Liquor Licensing (General) Variation Regulations 2006 (SA)

South Australia

Liquor Licensing (General) Variation Regulations 2006

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 1997

1. Variation of regulation 4—Interpretation

2. Revocation of regulation 7

3. Insertion of regulation 21A

   21AProcedures relating to removal of minors from licensed premises

4. Insertion of regulation 21B

   21BProcedures relating to prevention of persons entering or removal of persons from licensed premises

5. Variation of Schedule 1—Fees

6. Insertion of Schedule 1A

   Schedule 1A—Procedures for prevention of persons from entering, or removal of persons from, licensed premises

7. Variation of Schedule 2—Forms

Part 1—Preliminary

1—Short title

These regulations may be cited as the Liquor Licensing (General) Variation Regulations 2006.

2—Commencement

These regulations will come into operation on 27 February 2006.

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 1997

4—Variation of regulation 4—Interpretation

Regulation 4—after the definition of duty free shop insert:

low alcohol liquor means—

(a)beer that at 20° Celsius contains not more than 3.5% alcohol by volume;

(b)wine that at 20° Celsius contains not more than 6.5% alcohol by volume.

5—Revocation of regulation 7

Regulation 7—delete the regulation

6—Insertion of regulation 21A

After regulation 21 insert:

21A—Procedures relating to removal of minors from licensed premises

For the purposes of section 116(3a) of the Act, the procedures set out in Schedule 1A in relation to removal of persons from licensed premises are prescribed as procedures to be observed by authorised persons in or in connection with the removal of minors from licensed premises.

7—Insertion of regulation 21B

Part 8—before regulation 22 insert:

21B—Procedures relating to prevention of persons entering or removal of persons from licensed premises

For the purposes of sections 124(1a) and 127(2a) of the Act, the procedures set out in Schedule 1A in relation to prevention of persons from entering, and removal of persons from, licensed premises are prescribed as procedures to be observed by authorised persons in or in connection with the prevention of persons from entering, or the removal of persons from, licensed premises.

8—Variation of Schedule 1—Fees

Schedule 1—after item 12 insert:

13 Application for approval to act as a crowd controller for licensed premises $85.00

9—Insertion of Schedule 1A

After Schedule 1 insert:

Schedule 1A—Procedures for prevention of persons from entering, or removal of persons from, licensed premises

1A person to whom this Schedule applies must, if practicable, before using force to prevent a person from entering, or remove a person from, licensed premises—

(a)advise the person that he or she is authorised under the Act to use reasonable force to prevent persons from entering, or remove persons from, licensed premises; and

(b)explain that he or she will, unless the person agrees that he or she will not enter the premises, or agrees to leave the premises, use force to prevent the person from entering, or remove the person from, the premises.

2A person to whom this Schedule applies must not, while using force to prevent a person from entering, or remove a person from, licensed premises, hold the person above the person's shoulders, or undertake any other action in respect of the person, in a way that could prevent or restrict the inhalation of air by the person or cause the person to suffer asphyxia (unless the action is necessary in self-defence).

3As soon as reasonably practicable following an incident involving the use of force to prevent a person from entering, or remove a person from, licensed premises, each person to whom this Schedule applies involved in the incident (other than a police officer or inspector) must, if he or she is not the licensee, report the incident to the licensee in writing, and must include in the report the details required to be recorded in the register to be maintained by the licensee under clause 4.

4A licensee of licensed premises must ensure—

(a)that a record of each incident involving the use of force by a person to whom this Schedule applies (other than a police officer or inspector) to prevent a person from entering, or remove a person from, the premises is entered in a register of such incidents; and

(b)that each entry in the register—

(i)is in the appropriate form set out in Schedule 2; and

(ii)includes the details indicated as being required by that form; and

(iii)is retained for at least 1 year following the occurrence of the incident; and

(c)that the register is kept on the licensed premises and is readily available for inspection or copying by an authorised officer (within the meaning of section 122 of the Act).

10—Variation of Schedule 2—Forms

1. Schedule 2, Table of Contents—after the item relating to regulation 22 insert:

Schedule 1A Form 9: Register of incidents to be maintained under Schedule 1A—sections 116, 124 and 127 of the Act

1. Schedule 2—after Form 8 insert:

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 9 February 2006

No 26 of 2006

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