Liquor Licensing (Liquor Review) Amendment Act 2017 (SA)
South Australia
An Act
to amend the
This Act may be cited as the
Liquor Licensing (Liquor Review) Amendment Act 2017 .
This Act will come into operation on a day to be fixed by proclamation.
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
(1) Section 3(1)—delete subsection (1) and substitute:
(1) The object of this Act is to regulate and control the promotion, sale, supply and consumption of liquor—
(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
(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
(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
(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.
(1a) For the purposes of subsection (1)(a), harm caused by the excessive or inappropriate consumption of liquor includes—
(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
(b) the adverse economic, social and cultural effects on communities (whether on a community as a whole or a group within a community); and
(c) the adverse effects on a person's health; and
(d) alcohol abuse or misuse; and
(e) domestic violence or anti‑social behaviour, including causing personal injury and property damage.
(2) Section 3(2)—delete "In" and substitute:
Subject to this Act, in
(1) Section 4, definition of
approved crowd controller —delete the definition(2) Section 4, definition of
authorised person , (d)—delete paragraph (d) and substitute:
(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 ;(3) Section 4—after the definition of
beneficiary insert:
body corporate includes a company within the meaning of theCorporations Act 2001 of the Commonwealth;(4) Section 4, definition of
close associate —delete the definition and substitute:
close associate , except where otherwise provided by this Act, has the meaning given by section 7;(5) Section 4—after the definition of
close associate insert:
club event endorsement —see section 36(9);
club transport endorsement —see section 36(11);(6) Section 4, definition of
collective outlet —delete "section 39(1c)" and substitute:section 39(4)
(7) Section 4—after the definition of
Commissioner insert:
community impact assessment guidelines —see section 53B;(8) Section 4, definitions of
designated dining area anddesignated reception area —delete the definitions(9) Section 4—before the definition of
director insert:
designated application —see section 53A;
designated licence means—
(a) a general and hotel licence; or
(b) an on premises licence, unless—
(i) the premises to which the proposed licence relates is a public conveyance; or
(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
(c) a club licence, if—
(i) the licence is, or is proposed to be, subject to a condition authorising—
(A) the sale of liquor to persons (other than a resident) for consumption off the licensed premises; or
(B) the sale of liquor after 2 am on any day; or
(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—
(A) the size of the premises or proposed premises; and
(B) the trading hours or proposed trading hours under the licence; and
(C) any other matter the licensing authority considers relevant; or
(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;
(10) Section 4—after the definition of
direct sales transaction insert:
domestic partner means a person who is a domestic partner within the meaning of theFamily Relationships Act 1975 whether declared as such under that Act or not;(11) Section 4, definition of
extended trading authorisation —delete the definition(12) Section 4, definition of
inspector —delete the definition and substitute:
inspector —see section 9;(13) Section 4, definition of
licensed person orlicensee —delete "limited licence" and substitute:short term licence
(14) Section 4, definition of
liquor merchant —delete "limited licence" and substitute:short term licence
(15) Section 4, definitions of
live entertainment andlodger —delete the definitions(16) Section 4—after the definition of
meal insert:
minor means a person under the age of 18 years;(17) Section 4, definition of
party , (a)—delete "or an objector"(18) Section 4—after the definition of
party insert:
position of authority in a trust or corporate entity —see section 6;(19) Section 4, definition of
premises , (b)—after "land" insert:, including a temporary or moveable building or structure
(20) Section 4, definition of
premises —after paragraph (c) insert:
(ca) a motor vehicle (within the meaning of the
Road Traffic Act 1961 ) or a vehicle of a kind prescribed by the regulations;(21) Section 4, definition of
producer's event endorsement —delete the definition and substitute:
production and sales event endorsement —see section 39(5);(22) Section 4, definition of
production outlet —delete "section 39(1a)" and substitute:section 39(2)
(23) Section 4, definition of
records —delete the definition and substitute:
record means—
(a) a document; or
(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 definesdocument —see section 4(1) of that Act.(24) Section 4—after the definition of
related body corporate insert:
resident on licensed premises—see section 5;(25) Section 4, definition of
retail licence —delete the definition(26) Section 4, definition of
retail outlet —delete "section 39(1a)" and substitute:section 39(2)
(27) Section 4—after the definition of
spirits insert:
spouse —a person is the spouse of another if they are legally married;(28) Section 4—after the definition of
wholesale insert:
wholesale outlet —see section 39(2);
(1) Section 5(1)—delete "lodger in" and substitute:
resident on
(2) Section 5(1)(b)—delete "lodgers" and substitute:
residents
(3) Section 5(2)—delete "a lodger" and substitute:
to be regarded as a resident on licensed premises
(1) Section 7(2), definition of
domestic partner —delete the definition(2) Section 7(2), definition of
spouse —delete the definition
After section 11 insert:
11AA—Publication 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—
(a) personal information of a confidential nature; or
(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
(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
(d) information the publication of which—
(i) would otherwise be contrary to the public interest; or
(ii) would be inappropriate for such other reason as the Commissioner thinks fit.
Section 11A—after subsection (2) insert:
(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.
After section 15 insert:
15A—Registrar
(1) A person may be appointed to be the Registrar of the Court on a basis determined by the Minister.
(2) The office of Registrar may be held in conjunction with another office or position.
Section 17—delete the section and substitute:
17—Division 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:
(a) the Court is to determine the following matters:
(i) all matters referred to the Court under a provision of this Act for hearing and determination by the Court; and
(ii) all other matters that are, under some other provision of this Act, to be determined by the Court;
(b) the Commissioner is to determine all matters that are not to be determined by the Court under paragraph (a).
(1) Section 20(1)—delete "party to proceedings before the Commissioner" and substitute:
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,
(2) Section 20(1)(c)—after "party" insert:
or other person
(3) Section 20(1)(d)—after "party" insert:
or other person
(4) Section 20(2)—after "proceedings" insert:
(other than proceedings relating to an application under Part 4 in relation to which the Commissioner has determined not to hold a hearing)
Section 21(1)—delete "The" and substitute:
Without limiting anything in Part 4 Division 13, the
Section 22—delete the section and substitute:
22—Application for review of Commissioner's decision
(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:
(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;
(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))—
(i) the applicant; or
(ii) if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police; or
(iii) any other person who made written submissions relating to the application;
(c) in any other case—
(i) the applicant; or
(ii) the licensee (in a case where the licensee is not the applicant); or
(iii) if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police.
(2) Subject to subsection (3)—
(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
(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) 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) Despite subsection (3)—
(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
(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) 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) 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) A review is in the nature of a rehearing.
(8) On a review, the Court may exercise any 1 or more of the following powers:
(a) affirm, vary or quash the decision subject to the review;
(b) make any decision that should, in the opinion of the Court, have been made in the first instance;
(c) refer a matter back to the Commissioner for rehearing or reconsideration;
(d) make any incidental or ancillary order.
Section 24(3)(b)—delete paragraph (b)
After section 24A insert:
24B—Injunctive remedies
(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) A person who contravenes or fails to comply with an order under subsection (1) commits a contempt of the Court.
24C—Punishment of contempts
(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) The jurisdiction to deal with an offence against subsection (1) is vested in the Court.
(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.
After section 25 insert:
25A—Intervention 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.
