Public Entertainment (Licensing) Act 1972 (Qld)

46 Queenstati c ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE 00*4444*444*4*4*4404 No. 5 of 1972 An Act to Regulate the provision of public entertainment in places that are not within an Area of a Local Authority [ASSENTED TO 7TH NOVEMBER, 1972] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Public Entertainment (Licensing) Act 1972. 2. Interpretation . (1) In this Act, unless a contrary intention appears- Director " means the Director of Local Government for the © State of Queensland, and includes any person who at the material time is performing the duties of the Director;

Public Entertainment ( Licensing ) Act 1972, No. 5 47 " inspector " means a person authorized by the Director to act as an inspector for the purposes of this Act; " licence " means a licence issued by the Director under this Act and in force at the material time; " Local Authority " means a Local Authority and a Joint Local Authority constituted under the Local Government Act 1936-1971 and includes Brisbane City Council; " Local Authority Area " means a district in which a Local Authority has jurisdiction and includes any place under the control of a Local Authority outside of that district; " Minister " means the Minister for Local Government and Electricity or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes any person who at the material time is performing the duties of the Minister; It police station " includes any place for the time being used as a police office; " premises " means any building or structure, and any part thereof, and any enclosure, ground (whether enclosed or not), any body of water and any other place, that is not within a Local Authority Area. (2) For the purposes of this Act but without limiting its meaning the expression " public entertainment " includes (a) any entertainment at which the public are invited to attend; (b) any entertainment at which the public are permitted to attend, and in either case whether on payment of an admission fee or other payment or otherwise. It shall not be taken that an occasion is not one of public entertainment by reason only of the fact that persons who desire to attend thereat are invited or required to become or be members of a club or other association as a condition precedent to their being admitted to the entertainment. 3. Promotion and provision of public entertainment subject to licence. (1) A person shall not promote or organize public entertainment to be provided in or on any premises unless under the authority of a licence. (2) A person shall not use any premises to provide public entertainment unless under the authority of a licence. 4. Keeping or making available premises for public entertainment subject to licence. (1) A person shall not- (a) keep or let premises for the purpose that public entertainment be provided therein or thereon, (b) permit premises over which he has control to be used for the provision of public entertainment, or enter into an arrangement whereby premises over which he has control may become available to be used for the provision of public entertainment, unless there exists in relation to those premises a licence that authorizes the provision therein of public entertainment of the type that is to be provided.

48 Public Entertainment ( Licensing ) Act 1972, No. 5 (2) For the purposes of subsection (1), a person who is owner of the premises in question shall be taken to have control over the premises save where he has, bona fide, leased or let the premises for a purpose other than a purpose referred to in subsection (1) in which case the lessee or tenant shall be taken to have control over the premises. 5. Participation in providing unlicensed public entertainment forbidden. A person shall not participate in providing public entertainment in or on any premises unless there exists in relation to those premises a licence that authorizes the provision therein or thereon at the material time of public entertainment of the type that is to be provided or, as the case may be, that is provided. Penalty: $500. 6. Application for licences . (1) An application for a licence shall be made to the Director in the form prescribed in the First Schedule and, upon its lodgement with the Director, shall be accompanied by- (a) the fee specified on the form of application and appropriate to the application in question; (b) a copy of the publication of the advertisement required by subsection (2) to be published; (c) if the applicant is not the owner of the premises to which the application relates, the consent of the owner or owners to the application; and (d) such other information as the Director requires. (2) A person who proposes to make an application for a licence shall, before making his application, by advertisement published at least once in at least one newspaper that circulates in the locality in which are situated the premises to which the application will relate, give public notice of his intention to make the application. The advertisement shall be in the form prescribed in the Second Schedule. 7. Exemption from advertisement in certain cases. (1) Where the Minister is satisfied that premises in relation to which an application for a licence is to be made are so situated that public notice of intention to make the application would serve no good purpose he may, in writing, exempt an application made or to be made in relation to those premises from provision (b) of subsection (1) and from subsection (2) of section 6 whereupon, for as long as the exemption subsists, those enactments shall not apply to an application that relates to those premises. (2) An exemption granted under subsection (1) may be revoked at any time by the Minister whereupon it shall cease to subsist. 8. Power of Director upon application . (1) Upon an application for a licence being duly made to him the Director may- (a) grant the licence sought; or (b) refuse the licence sought; or (c) grant a licence in relation to the premises in question subject to such conditions as the Director thinks fit.

