Liquor Licensing (General) (Miscellaneous) Variation Regulations 2020 (SA)

South Australia

Liquor Licensing (General) (Miscellaneous) Variation Regulations 2020

under the Liquor Licensing Act 1997

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Liquor Licensing (General) Regulations 2012

4            Substitution of regulation 12

12          Requirement relating to notice of application

5            Insertion of regulation 17A

17A        Minors allowed in certain licensed premises—packaged liquor sales licence

6            Insertion of regulation 21A

21A         Persons exempt from prohibition of consumption and possession of liquor in public places

7           Revocation of Schedule 2

Part 1—Preliminary

1—Short title

These regulations may be cited as the Liquor Licensing (General) (Miscellaneous) Variation Regulations 2020.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Liquor Licensing (General) Regulations 2012

4—Substitution of regulation 12

Regulation 12—delete the regulation and substitute:

12—Requirement relating to notice of application

For the purposes of section 52(2) of the Act, the notice of application must be given in a manner and form approved by the Commissioner.

5—Insertion of regulation 17A

After regulation 17 insert:

17A—Minors allowed in certain licensed premises—packaged liquor sales licence

For the purposes of section 112(6)(b) of the Act, licensed premises in respect of which the licensing authority has granted an exemption under section 38(6) of the Act are prescribed.

6—Insertion of regulation 21A

After regulation 21 insert:

21A—Persons exempt from prohibition of consumption and possession of liquor in public places

For the purposes of section 131(4) of the Act, a prohibition on the consumption or possession or both of liquor in a public place or public places specified in a notice under section 131 does not apply to—

(a)a person who is genuinely passing through the place if—

(i)the liquor is in the original container in which it was purchased from licensed premises; and

(ii)the container has not been opened; or

(b)a person who has possession of the liquor in the course of carrying on a business or in the course of their employment by another person in the course of carrying on a business; or

(c)a person who is permanently or temporarily residing at premises near the public place and who enters the public place solely for the purpose of passing through it to enter those premises or who enters the public place from those premises for the purpose of leaving the place; or

(d)a person who possesses or consumes the liquor for sacramental or other similar religious purposes.

7—Revocation of Schedule 2

Schedule 2—delete the Schedule

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 21 May 2020

No 71 of 2020