Section 26—delete the section and substitute:
26—Power 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.
After Part 2 Division 5 insert:
Division 5A—Intervention by Commissioner of Police
28AA—Intervention by Commissioner of Police
(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) However, the Commissioner of Police may only intervene in proceedings in connection with an application under Part 4 on the question of—
(a) whether a person is a fit and proper person; or
(b) whether, if the application were to be granted, public disorder or disturbance would be likely to result; or
(c) whether to grant the application would be contrary to the public interest.
(1) Section 28A(2)(a)—delete "Part 4 Division 10A" and substitute:
section 71A
(2) Section 28A(3)—delete "lodges an objection to" and substitute:
makes written submissions opposing
(3) Section 28A(3)(a)—delete "notice of objection" and substitute:
written submissions
(4) Section 28A(3)(b)—after "hearing" insert:
or determination
(5) Section 28A(3)(b)—delete "objected to" and substitute:
made written submissions opposing
Section 29—after "to do so" insert:
(or who sells liquor under a licence that is suspended)
Part 3 Division 2—delete the Division and substitute:
Division 2—Licences
Subdivision 1—Authorised trading in liquor
31—Authorised trading in liquor
(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) There will be the following classes of ongoing licences (see Subdivision 2):
(a) general and hotel licence;
(b) on premises licence;
(c) residential licence;
(d) restaurant and catering licence;
(e) club licence;
(f) packaged liquor sales licence;
(g) liquor production and sales licence;
(h) small venue licence.
(3) There will be a class of temporary licence known as a short term licence (see Subdivision 3).
Subdivision 2—Ongoing licences
32—General and hotel licence Subject to this Act and the conditions of the licence, a general and hotel licence authorises the licensee—
(a) to sell liquor on the licensed premises at any time for consumption on the licensed premises; and
(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
(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
(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 despatched and delivered only between the hours of 8 am and 9 pm).
33—On 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 for consumption on the licensed premises.
34—Residential licence
(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—
(a) to a resident on licensed premises for consumption on or off the licensed premises; and
(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
(c) to a person dining on the licensed premises for consumption with or ancillary to a meal provided by the licensee; and
(d) for consumption on the licensed premises to a person—
(i) attending a reception; or
(ii) attending a function at which food is provided; or
(iii) seated at a table.
(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.
35—Restaurant and catering licence
(1) Subject to this Act and the conditions of the licence, a restaurant and catering licence—
(a) authorises the consumption of liquor on the licensed premises at any time with or ancillary to a meal provided by the licensee; and
(b) authorises the licensee to sell liquor at any time for consumption on the licensed premises—
(i) with or ancillary to a meal provided by the licensee or in prescribed circumstances; or
(ii) to a person—
(A) attending a function at which food is provided; or
(B) seated at a table; and
(c) authorises the licensee to sell liquor in accordance with a condition under subsection (3).
(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) 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—
(a) food is provided by the licensee at the function; and
(b) the licensee has been given notice of the function at least 24 hours before the function; and
(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.
36—Club licence
(1) Subject to this Act and the conditions of the licence, a club licence authorises the licensee—
(a) to sell liquor at any time for consumption on the licensed premises;
(b) to sell liquor on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and
(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 despatched and delivered only between the hours of 8 am and 9 pm).
(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) 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) In addition, a club licence is subject to the following conditions:
(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;
(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) A club licence may only be held by a club that is—
(a) a non‑profit association incorporated under the
Associations Incorporation Act 1985 ; or(b) a company limited by guarantee under the
Corporations Act 2001 of the Commonwealth.(6) However, the licensing authority may grant a club licence to a trustee for an association if satisfied that—
(a) the association is unable to become incorporated; or
(b) it is inappropriate to require the incorporation of the association.
(7) A club is not eligible to hold a club licence unless the licensing authority is satisfied that—
(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
(b) the rules of the club also make appropriate provision for—
(i) management of the affairs of the club by a management committee elected by the general body of members; and
(ii) regular meetings of the general body of members and the management committee; and
(iii) admission to membership of the club; and
(iv) the payment of subscriptions by the ordinary members of the club; and
(v) the keeping of proper records of the proceedings of the club and its financial affairs.
(8) Subsection (7)(a) does not apply to licensed premises in respect of which 2 or more clubs licences are granted if—
(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
(b) each licensee maintains a register in accordance with section 48(3)(b).
(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) 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) 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) 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.
37—Small venue licence
(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) 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) 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) In this section—
Adelaide central business district means the area of the City of Adelaide bounded—
(a) on the north by the northern bank of the River Torrens; and
(b) on the south by the northern alignment of South Terrace; and
(c) on the east by the western alignment of East Terrace and its prolongation north to the northern bank of the River Torrens; and
(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—
(a) the Adelaide central business district; and
(b) any other area declared by the regulations to be a prescribed area for the purposes of this section;
prescribed bodies means—
(a) if a proposed prescribed area falls wholly or partly within the area of a council—the council; and
(b) any other body prescribed by the regulations for the purposes of this definition.
(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.
38—Packaged liquor sales licence
(1) Subject to this Act and the conditions of the licence, a packaged liquor sales licence authorises the licensee—
(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
(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 despatched and delivered only between the hours of 8 am and 9 pm); and
(c) to sell or supply liquor by way of sample for consumption on the licensed premises.
(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) 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) For the purposes of subsection (3), licensed premises will not be regarded as physically separate from premises used for other commercial purposes unless—
(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
(b) subject to subsection (5), the licensed premises cannot be accessed from the other commercial premises.
(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) 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) 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.
39—Liquor production and sales licence
(1) Subject to this Act and the conditions of the licence, a liquor production and sales licence authorises the licensee—
(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
(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
(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
(d) to sell liquor (including the licensee's product) 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 despatched and delivered only between the hours of 8 am and 9 pm); and
(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
(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
(g) to sell liquor at any time for consumption on the licensed premises—
(i) with or ancillary to a meal provided by the licensee; or
(ii) to a person—
(A) attending a function at which food is provided; or
(B) seated at a table.
(2) The following rules apply for the purposes of subsection (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;
(b) if a licensee does not have production premises—the licensed premises may be comprised of a retail outlet or wholesale outlet (or both);
(c) a production outlet must be comprised of—
(i) the whole or a part of the licensee's production premises; or
(ii) premises that are adjacent to the licensee's production premises and approved by the licensing authority for the purpose;
(d) a retail outlet and a wholesale outlet must be comprised of premises approved by the licensing authority for the purpose.
(3) The same premises may be shared by 2 or more licensees—
(a) as a retail outlet or wholesale outlet for each of the licensees; or
(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.
(4) To the extent that licensees share the same premises as referred to in subsection (3)—
(a) the part of the premises that is shared is referred to as a
collective outlet ; and(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.
(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.(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.
(7) For the purposes of this section, liquor is to be regarded as a licensee's product if—
(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
(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
(c) in the case of wine—
(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
(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
(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
(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.
(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).
(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 3—Short term licence
40—Short term licence
(1) Subject to this Act, a short term licence authorises—
(a) the licensee to sell or supply liquor; or
(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.
(2) A short term licence may only be granted for an event or occasion or series of events or occasions.
(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.
(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.
