Liquor Act 1992

An Act to regulate the sale and supply of liquor and the provision of adult entertainment

1Short title

This Act may be cited as the Liquor Act 1992.

2Commencement

This Act commences on a day to be fixed by proclamation.

2AAct binds the Crown

This Act binds the Crown.

3Main purposes of Act

The main purposes of this Act are—

(a)to regulate the liquor industry, and areas in the vicinity of licensed premises, in a way compatible with—

(i)minimising harm, and the potential for harm, from alcohol abuse and misuse and associated violence; and

Examples of harm—

•adverse effects on a person’s health

•personal injury

•property damage

(ii)minimising adverse effects on the health or safety of members of the public; and

(iii)minimising adverse effects on the amenity of the community; and

(b)to facilitate and regulate the optimum development of the tourist, liquor and hospitality industries of the State having regard to the welfare, needs and interests of the community and the economic implications of change; and

(c)to provide for the jurisdiction of the tribunal to hear and decide reviews of certain decisions under this Act; and

(d)to provide for a flexible, practical system for regulation of the liquor industry of the State with minimal formality, technicality or intervention consistent with the proper and efficient administration of this Act; and

(e)to regulate the sale and supply of liquor in particular areas to minimise harm caused by alcohol abuse and misuse and associated violence; and

(f)to regulate the provision of adult entertainment; and

(g)to provide revenue for the State to enable the attainment of this Act’s main purposes and for other purposes of government.

3APrinciple underlying this Act for facilitating and regulating the liquor industry

(1)The underlying principle of this Act in relation to the sale and supply of liquor is—

(a)a person may obtain a licence to sell or supply liquor as part of conducting a business on premises; and

(b)liquor may only be sold or supplied on the licensed premises as part of the person conducting a business, on the licensed premises, that is the principal activity under the licence.

(2)This Act states the principal activity of a business that may be conducted under each type of licence.

(3)This Act must be administered in accordance with the underlying principle of this Act.

(4)This section applies subject to the main purpose of this Act mentioned in section 3(a).

3BDeclaration for Commonwealth Act

A licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

4Definitions

In this Act—

abatement notice means a notice made under section 187.

accepted representations—

(a)for part 5C—see section 142ZC(2); or

(b)for part 5D, division 5—see section 142ZT(2).

accounting records includes—

(a)books of account; and

(b)such working papers and other documents as are necessary to explain the methods and calculations by which an account is made up.

adult entertainment has the meaning given by section 103N(2).

adult entertainment permit means a permit granted under this Act authorising a person to provide adult entertainment.

amenity, of a community or locality, means—

(a)the atmosphere, ambience, character and pleasantness of the community or locality; and

(b)the health and safety of persons who live in, work in or visit the community or locality and the comfort or enjoyment they derive from the community or locality.

Anzac Day event, for an RSL or Services Club, means an event or occasion organised by the club to commemorate Anzac Day.

approval means—

(a)for parts 5A and 5B—an approval under part 5A as a trainer for the licensee’s course; or

(b)for an approved manager—an approval to be an approved manager under part 5C; or

(c)for a controller—an approval under part 5D for the holder of the approval to work as a controller.

approved area has the meaning given by section 103P(1).

approved arrangement means a lease, sublease, franchise agreement or management agreement entered into by the holder of a commercial special facility licence if the commissioner has approved the lease or sublease or the entering into of the agreement for the purposes of section 153(3).

approved evaluator, for part 6AA, see section 173EE.

approved extended trading hours, for licensed premises, means the trading hours mentioned in an extended trading hours approval for the premises that is endorsed, under section 85(1), on the licence.

approved form means a form approved by the commissioner under section 234A.

approved ID scanner, for part 6AA, see section 173EE.

approved ID scanning system, for part 6AA, see section 173EE.

approved operator, for part 6AA, see section 173EE.

approved risk-assessed management plan, for premises, means a risk-assessed management plan or revised risk-assessed management plan approved under section 51 for the premises, and includes the plan as changed under section 52 or 52A.

approved training course means a course, prescribed under a regulation, about the responsible service of liquor.

associate has the meaning given by section 4C.

banning order, for regulated premises, for part 6AA, see section 173EE.

bar licence means a commercial other licence for conducting a business with the principal activity mentioned in section 70.

boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft.

brothel licence has the meaning given by the Prostitution Act 1999, schedule 4.

car park means an area with a surface designed or adapted for the parking of vehicles, whether or not the area is being used for that purpose.

car park approval see section 142ZZE(2).

change day—

(a)for part 12, division 7, subdivision 1—see section 276; and

(b)for part 12, division 7, subdivision 2—see section 282.

club means an association of persons who meet periodically—

(a)with an interest in promoting some object; or

(b)for social purposes.

code means the adult entertainment code made and approved under section 103N.

column 1 licence, for part 12, division 8, see section 288.

column 1 permit, for part 12, division 8, see section 288.

column 2 licence, for part 12, division 8, see section 288.

column 2 permit, for part 12, division 8, see section 288.

commercial complex means a place where a group of retail or commercial premises are located in close proximity to each other, including, for example, a shopping complex.

commissioner means the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991.

community area means a community area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.

community justice group means a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4.

community police officer means a person who is—

(a)appointed as a community police officer under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 for a community area; and

(b)authorised under that Act to exercise the powers of an investigator under part 7 of this Act for the administration and enforcement of a prescribed provision and sections 168B, 169 and 171 in the area.

compliance order means an order made under section 46.

controller means a person who supervises the provision of adult entertainment.

control order see the Penalties and Sentences Act 1992, section 161N.

corporatised corporation means a corporate entity under the Local Government Act 2009.

council means—

(a)an indigenous local government under the Local Government Act 2009; or

(c)the Council of the Shire of Aurukun; or

(d)the Council of the Shire of Mornington.

craft beer means beer produced in a craft brewery.

craft brewery means premises—

(a)that are either—

(i)licensed premises to which a producer/wholesaler licence relates; or

(ii)premises to which an equivalent licence, issued under the law of another State, relates; and

(b)at which no more than 5 million litres of beer is produced in any financial year under the licence.

criminal intelligence see the Criminal Code, section 86(3).

crowd controller, for part 5, division 6, see section 142AD.

current licensee’s course certificate means a licensee’s course certificate that is in force.

current training course certificate means a training course certificate that is in force.

defence member means any of the following persons in possession of a current service identity card—

(a)a member of the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement or the Permanent Air Force;

(b)a member of the Emergency Forces or the Reserve Forces who is rendering continuous full-time service.

designated public place, for part 6A, division 3, see section 173K.

detached bottle shop means premises approved by the commissioner as mentioned in section 60(1)(d), even if the premises are subsequently relocated under section 154A or transferred under section 154B.

development approval means—

(a)a development approval under the Planning Act; or

(b)a PDA development approval under the Economic Development Act 2012.

