;

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—

1. (a)

   at which people gather in substantial numbers for a particular purpose; and

2. (b)

   for which licensed premises, or a part of licensed premises, has been booked in advance,

(but does not include a function of which the consumption of liquor is the sole or a predominant purpose);

record means—

1. (a)

   a document; or

2. (b)

   a record of a kind declared by regulation to be a record for the purposes of this definition;

Note—

The Acts Interpretation Act 1915 defines document—see section 4(1) of that Act.

regulated premises means—

1. (a)

   licensed premises; or

2. (b)

   a restaurant, café or shop; or

3. (c)

   an amusement parlour or amusement arcade; or

4. (d)

   a public place that is being used for the purposes of an organised event, where admission to the event is gained on payment of money, presentation of a pre‑paid ticket or purchase of some item; or

5. (e)

   a public conveyance; or

6. (f)

   premises of a kind declared by regulation to be regulated premises,

and includes an area appurtenant to any such premises, but does not include any premises, place or conveyance declared by regulation not to be regulated premises;

related body corporate—bodies corporate are related for the purposes of this Act if they are related within the meaning of the Corporations Act 2001 of the Commonwealth;

resident on licensed premises—see section 5;

responsible person for licensed premises means a person who is, in accordance with section 97, responsible for supervising and managing the business conducted under the licence;

retail—a sale is by retail if made to a person who is not a liquor merchant;

retail outlet—see section 39(2);

sample—an amount of liquor of a particular kind will not be considered to be a sample if it exceeds the prescribed amount for that kind of liquor;

sell includes—

1. (a)

   to barter or exchange;

2. (b)

   to offer or expose for sale, barter or exchange;

3. (c)

   to supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit;

4. (d)

   to supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain;

spirits means liquor of any kind produced wholly or in part by distillation;

spouse—a person is the spouse of another if they are legally married;

trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries;

trust or corporate entity means a trust or a body corporate;

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 this Act (but if a licence for the premises is under suspension, the premises are not to be regarded as unlicensed premises for the period of the suspension);

wholesale—a sale is by wholesale if made to a liquor merchant;

wholesale outlet—see section 39(2);

wine includes mead, cider, perry and any other fermented liquor produced from fruit, vegetables, berries or honey but does not include a product produced by blending wine with other beverages.

5Resident on licensed premises

1. (1)

   A person is regarded as a resident on licensed premises at a particular time if, and only if—

   1. (a)

      the person has spent the previous night at the licensed premises or is booked to spend the next night (or the present night) at the licensed premises; and

   2. (b)

      the person's name has been entered in the record of residents required to be kept by the licensee under this Act.

2. (2)

   None of the following persons is to be regarded as a resident on licensed premises:

   1. (a)

      the licensee or a member of the licensee's family;

   2. (b)

      a responsible person for the licensed premises or a member of a responsible person's family;

   3. (c)

      an employee of the licensee or a member of the employee's family.

6Persons with authority in a trust or corporate entity

1. (1)

   A person occupies a position of authority in a trust or corporate entity if the person—

   1. (a)

      in the case of a body corporate—

      1. (i)

         is a director of the body corporate;

      2. (ii)

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

      3. (iii)

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

      4. (iv)

         if the body corporate is a proprietary company—is a shareholder in the body corporate; or

   2. (b)

      in the case of a trust—is a trustee or beneficiary of the trust.

2. (2)

   However—

   1. (a)

      a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and

   2. (b)

      a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust.

7Close associates

1. (1)

   Two persons are close associates if—

   1. (a)

      one is a spouse, domestic partner, parent, brother, sister or child of the other; or

   2. (b)

      they are members of the same household; or

   3. (c)

      they are in partnership; or

   4. (d)

      they are joint venturers; or

   5. (e)

      they are related bodies corporate; or

   6. (f)

      one is a body corporate and the other is a director or executive officer of the body corporate; or

   7. (g)

      one is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or

   8. (h)

      one is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding (within the meaning of the Corporations Act 2001 of the Commonwealth) in the body corporate; or

   9. (i)

      one has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or

   10. (j)

       one is in a position to exercise control or significant influence over the conduct of the other; or

   11. (k)

       a chain of relationships can be traced between them under any one or more of the above paragraphs.

2. (2)

   In subsection (1)—

prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth;

substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth.

7AExemptions

If a provision of this Act allows a licensing authority to grant an exemption from a provision or requirement under this Act (including a provision or requirement under a code of practice), the licensing authority may vary or revoke the exemption, and must give notice of the variation or revocation of the exemption in a manner and form determined by the licensing authority.

Part 2Licensing authoritiesDivision 1The Commissioner and staff8Liquor and Gambling Commissioner

1. (1)

   The office of Liquor and Gambling Commissioner continues.

2. (2)

   The Commissioner is responsible to the Minister for the administration of this Act.

3. (3)

   The Commissioner is to be a Public Service employee.

9Inspectors and other officers

1. (1)

   The Commissioner's staff consists of the inspectors and other officers necessary to assist the Commissioner in the administration and enforcement of this Act and any other Acts under which the Commissioner exercises functions and powers.

2. (2)

   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 an Act, produce that certificate.

10Delegation

1. (1)

   The Commissioner may delegate powers or functions (under this Act or any other Act or instrument) to any person.

2. (2)

   A delegation under this section—

   1. (a)

      may be absolute or conditional; and

   2. (b)

      does not derogate from the power of the Commissioner to act personally in any matter; and

   3. (c)

      is revocable at will; and

   4. (d)

      may, if the instrument of delegation so provides, be further delegated.

11Disclosure of information

The Commissioner may disclose information gained in the course of the administration of this Act—

1. (a)

   to authorities responsible for the administration of liquor licensing laws in other States and Territories of the Commonwealth; and

2. (b)

   to any other authorities that may require the information for the purpose of discharging duties of a public nature; and

3. (c)

   if the information is disclosed in a form that does not identify the person to whom it relates—to any other person, or in any other way, the Commissioner (in the exercise of an absolute discretion) considers appropriate in the public interest.

11AAPublication of determinations – confidential information

If the Commissioner publishes a determination made under this Act, the Commissioner may exclude from publication information that the Commissioner considers to be—

1. (a)

   personal information of a confidential nature; or

2. (b)

   information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were published; or

3. (c)

   information the publication of which would, or could reasonably be expected to, prejudice the commercial position of a person or confer a commercial advantage on a person; or

4. (d)

   information the publication of which—

   1. (i)

      would otherwise be contrary to the public interest; or

   2. (ii)

      would be inappropriate for such other reason as the Commissioner thinks fit.

11ACodes of practice

1. (1)

   For the purposes of this Act, the Commissioner may, by notice in the Gazette, publish a code of practice that has been approved by the Minister.

2. (2)

   Without limiting the matters that may be included in a code of practice, a code of practice may include measures that can reasonably be considered appropriate and adapted to the furtherance of the objects of this Act.

3. (2a)

   The Commissioner may include provisions in a code of practice that declare whether a contravention of, or failure to comply with, a provision of the code is to be expiable for the purposes of section 45.

4. (3)

   A code of practice may—

   1. (a)

      be of general or limited application; and

   2. (b)

      vary in operation according to factors stated in the code; and

   3. (c)

      provide for the granting by the Commissioner of exemptions (conditional or unconditional) from specified provisions of the code.

5. (3a)

   The Commissioner may include provisions in a code of practice that—

   1. (a)

1. 1. declare whether contravention or failure to comply with a provision of the code is a category A, B, C or D offence for the purpose of section 45; and

   2. (b)

      if the offence is to be expiable—declare whether the offence is a category A, B, C or D expiable offence for the purposes of that section.

2. (4)

   The Commissioner may, by subsequent notice in the Gazette, vary or revoke a code of practice.

3. (4a)

   The Commissioner must, before making or varying a code of practice, undertake consultation (in such manner as the Commissioner thinks fit) with persons or bodies that the Commissioner is satisfied represent the interests of licensees affected by the proposed code or variation.

4. (5)

   A notice published in the Gazette under this section may come into operation on the day on which it is published or on a later day or days specified in the notice.

5. (6)

   Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to a notice published in the Gazette under this section as if it were a regulation within the meaning of that Act.

6. (7)

   A person is, in relation to the performance of a prescribed function under a code of practice, exempt from the operation of the Security and Investigation Industry Act 1995.

11BReview of codes of practice

1. (1)

   The Minister must cause a review of the operation of any codes of practice published under section 11A to be conducted immediately following the first anniversary of the commencement of this section.

2. (2)

   A review under subsection (1) must be completed, and a report on the results of the review provided to the Minister, within 6 months after the first anniversary of the commencement of this section.

3. (3)

   The Minister must, within 12 sitting days after receipt of a report, cause copies of the report to be laid before each House of Parliament.

11CSteps to avoid conflict with planning system

The Commissioner should—

1. (a)

   in the development and implementation of a code of practice; or

2. (b)

   in the assessment of an application for a licence under this Act; or

3. (c)

   in the imposition of conditions under this Act,

take reasonable steps to avoid any inconsistency with, or the duplication of, matters that are dealt with or addressed under the Planning, Development and Infrastructure Act 2016.

Division 2The Licensing Court of South Australia12Continuation of Court

The Licensing Court of South Australia continues in existence.

13Court to be court of record

The Court is a court of record.

13ASeal

1. (1)

   The Court will have such seals as are necessary for the transaction of its business.

2. (2)

   A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.

14Constitution of the Court

1. (1)

   The Court is constituted of—

   1. (a)

      the Licensing Court Judge; or

   2. (b)

      some other District Court Judge, or former District Court Judge, with authority to exercise the jurisdiction of the Court.

2. (2)

   The Court, separately constituted of different Judges, may sit at the same time to hear and determine separate proceedings.

15Judges

1. (1)

   The Governor may, by proclamation—

   1. (a)

      designate a District Court Judge as the Licensing Court Judge; or

   2. (b)

      confer on other District Court Judges, or former District Court Judges, authority to exercise the jurisdiction of the Court; or

   3. (c)

      vary or revoke a proclamation under this section.

2. (2)

   If a proclamation under subsection (1)(a) or (b) so provides, it lapses at the end of a specified period.

3. (3)

   The Licensing Court Judge is responsible for the administration of the Court.

4. (4)

   If the Licensing Court Judge is absent or unable to act, another Judge of the Court nominated by the Governor will act in the office of the Licensing Court Judge.

5. (5)

   The Licensing Court Judge may delegate any power or function under this Act to another Judge of the Court.

6. (6)

   A delegation under subsection (5) is revocable at will and does not derogate from the power of the Licensing Court Judge to act himself or herself in any matter.

7. (7)

   A Judge has the same privileges and immunities from liability as a Judge of the Supreme Court.

15ARegistrar

1. (1)

   A person may be appointed to be the Registrar of the Court on a basis determined by the Minister.

2. (2)

   The office of Registrar may be held in conjunction with another office or position.

16Jurisdiction of the Court

The Court has the jurisdiction conferred on it by this Act or any other Act.

16ARules

1. (1)

   Rules of court may be made under this Act to regulate the practice and procedure of the Court and to provide for any other matter necessary or expedient for the effective and efficient operation of the Court.

2. (2)

   The power to make rules under this section includes the power to make rules in respect of any jurisdiction conferred on the Court by another Act.