(5) The Commissioner may, by written notice to the licensee, in the Commissioner's absolute discretion—
(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
(b) revoke a short term licence if the Commissioner is satisfied that—
(i) it is in the public interest; or
(ii) there is some other proper reason,
to revoke the licence.
(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.
(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).
(8) The regulations may make further provision in relation to short term licences, including—
(a) providing for the classes of short term licences; and
(b) prescribing requirements relating to applications for each class of short term licence; and
(c) prescribing fees for each class of short term licence; and
(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
(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
(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.
(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—
(a) the trade to be authorised by the licence; or
(b) the type and duration of any event or events to be held under the licence; or
(c) the resources related to the administration or enforcement of the Act in connection with the licence; or
(d) any other matter,
and for a matter to be determined according to the discretion of the Commissioner.
(10) Without limiting subsection (8)(c), section 50A does not apply to an application for, or in relation to, a short term licence.
(1) Section 42—after subsection (1) insert:
(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.
(2) Section 42(2)(b)—delete "direct sales licence" and substitute:
packaged liquor sales licence that authorises the licensee to sell liquor only through direct sales transactions
After section 42 insert:
42A—New Year's Eve trading in relation to certain licences
(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) Nothing in this section limits the powers of the licensing authority under section 43.
Section 43—delete the section and substitute:
43—Power of licensing authority to impose conditions
(1) Subject to this section, the licensing authority may—
(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
(b) vary, suspend or revoke a condition of a licence (other than a mandatory condition contemplated by section 42).
(2) The licensing authority may impose, vary, suspend or revoke a condition under subsection (1)—
(a) on the grant, transfer or removal of a licence; or
(b) on application by the licensee; or
(c) on application by the Commissioner of Police; or
(d) on application by a prescribed person or body; or
(e) if the licensing authority is the Court—on application by the Commissioner; or
(f) in any other proceedings under this Act involving the licensee; or
(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.
Section 45, expiation fee provision—after "for" insert:
an offence constituted by a failure to comply with a provision of a code of practice declared to be expiable in the code of practice in accordance with section 11A(2a) or
(1) Section 48(3)(b)—delete "the trading hours authorised under the licences do not coincide or overlap" and substitute:
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)
(2) Section 48(3)(c)—delete "limited licence" and substitute:
short term licence
(3) Section 48(3)(d)—delete "producer's licences" and substitute:
liquor production and sales licences
Section 49—delete the section
(1) Section 50A(3)—delete "on or before a date specified in the notice" and substitute:
within 28 days after service of the notice
(2) Section 50A(5)—delete ", the Commissioner may, by further written notice, suspend the licence" and substitute:
within 28 days after service of the notice, the licence is suspended
(3) Section 50A—after subsection (5) insert:
(5a) The Commissioner must give the licensee written notice of a suspension under subsection (5).
(5b) If a notice under subsection (4) has not been complied with before the day on which the annual fee is due to be paid in respect of the next annual fee period for the licence, the Commissioner has an absolute discretion to revoke the licence.
(5c) The Commissioner must, before revoking a licence under subsection (5b)—
(a) give notice to the holder of the licence of the proposed revocation; and
(b) allow the holder of the licence a period of 21 days (or such longer period as the Commissioner may allow) to show cause why the licence should not be revoked.
(5d) The Commissioner must give the licensee written notice of a revocation under subsection (5b).
(4) Section 50A(6)—delete "limited licence" and substitute:
short term licence
Heading to Part 4—delete ", interventions and objections" and substitute:
and submissions
(1) Section 51(4)—after "application" second occurring insert:
and any person who made written submissions in relation to the application
(2) Section 51(4)—after "hearing" insert:
or determination
(3) Section 51(5)—delete "documents and other materials" and substitute:
any document or material, or any other information,
(1) Section 51A(1)(a)—delete "or limited"
(2) Section 51A(2)—delete subsection (2) and substitute:
(2) The Commissioner must give a copy of an application to which this section applies to the Commissioner of Police at least 28 days before the day appointed for the hearing or determination of the application, unless it is not reasonably practicable for the Commissioner to do so.
(2a) The Commissioner may give a copy of any other application to the Commissioner of Police.
(3) Section 51A(3)—after "subsection (2)" insert:
or (2a)
(1) Section 52(1)(a)—delete "or limited"
(2) Section 52(1)(d)—delete paragraph (d)
(3) Section 52(2)—delete subsection (2) and substitute:
(2) Notice of an application to which this section applies must be given, in accordance with the regulations, to members of the public by notice placed on the licensed premises or, in the case of proposed licensed premises, on the relevant land, so as to be clearly visible to, and legible by, persons passing the premises or land.
(2aa) If an application to which this section applies seeks authorisation for an activity at, or use of, premises that does not also require an approval, consent or exemption under the law relating to planning or carrying out building work, the applicant may serve the application on the council for the area in which the premises are situated (even if the licensing authority has not given a direction that that council be notified of the application under subsection (3)).
(4) Section 52—after subsection (2a) insert:
(2b) The Commissioner must ensure that a copy of a notice under subsection (2) is published on a website maintained by the Commissioner.
Section 52A(3)—delete "objecting to" and substitute:
making written submissions in relation to
(1) Section 53—after subsection (1a) insert:
(1b) The licensing authority must refuse to grant an application for a licence, or for the removal of a licence, if the licensing authority is satisfied that to grant the application would be inconsistent with the objects of the Act.
(2) Section 53(2)—delete "(whether or not there are objections to the application)" and substitute:
, taking into account the operation of Division 13
(3) Section 53(6)—delete "party" and substitute:
party to, or another person involved in, the proceedings
(4) Section 53(6)—after "party" second occurring insert:
or other person
(5) Section 53(6)—after "party" third occurring insert:
or other person
After section 53 insert:
53A—Licensing authority to be satisfied that designated application is in community interest
(1) The licensing authority may only grant a designated application if the licensing authority is satisfied that granting the designated application is in the community interest.
(2) Without limiting subsection (1), in determining whether or not a designated application is in the community interest, the licensing authority—
(a) must have regard to—
(i) the harm that might be caused (whether to a community as a whole or a group within a community) due to the excessive or inappropriate consumption of liquor; and
(ii) the cultural, recreational, employment or tourism impacts; and
(iii) the social impact in, and the impact on the amenity of, the locality of the premises or proposed premises; and
(iv) any other prescribed matter; and
(b) must apply the community impact assessment guidelines.
(3) The applicant in respect of a designated application must comply with any requirements set out in the community impact assessment guidelines, and any other requirements specified by the licensing authority for the purposes of this section.
(4) In this section—
designated application means—
(a) an application for the grant or removal of a designated licence; or
(b) any other application that the licensing authority has determined, in accordance with the community impact assessment guidelines, to be a designated application for the purposes of this section.
53B—Community impact assessment guidelines
(1) The Commissioner must, by notice in the Gazette, publish guidelines for the purposes of determining—
(a) whether or not an application is a designated application for the purposes of section 53A; and
(b) whether or not a designated application is in the community interest,
(the
community impact assessment guidelines ).
(2) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a notice under this section.
(3) Without limiting section 53A(1) or (2)(a), the community impact assessment guidelines may provide for—
(a) matters relevant to an assessment of the likely impacts of a designated application on a community; and
(b) any other matter considered appropriate by the Commissioner.