digital authority see the Transport Planning and Coordination Act 1994, section 29AC.

digital device see the Transport Planning and Coordination Act 1994, section 29AB.

digital evidence of age see the Transport Planning and Coordination Act 1994, section 29AD.

digital evidence of identity see the Transport Planning and Coordination Act 1994, section 29AE.

disciplinary action, relating to a licence, means—

(a)cancelling the licence; or

(b)suspending the licence—

(i)for a stated period; or

(ii)until further ordered by the commissioner up to a maximum period of 1 year; or

(c)closing the licensed premises, or part of the licensed premises, for a stated period; or

(d)varying the licence by—

(i)stating in the licence a condition to which it is to be subject; or

(ii)otherwise limiting the authority conferred by the licence; or

(da)cancelling an extended trading hours approval endorsed on the licence; or

(e)reducing the times at which the licensee may conduct business under authority of the licence; or

(f)disqualifying the licensee from holding a licence or permit—

(i)for a stated period; or

(ii)until further ordered by the commissioner up to a maximum period of 5 years; or

(g)requiring the licensee to pay to the department an amount of not more than $10,000; or

Note—

The department may require the licensee to pay the department an amount of not more than $10,000 for each ground for which disciplinary action is taken—see part 5, division 3, subdivision 3 (Disciplinary action relating to licences).

(h)requiring the licensee to undertake the licensee’s course within a stated period; or

(i)reprimanding the licensee.

disqualified person means a person disqualified under section 228A from holding a licence or permit.

division 5 notice, for part 5D, division 5, see section 142ZT(1).

document, for part 7, see section 173R.

executive officer, of a corporation or unincorporated association, means a person who is concerned with, or takes part in, the corporation’s or association’s management, or who is in a position of authority or influence in relation to the corporation or association, whether or not the person is a director or committee member or the person’s position is given the name of executive officer or committee member.

exempt class, for part 6AA, see section 173EE.

exemption notice see section 155AL.

exempt licensee, for a safe night precinct, see section 173NB(2).

exempt minor see section 155.

exit, of premises, for part 5, division 6, see section 142AD.

extended trading hours approval see section 84.

family of an individual, has the meaning given by the Prostitution Act 1999, schedule 4.

fee includes a tax.

function see section 4A.

fundraising event means an event or occasion that—

(a)is held primarily for the purpose of raising funds for the benefit of the community; and

(b)is either of the following—

(i)a one-off small regional show;

(ii)another one-off event or occasion starting and ending on the same day.

further action, for part 5D, division 5, see section 142ZR(3)(c).

have in possession includes have under control in any place, whether for the use or benefit of the person in relation to whom the term is used or another person, even though another person has the actual possession or custody.

identified organisation, for part 6, division 5, see section 173EA.

ID scanner, for part 6AA, see section 173EE.

ID scanning system, for part 6AA, see section 173EE.

immediate suspension notice, for part 5D, division 5, see section 142ZR(2).

incident register, for part 5, division 6, see section 142AD.

incorporated association see the Associations Incorporation Act 1981, schedule.

indigenous regional council means an indigenous regional council under the Local Government Act 2009.

industrial canteen licence means a commercial other licence for conducting a business with the principal activity mentioned in section 71A.

information notice, for a decision of the commissioner, means a written notice stating the following—

(a)the decision and the reasons for it;

(b)that the person to whom the notice is given may apply to the commissioner for a review of the decision;

(c)how the person may apply for a review.

interested person, in section 43 and part 5, division 3, subdivision 3, means a person who—

(a)is an owner, lessee or mortgagee of licensed premises or a secured creditor of a licensee whose interest is likely to be affected by cancellation of the licence for the premises; and

(b)has, under section 44A(2), given the commissioner particulars of the person’s interest in the licence.

interest in a brothel has the meaning given by the Prostitution Act 1999, section 7.

investigator means—

(a)a person authorised under section 174(1); or

(b)a police officer; or

(c)for the administration and enforcement of sections 168B, 169 and 171—a community police officer.

irresponsible, in relation to consumption of liquor, includes rapid or excessive.

licence includes a licence granted or provisionally granted, and a staged development approval issued, under this Act.

licence period means the period for which a fee is payable in respect of a licence or permit.

licensed brothel has the meaning given by the Prostitution Act 1999, schedule 4.

licensed premises means premises to which a licence relates, and includes premises approved under section 125 for sale of liquor.

licensee means the holder of a licence, and includes a person prescribed to be subject to this Act as if the person were a licensee.

licensee, for part 6AA, division 4, see section 173EE.

licensee ban, for part 6AA, see section 173EE.

licensee member, of the local board of a safe night precinct, see section 173NL(2).

licensee’s course see section 142A(1).

licensee’s course certificate means a certificate in the approved form—

(a)given to a person, for satisfactorily completing the licensee’s course, by someone who holds an approval under part 5A as a trainer for the course; and

(b)stating the certificate remains in force for 3 years after it is given to the person.

liquor see section 4B.

local board, for a safe night precinct, see section 173NC(2).

main premises, for part 4A, division 2, see section 101.

management committee, for a local board, means the board’s management committee formed under the Associations Incorporation Act 1981.

meal means food that—

(a)is eaten by a person sitting at a table, or fixed structure used as a table, with cutlery provided for the purpose of eating the food; and

(b)is of sufficient substance as to be ordinarily accepted as a meal.

MEDQ means MEDQ under the Economic Development Act 2012.

mortgagee includes a lienee.

non-profit entity see section 11A.

non-proprietary club means an association of persons under whose constitution—

(a)the income, profits and assets of the association are to be applied only in promotion of its objects; and

(b)the payment of dividends to, or the distribution of income, profits or assets of the association among, its members is prohibited.

ordinarily set aside for dining, for a part of licensed premises, means the part of the licensed premises that is set aside as the regular or usual place for dining on the licensed premises, but does not include a part of the licensed premises set aside merely for a particular day.

original decision, for a review under part 5B, see section 142N(1).

patron, in relation to licensed premises or premises to which a permit relates, includes a person entering or seeking to enter the premises to use the areas, facilities or services on offer at the premises.

PDA-associated land, for a priority development area, see the Economic Development Act 2012, schedule 1.

permit means a permit granted under this Act.

permittee means the holder of a permit, and includes a person prescribed to be subject to this Act as if the person were a permittee.

photo ID, for a person, for part 6AA, see section 173EE.

place includes vacant land or premises.