3. (3)

   Rules of the Court may be made by the Licensing Court Judge.

4. (4)

   Rules of the Court take effect as from the date of publication in the Gazette or a later date specified in the rules.

Division 3Division of responsibilities between the Commissioner and the Court

17Division of responsibilities between Commissioner and the Court

The powers and responsibilities of a licensing authority under this Act are divided between the Commissioner and the Court as follows:

1. (a)

   the Court is to determine the following matters:

   1. (i)

      all matters referred to the Court under a provision of this Act for hearing and determination by the Court; and

   2. (ii)

      all other matters that are, under some other provision of this Act, to be determined by the Court;

2. (b)

   the Commissioner is to determine all matters that are not to be determined by the Court under paragraph (a).

Division 4Proceedings before the Commissioner18Proceedings before the Commissioner

In proceedings under this Act, the Commissioner—

1. (a)

   must act without undue formality; and

2. (b)

   is not bound by the rules of evidence but may inform himself or herself on any matter as the Commissioner thinks fit.

19Powers of Commissioner with respect to witnesses and evidence

1. (1)

   The Commissioner may exercise the following powers:

   1. (a)

      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;

   2. (b)

      by summons, require the production of records;

   3. (c)

      inspect records, and take copies of, or extracts from, them;

   4. (d)

      require any person to take an oath or affirmation verifying evidence given, or to be given, before the Commissioner;

   5. (e)

      require any person appearing before the Commissioner to answer a question put by the Commissioner or some other person.

2. (2)

   A person who—

   1. (a)

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

   2. (b)

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

   3. (c)

      refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Commissioner,

is guilty of an offence.

Maximum penalty: $2 500.

20Representation

1. (1)

   A party to, or another person involved in, proceedings before the Commissioner, other than proceedings relating to an application under Part 4 in relation to which the Commissioner has determined not to hold a hearing, may appear in those proceedings—

   1. (a)

      personally; or

   2. (b)

      by counsel; or

   3. (c)

      if the party or other person 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

   4. (d)

      if the party or other person is a trust or corporate entity—by an officer or employee of the entity; or

   5. (e)

      with the permission of the Commissioner—by any other person.

2. (2)

   The Commissioner of Police may be represented in proceedings (other than proceedings relating to an application under Part 4 in relation to which the Commissioner has determined not to hold a hearing) before the Commissioner by a police officer.

21Power of Commissioner to refer questions to the Court

1. (1)

   Without limiting anything in Part 4 Division 13, the Commissioner may refer for hearing and determination by the Court—

   1. (a)

      any proceedings that involve questions of substantial public importance; or

   2. (b)

      any question of law that arises in proceedings before the Commissioner; or

   3. (c)

      any other matter that should, in the public interest or in the interests of a party to the proceedings, be heard and determined by the Court.

2. (2)

   Subsection (1)(a) and (c) does not apply to an application to which section 52 applies that relates to a small venue licence.

22Application for review of Commissioner's decision

1. (1)

   Subject to subsection (3), the following persons may apply to the Court for a review of a decision of the Commissioner in relation to an application for or in relation to a licence under Part 4:

   1. (a)

      in the case of a decision of the Commissioner where the Commissioner held a hearing in respect of the application—a person involved in the hearing;

   2. (b)

      in the case of a decision of the Commissioner relating to a designated application (other than a decision of a kind referred to in paragraph (a))—

      1. (i)

         the applicant; or

      2. (ii)

         if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police; or

      3. (iii)

         any other person who made written submissions relating to the application;

   3. (c)

      in any other case—

      1. (i)

         the applicant; or

      2. (ii)

         the licensee (in a case where the licensee is not the applicant); or

      3. (iii)

         if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police; or

      4. (iv)

         any other person with the permission of the Court.

2. (2)

   Subject to subsection (3)—

   1. (a)

      a party to any other proceedings before the Commissioner under this Act who is dissatisfied with a decision made by the Commissioner in the proceedings may apply to the Court for a review of the Commissioner's decision; and

   2. (b)

      a licensee who is dissatisfied with a decision made by the Commissioner under section 43(1) in circumstances in which there were no proceedings before the Commissioner may apply to the Court for a review of the Commissioner's decision.

3. (3)

   If the Commissioner's decision relates to a subject on which the Commissioner has an absolute discretion, the decision, insofar as it was made in the exercise of that discretion, is not reviewable by the Court.

4. (4)

   Despite subsection (3)—

   1. (a)

      an applicant for, or in relation to, a small venue or short term licence who is dissatisfied with a decision of the Commissioner in relation to the applicant's application may apply to the Court for a review of the decision; and

   2. (b)

      the Commissioner of Police may apply to the Court for a review of the Commissioner's decision to grant an application for, or in relation to, a small venue or short term licence.

5. (5)

   A review on application by the Commissioner of Police under subsection (1) or (4)(b) is limited to whether a particular person is a fit and proper person, or whether the Commissioner's decision is contrary to the public interest.

6. (6)

   An application for review of a decision of the Commissioner must be made within 1 month after the applicant for the review receives notice of the decision or a longer period allowed by the Court.

7. (7)

   A review is in the nature of a rehearing.

8. (8)

   On a review, the Court may exercise any 1 or more of the following powers:

   1. (a)

      affirm, vary or quash the decision subject to the review;

   2. (b)

      make any decision that should, in the opinion of the Court, have been made in the first instance;

   3. (c)

      refer a matter back to the Commissioner for rehearing or reconsideration;

   4. (d)

      make any incidental or ancillary order.

Division 5Proceedings before the Court22ATime and place of sittings

1. (1)

   The Court may sit at any time (including a Sunday).

2. (2)

   The Court may sit at any place (either within or outside the State).

3. (3)

   The Court will sit at such times and places as the Licensing Court Judge may direct.

22BAdjournment from time to time and place to place

The Court may—

1. (a)

   adjourn proceedings from time to time and from place to place; or

2. (b)

   adjourn proceedings to a time, or a time and place, to be fixed; or

3. (c)

   order the transfer of proceedings from place to place.

22CHearing in public

1. (1)

   Subject to this and any other Act, proceedings before the Court must be heard in public.

2. (2)

   The Court may, at any stage of the proceedings on its own initiative or on the application of a party, give directions—

   1. (a)

      requiring particular persons to withdraw from a hearing before the Court, or excluding particular persons from a hearing before the Court, so that it may be conducted in private; or

   2. (b)

      prohibiting or restricting the publication of evidence given before the Court or of the contents of any document produced to the Court.

3. (3)

   A person must comply with a direction of the Court under subsection (2).

Maximum penalty: $5 000.

23Proceedings before the Court

In proceedings before the Court (under this Act or any other Act) the Court—

1. (a)

   must act without undue formality; and

2. (b)

   is not bound by the rules of evidence but may inform itself on any matter as it thinks fit.

24Powers with respect to witnesses and evidence

1. (1)

   The Court may exercise any of the following powers:

   1. (a)

      by summons, require any person to attend before the Court at a time and place specified in the summons to give evidence relevant to proceedings before the Court;

   2. (b)

      by summons, require the production of records;

   3. (c)

      inspect records, and take copies of, or extracts from, them;

   4. (d)

      require any person to take an oath or affirmation verifying evidence given, or to be given, before the Court;

   5. (e)

      require any person appearing before it to answer a question put by the Court or some person appearing before the Court.

2. (1a)

   If the Court requires the attendance before it of any person who is held in custody in the State, the Court may—

   1. (a)

      issue a summons requiring the custodian to produce that person before the Court at a nominated time and place; or

   2. (b)

      issue a warrant authorising the sheriff, or a police officer, to take the person from the custodian and bring him or her before the Court.

3. (2)

   A person who—

   1. (a)

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

   2. (b)

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

   3. (ba)

      misbehaves before the Court, wilfully insults the Court, or wilfully interrupts the proceedings of the Court; or

   4. (c)

      refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Court,

is guilty of an offence.

Maximum penalty: $2 500.

1. (3)

   A summons may be issued on behalf of the Court, on the application of any party to proceedings before the Court, by—

   1. (a)

      a Judge.

24AEntry and inspection of property

1. (1)

   The Court may enter any land or building and carry out any inspection that the Court considers relevant to a proceeding before the Court.

2. (2)

   A person who obstructs the Court in the exercise of a power of entry or inspection under this section is guilty of an offence.

Maximum penalty: $5 000.

24BInjunctive remedies

1. (1)

   If there are reasonable grounds to believe that a person is about to contravene or to fail to comply with a provision of this Act or a condition of a licence, the Court has jurisdiction to order the person to refrain from the contravention or non‑compliance.

2. (2)

   A person who contravenes or fails to comply with an order under subsection (1) commits a contempt of the Court.

24CPunishment of contempts

1. (1)

   A contempt of the Court is a summary offence punishable by a maximum fine of $10 000 or imprisonment for a maximum term of 6 months.

2. (2)

   The jurisdiction to deal with an offence against subsection (1) is vested in the Court.

3. (3)

   If a contempt is committed in the face of the Court, the matter may be dealt with immediately (without the necessity of laying a charge or other formality) and the Court may proceed to convict and fine the offender as it thinks fit.

25Representation

1. (1)

   A party to proceedings before the Court may appear in the proceedings—

   1. (a)

      personally; or

   2. (b)

      by counsel; or

   3. (c)

      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

   4. (d)

      if the party is a trust or corporate entity—by an officer or employee of the entity; or

   5. (e)

      with the permission of the Court—by any other person.

2. (2)

   The Commissioner of Police may be represented in proceedings before the Court by a police officer.

25AIntervention by Commissioner

The Commissioner may intervene in proceedings before the Court under this Act for the purpose of introducing evidence, or making representations, on any question before the Court.

26Power to award costs

If the Court is of the opinion that a person acted unreasonably, frivolously or vexatiously in bringing or in relation to the conduct of proceedings, the Court may make an award of costs against the person.

27Appeal from orders and decisions of the Court

1. (1)

   A party to proceedings before the Court may, with the permission of the Court of Appeal, appeal against any order or decision of the Court.

2. (2)

   However, no appeal lies against—

   1. (a)

      an order or decision of the Court made on a review of a decision of the Commissioner under this or some other Act; or

   2. (b)

      an order or decision of the Court excluded from appeal under a provision of this or some other Act.

3. (3)

   An appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.

4. (4)

   An appeal under this section must be heard and determined by the Court of Appeal.

5. (5)

   On an appeal under this section, the Court of Appeal may—

   1. (a)

      affirm, vary or quash the order or decision subject to the appeal;

   2. (b)

      make any order or decision that should, in the opinion of the Court of Appeal, have been made in the first instance;

   3. (c)

      remit the subject matter of the appeal for further hearing by the Court;

   4. (d)

      make any incidental or ancillary order.

28Reference of question of law

The Court may refer a question of law for determination by the Court of Appeal.

Division 5AIntervention by Commissioner of Police28AAIntervention by Commissioner of Police

1. (1)

   The Commissioner of Police may intervene in proceedings before a licensing authority, by notice lodged in a manner and form approved by the Commissioner, at least 7 days before the day appointed for the determination or hearing of the proceedings (or such lesser period as the licensing authority may allow), for the purpose of introducing evidence, or making submissions, on any question before the authority.