(4) The community impact assessment guidelines may set out requirements that apply to a designated application for the purposes of section 53A, including requirements that the applicant—
(a) provide documents, material or other information; and
(b) take certain steps or undertake consultation in accordance with the guidelines.
(5) The provisions of the community impact assessment guidelines may be of general, limited or varied application according to—
(a) the class of designated application or licence; or
(b) the circumstances; or
(c) any other specified factor,
to which the provision is expressed to apply.
(1) Section 55—before subsection (1) insert:
(a1) A person is not a fit and proper person to hold a licence if—
(a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or
(b) in the case of a body corporate—
(i) the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or
(ii) the body corporate is a prescribed organisation; or
(c) in the case of a natural person, the person—
(i) is—
(A) a member of a prescribed organisation; or
(B) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the
Serious and Organised Crime (Control) Act 2008 ; or
(ii) is an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth.
(a2) A person is not a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence if—
(a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or
(b) the person is—
(i) a member of a prescribed organisation; or
(ii) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the
Serious and Organised Crime (Control) Act 2008 ; or
(c) the person is an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth.
(2) Section 55(1)—after paragraph (b) insert:
and
(c) if the person is a body corporate—whether the body corporate is being wound up or is under official management or in receivership; and
(d) any other factor relevant to the particular purpose to which the decision relates, including any relevant offence of which the person has been convicted or found guilty.
Note— A relevant factor might, for example, be that a person (or, if the person is a body corporate, a director of the body corporate) has been a director of a number of bodies corporate wound up for the benefit of creditors.
(3) Section 55—after subsection (3) insert:
(4) In this section—
close associate —see subsection (5);prescribed organisation —the following are prescribed organisations:(a) a declared organisation within the meaning of the
Serious and Organised Crime (Control) Act 2008 ;(b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the
Criminal Law Consolidation Act 1935 ;(c) any other organisation prescribed by the regulations for the purposes of this definition.
(5) For the purposes of this section, 2 persons are
close associates if—(a) 1 is a spouse, domestic partner, parent, brother, sister or child of the other; or
(b) they are members of the same household; or
(c) they are in partnership; or
(d) they are related bodies corporate; or
(e) 1 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
(f) 1 is in a position to exercise control or significant influence over the conduct of the other.
(6) For the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person.
(1) Section 56—after subsection (1) insert:
(1a) Subsection (1) does not apply to an applicant for a club licence if the applicant informs the licensing authority of each member of the committee of management of the club and provides the information required by the licensing authority (in a form approved by the licensing authority) about each member.
(1b) If the licensing authority considers that a member of the committee of management of a club to which subsection (1a) applies is not a fit and proper person to be in a position of authority in the club, the licensing authority—
(a) must notify the applicant as soon as is reasonably practicable that the person must be removed from the committee of management; and
(b) may grant the licence on the condition that the club will immediately take action to have the person removed from the committee of management.
(2) Section 56(2)—after "subsection (1)" insert:
or a member of the committee of management of a club to which subsection (1a) applies
(1) Section 57(1a)—delete "section 105" and substitute:
section 105(2)
(2) Section 57(3)—delete "direct sales licence or limited licence" and substitute:
short term licence or packaged liquor sales licence that authorises the licensee to sell liquor only through direct sales transactions
Section 58—delete the section
(1) Section 59A(2)—delete subsection (2)
(2) Section 59A(3)—delete "In the case of a licence other than a limited licence" and substitute:
In relation to the licence fee in respect of a licence
Section 60(3)—delete "direct sales licence" and substitute:
packaged liquor sales licence that authorises the licensee to sell liquor only through direct sales transactions
Section 61—delete the section
Section 62A—delete the present contents of section 62A and substitute:
An application for removal of a liquor production and sales licence in respect of—
(i) a production outlet to a different production outlet; or
(ii) a retail outlet to a different retail outlet; or
(iii) a wholesale outlet to a different wholesale outlet,
is to be dealt with as an application for the removal of the licence to premises or proposed premises under this Division (even if the licence is not removed in respect of some other outlet).
Heading to Part 4 Division 4A—delete "producer's" and substitute:
liquor production and sales
(1) Section 62B(1) to (3) (inclusive)—delete "producer's" wherever occurring and substitute in each case:
liquor production and sales
(2) Section 62B(1) to (3) (inclusive)—delete "production outlet or retail outlet" wherever occurring and substitute in each case:
production outlet, retail outlet or wholesale outlet
(3) Section 62B(3)—delete "retail liquor merchant's licence" and substitute:
packaged liquor sales licence
(1) Section 62C(1)—delete "producer's" and substitute:
liquor production and sales
(2) Section 62C(1)—delete "production outlet or retail outlet" and substitute:
production outlet, retail outlet or wholesale outlet
Section 63(3)—delete "limited licence" and substitute:
short term licence
After Part 4 Division 5 insert:
Division 5A—Special provision relating to amalgamation of certain clubs
65A—Special provision relating to amalgamation of certain clubs
(1) If—
(a) 2 or more associations incorporated under the
Associations Incorporation Act 1985 that each hold a club licence (theamalgamating clubs ) amalgamate under that Act as a single incorporated association; and(b) the single incorporated association is to carry on business at the licensed premises in respect of the licence of 1 of the amalgamating clubs,
the Commissioner may, on application on behalf of the amalgamating clubs—
(c) revoke the licences of the amalgamating clubs; and
(d) grant a new club licence in favour of the single incorporated association on the same conditions as those that applied to the licence of the club (prior to the amalgamation) at whose premises the single incorporated association is to carry on business.
(2) Subject to the regulations, this Part, other than sections 51, 52A, 53, 55, 56 and 59A, does not apply to an application under this section.
(1) Section 68(1)(c)—delete paragraph (c)
(2) Section 68(1)(d)—delete paragraph (d) and substitute:
(d) in the case of a liquor production and sales licence—remove a production outlet, retail outlet or wholesale outlet from the licensed premises.
(1) Section 69(3)—delete "An" and substitute:
Subject to subsection (4), an
(2) Section 69—after subsection (3) insert:
(4) If the licensing authority considers that a council is unreasonably withholding its consent or approval for the purposes of subsection (3)(d) or (e) in relation to a prescribed application, the licensing authority may grant an authorisation under this section in respect of the prescribed application without the council's consent or approval (as the case requires).
(5) In this section—
Adelaide CBD means the area of the City of Adelaide bounded—(a) on the north by the northern bank of the River Torrens; and
(b) on the south by the northern alignment of South Terrace; and
(c) on the east by the western alignment of East Terrace and its prolongation north to the northern bank of the River Torrens; and
(d) on the west by the eastern alignment of West Terrace and its prolongation north to the northern bank of the River Torrens,
but does not include an area in the City of Adelaide determined by the Commissioner, by notice in the Gazette, not to be part of the Adelaide CBD for the purposes of this section;
prescribed application means an application relating to a relevant place that is in a prescribed area;prescribed area means—(a) the Adelaide CBD; and
(b) any other area determined by the Commissioner, by notice in the Gazette, to be a prescribed area for the purposes of this section.