Planning Act means the Planning Act 2016.

police commissioner means the commissioner of the police service.

police district officer, for a locality, means a police officer who is the local police representative responsible for giving and receiving advice about liquor licensing issues under this Act for the locality.

police information report, for part 5D, see section 142ZO(4).

police service means the Queensland Police Service.

post-amended Act means—

(a)for part 12, division 6, see section 268; or

(b)for part 12, division 8, see section 288.

pre-amended Act means—

(a)for part 12, division 6, see section 268; or

(b)for part 12, division 8, see section 288.

premises includes—

(a)land; and

(b)a building or structure on or in land; and

(c)a vehicle, boat, aircraft, train or other means of transport.

prescribed offence means—

(a)an offence against the Criminal Code, section 76; or

(b)an offence mentioned in the Criminal Code, part 2, chapter 9A; or

(c)an offence against the Peace and Good Behaviour Act 1982, section 32, 54 or 75; or

(d)an offence that is—

(i)a prescribed offence within the meaning of the Penalties and Sentences Act 1992, section 161N; and

(ii)committed with a serious organised crime circumstance of aggravation within the meaning of the Penalties and Sentences Act 1992, section 161Q; or

(e)an offence against the Penalties and Sentences Act 1992, section 161ZI.

prescribed provision means the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34.

prescribed quantity see section 173H(2).

priority development area means a priority development area under the Economic Development Act 2012.

private event see section 101.

producer/wholesaler licence means a commercial other licence for conducting a business with the principal activity mentioned in section 72.

prohibited item, for part 6, division 5, see section 173EA.

prohibited person, for part 6, division 5, see section 173EA.

promotional event means an event held primarily for the purpose of promoting produce from a particular region or the hospitality industry.

Examples of events held primarily for the purpose of promoting produce from a particular region—

craft market, farmers market, agricultural show, food and wine event

Examples of events held primarily for the purpose of promoting the hospitality industry—

trade fair, craft beer festival

proposed action—

(a)for part 5C—see section 142ZB(2)(a); or

(b)for part 5D, division 5—see section 142ZS(3)(a).

provisional licence means a licence issued under section 123(2).

public event see section 101.

racing offence provision means any of the following provisions—

(a)the Racing Integrity Act 2016, sections 221 and 223;

(b)the Racing Act 2002, section 321 or 323.

Editor’s note—

Sections 321 and 323 of the Racing Act 2002 were omitted by the Racing and Integrity Act 2016, section 371.

rapid intoxication drink, for part 6, division 1B, see section 155AG.

reciprocal club, in relation to a club with a community club licence, community other licence or restricted liquor permit (the relevant club), means another club whose members have privileges at the relevant club because of arrangements between the clubs.

register means the register kept under section 43.

registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.

regulated car park, for licensed premises, means a car park, or part of a car park, that is in or on the licensed premises.

regulated premises, for part 6AA, see section 173EE.

related body corporate has the same meaning as in the Corporations Act 2001 (Cwlth), section 9.

relevant action, relating to an adult entertainment permit, means—

(a)cancel the permit; or

(b)suspend the permit for a stated period; or

(c)impose conditions on, or vary conditions of, the permit.

relevant agreement, for part 5, division 3A, see section 139A(b).

relevant licence—

(a)for part 12, division 7, subdivision 1—see section 276; and

(b)for part 12, division 7, subdivision 2—see section 282.

relevant licensee, for a safe night precinct, see section 173NB(1).

relevant period, for a development approval for the use of land for licensed premises, means the first of the following periods to end—

(a)the period at the end of which the approval, or the part of the approval for the use, lapses under the Planning Act or the Economic Development Act 2012;

(b)4 years after the day the approval takes effect.

relevant public sector entity means—

(a)an entity controlled by 1, or more than 1, local government; or

(b)an entity controlled by an entity mentioned in paragraph (a).

relevant restricted area means a restricted area to which section 168B applies because of a declaration under section 173H.

remote industrial locality, for part 3A, division 4, subdivision 5, see section 71.

resident, in relation to licensed premises or premises to which a permit relates, means a resident of the premises.

restricted area means an area declared under section 173G(1) to be a restricted area.

restricted period, for part 6, division 1B, see section 155AH(1).

restriction, on the sale or supply of rapid intoxication drinks for part 6, division 1B, see section 155AI(2).

risk-assessed management plan, for premises, means a document containing information about the procedures and practices, relating to the matters prescribed by regulation, for the conduct of business at the premises.

RSL honorary member means a person who is—

(a)a member of the Returned & Services League of Australia through any branch of that league in Australia; and

(b)a member of an RSL or Services Club.

rules, of a local board, means the rules of the local board under the Associations Incorporation Act 1981.

safe night precinct see section 173NC(1).

secretary, of a club, means the principal executive officer of the club, by whatever name called, whether or not the person is a member of the club.

sell includes—

(a)barter or exchange; and

(b)offer, agree or attempt to sell; and

(c)expose, send, forward or deliver for sale; and

(d)cause or permit to be sold or offered for sale; and

(e)supply or offer, agree or attempt to supply—

(i)in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or

(ii)gratuitously, but to gain or keep custom or other commercial advantage.

show cause notice—

(a)for part 5C—see section 142ZB(1); or

(b)for part 5D, division 5—see section 142ZS(2).

show cause period—

(a)for part 5C—see section 142ZB(2)(e); or

(b)for part 5D, division 5—see section 142ZS(3)(e).

small regional show means a function that is an agricultural, horticultural, industrial or pastoral show or exhibition, held at a rural place in Queensland, if the show or exhibition meets criteria prescribed under a regulation for this definition relevant to minimising adverse effects on—

(a)the health or safety of members of the public; and

(b)the amenity of the community.

Examples of criteria that may be prescribed under a regulation—

•the maximum number of persons expected to attend the show or exhibition having regard to attendance at the show or exhibition in previous years

•the maximum period during which liquor is to be sold at the show or exhibition

•the maximum duration of the show or exhibition

staged development approval see section 123A(2).

standard drink means a drink containing not more than 12.5mL of ethyl alcohol (ethanol).

subsidiary off-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 68.

subsidiary on-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 67.

subsidiary on-premises licence (meals) means a subsidiary on-premises licence—

(a)to which section 67 applies, if the principal activity stated in the licence is the provision of prepared food to be eaten on the licensed premises; or

(b)to which section 67A applies.

system failure, for regulated premises, for part 6AA, see section 173EE.

takeaway liquor means liquor that is sold on licensed premises to be consumed off the licensed premises.

trading period, for part 5, division 6, see section 142AD.

training course certificate means—

(a)a certificate given to a person for satisfactorily completing an approved training course; or

(b)a licensee’s course certificate.

tribunal means QCAT.

tribunal Act means the QCAT Act.

unlicensed person means a person who is not the holder of—

(a)a licence under this Act; or

(b)a licence under the Wine Industry Act 1994; or

(c)an approval, however described, under a law of the Commonwealth or a State that allows the approval holder to sell liquor.

unlicensed premises means premises to which a licence or permit does not relate.

unreasonable noise, in relation to licensed premises, means noise that—

(a)exceeds the limits (if any) prescribed by regulation; or

(b)contravenes a compliance order that applies to the premises; or

(c)contravenes a condition that applies to the licence or permit for the premises.

wine has the meaning given by the Wine Industry Act 1994.