2. (2)

   However, the Commissioner of Police may only intervene in proceedings in connection with an application under Part 4 on the question of—

   1. (a)

      whether a person is a fit and proper person; or

   2. (b)

      whether, if the application were to be granted, public disorder or disturbance would be likely to result; or

   3. (c)

      whether to grant the application would be contrary to the public interest.

Division 6Criminal intelligence28ACriminal intelligence

1. (1)

   Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Commissioner, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure.

2. (2)

   If a licensing authority—

   1. (a)

      refuses an application for a licence, the transfer of a licence or an approval, or takes disciplinary action against a person, or revokes or proposes to revoke an approval under section 71AA; and

   2. (b)

      the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence,

the licensing authority is not required to provide any grounds or reasons for the decision other than that to grant the application would be contrary to the public interest, or that it would be contrary to the public interest if the person were to be or continue to be licensed or approved, or that it would be contrary to the public interest if the approval were to continue in force.

1. (2a)

   If the Commissioner proposes to impose a licence condition to improve public order and safety or to issue a public order and safety notice in respect of a licence and the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the Commissioner is not required to provide any grounds or reasons for the decision other than that it would be contrary to the public interest if the condition were not imposed or the notice were not issued.

2. (3)

   If the Commissioner of Police makes written submissions opposing an application under Part 4 because of information that is classified by the Commissioner of Police as criminal intelligence—

   1. (a)

      the Commissioner of Police is not required to serve a copy of the written submissions on the applicant; and

   2. (b)

      the licensing authority must, at least 7 days before the day appointed for the hearing or determination of the application, advise the applicant in writing that the Commissioner of Police has made written submissions opposing the application on the ground that to grant the application would be contrary to the public interest.

3. (4)

   If the Commissioner or the Commissioner of Police lodges a complaint under Part 8 in respect of a person because of information that is classified by the Commissioner of Police as criminal intelligence, the complaint need only state that it would be contrary to the public interest if the person were to be or continue to be licensed or approved.

4. (5)

   If the Commissioner of Police bars a person from entering or remaining on licensed premises by order under Part 9 Division 3 because of information that is classified by the Commissioner of Police as criminal intelligence, the order need only state that it would be contrary to the public interest if the person were not so barred.

5. (5a)

   In any proceedings under this Act, the Commissioner, the Court or the Supreme Court—

   1. (a)

      must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and

   2. (b)

      may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent.

6. (6)

   The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.

Part 3LicencesDivision 1Requirement to hold licence29Requirement to hold licence

1. (1)

   A person who sells liquor without being licensed under this Act to do so (or who sells liquor under a licence that is suspended) is guilty of an offence.

Maximum penalty:

1. (a)

   for a first offence—$20 000;

2. (b)

   for a second or subsequent offence—$40 000.

1. (2)

   An occupier or person in charge of premises on which liquor is sold in contravention of subsection (1) who knowingly permits the sale is guilty of an offence.

Maximum penalty:

1. (a)

   for a first offence—$20 000;

2. (b)

   for a second or subsequent offence—$40 000.

1. (3)

   If a prescribed person sells liquor to another person and—

   1. (a)

      the prescribed person reasonably believes, or ought reasonably to believe, that the other person intends to sell the liquor in contravention of subsection (1); and

   2. (b)

      that other person sells the liquor in contravention of subsection (1),

the prescribed person is guilty of an offence.

Maximum penalty:

1. (a)

   for a first offence—$20 000;

2. (b)

   for a second or subsequent offence—$40 000.

1. (4)

   In this section—

prescribed person means—

1. (a)

   a licensee; or

2. (b)

   a person employed or engaged by a licensee; or

3. (c)

   an agent of a licensee.

30Cases where licence is not required

A licence is not required for the sale of liquor—

1. (a)

   where the liquor is sold for medicinal purposes—

   1. (i)

      by a registered pharmaceutical chemist; or

   2. (ii)

      by or on the prescription of a registered medical practitioner or registered dentist; or

2. (b)

   where the liquor is sold to a religious organisation or a representative of a religious organisation for sacramental or other similar religious purposes; or

3. (c)

   where the liquor is supplied in the course of an educational course declared by the Minister by notice in the Gazette to be an approved course for the purposes of this section; or

4. (d)

   where the liquor is sold in Parliament House by the proper authority; or

5. (e)

   where the liquor is an allowance supplied by the master of a ship to a member of the ship's crew; or

6. (f)

   where the liquor is supplied to a patient in a hospital by or under the authority of the body responsible for administering the hospital; or

7. (g)

   where the liquor is won as a prize in a game of skill or chance; or

8. (h)

   where the sale is exempted by the regulations from the application of this Act.

Division 2LicencesSubdivision 1Authorised trading in liquor31Authorised trading in liquor

1. (1)

   Subject to this Act, a licence authorises the licensee to sell and supply liquor in accordance with the terms and conditions of the licence (including the trading hours fixed by the licensing authority).

2. (2)

   There will be the following classes of ongoing licences (see Subdivision 2):

   1. (a)

      general and hotel licence;

   2. (b)

      on premises licence;

   3. (c)

      residential licence;

   4. (d)

      restaurant and catering licence;

   5. (e)

      club licence;

   6. (f)

      packaged liquor sales licence;

   7. (g)

      liquor production and sales licence;

   8. (h)

      small venue licence.

3. (3)

   There will be a class of temporary licence known as a short term licence (see Subdivision 3).

4. (4)

   There will be a class of licence granted to the holder of a corresponding authorisation in another State or Territory of the Commonwealth known as an interstate direct sales licence (see Subdivision 4).

Subdivision 2Ongoing licences32General and hotel licence

Subject to this Act and the conditions of the licence, a general and hotel licence authorises the licensee—

1. (a)

   to sell liquor on the licensed premises at any time for consumption on the licensed premises; and

2. (b)

   to sell liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between 8 am and 10 pm for consumption off the licensed premises; and

3. (c)

   to sell liquor at any time on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and

4. (d)

   to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm).

33On premises licence

Subject to this Act and the conditions of the licence, an on premises licence authorises the licensee to sell liquor at any time—

1. (a)

   to a person on licensed premises for consumption on the licensed premises; and

2. (b)

   to a resident on licensed premises for consumption on or off the licensed premises.

34Residential licence

1. (1)

   Subject to this Act and the conditions of the licence, a residential licence authorises the licensee to sell liquor on the licensed premises at any time—

   1. (a)

      to a resident on licensed premises for consumption on or off the licensed premises; and

   2. (b)

      to a guest of a resident on the licensed premises for consumption on the licensed premises, if the resident is also present on the licensed premises; and

   3. (c)

      to a person dining on the licensed premises for consumption with or ancillary to a meal provided by the licensee; and

   4. (d)

      for consumption on the licensed premises to a person—

      1. (i)

         attending a reception; or

      2. (ii)

         attending a function at which food is provided; or

      3. (iii)

         seated at a table.

2. (2)

   A residential licence is subject to the condition that business must be conducted at the licensed premises such that the provision of accommodation to members of the public is at all times the primary service provided to the public at the premises, except as otherwise allowed by a condition of the licence.

35Restaurant and catering licence

1. (1)

   Subject to this Act and the conditions of the licence, a restaurant and catering licence—

   1. (a)

      authorises the consumption of liquor on the licensed premises at any time with or ancillary to a meal provided by the licensee; and

   2. (b)

      authorises the licensee to sell liquor at any time for consumption on the licensed premises—

      1. (i)

         with or ancillary to a meal provided by the licensee or in prescribed circumstances; or

      2. (ii)

         to a person—

         1. (A)

            attending a function at which food is provided; or

         2. (B)

            seated at a table; and

   3. (c)

      authorises the licensee to sell liquor in accordance with a condition under subsection (3).

2. (2)

   A restaurant and catering licence is subject to the condition that business must be conducted at the licensed premises such that the supply of meals is at all times the primary service provided to the public at the premises, except as otherwise allowed by a condition of the licence.

3. (3)

   For the purposes of subsection (1)(c), the conditions of a restaurant and catering licence may authorise the licensee to sell or supply liquor for consumption at the site of a function off the licensed premises by persons attending the function, provided that—

   1. (a)

      food is provided by the licensee at the function; and

   2. (b)

      the licensee has been given notice of the function at least 24 hours before the function; and

   3. (c)

      the licensee maintains records relating to the function in accordance with any requirements of the licensing authority,

and the licensed premises are, for the period during which the licensee is so authorised to sell or supply liquor, to be regarded as including the site at which the function is held.

36Club licence

1. (1)

   Subject to this Act and the conditions of the licence, a club licence authorises the licensee—

   1. (a)

      to sell liquor at any time for consumption on the licensed premises;

   2. (b)

      to sell liquor on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and

   3. (c)

      to sell liquor at any time through direct sales transactions to a member of the club (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm).

2. (2)

   In addition, the licensing authority may include a condition on a club licence authorising the sale of liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between 8 am and 10 pm for consumption off the licensed premises.

3. (3)

   A club licence is subject to the condition that the licence does not authorise the sale of packaged liquor from a facility commonly known as a drive‑in or drive through bottle shop.

4. (4)

   In addition, a club licence is subject to the following conditions:

   1. (a)

      if there is a change to the composition of the committee of management of the club, the club will, within 14 days, give the Commissioner notice of the change in the form and containing the information required by the Commissioner;

   2. (b)

      if the licensing authority notifies the club that it considers that any member of the committee of management of the club is not a fit and proper person to be in a position of authority in the club, the club will immediately take action to have that person removed from the committee of management.

5. (5)

   A club licence may only be held by a club that is—

   1. (a)

      a non‑profit association incorporated under the Associations Incorporation Act 1985; or

   2. (b)

      a company limited by guarantee under the Corporations Act 2001 of the Commonwealth.

6. (6)

   However, the licensing authority may grant a club licence to a trustee for an association if satisfied that—

   1. (a)

      the association is unable to become incorporated; or

   2. (b)

      it is inappropriate to require the incorporation of the association.

7. (7)

   A club is not eligible to hold a club licence unless the licensing authority is satisfied that—

   1. (a)

      subject to subsection (8), the club will be entitled to exclusive possession of the licensed premises at times when the sale of liquor is authorised by the licence; and

   2. (b)

      the rules of the club also make appropriate provision for—

      1. (i)

         management of the affairs of the club by a management committee elected by the general body of members; and

      2. (ii)

         regular meetings of the general body of members and the management committee; and

      3. (iii)

         admission to membership of the club; and

      4. (iv)

         the payment of subscriptions by the ordinary members of the club; and

      5. (v)

         the keeping of proper records of the proceedings of the club and its financial affairs.

8. (8)

   Subsection (7)(a) does not apply to licensed premises in respect of which 2 or more clubs licences are granted if—

   1. (a)

      only those licensees are entitled to exclusive possession of the premises at times when the sale of liquor is authorised by the relevant licences; and

   2. (b)

      each licensee maintains a register in accordance with section 48(3)(b).

9. (9)

   The licensing authority may endorse a club licence with an authorisation to sell or supply liquor on a site used for club activities specified in the endorsement during an event specified in the endorsement for consumption on or off the site as specified in the endorsement (a club event endorsement), except if the licensing authority is of the opinion that the trade to be authorised by the endorsement would, in view of the likely scale or nature of the event or for any other reason, be better authorised by a short term licence or licence of some other category.