Public Entertainment ( Licensing ) Act 1972, No. 5 49 (2) Where the Director grants a licence subject to conditions, the conditions shall be particularized in the document issued to evidence the grant of the licence. (3) The Director and every other person acting in aid of him is entitled to enter upon and into premises to which an application for a licence relates and therein to make such inspections as the Director or such other person thinks necessary to facilitate the proper disposal of the application. 9. Matters relevant to determination of application for licence. To assist his determination of an application for a licence the Director shall have regard to- (a) every objection duly made to the granting of the application, which objection is in writing and sets out the grounds of objection and the facts and circumstances relied on by the objector; (b) securing the peace and good order of the locality in which are situated the premises to which the application relates; (c) the capability and willingness of the applicant to maintain good order amongst those expected to attend at the premises to which the application relates and the accessibility of such premises should the need arise to restore good order thereat; (d) the well-being and comfort of persons resident in the locality in which are situated the premises to which the application relates; (e) the safety of persons attending the public entertainment to be provided at the premises to which the application relates and of persons making their way to or from such premises; (f) the condition of sanitation of the premises to which the application relates and, in particular, the sanitary facilities thereon or to be provided at the public entertainment sought to be provided thereat, the nature of those facilities and their sufficiency to provide for the number of persons that may be expected to attend at the public entertainment to be provided; (g) the suitability of the premises for the provision of public entertainment of the type sought to be provided thereat; (h) any other circumstance that the Director considers relevant. 10. Duration and renewal of licences . (1) A licence may be issued to be in force- (a) for the date or dates specified therein; or (b) for the period specified therein; or (c) without limitation of time specified in the licence. (2) A licence may be revoked by the Director at any time by notice in writing addressed to the person to whom the licence was issued and given to him or sent by pre-paid post letter to his address last known to the Director. (3) Unless it is sooner revoked by the Director a licence shall continue in force for the time specified therein or, where no time is specified therein, for a period of one year from the date of issue of the licence.

50 Public Entertainment ( Licensing ) Act 1972, No. 5 (4) Where a licence expires by effluxion of time the same may be renewed by application made to the Director at least two weeks prior to the date of its expiration and such application shall be dealt with as a first application for a licence save that the provisions of this Act that require advertisement of notice of intention to make the application and the furnishing to the Director of a copy of the publication of the notice shall not apply thereto unless the Minister directs to the contrary. 11. Authority of licence . (1) A licence shall constitute authority for the person to whom it is granted to use the premises described therein on the date or dates specified therein, or (save on any day excluded by subsection (2)) during the period that the licence continues in force, for the provision of public entertainment of a type referred to in the licence and to promote and organize public entertainment of such a type to be provided in or on those premises at a time when he is authorized by the licence to provide the same. (2) Unless it is otherwise specified in the licence it is to be taken that a licence does not authorize the provision of public entertainment at any time on Good Friday, Christmas Day, or any Sunday. 12. Register of licences . The Director shall cause to be kept a register of all licences granted by him and to be recorded therein particulars of the person to whom the licence was issued and of all matters that affect the continuance in force of the licence. 13. Power to secure compliance with Act and licence . (1) At any time during the presentation of public entertainment in any premises- (a) it shall be the duty of an inspector and any member of the Police Force of Queensland at all times to cause the provisions of this Act and the conditions of a licence to be duly observed and for that purpose an inspector and a member of the Police Force of Queensland may enter any premises at any time during the day or night and therein make such inquiry, investigation, inspection or examination which in his opinion is necessary to establish whether or not the provisions of this Act are being complied with in all respects and whether or not the conditions of a licence granted in relation to those premises are being complied with; (b) an inspector may give to the person to whom a licence that authorizes that entertainment is granted or who appears to him to be in charge of or associated with the management of the premises such directions as are directed to securing compliance with the conditions of a licence granted in relation to those premises, or to making those premises safer or more sanitary for the persons in attendance and may by such a direction impose a time limit by or within which the direction is to be complied with; (c) if the entertainment is being presented otherwise than as authorized by a licence, any member of the Police Force of Queensland may arrest without warrant any person whom he

Public Entertainment ( Licensing ) Act 1972, No. 5 51 finds committing an offence against this Act on a charge of that offence and shall take the offender to a police station or watch - house to be dealt with according to law and may seize any musical instruments and any electrical or other mechanical appliance , apparatus or device by means of which the offence is being committed. (2) Any premises at which two or more persons have attended for the purpose of public entertainment , whether they attend as performers, or audience , or in any other role and whether or not the entertainment is authorized by a licence , shall be and remain a public place within the meaning of the Vagrants , Gaming, and Other Offences Act 1931-1971 until all persons present at the premises have dispersed and departed. 14. Non - compliance with licence condition or direction an offence and cause for revocation . (I) A person who- (a) contravenes or fails to comply with a condition of a licence granted to him; or (b) fails to comply with a direction given to him 'by an inspector pursuant to this Act, commits an offence against this Act. (2) Where a person to whom a licence is granted commits an offence referred to in subsection (1), whether or not the offender is proceeded against for that offence, the Director either- (a) shall, by notice in writing given to the offender or sent to him by pre-paid post letter at his address last known to the Director, call upon the offender to show cause to the Director on the date specified by the Director why the licence granted to the offender should not be revoked and if on the date specified sufficient cause is not shown the Director shall revoke the licence in the manner prescribed by section 10; or (b) if he is satisfied that to adopt the procedure referred to in the preceding paragraph (a) would frustrate the objects of this Act, shall orally or in writing revoke forthwith the licence .granted to the offender and shall inform the offender of the revocation as soon as is practicable. (3) Where a person other than one to whom a licence is granted commits an offence referred to in paragraph (b) of subsection (1), whether or not the offender is proceeded against for that offence, the Director may revoke the licence subject to his adopting in respect of the person to whom the licence is granted one of the procedures referred to in paragraphs (a) and (b) of subsection (2) and in the application of the provisions of those paragraphs a reference therein to the offender shall be construed as a reference to the person to whom the licence is granted. 15. Employee deemed to have authority of employer . It is sufficient authority for a person who is a servant or agent of another to do any act for which, under this Act, he needs the authority of a licence if his employer or principal is authorized by a licence to do that act.