4AMeaning of function

(1)Function is an event or occasion to which persons are invited by, or for, the organiser of the event or occasion.

(2)However, function does not include an event or occasion organised—

(a)by the owner or licensee of the licensed premises where the event or occasion is held if the event or occasion is for the owner’s or licensee’s own benefit; or

(b)by someone else if the owner or licensee of the premises where the event or occasion is held is entitled to receive a benefit other than a charge for using the premises and providing catering facilities.

4BMeaning of liquor

(1)Liquor is a spirituous or fermented fluid or another substance—

(a)in which the level of ethyl alcohol (ethanol) is more than 0.5% by volume at 20ºC; and

(b)that is intended for human consumption.

Examples of spirituous or fermented fluids—

alcoholic cocktails, beers, liqueurs, pre-mixed alcoholic drinks, spirits and wines

Examples of other substances—

aerosol sprays, ice confections, jellies and powders

(2)Liquor also includes any other substance containing ethyl alcohol (ethanol) that is prescribed by regulation as liquor.

4CMeaning of associate

(1)For an adult entertainment permit, a person is an associate of an individual if the person—

(a)is a member of the individual’s family; or

(b)has entered into a business arrangement or relationship with the individual for the provision of adult entertainment; or

(c)is the owner or lessor, either alone or jointly, of premises used or proposed to be used for the provision of adult entertainment under an adult entertainment permit.

(2)A person is an associate of a corporation if the person is an executive officer of the corporation.

5Who is a responsible adult for a minor

Each of the following persons is a responsible adult for a minor—

(a)a parent, step-parent or guardian of the minor;

(b)an adult who has parental rights and responsibilities for the minor.

6Acceptable evidence of age

(1)For this Act, acceptable evidence of the age of a person is a document, issued to the person, that—

(a)is 1 of the following—

(i)a photo identification card;

(ii)a recognised proof of age card;

(iii)an Australian driver licence;

(iv)a foreign driver licence;

(v)an Australian or foreign passport; and

(b)is current; and

(c)bears a photo of the person; and

(d)indicates, by reference to the person’s date of birth or otherwise, the person has attained a particular age.

(1A)Also, for this Act, acceptable evidence of the age of a person is—

(a)a digital authority that complies with subsection (1)(c) and (d); or

(b)a digital evidence of age; or

(c)a digital evidence of identity.

(2)In this section—

Australian driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

authorised entity means—

(a)an entity of the Commonwealth or another State performing functions similar to the functions of the chief executive under the Photo Identification Card Act 2008; or

(b)an entity—

(i)approved by an entity mentioned in paragraph (a) to issue documents used as evidence of the age of persons; and

(ii)approved, in writing, by the commissioner.

foreign driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

photo identification card see the Photo Identification Card Act 2008, section 5.

recognised proof of age card means a document issued to a person, by an authorised entity, for the purpose of evidencing the age of the person.

7Presumed quantity of liquor

For the purposes of this Act—

(a)12 containers each containing at least 700mL of liquor, or 24 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 9L of liquor; and

(b)6 containers each containing at least 700mL of liquor, or 12 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 4.5L of liquor.

8Venue of sale of liquor

For the purposes of this Act, a sale of liquor happens on premises in which is situated the store of liquor from which liquor is appropriated to the contract of sale.

9Ordinary trading hours

(1)The authority conferred by a licence to sell liquor on licensed premises during ordinary trading hours—

(a)extends only to selling liquor during hours that are, under this section, the ordinary trading hours of the premises; and

(b)if a provision of this section specifies conditions for selling liquor at specified times on specified licensed premises—extends only to selling liquor on the premises, at those times, in accordance with those conditions.

(1A)Subject to subsections (2) and (3), on any day other than Good Friday or Christmas Day, the ordinary trading hours of licensed premises are between 10a.m. and 12 midnight, unless the premises are any of the following—

(a)premises to which a producer/wholesaler licence relates;

(b)premises to which an industrial canteen licence relates;

(c)premises to which a commercial special facility licence for an airport or a casino relates;

(d)premises to which a commercial hotel licence, community club licence or commercial special facility licence relates, for the sale of takeaway liquor.

(1B)Subject to subsections (2) to (3A), on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which a commercial special facility licence for an airport or a casino relates are between 5a.m. and 12 midnight.

(1C)Subject to subsections (2) to (3A), on any day other than Good Friday or Christmas Day, ordinary trading hours of premises to which a commercial hotel licence, community club licence or commercial special facility licence relates, for the sale of takeaway liquor, are between 10a.m. and 10p.m.

(2)If an order of the commissioner that is directed to reducing the trading hours of specified licensed premises specifies days on which, or times at which, liquor may be sold on the premises, the ordinary trading hours of those licensed premises are the trading hours specified in the order.

(3)On Anzac Day, ordinary trading hours—

(a)of all licensed premises—do not include any period before 1p.m. on Anzac Day except—

(i)for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or

(ii)as specified in paragraph (b) and subsection (3A);

(b)of licensed premises on the premises of an RSL or Services Club—subject to subsection (2), include the period from 5a.m. until 1p.m. on Anzac Day.

(3A)Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Anzac Day, the ordinary trading hours on Anzac Day are the hours specified in the condition.

(4)Subject to subsections (2), (3) and (7), the ordinary trading hours of licensed premises to which a producer/wholesaler licence relates are the trading hours of the premises under the Trading (Allowable Hours) Act 1990.

(5)Subject to subsections (2) and (6), on Good Friday and Christmas Day ordinary trading hours of all licensed premises, other than premises to which a producer/wholesaler licence relates or premises to which subsection (5A) applies, are—

(a)for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises—between 10a.m. and 12 midnight; or

(b)for other sale of liquor—nil.

(5A)Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Good Friday or Christmas Day, the ordinary trading hours on that day are the hours specified in the condition.

(6)Subject to subsection (2), if a sporting event is held at a major sports facility on Good Friday, the ordinary trading hours of licensed premises at the major sports facility on Good Friday are between 12 noon and 12 midnight.

(7)If the licensee of licensed premises to which a producer/wholesaler licence relates is a producer of liquor, then, on any day on which the premises may, under subsection (4), be lawfully open for trading, and subject to subsections (2) and (3), ordinary trading hours of the premises are—

(a)for sale of liquor, produced or made on the premises, to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; or

(b)for sale of liquor produced or made on the premises to a visitor to the premises as a souvenir of the visit;

such period between 10a.m. and 12 midnight as the commissioner approves in a particular case.

(12)In respect of licensed premises to which a commercial hotel licence, community club licence or commercial special facility licence relates, the commissioner may approve, as ordinary trading hours, different hours for different parts of the licensed premises.