10. (10)

    A club licence with a club event endorsement authorises the licensee to sell or supply liquor in accordance with the endorsement and the licensed premises are, for the period for which the licensee is so authorised to sell or supply liquor, to be regarded as including any site specified in the endorsement.

11. (11)

    The licensing authority may endorse a club licence held by a club with an authorisation to sell or supply liquor to, or allow the consumption of liquor by, members of the club on a public conveyance specified in the endorsement for the purposes of transporting members to and from club activities specified in the endorsement (a club transport endorsement).

12. (12)

    A club licence with a club transport endorsement authorises the licensee to sell or supply, or allow the consumption of, liquor in accordance with the endorsement and the licensed premises are, for the period for which the licensee is so authorised, to be regarded as including any public conveyance specified in the endorsement.

37Small venue licence

1. (1)

   Subject to this Act and the conditions of the licence, a small venue licence authorises the licensee to sell liquor on the licensed premises for consumption on the licensed premises between 8 am on 1 day and 2 am the following day.

2. (2)

   Without limiting any other provision of this Act, a small venue licence can only be granted in respect of premises located, or to be located, in a prescribed area.

3. (3)

   A small venue licence is subject to a condition limiting the number of patrons that can be on the licensed premises at any 1 time to not more than 120 (or a lesser number determined by the licensing authority).

4. (4)

   In this section—

Adelaide central business district means the area of the City of Adelaide bounded—

1. (a)

   on the north by the northern bank of the River Torrens; and

2. (b)

   on the south by the northern alignment of South Terrace; and

3. (c)

   on the east by the western alignment of East Terrace and its prolongation north to the northern bank of the River Torrens; and

4. (d)

   on the west by the eastern alignment of West Terrace and its prolongation north to the northern bank of the River Torrens;

prescribed area means—

1. (a)

   the Adelaide central business district; and

2. (b)

   any other area declared by the regulations to be a prescribed area for the purposes of this section;

prescribed bodies means—

1. (a)

   if a proposed prescribed area falls wholly or partly within the area of a council—the council; and

2. (b)

   any other body prescribed by the regulations for the purposes of this definition.

1. (5)

   The Minister must consult in such manner as the Minister thinks fit with the prescribed bodies in relation to any proposed regulations declaring an area to be a prescribed area.

38Packaged liquor sales licence

1. (1)

   Subject to this Act and the conditions of the licence, a packaged liquor sales licence authorises the licensee—

   1. (a)

      to sell liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between the hours of 8 am and 10 pm for consumption off the licensed premises; and

   2. (b)

      to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm); and

   3. (c)

      to sell or supply liquor by way of sample for consumption on the licensed premises.

2. (2)

   A packaged liquor sales licence is subject to the condition that the licence does not authorise the sale of packaged liquor from a facility commonly known as a drive‑in or drive through bottle shop.

3. (3)

   In addition, it is a condition of a packaged liquor sales licence that the licensed premises must be devoted entirely to the business conducted under the licence and must be physically separate from premises used for other commercial purposes.

   Note—

   Goods may be sold in the same premises if they are of the kind normally associated with, and incidental to, the sale of liquor (eg glasses, decanters, cheeses and pates).

4. (4)

   For the purposes of subsection (3), licensed premises will not be regarded as physically separate from premises used for other commercial purposes unless—

   1. (a)

      the licensed premises are separated from the other premises by a permanent barrier that is not transparent and is of a height of at least 2.5 metres; and

   2. (b)

      subject to subsection (5), the licensed premises cannot be accessed from the other commercial premises.

5. (5)

   If licensed premises and other commercial premises, being premises at which goods are sold to the public by retail, are located within a shopping centre and the licensed premises can only be accessed from the other commercial premises by use of a common area within the shopping centre (such as a mall or thoroughfare), it will be taken for the purposes of subsection (4)(b) that the licensed premises cannot be accessed from the other commercial premises.

6. (6)

   The licensing authority may grant an exemption from the condition under subsection (3) if, in the opinion of the licensing authority, it is in the public interest to do so.

   Note—

   For example, a general store in a regional location might satisfy the licensing authority that it is in the public interest that an exemption from the condition in subsection (3) be granted.

7. (7)

   A packaged liquor sales licence may only be granted in respect of premises of a prescribed kind if the licensing authority is satisfied that there is a proper reason to do so.

39Liquor production and sales licence

1. (1)

   Subject to this Act and the conditions of the licence, a liquor production and sales licence authorises the licensee—

   1. (a)

      to sell liquor (including the licensee's product) by wholesale on the licensed premises at any time for consumption off the licensed premises; and

   2. (b)

      to sell liquor (other than the licensee's product) by retail in an aggregate quantity of 4.5 litres or more on the licensed premises for consumption off the licensed premises; and

   3. (c)

      to sell the licensee's product by retail on the licensed premises at any time for consumption on or off the licensed premises; and

   4. (d)

      to sell, at any time through direct sales transactions—

      1. (i)

         the licensee's product; or

      2. (ii)

         liquor in an aggregate quantity of 4.5 litres or more; or

      3. (iii)

         liquor by wholesale,

   (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm); and

   1. (e)

      to sell or supply liquor (including the licensee's product or, for the purposes of comparison with the licensee's product, other liquor of the same type as the licensee's product) by way of sample for consumption on the licensed premises; and

   2. (f)

      to sell liquor at any time on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and

1. 1. (g)

      to sell liquor at any time for consumption on the licensed premises—

      1. (i)

         with or ancillary to a meal provided by the licensee; or

      2. (ii)

         to a person—

         1. (A)

            attending a function at which food is provided; or

         2. (B)

            seated at a table.

2. (2)

   The following rules apply for the purposes of subsection (1):

   1. (a)

      if a licensee has production premises—the licensed premises may be comprised of either a production outlet, retail outlet or wholesale outlet or a combination of such outlets;

   2. (b)

      if a licensee does not have production premises—the licensed premises may be comprised of a retail outlet or wholesale outlet (or both);

   3. (c)

      a production outlet must be comprised of—

      1. (i)

         the whole or a part of the licensee's production premises; or

      2. (ii)

         premises that are adjacent to the licensee's production premises and approved by the licensing authority for the purpose;

   4. (d)

      a retail outlet and a wholesale outlet must be comprised of premises approved by the licensing authority for the purpose;

   5. (e)

      licensed premises must not be comprised of—

      1. (i)

         premises ordinarily known or advertised as a supermarket, convenience store or delicatessen; or

      2. (ii)

         premises of a prescribed kind.

3. (3)

   The same premises may be shared by 2 or more licensees—

   1. (a)

      as a retail outlet or wholesale outlet for each of the licensees; or

   2. (b)

      as a production outlet for 1 licensee and as a retail outlet or wholesale outlet for the other licensees,

but the licensing authority must not grant a licence resulting in the same premises being so shared if of the opinion that the trade to be authorised at the premises would, in view of the number of licensees involved or the nature and extent of the trade or for any other reason, be better authorised by a packaged liquor sales licence or a licence of some other category.

1. (4)

   To the extent that licensees share the same premises as referred to in subsection (3)—

   1. (a)

      the part of the premises that is shared is referred to as a collective outlet; and

   2. (b)

      for the purposes of the application of this Act to the part of the premises that is shared, a single liquor production and sales licence will be taken to be held for that part of the premises jointly by the licensees.

2. (4a)

   A liquor production and sales licence is subject to the condition that at least 90% of the licensee's gross turnover from the sale of liquor (other than the licensee's product) for consumption off the licensed premises and through direct sales transactions in each financial year (excluding sales of liquor to the licensee's own employees and sales for the delivery of liquor outside Australia) must be derived from the sale of liquor by wholesale.

3. (5)

   The licensing authority may endorse a liquor production and sales licence with an authorisation to sell or supply liquor on a site specified in the endorsement during an event specified in the endorsement for consumption on or off the site as specified in the endorsement (a production and sales event endorsement), except if the licensing authority is of the opinion that the trade to be authorised by the endorsement would, in view of the likely scale or nature of the event or for any other reason, be better authorised by a short term licence or licence of some other category.

4. (6)

   A liquor production and sales licence with a production and sales event endorsement authorises the licensee to sell or supply liquor in accordance with the endorsement and the licensed premises are, for the period for which the licensee is so authorised to sell or supply liquor, to be regarded as including any site specified in the endorsement.

5. (7)

   For the purposes of this section, liquor is to be regarded as a licensee's product if—

   1. (a)

      in the case of beer—it was brewed by or at the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or

   2. (b)

      in the case of spirits—it was produced by or at the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or

   3. (c)

      in the case of wine—

      1. (i)

         the wine was fermented by or under the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or

      2. (ii)

         the wine was produced by blending wine produced from Australian primary produce and a substantial proportion of the blended wine was fermented by or under the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or

      3. (iii)

         the wine was produced by blending wine produced from Australian primary produce by or at the direction of the licensee (or a related body corporate) in accordance with, and during a period specified in, an approval granted by the licensing authority under subsection (8) and is uniquely the licensee's (or the related body corporate's) own product; or

   4. (d)

      in the case of other liquor—it was produced by or at the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product.

6. (8)

   The licensing authority may, on application by a licensee, grant an approval for the purposes of subsection (7)(c)(iii) if satisfied that circumstances beyond the control of the licensee warrant the licensee being authorised to produce wine during the period to be specified in the approval other than wine comprised of, or including a substantial proportion of, wine fermented by or under the direction of the licensee (or a related body corporate).

7. (8a)

   The licensing authority may exempt a licensee from subsection (2)(e), if, in the opinion of the licensing authority, it is in the public interest to do so.

8. (9)

   In this section—

licensee means the holder of a liquor production and sales licence;

production of liquor includes any step in production including the growing of grapes or other primary produce for production of liquor;

production premises of a licensee means premises to be occupied and used by the licensee for the production of liquor.

Subdivision 3Short term licence40Short term licence

1. (1)

   Subject to this Act, a short term licence authorises—

   1. (a)

      the licensee to sell or supply liquor; or

   2. (b)

      the consumption of liquor,

in accordance with the conditions of the licence, in circumstances in which the sale, supply or consumption of liquor would otherwise be unlawful.

1. (2)

   A short term licence may only be granted for an event or occasion or series of events or occasions.

2. (3)

   The Commissioner may, in the Commissioner's absolute discretion, grant or refuse to grant a short term licence subject to such conditions as the Commissioner thinks fit.

3. (4)

   However, the Commissioner must refuse to grant a short term licence if satisfied that to grant the licence would be contrary to the public interest or would be inconsistent with the objects of the Act.

4. (5)

   The Commissioner may, by written notice to the licensee, in the Commissioner's absolute discretion—

   1. (a)

      vary or revoke a condition of a short term licence (other than a mandatory condition under section 42) or impose further conditions on the licence; or

   2. (b)

      revoke a short term licence if the Commissioner is satisfied that—

      1. (i)

         it is in the public interest; or

      2. (ii)

         there is some other proper reason,

   to revoke the licence.

5. (6)

   No civil liability attaches to the Commissioner or the Crown in respect of the revocation of a short term licence in good faith under this section.

6. (7)

   The conditions of a short term licence may classify the licence for the purposes of the application of the Commissioner's codes of practice (and that classification may be varied by the Commissioner from time to time).