Part 4 Division 8A—delete the Division and substitute:
Division 8A—Alteration of endorsements
69A—Alteration of endorsements The licensing authority may, on the application of—
(a) the holder of a liquor production and sales licence with a production and sales event endorsement; or
(b) the holder of a club licence with a club event endorsement or a club transport endorsement,
alter the terms of the relevant endorsement.
(1) Section 71(1)—delete "by a licensee"
(2) Section 71(1a)—delete subsection (1a)
(3) Section 71(4)—after subsection (4) insert:
(5) In addition, a licensing authority may, if the licensing authority thinks fit, approve a natural person as a responsible person on the condition that the applicant satisfies the licensing authority that the natural person is a fit and proper person within a period (of 6 months or less) specified by the licensing authority.
(6) If an approval is granted on a condition under subsection (5)—
(a) the licensing authority may (during the period of 6 months or less specified by the licensing authority under that subsection), on failure by the responsible person to comply with the condition, revoke the approval; and
(b) if the approval is not revoked under paragraph (a), the approval will, at the end of the period of 6 months or less specified by the licensing authority under that subsection, be taken to be an approval not subject to the condition under subsection (5).
After section 71 insert:
71A—Revocation of approval of responsible person
(1) The Commissioner has an absolute discretion to revoke a person's approval as a responsible person under this Division on such ground or for such reason as the Commissioner thinks fit.
(2) The Commissioner must, before exercising powers under subsection (1) in relation to a person—
(a) give written notice to the person of the proposed revocation, including, subject to section 28A, a statement of the reasons that the Commissioner considers justify the revocation; and
(b) allow the person a period of 21 days (or such longer period as the Commissioner may in a particular case allow) to show cause why the approval should not be revoked.
(3) The Commissioner may suspend an approval pending final determination of the question as to whether the approval should be revoked.
(4) On revoking an approval, the Commissioner must cause notice of the revocation to be given in accordance with the regulations.
Part 4 Division 10A—delete Division 10A
Part 4 Division 13—delete the Division and substitute:
Division 13—Submissions in relation to applications
76—Commissioner of Police may make written submissions Without limiting the Commissioner of Police's right under Part 2 to intervene in proceedings before a licensing authority, the Commissioner of Police may, in relation to an application under this Part, 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 application (or such lesser period as the licensing authority may allow), make written submissions to the Commissioner in respect of the application.
77—General right to make written submissions
(1) If an application has been advertised under this Part, a person may, 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 application (or such lesser period as the licensing authority may allow), make written submissions to the Commissioner in respect of the application.
(2) Subject to subsection (3), written submissions under this section may be made on 1 or more of the following grounds:
(a) that the grant of the application would not be consistent with the objects of this Act or would be contrary to this Act in some other way;
(b) in the case of a designated application—that the granting of the designated application is not in the community interest;
(c) in the case of an application by a natural person for the grant or transfer of a licence, or for the conversion of a temporary licence into an ordinary licence—that the applicant is of bad reputation or character or is in other respects not a fit and proper person to be licensed;
(d) in the case of an application by a trust or corporate entity for the grant or transfer of a licence, or for the conversion of a temporary licence into an ordinary licence—that the applicant is not a fit and proper person to be licensed or that a person who occupies a position of authority in the entity is of bad reputation or character or is in other respects not a fit and proper person to hold such a position in an entity that holds a licence;
(e) in the case of an application for the grant or removal of a licence—that the position, nature or quality of the premises renders them unsuitable to be licensed, or to be licensed under a licence of the kind to which the application relates;
(f) that if the application were granted—
(i) undue offence, annoyance, disturbance or inconvenience to people who reside, work or worship in the vicinity of the premises or proposed premises to which the application relates would be likely to result; or
(ii) the safety or welfare of children attending kindergarten, primary school or secondary school in the vicinity of the premises or proposed premises to which the application relates would be likely to be prejudiced; or
(iii) the amenity of the locality in which the premises or proposed premises to which the application relates are situated would be adversely affected in some other way.
(3) Written submissions in respect of an application that relate to a matter that is, or should be, dealt with or addressed under the law relating to planning or carrying out building work may only be made by or on behalf of a council if a combined assessment panel has been established under the
Planning, Development and Infrastructure Act 2016 to be involved in the assessment of the application under this Act (at the same time as acting as a relevant authority under that Act).(4) A person who makes written submissions under this section must ensure that the applicant is given a copy of the written submissions at least 7 days before the day appointed for the hearing or determination of the application (or such lesser period as the licensing authority may allow).
(5) A licensing authority must have regard to any written submissions (including further written submissions under section 78) made in accordance with the requirements of this Division.
78—Further written submissions
(1) The Commissioner may, in the Commissioner's absolute discretion, in accordance with the rules of natural justice—
(a) call for further written submissions to be made in relation to a particular application; or
(b) invite a person or body determined by the Commissioner to make written submissions in relation to a particular application.
(2) Written submissions made under subsection (1) may be made on any ground.
(3) If the Commissioner receives written submissions (or further written submissions) under this section, the Commissioner must ensure that the applicant is given a copy of the written submissions (or further written submissions) a reasonable time before the hearing or determination of the application.
79—Conciliation
(1) If an application has been advertised under this Part and 1 or more written submissions have been made opposing the application, the Commissioner may, in the Commissioner's absolute discretion, endeavour to resolve the application by conciliation.
(2) If an application is resolved by conciliation, the Commissioner may determine the application so as to reflect the agreement reached by conciliation if the Commissioner considers it appropriate to do so in accordance with this Part.
80—Commissioner may refer matters to Court The Commissioner may, in the Commissioner's absolute discretion, refer any application under this Part for hearing and determination by the Court, other than an application relating to a small venue licence (and a person who has made written submissions in relation to an application referred to the Court will be taken to be a party to the proceedings before the Court in relation to the application).
81—Hearings etc
(1) The Commissioner may, in the Commissioner's absolute discretion—
(a) determine an application under this Part entirely on the basis of the application and any written submissions made without holding a hearing; or
(b) hold a hearing in relation to an application under this Part.
(2) If a hearing is held under subsection (1)(b) in respect of an application for, or in relation to, a small venue licence, only the applicant and, if relevant, the Commissioner of Police, may introduce evidence or make representations at the hearing.
(3) Nothing in this section is to be taken to limit the operation of section 53.
82—Variation of written submissions
(1) A licensing authority may allow a person who has made written submissions in relation to an application to vary the submissions at any time before the application is determined.
(2) If a licensing authority allows written submissions to be varied, the authority must ensure that the applicant is given a copy of the submissions as varied a reasonable time before the hearing or determination of the application.
(1) Section 97(2)—delete "responsible service and consumption principles" and substitute:
principle of responsible service and consumption of liquor
(2) Section 97(3)—delete subsection (3)
(3) Section 97(4)—at the foot of subsection (4) insert:
Maximum penalty: $20 000.
Expiation fee: $1 200.
After section 97 insert:
97A—Direction to complete training—responsible persons
(1) The Commissioner may direct a designated person to undertake specified accredited training within a period specified in the direction.
(2) A person who fails to comply with a direction under this section is guilty of an offence.
Maximum penalty: $10 000.
Expiation fee: $500.
(3) If a direction under this section applies to a responsible person or a person who sells, offers for sale or serves liquor on licensed premises, the licensee in respect of the premises must ensure that the person complies with the direction.