(13)The ordinary trading hours of licensed premises for New Year’s Eve day are the ordinary trading hours for the premises for the day and, if the ordinary trading hours would end before 2a.m. on New Year’s Day, the ordinary trading hours are extended until 2a.m.

(14)In this section—

major sports facility see the Major Sports Facilities Act 2001, schedule 2.

9AWhen a person may be taken to be unduly intoxicated

For this Act, a person may be taken to be unduly intoxicated if—

(a)the person’s speech, balance, coordination or behaviour is noticeably affected; and

(b)there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.

10When supply of liquor is in association with eating a meal

For the purpose of this Act, a sale or supply of liquor may be taken as being in association with the consumer eating a meal if the liquor is supplied on premises—

(a)to a consumer who has indicated a genuine intention of eating a meal on the premises, within 1 hour before the consumer orders the meal; or

(b)after the consumer orders the meal and before he or she finishes eating it; or

(c)within 1 hour after the consumer has finished eating the meal;

and at no other times.

10AWhen meal is taken not to have been prepared and served to be eaten on premises

(1)For this Act, a meal is taken not to have been prepared and served to be eaten on premises if the preparation does not involve adding value to the food comprising the meal.

(2)Without limiting subsection (1), a person does not add value to food comprising a meal by merely heating a product the person purchased.

Example for subsection (2)—

A person does not add value to food if the person heats a prepackaged pie or other item and serves it.

(3)However, the preparation of a meal is taken to involve adding value to the food comprising the meal if the meal forms part of a menu and the majority of menu items offered and available are meals the preparation of which otherwise involves adding value to the food comprising the meals.

11Public place

(1)For the purposes of this Act, a public place includes—

(a)any premises to which the public has access as of right, or with the express or tacit consent, or permission, of the owner or occupier of the premises at the time material to the application of this Act in respect of the premises; and

(b)any doorway, entrance or vestibule that gives access to premises from a public place under paragraph (a).

(2)Premises may be a public place under subsection (1) even if, at the material time—

(a)access to the premises depends on payment of a price for admittance or fulfilment of some other condition; or

(b)no person is on, or seeking access to or from, the premises.

11AMeaning of non-profit entity

(1)A non-profit entity is—

(a)a non-proprietary club; or

(b)another entity approved by the commissioner.

(2)The commissioner may approve an entity under subsection (1)(b) in relation to the sale of liquor only if the commissioner is satisfied all the net proceeds from the sale will be used for the benefit of the community.

12Exemption for taking, removing or carrying liquor in particular circumstances

A provision of this Act that prohibits—

(a)taking liquor into premises to which a licence or permit relates; or

(b)removing liquor from premises to which a licence or permit relates; or

(c)carrying liquor for sale;

whether absolutely or at a particular time, does not apply to a carrier, delivery person or other person engaged in delivering liquor to, or collecting liquor from, any such premises or carrying liquor in the ordinary course of lawful business.

13Exemption for the sale of liquor at fundraising event

(1)This Act does not apply to a sale of liquor by an eligible entity at a fundraising event if—

(a)all the net proceeds from the sale of liquor will be used for the benefit of the community; and

(b)the sale of liquor is ancillary to the fundraising event; and

(c)the liquor is sold between 7a.m. and midnight; and

(d)for a fundraising event other than a small regional show—the liquor is sold during a period not exceeding a total of 8 hours; and

(e)the liquor is sold in open containers for consumption at the event; and

(f)the liquor is sold by an adult; and

(g)the eligible entity ensures the sale of liquor does not create an unsafe environment at the event.

Example of when the sale of liquor creates an unsafe environment at the event—

the entity allows a person to whom the liquor is sold to remain at the event when the person is clearly unduly intoxicated, behaving in a disorderly way, causing a disturbance to other persons or demonstrating violent behaviour

(2)However, this Act does apply to the sale of liquor at a fundraising event if—

(a)the liquor is sold at the event in a manner that encourages the irresponsible consumption of liquor; or

(b)the liquor is sold at the event to a person who—

(i)is a minor; or

(ii)is unduly intoxicated or disorderly; or

(c)the liquor is sold on Christmas Day or Good Friday or before 1p.m. on Anzac Day; or

(d)the event is held—

(i)in a relevant restricted area; or

(ii)at licensed premises or premises to which a permit relates.

(3)For subsection (1), an entity is an eligible entity for the sale of liquor at a fundraising event if—

(a)it is a non-profit entity for the event; and

(b)neither the entity nor an executive officer of the entity has, within 6 months immediately before the event, been given a non-compliance notice under section 14C(3) stating that the sale of liquor must cease immediately; and

(c)neither the entity nor an executive officer of the entity has, within the 5 years immediately before the event, been convicted of an offence under any of the following—

(i)section 155A;

(ii)section 156;

(iii)section 156A;

(iv)section 169; and

(d)for an entity or an executive officer of the entity that is a licensee or permittee, neither the entity nor the executive officer has, within the 5 years immediately before the event—

(i)been given a written notice for an urgent suspension of the entity’s or executive officer’s licence under section 137C; or

(ii)been convicted of an offence under section 142ZZ or 142ZZB; or

(iii)breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality.

(4)However, an entity is not an eligible entity if, when the fundraising event is held, the entity or an executive officer of the entity is disqualified from holding a licence under part 5, division 3, subdivision 3.

(5)In this section—

executive officer, of an entity, means—

(a)if the entity has a management committee—each member of the committee; or

(b)otherwise—each member of the entity who is concerned with, or takes part in, the management of the entity.

14Exemption for the sale of liquor as part of fundraising raffle

This Act does not apply to a sale of liquor forming part of a prize for a raffle if—

(a)the raffle is conducted by a non-profit entity; and

(b)all the net proceeds of the sale of raffle tickets for the prize will be used only—

(i)for a non-proprietary club—to promote the objects of the non-profit entity; or

(ii)for another entity—for the benefit of the community; and

(c)the total value of the liquor forming part of the prize is not more than $1,000; and

(d)raffle tickets for the prize are sold to an adult person, other than a person who is unduly intoxicated; and

(e)the liquor forming part of the prize is given to an adult person, other than a person who is unduly intoxicated; and

(f)the raffle is conducted in an area other than a relevant restricted area.

14AExemption for hospitals and nursing homes

(1)This Act does not apply to a sale of liquor—

(a)in a nursing home, other than a nursing home in a relevant restricted area, to an adult resident of the nursing home, or an adult guest of a resident of the nursing home, if the quantity of liquor sold to the resident or guest is not more than 2 standard drinks in a day; or

(b)in a hospital, other than a hospital in a relevant restricted area, to an adult inpatient of the hospital, if the quantity of liquor sold to the inpatient is not more than 2 standard drinks in a day.

(2)In this section—

hospital means—

(a)a hospital operated by the State; or

(b)a private hospital under the Private Health Facilities Act 1999.

nursing home means a facility in which residential care is provided in relation to an allocated place under the Aged Care Act 1997 (Cwlth).