7. (8)

   The regulations may make further provision in relation to short term licences, including—

   1. (a)

      providing for the classes of short term licences; and

   2. (b)

      prescribing requirements relating to applications for each class of short term licence; and

   3. (c)

      prescribing fees for each class of short term licence, including, in the case of a short term licence for a term of more than 1 year, an ongoing or annual fee; and

   4. (d)

      prescribing requirements in relation to fees in respect of short term licences, including by providing for the cancellation of a short term licence if a fee in respect of the licence is not paid by the date on which the fee is due; and

   5. (e)

      providing for the maximum term for which each class of short term licence may be granted, provided that the regulations cannot provide for any short term licence to be of a term of more than 5 years; and

   6. (f)

      providing that a provision of Part 4 does not apply, or applies with prescribed variations, to an application for, or in relation to, a short term licence.

8. (9)

   Without limiting subsection (8), regulations made for the purposes of that subsection may provide for a matter referred to in subsection (8) to be determined according to—

   1. (a)

      the trade to be authorised by the licence; or

   2. (b)

      the type and duration of any event or events to be held under the licence; or

   3. (c)

      the resources related to the administration or enforcement of the Act in connection with the licence; or

   4. (d)

      any other matter,

and for a matter to be determined according to the discretion of the Commissioner.

1. (10)

   Without limiting subsection (8)(c), section 50A does not apply to an application for, or in relation to, a short term licence.

Subdivision 4Interstate direct sales licence41Interstate direct sales licence

1. (1)

   Subject to this Act and the conditions of the licence, an interstate direct sales licence authorises the licensee to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm).

2. (2)

   An interstate direct sales licence may be granted to a person who—

   1. (a)

      holds a corresponding authorisation; and

   2. (b)

      provides evidence in such manner and form as determined by the Commissioner that the person holds a corresponding authorisation; and

   3. (c)

      does not hold a licence of a class set out in section 31(2).

3. (3)

   If a corresponding authorisation of an interstate direct sales licencee is, under the relevant law of another State or Territory of the Commonwealth, suspended or revoked, the Commissioner may suspend or revoke (as the case requires) the relevant licensee's interstate direct sales licence.

4. (4)

   The regulations may provide that specified provisions of this Act do not apply, or apply with prescribed variations, to or in relation to—

   1. (a)

      an application for an interstate direct sales licence; or

   2. (b)

      the holder of an interstate direct sales licence.

5. (5)

   In this section—

corresponding authorisation means an authorisation under a law of another State or Territory of the Commonwealth for the sale or supply of liquor of a kind that authorises the sale of liquor by direct sales transactions.

Division 3Conditions of licence42Mandatory conditions

1. (1)

   It is a condition of every licence that the licensee must comply with the Commissioner's codes of practice.

2. (1a)

   It is a condition of every licence (other than a short term licence) that, if there is a change in the name of the licensed premises, the licensee must, within 14 days, give the Commissioner written notice of the change in the form determined by the Commissioner.

3. (1b)

   It is a condition of every licence that the licensee must not use a name for licensed premises if the Commissioner has issued a notice in writing to the licensee within 28 days of receiving notice of the name, or a change of name, of the licensed premises, prohibiting the licensee from using that name for the licensed premises.

4. (1c)

   It is a condition of every licence that the licensee must, within 14 days of any change of the name, address or contact details of the licensee, give the Commissioner notice of the details of the change in a form determined by the Commissioner.

5. (2)

   It is a condition of a licence authorising the sale of liquor for consumption off the licensed premises that liquor sold under that authorisation—

   1. (a)

      must be delivered to the purchaser in sealed containers or containers of a kind approved by the licensing authority; and

   2. (b)

      if the liquor is not delivered personally to the purchaser at the licensed premises—must, except in the case of a packaged liquor sales licence that authorises the licensee to sell liquor only through direct sales transactions, an interstate direct sales licence or where the licensing authority gives an authorisation to the contrary, be despatched to the purchaser from the licensed premises; and

   3. (c)

      must not be consumed on the licensed premises unless the licence also authorises the sale of liquor for consumption on the licensed premises and the liquor could have been lawfully sold and consumed on the licensed premises under that authorisation.

42ANew Year's Eve trading in relation to certain licences

1. (1)

   For the purposes of New Year's Eve trading, it is a condition of a licence authorising the sale of liquor for consumption on the licensed premises that the sale of liquor for consumption on the premises may continue until 2 am on New Year's Day.

2. (2)

   Nothing in this section limits the powers of the licensing authority under section 43.

43Power of licensing authority to impose conditions

1. (1)

   Subject to this section, the licensing authority may—

   1. (a)

      impose a condition on a licence (including a condition that varies the trading hours in respect of the licence fixed or required by or under this Act); and

   2. (b)

      vary, suspend or revoke a condition of a licence (including a condition imposed by this Act, but not including a mandatory condition contemplated by section 42).

2. (2)

   The licensing authority may impose, vary, suspend or revoke a condition under subsection (1)—

   1. (a)

      on the grant, transfer or removal of a licence; or

   2. (b)

      on application by the licensee; or

   3. (c)

      on application by the Commissioner of Police; or

   4. (d)

      on application by a prescribed person or body; or

   5. (e)

      if the licensing authority is the Court—on application by the Commissioner; or

   6. (f)

      in any other proceedings under this Act involving the licensee; or

   7. (g)

      if the Commissioner considers the imposition, variation, suspension or revocation of the condition to be in the public interest—on the Commissioner's own initiative.

3. (3)

   A reference in this section to a condition of a licence includes a reference to a rule applying under section 39(2).

45Compliance with licence conditions

1. (1)

   If a condition of a licence is not complied with—

   1. (a)

      the licensee is guilty of an offence; and

   2. (b)

      if the breach of the condition involves conduct of another person that the other person knows might render the licensee liable to a penalty—the other person is also guilty of an offence.

Maximum penalty:

1. (a)

   in the case of the licensee—

   1. (i)

      for a first offence—$10 000;

   2. (ii)

      for a second or subsequent offence—$20 000;

2. (ab)

   for an offence against a code of practice—

   1. (i)

      for a category A offence—$20 000;

   2. (ii)

      for a category B offence—$10 000;

   3. (iii)

      for a category C offence—$5 000;

   4. (iv)

      for a category D offence—$2 500;

3. (b)

   in any other case—$2 500.

Expiation fee:

1. (a)

   for an offence of a kind prescribed by the regulations—

   1. (i)

      in the case of the licensee—$1 200;

   2. (ii)

      in any other case—$210;

2. (b)

   for an offence against a code of practice—

   1. (i)

      for a category A expiable offence—$1 200;

   2. (ii)

      for a category B expiable offence—$315;

   3. (iii)

      for a category C expiable offence—$210;

   4. (iv)

      for a category D expiable offence—$160.

1. (2)

   For the purposes of subsection (1), a contravention of, or failure to comply with, a provision of a code of practice is a category A, B, C or D offence, or a category A, B, C or D expiable offence, if it has been declared to be such an offence by the Commissioner in accordance with section 11A(3a).

Division 4General provisions46Unauthorised sale or supply of liquor

1. (1)

   A licensee who sells liquor in circumstances in which the sale of liquor is not authorised by the licence is guilty of an offence.

Maximum penalty:

1. (a)

   for a first offence—$20 000;

2. (b)

   for a second or subsequent offence—$40 000.

1. (2)

   A licensee who supplies liquor to a person in or in the vicinity of licensed premises in circumstances in which the licensee would not be authorised to sell liquor to that person is guilty of an offence.

Maximum penalty:

1. (a)

   for a first offence—$20 000;

2. (b)

   for a second or subsequent offence—$40 000.

47How licences are to be held

1. (1)

   A licence may be held jointly by two or more persons.

2. (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.

3. (3)

   If the trustee of a trust holds a licence for the purposes of a business conducted by the trustee under a trust—

   1. (a)

      the name of the trust is to be specified in the licence; and

   2. (b)

      the trust is to be considered as an entity holding the licence jointly with the trustee.

48Plurality of licences

1. (1)

   A person may hold 2 or more licences.

2. (3)

   However, 2 or more licences are not to be granted for the same premises except as follows:

   1. (a)

      2 or more licences may be granted for different parts of the same premises that are separated by walls or partitions that effectively prevent their use for a common purpose; and

   2. (b)

      2 or more club licences may be granted for the same premises provided that each licensee maintains a register in accordance with conditions specified by the licensing authority containing the details required by the licensing authority (including details relating to the times at which liquor is sold by each licensee at the licensed premises); and

   3. (c)

      a short term licence may be granted for premises or a part of premises in respect of which a licence of some other class is in force; and

   4. (d)

      2 or more liquor production and sales licences may be granted for the same premises constituting a collective outlet.

50Minors not to be licensees

A minor must not—

1. (a)

   hold a licence; or

2. (b)

   occupy a position of authority in a trust or corporate entity that holds a licence,

(but a minor may be a shareholder in a proprietary company or a beneficiary of a trust that holds a licence).

50AAnnual fees

1. (1)

   A licensee (including the holder of a licence that has been suspended) must, in each year, pay to the Commissioner an annual fee in accordance with the regulations.

2. (2)

   Without limiting the matters that may be dealt with in the regulations, the regulations may—

   1. (a)

      fix the day of the month on or before which the fee is to be paid in each year; and

   2. (b)

      fix the period of 12 months (the annual fee period) in respect of which the fee is to be paid; and

   3. (c)

      provide for the fee to be determined by reference to the class of licence or business conducted under the licence, the trading hours authorised by the licence or any other factor and for a matter to be determined according to the discretion of the Commissioner; and

   4. (d)

      provide for transitional arrangements if the date for payment or the annual fee period is to be varied, including by providing for the payment of 2 fees within the same year for the purposes of the transition to a different date for payment and for an annual fee period that is longer or shorter than 12 months for the purposes of the transition to a different annual fee period.

3. (3)

   If the trading hours or conditions of a licence are varied, or circumstances vary, in respect of trade in liquor during an annual fee period such that the annual fee paid in respect of the period is less than the annual fee that would have been payable had the variations been taken into account in the calculation of the fee, the Commissioner may recalculate the annual fee and, by written notice, require the licensee to pay the difference within 28 days after service of the notice.

4. (4)

   If a licensee fails to pay the annual fee in accordance with the regulations or to pay an amount in accordance with subsection (3), the Commissioner may, by written notice, require the person to make good the default as specified in the notice and, in addition, pay to the Commissioner the amount prescribed as a penalty for default.

5. (5)

   If a licensee fails to comply with a notice under subsection (4) within 28 days after service of the notice, the licence is suspended until the notice has been complied with.