52 Public Entertainment (Licensing) Act 1972, No. 5 16. Proceedings for offences . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) Save where a penalty is otherwise specifically prescribed, a person who commits an offence against this Act is liable to a -penalty of $2,000 or to imprisonment for 12 months or to both such penalty and imprisonment. (3) A prosecution for an offence against this Act shall be by way of summary proceeding under The Justices Acts 1886 to 1968. (4) Where the person who commits an offence against this Act is a body corporate every member of the governing body of that body corporate at the time the offence is committed shall be deemed to have committed the offence and shall be liable therefor in addition to the body corporate. 17. Evidentiary provisions . In.any proceeding- (a) a certificate purporting to be that of the Director that the premises specified therein are not within a Local Authority Area shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (b) a certificate purporting to be that of the Director that a licence does not exist in relation, to premises specified therein shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (c) a copy of a licence produced from the records of the Director shall be conclusive evidence of the matters contained in the original of which it purports to be a copy; (d) a certificate purporting to be that of the Director that an exemption does not exist in respect of the public entertainment specified therein or that an exemption granted under section 21 was revoked shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 18. No review of Director ' s determination . A determination by the Director to grant or to refuse to grant a licence or to revoke a licence shall not be questioned in any proceeding whatsoever. 19. No liability arising from execution of Act. The Director, an inspector and a member of the Police Force of Queensland shall not incur any liability on account of anything done by him pursuant to this Act or done by him bona fide and purportedly for the purposes of this Act. 20. Alteration of schedules . The Governor in Council may by Order in Council vary in such manner as he thinks fit all or any of the matter contained in the forms prescribed or deemed to be prescribed in the schedules and may substitute another form for any form therein prescribed or deemed to be prescribed. When the Governor in Council has varied or substituted a form pursuant to this section the form as so varied or substituted shall be deemed to be the form prescribed in the relevant schedule for the time being.

Public Entertainment ( Licensing ) Act 1972, No. 5 53 21. Exemption from Act. (1) The Minister may, upon application made to him or on his own motion, by writing signed by him exempt from the application of this Act- (a) all public entertainment, or public entertainment of a type specified by the Minister in the exemption, to be provided in premises situated in a locality specified by the Minister in the exemption; (b) public entertainment of a type specified by the Minister in the exemption to be provided in premises situated anywhere in Queensland; (c) a particular occasion of public entertainment to be provided in premises specified by the Minister in the exemption, and may in like manner and circumstances revoke any exemption granted by him, whereupon the exemption shall cease to subsist. (2) The Minister- (a) shall cause notification of an exemption granted on his own motion or of a revocation on his own motion of an exemption to be published in the Gazette; (b) shall cause notification of revocation of an exemption to be given to any person whom he had caused to be expressly notified of the grant of the exemption and to any person who to his knowledge is directly affected by the revocation. (3) For as long as an exemption by the Minister continues in force the provisions of this Act shall not apply in respect of the public entertainment to which the exemption relates. FIRST SCHEDULE [s. 6] APPLICATION FOR LICENCE The applicant a licence for premises at , of , hereby applies for for the following purposes:- (Types of entertainment to be specified) on the dates during the period 0 ;- (Complete and strike out to suit.) without limit of time. Name of premises ( it any) : Real Property Description: Owner ' s name and address: Accommodation capacity : ( Seated ) ; ( Standing) Charges for admission: Hours of provision of entertainment: (Monday to Saturday) (Sunday) Number of employees regularly engaged and their categories: Name and address of person in charge , at the premises, of the provision of the entertainment: Signature of applicant: Date: Fee to accompany this application, $10.

54 Public Entertainment ( Licensing ) Act 1972, No. 5 SECOND SCHEDULE [s. 6] NOTICE OF INTENTION Public Entertainment (Licensing) Act 1972 Notice is hereby given that an application is about to be made for the licence of the Director of Local Government for the provision of public entertainment in the form of (type of entertainment) on land described as (Real Property description) situated at (location of premises). Objections to the granting of the application may be lodged with the Director of Local Government, at (address of Director) on or before (insert a date at least 30 days from the date of first publication of notice) but those objections must be in writing and must set out the grounds of objection and the facts and circumstances relied on by the objector.