14ABExemption for particular liquors

(1)This Act does not apply to liquor if it is to be used only as—

(a)a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible; or

(b)a food additive or an ingredient for food preparation; or

Examples of food additives or ingredient for food preparation—

Chinese cooking wine and soy sauce

(c)a personal hygiene product that is not swallowed; or

Examples of personal hygiene products—

perfumes, mouthwashes and topical disinfectants

(d)a medicine or for medicinal or chemical purposes.

Example of a substance used as a medicine or for medicinal or chemical purposes—

cough syrup

(2)However, this Act does apply to a substance that is liquor mentioned in subsection (1) if—

(a)the substance is being used as a beverage or for manufacturing a beverage; or

(b)all of the following apply—

(i)a regulation prescribes the substance for this paragraph;

(ii)the substance is sold otherwise than by wholesale;

(iii)if the regulation prescribes a maximum amount of the substance that may be contained in a container in which the substance is sold—the substance is sold in a container containing more than the amount prescribed.

14BOther exemptions for the sale of liquor

(1)This Act does not apply to the following—

(a)a sale of liquor to an adult in Parliament House by permission and under control of the Parliament;

(b)a sale of liquor in the lawful operation of an Australian Defence Force canteen;

(c)a sale to an adult at an auction, other than an auction in a relevant restricted area, conducted by a licensed auctioneer—

(i)of liquor for a person who is authorised by this Act to sell the liquor; or

(ii)by order of a trustee under the Bankruptcy Act 1966 (Cwlth), of liquor held by the trustee as trustee under that Act; or

(iii)by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased’s estate; or

(iv)by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee;

(d)a sale, during actual flight of an aircraft, of liquor to an adult passenger on the aircraft made for the aircraft’s operator and for consumption during the flight, or carrying or exposing liquor for the sale;

(e)a sale of liquor by a provider of bed and breakfast accommodation or host farm accommodation, other than accommodation in a relevant restricted area, to an adult guest of the provider for consumption on the premises at which the accommodation is provided;

(f)a sale of liquor to an adult by the proprietor of a duty free shop, other than a duty free shop in a relevant restricted area, described in a warehouse licence under the Customs Act if—

(i)the sale takes place at the duty free shop; and

(ii)the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and

(iii)the liquor is to be delivered to the adult under the permission;

(g)a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person) other than the purchaser of the floral arrangement or gift basket, if—

(i)the sale is part of a florist’s business or the business of a person selling gift baskets; and

(ii)the relevant person is an adult; and

(iii)the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and

(iv)the gift is to be delivered to a place other than a place within a relevant restricted area; and

(v)the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and

(vi)the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price or a lesser amount prescribed under a regulation; and

(vii)the liquor had been purchased on a retail basis;

(h)a sale of liquor in a retirement village, other than a retirement village in a relevant restricted area, to an adult who is a resident of the retirement village or an adult guest of a resident if the quantity of liquor sold to the person is not more than 2 standard drinks in a day;

(i)a sale of liquor by a hairdresser or a barber to an adult client if—

(i)the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and

(ii)the premises are not in a relevant restricted area; and

(iii)the liquor is consumed on the premises; and

(iv)the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and

(v)the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day;

(j)a sale of liquor by a limousine licensee to an adult passenger of a limousine if—

(i)the sale takes place during the journey for which the limousine was hired; and

(ii)the liquor is not sold or consumed inside a relevant restricted area; and

(iii)the liquor is consumed inside the limousine; and

(iv)the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and

(v)the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m;

(k)a sale of liquor by a tour operator to an adult participant of a tour if—

(i)the sale happens during a tour booked with the operator; and

(ii)the liquor is not sold or consumed inside a relevant restricted area; and

(iii)the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and

(iv)the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m.

(2)In this section—

aircraft means an aircraft that is not licensed premises.

bed and breakfast accommodation means accommodation that—

(a)includes the provision of accommodation and breakfast for guests; and

(b)is conducted on premises (other than a caravan, caretaker’s or manager’s residence, flat, home unit, hostel, hotel, lodging house, motel or relocatable home) by a person who lives on the premises; and

(c)caters for a maximum of 8 adult guests at the same time; and

(d)may be provided for a guest for a maximum continuous period of 14 days.

Customs Act means the Customs Act 1901 (Cwlth).

duty free shop means—

(a)an outwards duty free shop under section 96A of the Customs Act; or

(b)an inwards duty free shop under section 96B of the Customs Act.

host farm accommodation means accommodation that—

(a)includes the provision of accommodation and meals, or food for preparing meals, for guests; and

(b)is conducted on a farm involved in primary production by a person who manages, and lives on, the farm; and

(c)caters for a maximum of 6 guests at the same time; and

(d)may be provided for a guest for a maximum continuous period of 30 days.

limousine see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

limousine licensee means the holder of a limousine licence under the Transport Operations (Passenger Transport) Act 1994.

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.

resident, of a retirement village, see the Retirement Villages Act 1999, section 9.

retirement village see the Retirement Villages Act 1999, section 5.

14CNotice of non-compliance for fundraising event

(1)This section applies in relation to a fundraising event held by an entity purporting to rely on section 13 if, at any time during the event, an investigator or police officer considers the entity does not qualify for the exemption under that section.

(2)The investigator or police officer may give a notice (a non-compliance notice) to any of the following—

(a)the entity;

(b)the person who appears to be in charge of the sale of liquor at the event;

(c)a person selling liquor at the event.

(3)The notice must state—

(a)that the investigator or police officer believes the sale of liquor at the event is not exempt from this Act under section 13; and

(b)the reason for the investigator’s or police officer’s belief; and

(c)that a failure to qualify for the exemption under section 13 means the entity may be prosecuted for breaching 1 or more provisions of this Act; and

(d)either—

(i)the action the investigator or police officer considers must be taken to qualify for the exemption under section 13; or

(ii)that the sale of liquor must cease immediately.