3.5.2010
amended by 49/2017 s 71(7)	18.12.2017
s 110(4)	amended by 49/2017 s 71(8)	18.12.2017
s 110(4a)	inserted by 49/2017 s 71(9)	18.12.2017
s 110(5)	amended by 55/2000 s 30(a)	1.9.2000
amended by 57/2005 s 3	17.11.2005
amended by 61/2009 s 27(2)	3.5.2010
s 110A	inserted by 49/2017 s 72	18.12.2017
s 111
s 111(1)	amended by 52/2013 s 28(1)	16.1.2014
substituted by 49/2017 s 73(1)	18.11.2019
s 111(1a)	inserted by 49/2017 s 73(1)	18.11.2019
s 111(2)	amended by 52/2013 s 28(2), (3)	16.1.2014
substituted by 49/2017 s 73(1)	18.11.2019
s 111(3)	amended by 55/2000 s 31	1.9.2000
amended by 37/2006 s 5	1.2.2007
amended by 52/2013 s 28(4)	16.1.2014
s 111(4)	deleted by 49/2017 s 73(2)	18.11.2019
s 112
s 112(1)	amended by 52/2013 s 29(1), (2)	16.1.2014
substituted by 49/2017 s 74(1)	18.11.2019
s 112(2)	amended by 37/2006 s 6	1.2.2007
s 112(3)	amended by 52/2013 s 29(3)	16.1.2014
amended by 49/2017 s 74(2)	18.11.2019
s 112(4)	amended by 52/2013 s 29(4)	16.1.2014
s 112(4a)—(4c)	inserted by 49/2017 s 74(3)	18.11.2019
s 112(5)	amended by 52/2013 s 29(5)	16.1.2014
substituted by 49/2017 s 74(4)	18.11.2019
s 112(6)	substituted by 49/2017 s 74(4)	18.11.2019
s 113 before substitution by 49/2017
s 113(1)	amended by 52/2013 s 30	16.1.2014
s 113(2)	amended by 61/2009 s 28	3.5.2010
s 113	substituted by 49/2017 s 75	18.11.2019
s 113A	inserted by 49/2017 s 76	18.11.2019
s 114 before deletion by 49/2017
s 114(3)	substituted by 55/2000 s 32	1.9.2000
amended by 57/2005 s 4	17.11.2005
s 114	deleted by 49/2017 s 77	18.12.2017
s 115
s 115(1)	amended by 37/2006 s 7(1), (2)	1.2.2007
substituted by 49/2017 s 78(1)	24.9.2018
amended by 28/2019 s 25	18.11.2019
s 115(2)	amended by 49/2017 s 78(2)	24.9.2018
s 115(3)
prescribed person	authorised person amended to read prescribed person by 37/2006 s 7(3)	1.2.2007
amended by 49/2017 s 78(3)	24.9.2018
amended by 29/2018 s 7	9.5.2019
(d) deleted by 29/2018 s 7	9.5.2019
s 115A	inserted by 49/2017 s 79	24.9.2018
s 116 before substitution by 49/2017
s 116(3a) and (3b)	inserted by 22/2005 s 35(1)	8.12.2005
deleted by 37/2006 s 8(1)	1.2.2007
s 116(4)
authorised person	amended by 55/2000 s 33	1.9.2000
amendment by 22/2005 s 35(2), (3) impliedly repealed by 37/2006	—
deleted by 37/2006 s 8(2)	1.2.2007
s 116	substituted by 49/2017 s 80	18.11.2019
s 117	deleted by 49/2017 s 81	18.12.2017
Pt 7A	inserted by 40/2011 s 34	5.3.2012
heading	substituted by 52/2013 s 31	14.11.2013
s 117A
s 117A(1)	amended by 52/2013 s 32	14.11.2013
Pt 7B	inserted by 19/2015 s 9	6.8.2015
Pt 8
s 118
s 118(1)	s 118 redesignated as s 118(1) by 22/2005 s 36	8.12.2005
amended by 49/2017 s 82(1), (2)	18.12.2017
s 118(2)	inserted by 22/2005 s 36	8.12.2005
deleted by 49/2017 s 82(3)	18.11.2019
s 119
s 119(1)	amended by 55/2000 s 34(a)	1.9.2000
amended by 22/2005 s 37(1), (2)	8.12.2005
amended by 49/2017 s 83(1)—(5)	18.11.2019
s 119(1a)	inserted by 52/2013 s 33	14.11.2013
s 119(2)	deleted by 55/2000 s 34(b)	1.9.2000
inserted by 22/2005 s 37(3)	8.12.2005
s 119A	inserted by 55/2000 s 35	1.9.2000
s 119A(1)	amended by 52/2013 s 34	14.11.2013
s 119B	inserted by 49/2017 s 84	24.9.2018
s 120
s 120(1)	amended by 22/2005 s 38(1)	8.12.2005
s 120(1a)	inserted by 22/2005 s 38(2)	8.12.2005
s 120A	inserted by 40/2011 s 35	5.3.2012
s 120A(a1)	inserted by 52/2013 s 35(1)	14.11.2013
s 120A(1)	amended by 52/2013 s 35(2)	14.11.2013
s 120A(1a)	inserted by 52/2013 s 35(3)	14.11.2013
s 120A(2)	amended by 52/2013 s 35(4)	14.11.2013
s 120A(3)—(5)	inserted by 52/2013 s 35(5)	14.11.2013
s 121
s 121(1)	amended by 52/2013 s 36(1)	14.11.2013
s 121(2)	amended by 3/2004 s 8	25.3.2004
s 121(4)	substituted by 40/2011 s 36(1)	5.3.2012
s 121(4a)	inserted by 40/2011 s 36(1)	5.3.2012
s 121(7)	inserted by 40/2011 s 36(2)	5.3.2012
prescribed offence	amended by 52/2013 s 36(2)	5.12.2013
Pt 9
heading	substituted by 40/2011 s 37	5.3.2012
Pt 9 Div 1
s 122
s 122(1)	substituted by 52/2013 s 37	14.11.2013
s 122(2)	deleted by 52/2013 s 37	14.11.2013
s 122(5)	deleted by 49/1998 s 12	8.10.1998
Pt 9 Div 2
s 124
s 124(1)	substituted by 61/2009 s 29(1)	3.5.2010
(b) deleted by 52/2013 s 38(1)	5.12.2013
s 124(1a) and (1b)	inserted by 22/2005 s 39(1)	8.12.2005
deleted by 37/2006 s 9(1)	1.2.2007
s 124(2)	amended by 55/2000 s 36	1.9.2000
substituted by 61/2009 s 29(1)	3.5.2010
substituted by 52/2013 s 38(2)	5.12.2013
s 124(2a)	inserted by 61/2009 s 29(1)	3.5.2010
s 124(3)	amended by 61/2009 s 29(2)	3.5.2010
s 124(6) before deletion by 37/2006
authorised person	amended by 55/2000 s 36	1.9.2000
amendment by 22/2005 s 39(2), (3) impliedly repealed by 37/2006	—
s 124(6)	deleted by 37/2006 s 9(2)	1.2.2007
Pt 9 Div 3
Pt 9 Div 3 Subdiv 1	inserted by 48/2008 s 6	1.3.2009
s 124A	substituted by 49/2017 s 85	24.9.2018
Pt 9 Div 3 Subdiv 2	heading inserted by 48/2008 s 6	1.3.2009
s 125
s 125(1)	amended by 55/2000 s 37(a)—(c)	1.9.2000
amended by 48/2008 s 7(1)	1.3.2009
amended by 49/2017 s 86(1)	24.9.2018
s 125(1a)	inserted by 48/2008 s 7(2)	1.3.2009
s 125(2)	amended by 48/2008 s 7(3)	1.3.2009
amended by 49/2017 s 86(2)	24.9.2018
s 125(3)	amended by 55/2000 s 37(a)	1.9.2000
s 125(4)	amended by 55/2000 s 37(a)	1.9.2000
amended by 48/2008 s 7(4)	1.3.2009
amended by 49/2017 s 86(3)	24.9.2018
s 125(5)	inserted by 55/2000 s 37(d)	1.9.2000
amended by 48/2009 s 7(5), (6)	1.3.2009
s 125(6)	inserted by 55/2000 s 37(d)	1.9.2000
Pt 9 Div 3 Subdiv 3	inserted by 48/2008 s 8	1.3.2009
s 125B
s 125B(1)	amended by 49/2017 s 87(1)	24.9.2018
s 125B(3)	amended by 49/2017 s 87(2), (3)	24.9.2018
(c) deleted by 49/2017 s 87(4)	24.9.2018
s 125B(6)
senior police officer	substituted by 49/2017 s 87(5)	24.9.2018
s 125C
s 125C(1)	amended by 49/2017 s 88	24.9.2018
Pt 9 Div 3 Subdiv 4	heading inserted by 48/2008 s 8	1.3.2009
s 125E	inserted by 48/2008 s 8	1.3.2009
s 126
s 126(1a)	inserted by 48/2008 s 9	1.3.2009
s 127
s 127(2a) and (2b)	inserted by 22/2005 s 40(1)	8.12.2005
deleted by 37/2006 s 10	1.2.2007
s 127(3) before deletion by 37/2006
authorised person	amended by 55/2000 s 38	1.9.2000
amendment by 22/2005 s 40(2), (3) impliedly repealed by 37/2006	—
s 127(3)	deleted by 37/2006 s 10	1.2.2007
s 128
s 128(1)	amended by 48/2008 s 10(1)	1.3.2009
s 128(1a)	inserted by 55/2000 s 39	1.9.2000
amended by 48/2008 s 10(2)	1.3.2009
s 128(2)	substituted by 55/2000 s 39	1.9.2000
substituted by 48/2008 s 10(3)	1.3.2009
s 128(2a) and (2b)	inserted by 48/2008 s 10(3)	1.3.2009
s 128(4)	substituted by 48/2008 s 10(4)	1.3.2009
s 128(5)	inserted by 48/2008 s 10(4)	1.3.2009
s 128A	inserted by 48/2008 s 11	1.3.2009
s 128A(1)	(b) deleted by 49/2017 s 89	24.9.2018
s 128AB	inserted by 49/2017 s 90	24.9.2018
Pt 9 Div 4	inserted by 40/2011 s 38	5.3.2012
s 128B
s 128B(2)	amended by 52/2013 s 39(1), (2)	14.11.2013
s 128B(7)	substituted by 52/2013 s 39(3)	14.11.2013
s 128B(9)	inserted by 52/2013 s 39(4)	14.11.2013
Pt 9A	inserted by 49/2017 s 91	1.1.2019
Pt 10
s 129
s 129(1)	amended by 49/2017 s 92(1)	24.9.2018
s 129(2)	amended by 49/2017 s 92(2)	24.9.2018
s 131
s 131(1)	substituted by 52/2013 s 40(1)	5.1.2015
s 131(1a)	inserted by 52/2013 s 40(1)	5.1.2015
s 131(1ab)—(1ad)	inserted by 49/2017 s 93(1)	24.9.2018
s 131(1b)	inserted by 52/2013 s 40(1)	5.1.2015
amended by 49/2017 s 93(2)	24.9.2018
s 131(1c)	inserted by 49/2017 s 93(3)	24.9.2018
s 131(2)	amended by 52/2013 s 40(2), (3)	5.1.2015
amended by 49/2017 s 93(4)	24.9.2018
s 131(3)	inserted by 61/2009 s 30	3.5.2010
amended by 49/2017 s 93(5)	24.9.2018
s 131(4)	inserted by 52/2013 s 40(4)	5.1.2015
Pt 10A	inserted by 61/2009 s 31	3.5.2010
s 131AA
s 131AA(3)	substituted by 32/2015 s 4	17.12.2015
Pt 11
s 131A before substitution by 61/2009	inserted by 22/2005 s 41	8.12.2005
s 131A(2)	deleted by 37/2006 s 11	1.2.2007
s 131A	substituted by 61/2009 s 32	3.5.2010
s 131A(1)	amended by 49/2017 s 94	24.9.2018
s 131A(2)	(c) deleted by 52/2013 s 41(1)	5.12.2013
amended by 52/2013 s 41(2)	5.12.2013
s 132	amended by 55/2000 s 40	1.9.2000
s 134
s 134(1) and (2)	deleted by 16/2013 s 64	17.6.2013
s 135
s 135(1)	amended by 55/2000 s 41	1.9.2000
s 135(2)	amended by 40/2011 s 39	5.3.2012
s 135A	inserted by 49/2017 s 95	24.9.2018
s 136
s 136(1)	amended by 40/2011 s 40(1)	5.3.2012
s 136(2)	amended by 40/2011 s 40(2)	5.3.2012
amended by 49/2017 s 96(1)	18.12.2017
s 136(2a)	inserted by 49/2017 s 96(2)	24.9.2018
s 136(4)	inserted by 40/2011 s 40(3)	5.3.2012
s 137	deleted by 84/2009 s 200	1.2.2010
s 137A	inserted by 22/2005 s 42	8.12.2005
s 137B	inserted by 37/2006 s 12	1.2.2007
s 137C	inserted by 49/2017 s 97	18.12.2017
s 138
s 138(1a)	inserted by 49/2017 s 98(1)	18.12.2017
s 138(1b)	inserted by 35/2018 s 114	22.11.2018
s 138(2a)	inserted by 52/2013 s 42	1.11.2013
amended by 49/2017 s 98(2)	18.12.2017
s 138(2b)	inserted by 49/2017 s 98(3)	18.12.2017
s 138(3)	amended by 55/2000 s 42	1.9.2000
s 138(4)	inserted by 61/2009 s 33	3.5.2010
s 138(5)	inserted by 40/2011 s 41	5.3.2012
substituted by 49/2017 s 98(4)	18.12.2017
s 138(6) and (7)	inserted by 49/2017 s 98(4)	18.12.2017
Sch before deletion by 40/2011
cl 2	omitted under Legislation Revision and Publication Act 2002	1.8.2003
cl 4	amended by 49/1998 s 13	8.10.1998
Sch	deleted by 40/2011 s 42	5.3.2012