Maximum penalty: $10 000.
Expiation fee: $500.
(4) In this section—
designated person means—
(a) a licensee; or
(b) a responsible person; or
(c) a person who sells, offers for sale or serves liquor on licensed premises.
Section 98(1)—delete "limited licence or a limited club licence" and substitute:
short term licence or club licence
Section 99(5)(b)—delete "wholesale licences" and substitute:
licenses authorising the wholesale sale of liquor
Heading to Part 6 Division 3—delete "lodgers" and substitute:
residents on licensed premises
(1) Section 100(1)—delete "lodgers" and substitute:
residents on licensed premises
(2) Section 100(1)(a)—delete "lodger" and substitute:
resident on licensed premises
(3) Section 100(1)(a)(i)—delete "lodger" wherever occurring and substitute in each case:
resident
(4) Section 100(1)(a)(i)—delete "lodger's" and substitute:
resident's
(5) Section 100(1)(a)(ii)—delete "lodger" and substitute:
resident
(6) Section 100(1)(b)—delete "lodger" first occurring and substitute:
resident on licensed premises
(7) Section 100(1)(b)—delete "lodger" second occurring and substitute:
resident
(8) Section 100(2)—delete "lodger" wherever occurring and substitute in each case:
resident on licensed premises
(1) Section 101(1)—delete "lodgers" first occurring and substitute:
residents on licensed premises
(2) Section 101(1)—delete "lodgers for whom accommodation is provided" and substitute:
residents to be provided with accommodation
(3) Section 101(2)(a)—delete "by computer" and substitute:
electronically
(4) Section 101(2)(b)—delete "lodger" and substitute:
resident
(1) Section 103(4)—after the penalty provision insert:
Expiation fee: $1 200.
(2) Section 103(6)(a)(i)—delete "lodger" and substitute:
resident on licensed premises
(3) Section 103(6)(a)(ii)—delete subparagraph (ii) and substitute:
(ii) by—
(A) a licensee or a member of the licensee's family; or
(B) a responsible person for the licensed premises or a member of a responsible person's family,
who is residing on the licensed premises; or
(4) Section 103(6)(b)(i)—delete "lodger" and substitute:
resident on licensed premises
(5) Section 103(6)(b)(ii)—delete subparagraph (ii) and substitute:
(ii) by—
(A) a licensee or a member of the licensee's family; or
(B) a responsible person for the licensed premises or a member of a responsible person's family,
who is residing on the licensed premises.
Heading to Part 6 Division 5—delete the heading and substitute:
Division 5—Regulation of prescribed entertainment
(1) Section 105(1)—delete subsection (1)
(2) Section 105(3)(b)—before "entertainment" insert:
prescribed
After Part 6 Division 7 insert:
Division 7A—Sale of liquor through direct sales transaction
107A—Sale of liquor through direct sales transaction
(1) A licensee who advertises a sale of liquor by direct sales transaction must cause the identifying number on the licence authorising such sale to be displayed on any advertisement published or distributed by or on behalf of the licensee (whether in printed form or electronically).
(2) A licensee who sells liquor through direct sales transaction must, at the time the liquor is ordered, require the prospective purchaser to notify the licensee of the prospective purchaser's date of birth, unless the prospective purchaser has previously notified the licensee of the purchaser's date of birth.
(3) A licensee who sells liquor through direct sales transaction must provide instructions to the person responsible for the delivery of the liquor that the liquor must only be delivered—
(a) to the adult person who purchased the liquor; or
(b) to the adult person nominated by the purchaser; or
(c) in accordance with the instructions of the purchaser.
(4) A person who delivers liquor purchased through direct sales transaction in accordance with subsection (3)(a) or (b) must—
(a) require a person who takes delivery of the liquor to produce evidence as to the person's identity and age, that complies with the requirements of the regulations; and
(b) make a record of such evidence in a manner prescribed by the regulations.
Maximum penalty: $5 000.
Expiation fee: $315.
(5) A minor who makes a false statement or produces false evidence in response to a requirement under subsection (4)(a) is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $210.
(6) If delivery of liquor sold through direct sales transaction is taken by a minor—
(a) in the case of a licensee—the delivery will be taken to constitute a supply to which section 110(1a) applies, and the licensee will be taken to have supplied the liquor contrary to section 110(1a); and
(b) in the case of a person by whom the liquor was delivered on the licensee's behalf—the delivery will be taken to constitute a supply to which section 110A(1) applies, and the person will be taken to have supplied the liquor contrary to section 110A(1).
(7) Subsection (6)(a) does not apply to a licensee if the licensee proves—
(a) that the licensee complied with the requirements in subsections (2) and (3); and
(b) that at the time of the alleged offence, the licensee did not know, and could not reasonably be expected to have known, that the alleged offence was committed.
(8) Subsection (6)(b) does not apply to a person if the person proves that—
(a) the person required the minor to produce evidence of age that complies with the requirements of the regulations; and
(b) the minor made a false statement, or produced false evidence, in response to that requirement; and
(c) in consequence the person reasonably assumed that the minor was of or above the age of 18 years.
(9) A person must not direct or request a minor to take delivery of liquor sold through direct sales transaction.
Maximum penalty: $5 000.
(10) A licensee must not employ or engage a minor to deliver liquor sold by the licensee through direct sales transaction.
Maximum penalty: $10 000.
(1) Section 108(1)—delete subsection (1) and substitute:
(1) If liquor is sold or supplied on licensed premises to an intoxicated person, each of the following persons is guilty of an offence:
(a) the licensee;
(b) if the licence in respect of the licensed premises is held by a trust or corporate entity, each person occupying a position of authority in the trust or corporate entity;
(c) the responsible person for the licensed premises;
(d) the person by whom the liquor is sold or supplied.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
Expiation fee: $1 200.
(1a) In any proceedings for an offence against subsection (1) where it is alleged that a person was sold or supplied liquor on particular licensed premises, the allegation constitutes proof that the sale or supply occurred on the licensed premises in the absence of proof to the contrary.
(2) Section 108(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) if the defendant is the person by whom the liquor was sold or supplied, that the defendant—
(i) believed on reasonable grounds that the person to whom it was sold or supplied was not intoxicated; and
(ii) took reasonable steps to comply with the provisions of the Commissioner's codes of practice relating to the responsible service of alcohol designated by the Commissioner as mandatory provisions for the purposes of this subparagraph; or
(b) if the defendant is—
(i) the licensee; or
(ii) a person occupying a position of authority in a trust or corporate entity (in the case of a licensee that is a trust or corporate entity); or
(iii) the responsible person for the licensed premises,
and did not personally sell or supply the liquor—that the defendant—
(iv) exercised proper care to prevent the sale or supply of liquor in contravention of subsection (1); and
(v) has reasonable processes in place for ensuring that persons by whom liquor is sold or supplied on the licensed premises comply with the provisions of the Commissioner's codes of practice relating to the responsible service of alcohol designated by the Commissioner as mandatory provisions for the purposes of paragraph (a)(ii).
(1) Section 109(1)—after "displayed" insert:
, in accordance with any requirements prescribed by the regulations,
(2) Section 109—after subsection (1) insert:
(1a) A licensee must ensure that an up to date copy of the plan of the licensed premises is kept at the licensed premises and made available on request to a police officer or inspector.