21Jurisdiction and powers of tribunal

(1)The tribunal may review the decisions of the commissioner in relation to—

(a)the grant or refusal of a licence or permit or the renewal of an extended hours permit; or

(b)a review decision under section 142P; or

(c)the refusal to grant an approval for a controller under section 142ZK; or

(d)the specification of conditions in a licence or permit; or

(e)an extended trading hours approval including the grant, refusal to grant or cancellation of the approval or any variation of the conditions of the approval; or

(f)the giving of a compliance notice under section 142ZZD; or

(g)a request under section 142ZZD(8) to amend or revoke a compliance notice; or

(h)the extension of a period of time under section 155AD(7)(b); or

(i)the payment of a fee by instalments under section 209; or

(j)the taking of disciplinary action relating to a licence, the suspension (including urgent suspension) or cancellation of a licence or permit or the imposition or variation of the conditions of a permit; or

(k)the surrender of a licence or permit; or

(l)the suspension, continued suspension or cancellation of an approval for a controller under section 142ZV; or

(m)the grant or refusal of an authorisation under this Act; or

(n)an order directed to a licensee or permittee or a person holding an authorisation under this Act; or

(o)the refusal to grant an application to change an approved risk-assessed management plan; or

(p)a direction to change an approved risk-assessed management plan under section 52A; or

(q)the refusal to grant an application for an approval as an approved manager; or

(r)the refusal to renew an approval as an approved manager; or

(s)the suspension or cancellation of an approval as an approved manager; or

(t)a refusal to give an approval mentioned in section 153(1) or (3); or

(u)a withdrawal of an approval under section 139D; or

(v)a fee payable in respect of a licence; or

(w)allotment or apportionment of liability for payment, or entitlement to refund, of a fee in respect of a licence or permit; or

(x)a decision for which an information notice must be given under part 6AA; or

(y)a decision to refuse, vary or revoke an exemption from the restriction on the sale of rapid intoxication drinks under section 155AK or 155AP.

(2)In exercise of its jurisdiction, the tribunal—

(a)has—

(i)the powers and discretions of the commissioner in respect of the matter under review; and

(ii)the powers otherwise conferred on it by this Act; and

(b)has the duties imposed by this Act on the commissioner in respect of the matter under review; and

(c)is subject to the limitations imposed by this Act on the commissioner in respect of the matter under review.

29ADefinitions

In this division—

submission does not include a submission made under section 118A.

tribunal registrar means the principal registrar under the tribunal Act.

30Who may apply for review of decisions

(1)A person may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commissioner if—

(a)the person—

(i)made an application, submission or objection in the proceeding in which the decision was made; or

(ii)if the decision is to take disciplinary action relating to, or the urgent suspension of, a licence, to cancel or suspend a permit or to impose or vary the conditions of a permit—is the licensee or permittee; and

(b)the person is aggrieved by the decision.

(2)However, if, under section 111(2), the commissioner decides to vary conditions of a licence or permit relating to a restricted area, a person who made a submission or objection in the proceeding for the variation is not entitled to apply to the tribunal for a review of the commissioner’s decision.

(3)In this section—

objection includes an objection made by the Minister under section 119A.

31Failure to notify about decision

(1)This section applies if the commissioner fails to notify an applicant of the grant or refusal of an application within 30 days after the end of the time within which all steps required or permitted by this Act to be taken relating to the application must be taken.

(2)For the purposes of a review by the tribunal, the commissioner is taken to have given to the applicant notice of a decision to refuse the application at the end of the period of 30 days.

32Notification of review to interested persons

(1)As soon as practicable after receiving notice of an application for a review under section 30, the commissioner must give to the principal registrar written notice of the names and addresses (as last known to the commissioner) of all persons who made an application, submission or objection in the proceeding relevant to the review.

(2)The principal registrar must give to each person whose name and address have been notified to the principal registrar under subsection (1), other than the person who applied for the review, written notice that a review has been started.

(3)At least 3 days before a hearing of a review is to start, the principal registrar must give written notice of the time and place of the hearing to the following persons—

(a)the person who applied for the review;

(b)the commissioner;

(c)as far as is practicable—each person whose name and address have been given to the principal registrar under section 32(1).

(4)In this section—

objection includes an objection made by the Minister under section 119A.

33Tribunal to decide review on evidence before the commissioner

(1)In a proceeding for a review of a decision of the commissioner by the tribunal, the tribunal must—

(a)hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made; and

(b)decide the review of the decision in accordance with the same law that applied to the making of the original decision.

(2)If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—

(a)heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and

(b)decided in accordance with the same law that applied to the making of the original decision.

(3)In this section—

original decision means the decision of the commissioner to which the proceeding for the review relates.

34Tribunal may give leave for review to be decided on new evidence in particular circumstances

(1)Despite section 33, the tribunal may grant a party to a proceeding for a review of a decision of the commissioner (the decision) leave to present new evidence if the tribunal is satisfied—

(a)the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and

(b)in the circumstances, it would be unfair not to allow the party to present the new evidence.

(2)If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the commissioner to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.

(3)In this section—

new evidence means evidence that was not before the commissioner when the decision was made.

35Appeals from tribunal only to Court of Appeal on a question of law

(1)This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision of the commissioner.

(2)The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision.

(3)A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.

(4)To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision.

Note—

See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.

42Power of delegation

(1)The commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified public service employee, police officer or person employed by a local government other than a council.

(2)However, a delegation under subsection (1) for the issue of a permit relating to a restricted area may only be given to an appropriately qualified officer of the department.

(3)A person to whom a power has been delegated under subsection (1) may delegate the power to an appropriately qualified public service employee, police officer or person employed by a local government other than a council.

(4)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

for a public service employee, the employee’s position in a department

42ACommissioner may make guidelines

(1)The commissioner may make guidelines to inform persons about—

(a)the attitude the commissioner is likely to adopt on a particular matter; or

(b)how the commissioner administers this Act; or

(c)matters that may help persons comply with their responsibilities, or lawfully and appropriately exercise powers, under this Act.

Examples—

1The commissioner might make a guideline stating the matters that must be dealt with in a risk-assessed management plan.

2The commissioner might make a guideline stating the matters that must be dealt with in a community impact statement required under section 116.

3The commissioner might make a guideline to help licensees and others determine if a person is unduly intoxicated.

4The commissioner may make guidelines under sections 142ZZ, 142ZZA or 142ZZD.

(2)A guideline may be replaced or amended by a later guideline made under this section.

(3)The commissioner must keep copies of the guidelines available for inspection, free of charge, by members of the public at—

(a)the department’s head office and regional offices; and

(b)other places the commissioner considers appropriate.

(4)Also, the commissioner must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge.

43Register of licences, permits and applications to be kept

(1)The commissioner must keep a register of licences, permits and applications, in a form or forms the commissioner considers appropriate.

(2)The register is to contain the following—

(a)particulars of licences and permits;

(b)particulars of licensees, permittees and interested persons;

(c)addresses of licensed premises or places to which permits relate;

(d)trading hours that apply to licences or permits;

(e)particulars of applications required under section 118(1) to be advertised that have not been decided.

(3)However, the commissioner must ensure the register does not include any of the following—

(a)sensitive information about a person;

(b)information the commissioner reasonably considers is commercially sensitive;

(c)particulars given to the commissioner under section 45.

(4)For subsection (3)(b), a person may ask the commissioner to consider a written submission by the person about whether information is commercially sensitive.

(5)In this section—

sensitive information about a person means information about—

(a)the person’s reputation; or

(b)the person’s history of behaviour or attitude in relation to the management and discharge of the person’s financial obligations.