Transitional etc provisions associated with Act or amendments

Liquor Licensing (Licence Fees) Amendment Act 1998

14Exclusion of liability to liquor licence fees on and from 5 August 1997

Despite the provisions of the Liquor Licensing Act 1985, no liability to licence fees is to be taken to have accrued under that Act in respect of sales or purchases of liquor made on or after 5 August 1997.

Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005, Sch 1—Transitional provisions

2Liquor Licensing Act 1997

1. (1)

   An amendment to the Liquor Licensing Act 1997 effected by a provision of this Act applies in respect of an application under that Act if the application is determined after the commencement of that provision irrespective of whether the application was lodged before or after that commencement.

2. (2)

   An amendment to the Liquor Licensing Act 1997 effected by a provision of this Act applies in respect of a licence or approval granted under that Act, or a person licensed or approved under that Act, whether the licence or approval was granted before or after the commencement of that provision.

Liquor Licensing (Producers, Responsible Service and Other Matters) Amendment Act 2009, Sch 1—Transitional provisions

1Certain existing special circumstances licences

1. (1)

   If a special circumstances licence in force under the Liquor Licensing Act 1997 immediately before the commencement of section 6 of this Act authorises the licensee to sell the licensee's product (within the meaning of section 39 of the Liquor Licensing Act 1997) on the licensed premises at any time for consumption off the licensed premises, the licence will lapse 2 years after that commencement unless within that period the licensing authority, on application by the licensee—

   1. (a)

      converts the licence into a producer's licence; or

   2. (b)

      confirms that the licence may continue in force as a special circumstances licence.

2. (2)

   The licensing authority may not confirm that a licence may continue in force as a special circumstances licence unless satisfied by the licensee that—

   1. (a)

      a producer's licence (either with or without an extended trading authorisation) could not adequately cover the kind of business authorised by the licensee's special circumstances licence; and

   2. (b)

      the licensee's business would be substantially prejudiced if the licensee's trading rights were limited to those possible under a producer's licence.

Liquor Licensing (Miscellaneous) Amendment Act 2011, Sch 1—Transitional provisions

1Amendments apply to existing licences, approvals and authorisations

1. (1)

   An amendment to the Liquor Licensing Act 1997 effected by a provision of this Act applies in respect of a licence, approval or extended trading authorisation granted under that Act, or the holder of a licence, approval or authorisation under that Act, whether the licence, approval or authorisation was granted before or after the commencement of that provision (and any existing licence, approval or authorisation is taken to be modified accordingly).

2. (2)

   However, the trading rights under a special circumstances licence in respect of which a decision was made under clause 3(10)(b) of the Schedule of the Liquor Licensing Act 1997 as in force before its repeal by this Act are not diminished by reason of subclause (1) and to the extent that an extended trading authorisation or other special licence condition would be required to replicate those trading rights, the licence will, on the commencement of this clause, be taken to include such an authorisation or condition.

2Issue of replacement licence, approval or authorisation

The Commissioner may issue to the holder of a licence, approval or extended trading authorisation under the Liquor Licensing Act 1997 in force immediately before the commencement of a provision of this Act a replacement copy of the licence, approval or authorisation in order to take account of modifications effected by the provision or, in the case of a licence, to include on the licence a statement of the trading hours or the classification of the licence for the purposes of the Commissioner's codes of practice.

3Consequential modification of gaming machine licence

The Commissioner must, in relation to each gaming machine licence that is in force under the Gaming Machines Act 1992 at the commencement of this clause, vary the condition fixing the hours during which gaming operations may be conducted on the licensed premises to such extent (if any) as is necessary to ensure the hours are not outside the hours during which the licensed premises are authorised to be open for the sale of liquor.

Statutes Amendment (Budget 2011) Act 2011

15Transitional provision

1. (1)

   The regulations first made under section 50A as inserted in the Liquor Licensing Act 1997 by this Act may provide—

   1. (a)

      for the first annual fee period to be longer or shorter than 12 months; and

   2. (b)

      for the payment of 2 fees within the first 12 months (so that licensees have a longer period within which to make the first payment); and

   3. (c)

      for the first annual fee period to commence at any time on or after 1 July 2011.

2. (2)

   If, after the day on which this Act is assented to by the Governor and before the day fixed by the Commissioner for the payment of the first annual fee, an application is made under the Liquor Licensing Act 1997 for a reduction in trading hours authorised by a licence so that, following the reduction, the licence authorises only the hours during which it is proposed the licensed premises will be open for trade—

   1. (a)

      no fee is payable for the application; and

   2. (b)

      section 52 of the Liquor Licensing Act 1997 does not apply to the application.

Liquor Licensing (Miscellaneous) Amendment Act 2013, Sch 1—Transitional provisions

1Responsible persons

1. (1)

   Subject to this clause, a person who was, immediately before the commencement of this clause, approved as a responsible person for the business conducted under a particular licence in accordance with section 71 of the Liquor Licensing Act 1997 (as in force before the commencement of this clause) will be taken to be approved as a responsible person under section 71 of that Act, as amended by this Act.

   Note—

   A natural person may be a responsible person in respect of any licensed premises pursuant to section 71, as amended.

2. (2)

   Subject to the Liquor Licensing Act 1997, an approval contemplated by subclause (1) will be taken to be subject to any conditions, or suspension, that applied to the approval immediately before the commencement of this clause.

3. (3)

   Nothing in this clause operates to revive an approval that was revoked under the Liquor Licensing Act 1997 (as in force before the commencement of this clause).

2Certain conditions taken to be validly imposed etc

A condition limiting the times when liquor may be sold under a licence, or limiting in some other way the authority conferred by the licence, purportedly imposed on a licence before the commencement of this clause will for all purposes be taken to have been validly imposed or varied (as the case requires).

3Certain codes of practice taken to be valid

1. (1)

   A code of practice, and any provision of a code of practice, that—

   1. (a)

      was published under section 11A of the Liquor Licensing Act 1997 (as in force before the commencement of this clause); and

   2. (b)

      is purportedly in force on the commencement of this clause,

will be taken to be valid, and always to have been valid, if the code of practice or provision would have been valid had it been published under section 11A of the Liquor Licensing Act 1997 as amended by this Act.

1. (2)

   The requirements of section 11A(4a) do not apply in relation to a code of practice referred in to subclause (1).

2. (3)

   However, no action may be taken under the Liquor Licensing Act 1997 in respect of a person's refusal or failure to comply with a provision of the Late Night Trading Code of Practice during the period commencing on 1 October 2013 and concluding on the day on which this clause comes into operation.

3. (4)

   In this clause—

Late Night Trading Code of Practice means the Late Night Trading Code of Practice under the Liquor Licensing Act 1997.

Note—

The Late Night Trading Code of Practice was published by notice in the Gazette on 6 June 2013 and came into operation on 1 October 2013.

Liquor Licensing (Entertainment on Licensed Premises) Amendment Act 2015, Sch 1—Transitional Provisions

1Interpretation

1. (1)

   In this Schedule—

consent means a consent granted under section 105 of the Liquor Licensing Act 1997 (as in force before the commencement of section 7 of this Act);

entertainment has the same meaning as in the Liquor Licensing Act 1997;

entertainment condition means a condition of a licence or consent that has the effect of limiting the entertainment that may be provided on licensed premises, or any area adjacent to licensed premises, or the methods by which such entertainment may be provided or promoted, but does not include—

1. (a)

   a condition referred to in section 35(2) or 40A(3) of the Liquor Licensing Act 1997; or

2. (b)

   a condition relating to the provision of prescribed entertainment; or

3. (c)

   a condition declared by the Commissioner not to be an entertainment condition;

licence, licensed premises and licensee have the same meanings as in the Liquor Licensing Act 1997;

prescribed entertainment has the same meaning as in section 105 of the Liquor Licensing Act 1997 (as enacted by this Act).

1. (2)

   Nothing in this Schedule affects—

   1. (a)

      a condition added to a licence, or varied, by an order made under section 106 of the Liquor Licensing Act 1997 after the commencement of this clause; or

   2. (b)

      the operation of any other Act or law.

      Note—

      For example, requirements relating to approvals under the Development Act 1993.

2Certain consents under section 105 of the Liquor Licensing Act 1997 to continue in force

1. (1)

   Subject to this Schedule, a consent that is in force immediately before the commencement of this clause will be taken to—

   1. (a)

      continue in force according to its terms; and

   2. (b)

      be subject to any conditions to which it was subject immediately before the commencement of this clause; and

   3. (c)

      be a consent granted by the licensing authority under section 105 of the Liquor Licensing Act 1997 (as enacted by this Act).

2. (2)

   An entertainment condition of a consent referred to in subclause (1) that purports to have effect between the hours of 11 am and midnight on any day will be taken to be of no effect during those hours.

3Commissioner may grant transitional entertainment consents

1. (1)

   This clause applies in relation to a licensee who, in the 12 months preceding the commencement of this clause, was lawfully using licensed premises the subject of the licence, or any area adjacent to the licensed premises, for the purpose of providing prescribed entertainment.

2. (2)

   The Commissioner may, on application or on his or her own motion, grant his or her consent for a licensee to whom this clause applies to use part of licensed premises for the purpose of providing prescribed entertainment.

3. (3)

   An application under this clause must be made in a manner and form determined by the Commissioner.

4. (4)

   A consent under this clause may be conditional or unconditional.