(3) Section 109(2)—delete "subsection (1)" and substitute:
a requirement under this section
Before section 110 insert:
109C—Interpretation In this Part—
parent in relation to a minor, includes a step‑parent or legal guardian of the minor;
responsible adult in relation to a minor, means an adult who is—
(a) a parent of the minor; or
(b) standing in the position, and undertaking responsibilities of the parent of the minor; or
(c) the spouse or domestic partner of the minor.
(1) Section 110(1)—delete "the licensee, the responsible person for the licensed premises, and the person by whom the liquor is sold or supplied are each guilty of an offence" and substitute:
In this Part—
accord area means an area, as determined under section 128H(2), to which a local liquor accord applies (as varied from time to time under section 128H(3));
alcohol‑related violence includes anti‑social behaviour, disorder, harm and violence, including domestic violence, if alcohol is involved in the conduct constituting the behaviour, disorder, harm or violence;
coordinator , for a local liquor accord, is the coordinator specified under section 128E(2)(b);
local liquor accord means any written code of practice, memorandum of understanding or other arrangement that—
(a) affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of, or conduct of business on, licensed premises; and
(b) is made under this Part for the purpose of preventing or reducing alcohol‑related violence.
128E—Preparation of draft local liquor accords
(1) 1 or more licensees and 1 or more of the following persons or bodies may prepare a draft local liquor accord and give it to the Commissioner for approval:
(a) the Commissioner;
(b) the Commissioner of Police;
(c) a council;
(d) any other person or body, or person or body of a class, prescribed by the regulations.
(2) A draft local liquor accord must include the following details:
(a) the name of each party to the draft;
(b) the name and address of the coordinator for the local liquor accord (being a party to the draft or a representative of a party to the draft);
(c) the proposed accord area;
(d) any other details prescribed by the regulations.
128F—Terms of local liquor accords Without limiting the terms that may be included in a local liquor accord, a local liquor accord may make provision for or with respect to authorising or requiring any licensees who are parties to it to do 1 or more of the following:
(a) to cease or restrict either or both of the following on their licensed premises:
(i) the sale of liquor on those premises (including the sale of liquor for consumption off premises);
(ii) allowing the consumption of liquor on those premises;
(b) to restrict the public's access to the licensed premises in the manner and to the extent provided by the local liquor accord;
(c) to take any other measure prescribed by the regulations as a measure that may be taken to prevent or reduce alcohol‑related violence.
128G—Competition and Consumer Act and Competition Code Any conduct on the part of any person engaged in for the purpose of—
(a) preparing a draft local liquor accord; or
(b) the approval of a local liquor accord; or
(c) promoting or giving effect to the terms of a local liquor accord,
is authorised for the purposes of section 51 of the
Competition and Consumer Act 2010 of the Commonwealth and theCompetition Code of South Australia .
128H—Approval of local liquor accords
(1) The Commissioner may approve a local liquor accord and the accord takes effect when so approved.
(2) In approving a local liquor accord, the Commissioner must determine the area to which the accord is to apply by taking into account the area proposed in the draft local liquor accord by the parties to the draft and any other relevant matters.
(3) The Commissioner may, on the Commissioner's own initiative or on application of the parties to a local liquor accord, by written notice to the coordinator of the accord, vary the accord (including the accord area).
(4) The power to vary an accord under subsection (3) includes the power—
(a) to determine that a party is removed as a party to the local liquor accord; or
(b) to add a person or body under section 128E(1) as a party to the accord.
(5) However, the Commissioner may only exercise a power under subsection (4) if the relevant party has given the Commissioner a written request to be removed or added as a party to the local liquor accord.
(6) The Commissioner may terminate a local liquor accord on the Commissioner's own initiative or on application of the coordinator.
(7) The coordinator may only make an application under subsection (6) with the consent of the parties to the local liquor accord.
(8) The Commissioner must, as soon as is reasonably practicable after approving, varying or terminating a local liquor accord, give the parties notice of the approval, variation or termination (as the case requires).
(1) Section 129(1)—at the foot of subsection (1) insert:
Maximum penalty: $5 000.
Expiation fee: $315.
(2) Section 129(2)—at the foot of subsection (2) insert:
Maximum penalty: $5 000.
(1) Section 131—after subsection (1a) insert:
(1ab) Subject to this section, a council may, by notice in the Gazette, prohibit the consumption or possession or both of liquor in the public place or public places within the area of the council specified in the notice during the period (not exceeding 48 hours) specified in the notice.
(1ac) A notice under subsection (1ab) cannot take effect unless the notice is published in the Gazette at least 14 days before the commencement of the period specified in the notice (being the period during which the prohibition under the notice is to apply).
(1ad) A council must, within 7 days after publishing a notice under subsection (1ab), give a copy of the notice to the Commissioner of Police.
(2) Section 131(1b)—delete "or (1a)" and substitute:
, (1a) or (1ab)
(3) Section 131—after subsection (1b) insert:
(1c) A notice under—
(a) subsection (1) may be varied or revoked by the Minister by further notice in the Gazette; or
(b) subsection (1a) may be varied or revoked by the Commissioner by further notice in the Gazette; or
(c) subsection (1ab) may be varied or revoked by the council by further notice in the Gazette.
(4) Section 131(2)—delete "or (1a)" and substitute:
, (1a) or (1ab)
(5) Section 131(3)—delete "subsection (1)" and substitute:
subsection (1b)
Section 131A(1), penalty provision—delete "$1 250" and substitute:
$5 000
After section 135 insert:
135A—Determination of second or subsequent offence in case of previous offence that has been expiated In determining whether an offence under Part 6 Division 8 or Part 7 of this Act is a first, second, third or subsequent offence for the purposes of this Act, any previous offence for which the person has been convicted or that the person has expiated will be taken into account.
(1) Section 136(2)(e)—delete paragraph (e) and substitute:
(e) by transmitting it to the person by fax or email to—
(i) in the case of an order under Part 9 Division 3 Subdivision 3—the fax number or email address last provided to the Commissioner of Police or the police officer issuing the barring order by the person for that purpose; or
(ii) in any other case—the fax number or email address last provided to the Commissioner by the person for that purpose.
(2) Section 136—after subsection (2) insert:
(2a) If a licensee or other person is party to an arrangement with the Commissioner that notices or documents are to be given in a manner not specified in subsection (1) or (2), a notice or document required to be given under this Act may be given in that manner (or may be given in a manner specified in subsection (2)).
After section 137B insert:
137C—Special transitional provision—disapplication or modification of certain restrictions or requirements in respect of licences
(1) The regulations may provide that a designated restriction or requirement does not apply, or applies with modifications specified by the regulations, from the commencement of this section.
(2) The regulations may provide that a condition of a licence that gives effect to a designated restriction or requirement does not apply, or applies with modifications specified by the regulations, from the commencement of this section.
(3) In this section—
designated restriction or requirement means a restriction or requirement relating to operations under a licence—
(a) that is provided for by the existing licensing Division that will not be provided for by the new licensing Division (when the existing licensing Division is substituted by the new licensing Division); and
(b) that is prescribed by the regulations for the purposes of this section;
existing licensing Division means Part 3 Division 2 of this Act as in existence immediately before the commencement of this section;
new licensing Division means Part 3 Division 2 to be substituted by section 22 of theLiquor Licensing (Liquor Review) Amendment Act 2017 .
