Liquor Licensing (General) Variation Regulations 2012 (SA)

South Australia

Liquor Licensing (General) Variation Regulations 2012

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

4            Variation of heading to Part 5

5            Insertion of regulation 17A

17A        Annual fees

17B         Waiver, reduction or refund of fees

6            Variation of Schedule 1—Fees and default penalties

Part 1—Preliminary

1—Short title

These regulations may be cited as the Liquor Licensing (General) Variation Regulations 2012.

2—Commencement

These regulations will come into operation on the day on which section 11 of the Statutes Amendment (Budget 2011) Act 2011 comes into operation.

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 heading to Part 5

Heading to Part 5—delete the heading and substitute:

Part 5—Returns and fees

5—Insertion of regulation 17A

After regulation 17 insert:

17A—Annual fees

(1)For the purposes of section 50A of the Act and subject to subregulation (3), the annual fee for a licence is payable on or before 30 April in each year and is payable in advance in respect of the following financial year (that is, the 12 months commencing on 1 July and ending on the following 30 June).

(2)However, the annual fee payable under section 50A of the Act in respect of the 2012/2013 financial year is payable on or before 29 June 2012.

(3)If, on 29 June 2012 or on 30 April in any subsequent year, a licence is suspended (other than for disciplinary reasons), the annual fee for the licence is not payable on or before that day in that year, but, if the licence ceases to be suspended during the following financial year, the annual fee for the licence in respect of that financial year is payable on or before the day on which the licence ceases to be suspended.

(4)The annual fee payable under subregulation (3) is to be adjusted on a pro rata basis by applying the proportion that the number of months from the cessation of the suspension until the next 30 June bears to 12 (with part of a month being counted as a whole month).

17B—Waiver, reduction or refund of fees

The Commissioner may, in his or her absolute discretion, waive, reduce or refund fees in exceptional circumstances that, in the opinion of the Commissioner, warrant the exercise of the discretion.

6—Variation of Schedule 1—Fees and default penalties

1. Schedule 1, item 8—after the wording in column 2 insert:

   However, no fee is payable if the application is to reduce the trading hours or reduce the capacity of the licensed premises contemplated by the licence so as to effect a reduction in the annual fee for the licence.

2. Schedule 1—after item 13 insert:

14	Licence fee on grant of a limited licence if the application for the licence is made on or after 1 July 2012 and—     (a)    the licence authorises the sale or supply of liquor past 1 am, the licensed premises are outdoors and the licence states the maximum capacity of the licensed premises as a number of persons exceeding 300; or     (b)    the licence contemplates boxing, wrestling or other entertainment that, in the opinion of the licensing authority, should be regarded as adult entertainment being provided at the licensed premises during the whole or part of the hours that the licence authorises the sale or supply of liquor; or     (c)     the licence authorises the sale or supply of liquor past 1 am and the product of the number of persons stated in the licence as the maximum capacity of the licensed premises and the number of days on which the licence authorises the sale or supply of liquor exceeds 1 000; or     (d)    the product of the number of persons stated in the licence as the maximum capacity of the licensed premises and the number of days on which the licence authorises the sale or supply of liquor exceeds 5 000; or     (e)     the licensing authority determines on other grounds that the nature of the special occasion or series of special occasions to which the licence will relate has required or will require the devotion of significant resources for the purposes of the administration or enforcement of the Act in relation to the licence. However, no fee is payable if—     (a)    no fee was payable for the application for the licence; or     (b)    the licence is granted to the holder of a licence (other than a limited licence) and the licensed premises of the limited licence comprise the whole or a part of the licensed premises of the other licence held by the licensee. The Commissioner may refund a licence fee if the special occasion or series of special occasions to which the licence relates is cancelled and significant resources have not been devoted for the purposes of the administration or enforcement of the Act in relation to the licence. For the purposes of this item, a licence authorises the sale or supply of liquor past 1 am if it authorises the sale or supply of liquor immediately before and immediately after 1 am on any 1 or more days.	$700
15	Annual fee for a licence—
(a)    for a hotel licence or entertainment venue licence—
(i)     if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 1 fee
(ii)    if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 2 fee
(iii)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 3 fee
(iv)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 4 fee
(b)    for a club licence (other than a limited club licence)—
(i)     if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 1 000	level 1 fee
(ii)    if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 1 000	level 2 fee
(iii)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 1 000	level 3 fee
(iv)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 1 000	level 4 fee
(c)     for a residential licence or restaurant licence—
(i)     if the licence does not authorise the sale or supply of liquor past 2 am	level 1 fee
(ii)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 2 fee
(iii)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 3 fee
(d)    for a producer's licence—
(i)     if the licence does not authorise consumption of liquor on the licensed premises	level 1 fee
(ii)    if the licence authorises consumption of liquor on the licensed premises and—
(A)    the licence does not authorise the sale or supply of liquor past 2 am	level 1 fee
(B)    the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 2 fee
(C)    the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 3 fee
(e)     for a retail liquor merchant's licence, wholesale liquor merchant's licence or direct sales licence	level 2 fee
(f)     for a special circumstances licence for a bus, limousine, boat, train, aeroplane, caterer or retirement village	level 1 fee
(g)     for a special circumstances licence for licensed premises other than a bus, limousine, boat, train, aeroplane, caterer or retirement village—
(i)     if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 1 fee
(ii)    if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 2 fee
(iii)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 3 fee
(iv)    if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 4 fee
No annual fee is payable for a limited club licence. The Commissioner may—     (a)    if the business operated under a special circumstances licence is, in the opinion of the Commissioner, so similar to that under another licence class for which a lower annual fee is payable as to warrant a reduction in the fee, reduce the annual fee to that applicable to a licence of that other class; and     (b)    if the annual fee payable is a level 2 fee, reduce the fee to a level 1 fee for a particular year on grounds of financial hardship.
For the purposes of this item—
(a)    a level 1 fee is $100; and
(b)    a level 2 fee is $700; and
(c)     a level 3 fee is $700 plus if the licence authorises the sale of liquor for consumption on the premises past 2 am $2 500 plus if the licence authorises the sale of liquor for consumption on the premises past 4 am a further $2 500; and
(d)    a level 4 fee is $700 plus if the licence authorises the sale of liquor for consumption on the premises past 2 am $5 000 plus if the licence authorises the sale of liquor for consumption on the premises past 4 am a further $5 000; and
(e)     a licence authorises the sale of liquor past 2 am if it authorises the sale or supply of liquor immediately before and immediately after 2 am on any 1 or more days (disregarding sale or supply to a lodger); and
(f)     a licence authorises the sale or supply of liquor past 4 am if it authorises the sale or supply of liquor immediately before and immediately after 4 am on any 1 or more days (disregarding sale or supply to a lodger).
16	Penalty for default payable under section 50A(4) of Act	20% of the amount outstanding

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 3 May 2012

No 31 of 2012

MLI0007/12CS