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:

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

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).

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);