5. (5)

   A consent under this clause will be taken to be a consent granted under section 105 of the Liquor Licensing Act 1997 (as enacted by this Act).

6. (6)

   If the Commissioner grants a consent under this clause—

   1. (a)

      any previous consent granted to the licensee under section 105 of the Liquor Licensing Act 1997 before the commencement of this clause is, by force of this subclause, revoked; and

   2. (b)

      any condition of the previous consent that, pursuant to that section, has effect as a condition of the licence will be taken to be of no effect.

7. (7)

   To avoid doubt, the following provisions of the Liquor Licensing Act 1997 do not apply in respect of the operation of this clause:

   1. (a)

      section 22;

   2. (b)

      Part 4;

   3. (c)

      section 105(3) (as enacted by this Act).

4Certain entertainment conditions of licences to be of no effect

Without limiting clause 2 or 3, an entertainment condition of a licence that purports to have effect between the hours of 11 am and midnight on any day will be taken to be of no effect during those hours.

5Commissioner may revoke or vary conditions of licences etc for transitional purposes

1. (1)

   The Commissioner may, on application or on his or her own motion, add, substitute, vary or revoke a condition of a licence or a consent if, in the opinion of the Commissioner, it is necessary or desirable to do so as a consequence of the enactment of this Act.

2. (2)

   An application under this clause must be made in a manner and form determined by the Commissioner.

3. (3)

   To avoid doubt, the following provisions of the Liquor Licensing Act 1997 do not apply in respect of the operation of this clause:

   1. (a)

      section 22;

   2. (b)

      section 43;

   3. (c)

      Part 4;

   4. (d)

      section 105(3) (as enacted by this Act).

Liquor Licensing (Liquor Review) Amendment Act 2017, Sch 2—Transitional Provisions

Part 1—Preliminary

1Preliminary

In this Schedule—

licence, licensed premises and licensee have the same meanings as in the principal Act;

new Part 3 Division 2 means Part 3 Division 2 of the principal Act (as substituted by this Act);

old Part 3 Division 2 means Part 3 Division 2 of the principal Act as in force immediately before the relevant day;

principal Act means the Liquor Licensing Act 1997;

relevant day means the day on which new Part 3 Division 2 comes into operation.

Part 2—General

2Amendments apply to existing licences and approvals

Subject to this Schedule, an amendment to the principal Act effected by a provision of this Act applies in respect of a licence or approval granted under that Act, and in respect of the holder of a licence or approval under that Act, whether the licence or approval was granted before or after the commencement of that provision.

Part 3—Transitional provisions

3Licences to continue

1. (1)

   A licence under old Part 3 Division 2 of a class listed in a row in column 1 of the table will, on the relevant day, be taken to be a licence under new Part 3 Division 2 of a class listed in the same row in column 2 of the table.

 

Old Part 3 Division 2 licence	New Part 3 Division 2 licence
Hotel licence	General and hotel licence
Residential licence	Residential licence
Restaurant licence	Restaurant and catering licence
Entertainment venue licence	On premises licence
Club licence Limited club licence	Club licence
Retail liquor merchant's licence Direct sales licence	Packaged liquor sales licence
Wholesale liquor merchant's licence Producer's licence	Liquor production and sales licence
Small venue licence	Small venue licence

1. (2)

   A special circumstances licence under old Part 3 Division 2 will, on the relevant day, be taken to be—

   1. (a)

      in a case where the licensee also holds a gaming machine licence in respect of the premises to which the special circumstances licence relates—a general and hotel licence under new Part 3 Division 2; or

   2. (b)

      in the case of a special circumstances licence that authorises the sale of liquor on the licensed premises for consumption off the licensed premises—a packaged liquor sales licence under new Part 3 Division 2; or

   3. (c)

      in any other case—an on premises licence under new Part 3 Division 2.

2. (3)

   Despite subclause (2), the Commissioner may, on the Commissioner's own initiative or on application by the licensee, issue the holder of a special circumstances licence under old Part 3 Division 2 a licence of a class under new Part 3 Division 2 that the Commissioner considers appropriate taking into account the trade authorised under the licence.

4Trading hours

1. (1)

   Except as notified by the Commissioner under subclause (2), the trading hours authorised under the conditions of a licence under old Part 3 Division 2 (taking into account the operation of section 42A of the principal Act (as inserted by section 24 of this Act) and any regulations made under section 137C of the principal Act) will remain in force as the trading hours authorised under the conditions of a licence under new Part 3 Division 2 (and will have effect despite any provision of the principal Act until varied under this clause).

2. (2)

   The Commissioner—

   1. (a)

      may, by notice in writing to a licensee given within 2 years after the relevant day, vary the trading hours authorised under the conditions of the licence so that a prescribed restriction does not apply to those trading hours; and

   2. (b)

      may, on application by a licensee made at any time within the period of 2 years after the relevant day, by notice in writing to the licensee, vary the trading hours authorised under the conditions of the licence so as to reduce those trading hours in accordance with the application.

3. (3)

   In this clause—

prescribed restriction means a restriction on the trading hours in respect of a class of licence fixed by a provision of old Part 3 Division 2 that, as a consequence of the enactment of this Act, is no longer fixed by a provision of new Part 3 Division 2 in respect of the corresponding class of licence.

5Other conditions

1. (1)

   Except as notified by the Commissioner under subclause (2), a condition of a licence under old Part 3 Division 2 (taking into account the operation of clause 11 and any regulations made under section 137C of the principal Act) will remain in force as a condition of a licence under new Part 3 Division 2 (whether or not that condition could be a lawful condition of a licence under new Part 3 Division 2).

2. (2)

   The Commissioner may, by notice in writing to a licensee given within 2 years after the relevant day—

   1. (a)

      add a condition to the licence; or

   2. (b)

      substitute, vary or revoke a condition of the licence referred to in subclause (1),

if, in the opinion of the Commissioner, it is necessary or desirable to do so—

1. (c)

   as a consequence of the enactment of this Act; or

2. (d)

   because a matter the subject of a condition is, or should be, dealt with or addressed under the Development Act 1993 or Planning, Development and Infrastructure Act 2016; or

3. (e)

   for such other reason as the Commissioner thinks fit.

1. (3)

   For the avoidance of doubt, a reference in this clause to a condition of a licence includes a reference to—

   1. (a)

      a term of a licence, or an authorisation or any other right or limitation set out in a licence; and

   2. (b)

      any such condition whether imposed under a provision of old Part 3 Division 2 or any other provision of the principal Act.

6Exemptions

An exemption granted by the licensing authority for the purposes of old Part 3 Division 2 will remain in force as if it were an exemption granted by the licensing authority for the purposes of new Part 3 Division 2.

7Review of notices

1. (1)

   A licensee to whom a notice has been given by the Commissioner under clause 5 may, within 1 month after the licensee receives the notice, apply to the Licensing Court for a review of the notice.

2. (2)

   On a review, the Licensing Court may—

   1. (a)

      affirm or vary the notice; or

   2. (b)

      set aside the notice and send the matter back to the Commissioner for reconsideration in accordance with any directions or recommendations that the Court considers appropriate,

and, in any case, may make any ancillary or consequential order that the Court considers appropriate.

8Licence applications

1. (1)

   An application for a licence made to the licensing authority under the principal Act and any proceedings related to such an application that have not been finally determined before the relevant day may be continued and completed under the principal Act as if the amendments to that Act effected by this Act had not come into operation.

2. (2)

   However, if the licensing authority determines to grant a licence under an application to which subclause (1) applies, the licensing authority must not grant a licence of a class under old Part 3 Division 2 but must instead grant a licence under new Part 3 Division 2 of the appropriate class.

9Limited licences continue

A limited licence in force immediately before the relevant day will remain in force (subject to the terms and conditions to which it is subject on the relevant day) until its expiry as if the amendments to the principal Act effected by this Act had not come into operation.

10Crown not liable to pay compensation

Despite any other Act or law, no compensation is payable by the Crown in respect of the operation of this Part.

Part 4—Other matters

11Entertainment consents and conditions

1. (1)

   A consent in force immediately before the commencement of this clause is, by force of this clause, revoked.

2. (2)

   An entertainment condition will be taken to be of no effect from the commencement of this clause.

3. (3)

   Nothing in this clause affects—

   1. (a)

      a condition added to a licence, or varied, by an order made under section 106 of the principal Act after the commencement of this clause; or

   2. (b)

      the operation of any other Act or law.

4. (4)

   In this clause—

consent means a consent under section 105(1) of the principal Act (as in force immediately before the commencement of this clause);

entertainment and prescribed entertainment have the same meaning as in the principal Act;

entertainment condition means a condition of a licence or a consent that has the effect of limiting the entertainment that may be provided on licensed premises, or any area adjacent to licensed premises, or the methods by which such entertainment may be provided or promoted, but does not include—

1. (a)

   a condition relating to the provision of prescribed entertainment; or

2. (b)

   a condition declared by the Commissioner not be an entertainment condition.

12Disciplinary action

An amendment to the principal Act effected by a provision of this Act that provides for the suspension of a licence if the licensee is convicted of or found guilty of an offence applies only if the offence is committed, or alleged to have been committed, after the commencement of that provision.

13Procedures

To avoid doubt, the following provisions of the principal Act do not apply in respect of the operation of this Schedule:

1. (a)

   section 3;

2. (b)

   section 22;

3. (c)

   section 43;

4. (d)

   Part 4.

Statutes Amendment (Attorney-General's Portfolio) Act 2018, Pt 3

8Transitional provision

Nothing in section 6 is to be taken to affect the operation of Schedule 2 of the Liquor Licensing (Liquor Review) Amendment Act 2017.

Liquor Licensing (Miscellaneous) Amendment Act 2019, Sch 1—Transitional provision

1Annual fees

Section 50A(5b) of the Liquor Licensing Act 1997 as in force after the commencement of this clause applies only in relation to a licensee to whom a notice has been given under section 50A(4) after that commencement.

Liquor Licensing (Liquor Production and Sales Licence) Amendment Act 2020, Sch 1

1Transitional provision

An amendment to the Liquor Licensing Act 1997 effected by a provision of this Act applies in respect of a licence granted under that Act (including a licence to which Schedule 2 clause 8(2) of the Liquor Licensing (Liquor Review) Amendment Act 2017 applies) whether the licence was granted before or after the commencement of that provision.

Historical versions

Reprint No 1—19.3.1998

Reprint No 2—8.10.1998

Reprint No 3—6.7.2000

Reprint No 4—1.9.2000

Reprint No 5—1.10.2001

Reprint No 6—8.8.2002

Reprint No 7—1.8.2003

25.3.2004

17.11.2005

8.12.2005

4.9.2006

1.2.2007

1.6.2007

13.12.2007

1.3.2009

1.2.2010

3.5.2010

4.12.2010

26.11.2011

30.1.2012

5.3.2012

3.5.2012

12.7.2012

26.4.2013

17.6.2013

1.11.2013

14.11.2013

5.12.2013

16.1.2014

5.1.2015

6.8.2015

17.12.2015 (electronic only)

20.12.2015

18.12.2017

24.9.2018

22.11.2018

1.12.2018

1.1.2019

9.5.2019

19.9.2019

18.11.2019

25.6.2020

31.7.2020

3.12.2020

13.12.2020

1.1.2021

19.3.2021