(1) Section 138—after subsection (1) insert:
(1a) Without limiting the generality of subsection (1), the regulations may—
(a) prescribe fees or charges in respect of any matter under this Act and provide for the payment, recovery, reduction or waiver of fees or charges (including fees payable under another provision of this Act); and
(b) grant or provide for the granting of exemptions (conditionally or unconditionally) of persons or operations from this Act or specified provisions of this Act; and
(c) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Commissioner.
(2) Section 138(2a)—after "nature" insert:
consequent on the amendment of this Act by another Act
(3) Section 138—after subsection (2a) insert:
(2b) A regulation required to be laid before each House of Parliament in accordance with the
Subordinate Legislation Act 1978 that prescribes fees for the purposes of this Act may not prescribe or provide for any matter that is not prescribed in connection with such fees.(4) Section 138(5)—delete subsection (5) and substitute:
(5) A provision of a regulation made under subsection (2a) may, if the regulation so provides, take effect from the commencement of the amendment or from a later day.
(6) To the extent to which a provision takes effect under subsection (5) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(7) Without limiting the operation of any other provision in this section, the regulations may, for transitional purposes—
(a) provide that this Act or specified provisions of this Act will not apply in relation to a particular person or thing, or a class of person or thing, until a specified day; or
(b) modify the application of this Act or provisions of this Act in relation to a particular person or thing, or a class of person or thing, until a specified day.
Part 1—Amendment of Controlled Substances Act 1984
Section 32(6), definition of
prescribed licensed premises , (a)(i) to (v)—delete subparagraphs (i) to (v) (inclusive) and substitute:
(i) a general and hotel licence;
(ii) an on premises licence;
(iii) a club licence;
(iv) a restaurant and catering licence;
Part 2—Amendment of Criminal Law Consolidation Act 1935
2—Amendment of section 32C—Spiking of food or beverages Section 32C(4), definition of
licensed premises , (a)—after "restaurant" insert:and catering
(1) Section 3(1), definition of
approved crowd controller —delete the definition(2) Section 3(1), definition of
authorised person , (f)—delete paragraph (f) and substitute:
(f) 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 ;(3) Section 3(1), definition of
hotel licence —delete the definition and substitute:
general and hotel licence means a general and hotel licence under theLiquor Licensing Act 1997 ;(4) Section 3(1), definition of
liquor licence —delete "hotel licence, club licence or special circumstances" and substitute:general and hotel licence, an on premises licence or a club
(5) Section 3(1)—after the definition of
officer insert:
on premises licence means an on premises licence under theLiquor Licensing Act 1997 ;(6) Section 3(1), definition of
special circumstances licence —delete the definition
(1) Section 15(1)(a)—delete "hotel" and substitute:
general and hotel
(2) Section 15(1)(c)—delete "a special circumstances" and substitute:
an on premises
(3) Section 15(1)(c)—delete subparagraphs (i) and (ii) and substitute:
(i) —
(A) the holder of the licence previously held a special circumstances licence granted on the surrender of a hotel licence or a club licence; and
(B) the nature of the undertaking carried out under the licence is substantially similar to that of a licensed hotel or club; or
(ii) the premises to which the on premises licence relates constitute—
(A) a major sporting venue; or
(B) the headquarters in this State for a particular sporting code,
and the nature of the undertaking carried out under the licence is substantially similar to that of a licensed club.
Section 27(7)(a)—delete paragraph (a)
6—Amendment of section 28—Certain gaming machine licenses only are transferable
(1) Section 28(1)—delete "Where a hotel licence or special circumstances" and substitute:
If a general and hotel licence or an on premises
(2) Section 28(1)—delete "hotel or special circumstances" and substitute:
general and hotel or on premises
(3) Section 28(5)—delete "hotel licence or special circumstances" and substitute:
general and hotel licence or an on premises
Part 4—Amendment of South Australian Motor Sport Act 1984
7—Amendment of section 27B—Removal of certain restrictions relating to sale and consumption of liquor
(1) Section 27B(1)(a)—delete "hotel licence, club licence (including a limited club licence), retail liquor merchant's licence, special circumstances licence, restaurant licence" and substitute:
general and hotel licence, on premises licence, restaurant and catering licence, club licence, packaged liquor sales licence
(2) Section 27B(1)(b)—delete paragraph (b)
8—Amendment of section 27C—Control of noise etc during prescribed period Section 27C(1)(a)—delete "hotel licence, club licence, retail liquor merchant's licence or special circumstances licence" and substitute:
general and hotel licence, on premises licence, club licence or packaged liquor sales licence
9—Amendment of section 17AB—Trespassers etc at private parties Section 17AB(12), definition of
private party , (c)—delete "limited" and substitute:short term
10—Amendment of section 72A—Power to conduct metal detector searches etc Section 72A(8), definition of
licensed premises , (a)—delete paragraph (a) and substitute:
(a) premises in respect of which 1 of the following classes of licence is in force under the
Liquor Licensing Act 1997 :
(i) a general and hotel licence;
(ii) an on premises licence;
(iii) a restaurant and catering licence;
(iv) a club licence;
(v) a licence of a class prescribed by regulation,
other than premises, or premises of a class, declared by the regulations to be excluded from the application of this paragraph;
In this Schedule—
licence ,licensed premises andlicensee 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 theLiquor Licensing Act 1997 ;
relevant day means the day on which new Part 3 Division 2 comes into operation.
2—Amendments 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.
(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.
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(2) A special circumstances licence under old Part 3 Division 2 will, on the relevant day, be taken to be—
(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
(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
(c) in any other case—an on premises licence under new Part 3 Division 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.
(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) The Commissioner—
(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
(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) 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.
(1) Except as notified by the Commissioner under subclause (2), a condition of a licence imposed 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 lawfully imposed under new Part 3 Division 2).
(2) The Commissioner may, by notice in writing to a licensee given within 2 years after the relevant day—
(a) add a condition to the licence; or
(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—
(c) as a consequence of the enactment of this Act; or
(d) because a matter the subject of a condition is, or should be, dealt with or addressed under the
Development Act 1993 orPlanning, Development and Infrastructure Act 2016 ; or
(e) for such other reason as the Commissioner thinks fit.
(3) For the avoidance of doubt, a reference in this clause to a condition of a licence includes a reference to a term of a licence, or an authorisation or any other right or limitation set out in a licence.
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.
(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) On a review, the Licensing Court may—
(a) affirm or vary the notice; or
(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.
(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) 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.
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.
Despite any other Act or law, no compensation is payable by the Crown in respect of the operation of this Part.
(1) A consent in force immediately before the commencement of this clause is, by force of this clause, revoked.
(2) An entertainment condition will be taken to be of no effect from the commencement of this clause.
(3) Nothing in this clause affects—
(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
(b) the operation of any other Act or law.
(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 andprescribed 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—
(a) a condition relating to the provision of prescribed entertainment; or
(b) a condition declared by the Commissioner not be an entertainment condition.
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.
To avoid doubt, the following provisions of the principal Act do not apply in respect of the operation of this Schedule:
(a) section 3;
(b) section 22;
(c) section 43;
(d) Part 4.
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