44Register open to inspection

The register must be available in the department at Brisbane for inspection—

(a)by an investigator or a police officer while performing duty for the purposes of this Act, free of charge; and

(b)by any other person, on payment of the fee prescribed.

44AOwner, lessee, mortgagee and secured creditors to give particulars to commissioner

(1)This section applies to—

(a)an owner, lessee and mortgagee of licensed premises; and

(b)a secured creditor of the licensee whose interest is likely to be affected by cancellation of the licence for the premises.

(2)The persons mentioned in subsection (1) must give the commissioner particulars sufficient to identify their interest in the licence within 28 days of—

(a)acquiring the interest; or

(b)if the person holds the interest at the time the licence is granted—the granting of the licence.

(3)A person who has given particulars under subsection (2) of the person’s interest in a licence must give the commissioner notice that the person no longer holds the interest within 28 days of ceasing to hold the interest.

Maximum penalty for subsection (3)—1 penalty unit.

45Court officials to furnish particulars

The court official who has custody of records of convictions recorded, and penalties ordered, by a court must give to the commissioner particulars of—

(a)all convictions by the court of licensees, permittees and approved managers; and

(b)all penalties ordered by the court on the convictions.

46Compliance orders for licensed premises etc.

(1)The commissioner may issue an order to a licensee, permittee, owner or other person shown in the register as a person who has an interest in licensed premises, or premises to which a restricted liquor permit relates, about—

(a)altering the premises to make the premises suitable for the conduct of business under authority of the licence or permit; or

(b)increasing or decreasing the area of the premises; or

(c)stopping or preventing unreasonable noise coming from the premises; or

(d)complying with laws about fire safety for the premises and hygienic practices in the conduct of business under authority of the licence or permit; or

(e)complying with requirements under section 173EHAA for a re-entry pass system for the premises, including for re-entry passes for the re-entry pass system; or

(f)complying with this Act.

(2)The order must state—

(a)the action that is required to be taken; and

(b)the grounds for requiring the action to be taken; and

(c)an outline of the facts and circumstances that form the basis for the grounds; and

(d)for each action that is required to be taken—the time, of up to 6 months, within which the person to whom the order is issued must take the action; and

(e)the time, of up to 6 months, that the order has effect for; and

(f)that, if the person to whom the order is issued fails to comply with the order, the commissioner may start proceedings in the Magistrates Court in relation to the failure, without further notice to the person.

(3)The commissioner may, by written notice, extend a time under subsection (2)(d) or (e) for 1 or more periods of up to 6 months to enable the person to whom the order is issued to comply with the order.

(4)The person to whom the order is issued must comply with the order.

Maximum penalty—100 penalty units.

(5)The issuing of an order under this section does not stop any other action being taken under this Act in relation to the matter that is the subject of the order, including, for example—

(a)an abatement notice being issued; or

(b)the licence or permit for the premises being varied; or

(c)disciplinary action being taken in relation to the licence; or

(d)proceedings being started for an offence against this Act.

(6)No compensation is payable by the State to any person because of an order made under this section, despite any other Act or law.

(7)In this section—

premises includes an area containing plant or equipment that is not part of the premises, but is used for the benefit of the premises.

46ACompliance orders for unreasonable noise

(1)The commissioner may issue a compliance order, in accordance with section 46, in relation to unreasonable noise coming from premises if an abatement notice has been issued in the last 1 year in relation to the premises.

(2)The commissioner must consider at least the following before making the order—

(a)the order of occupancy between—

(i)the licensee or permittee; and

(ii)any person who has complained about the noise to the commissioner;

(b)any changes, including structural changes, made over time to—

(i)the premises; or

(ii)the premises occupied by any person who has complained about the noise to the commissioner;

(c)any changes made over time in the activities conducted on the premises;

(d)for each abatement notice issued for the premises—

(i)the reason for issuing the notice; and

(ii)whether the notice was complied with.

(3)The commissioner, as part of the action required to be taken under the order, may require the person to stop all specified noise coming from the premises until the person demonstrates to the commissioner that the noise can be permanently limited to reasonable noise.

Example of specified noise—

•noise of a specified kind or level

•noise at a certain time of the day

•noise from a specified location

(4)Also, the order may require the person to give the commissioner an acoustic report that complies with the commissioner’s guideline (if any) about acoustic reports.

(5)After considering the acoustic report, the commissioner may amend the order to require the person to take action to improve the acoustics of the premises in order to stop unreasonable noise coming from the premises.

(6)Also, the commissioner may amend the order if—

(a)the commissioner is satisfied the person has taken, or is in the process of taking, the action required under the order to stop unreasonable noise coming from the premises; or

(b)the licence or permit for the premises is varied in a way that the commissioner considers is reasonably likely to stop unreasonable noise coming from the premises.

(7)In this section—

acoustic report means a current report from a qualified acoustic engineer that identifies—

(a)how much noise can come from the premises before the noise is unreasonable; and

(b)ways to improve the acoustics of the premises to stop unreasonable noise coming from the premises.

47Assistance to public authorities

The commissioner may disclose to—

(a)any authority charged with administering a law of another State or a Territory relating to licensing for the sale or supply of liquor; or

(b)any authority that seeks the information for the purpose of performing functions of a public nature imposed on the authority by law;

information gathered in the course of administering this Act with respect to—

(c)the administration of this Act; or

(d)the affairs of any person affected by the administration of this Act.

47APublication of information on internet etc.

The commissioner may publish information in the register kept under section 43 in a way the commissioner considers appropriate, including, for example, by the internet or other telecommunication.

47BExchange of information

(1)The commissioner may enter into an arrangement (an information-sharing arrangement) with the police commissioner for the purpose of sharing or exchanging information—

(a)held by the commissioner or the police commissioner; or

(b)to which the commissioner or the police commissioner has access.

(2)An information-sharing arrangement may relate only to information that assists—

(a)the commissioner perform the commissioner’s functions under this Act; or

(b)the police commissioner perform the police commissioner’s functions.

(3)Under an information-sharing arrangement, the commissioner and the police commissioner are, despite another Act or law, authorised to—

(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b)disclose information to the other party.

(4)The commissioner may use criminal intelligence given to the commissioner under an information-sharing arrangement only for monitoring compliance with this Act.

(5)In this section—

information does not include information given to the police commissioner or commissioner, or to which the police commissioner or commissioner has access, under the Crime and Corruption Act 2001.

47CPolice commissioner to notify of charges

(1)This section applies if—

(a)the commissioner gives the police commissioner the name of a relevant person; and

(b)the police commissioner reasonably suspects a person who is charged with an offence is the relevant person.

(2)The police commissioner must give the commissioner a written notice about the charge.

(3)The notice must state the following—

(a)the name and address of the person charged;

(b)the person’s date of birth;

(c)particulars of the offence the person is charged with;

(d)the date of the charge.

(4)The commissioner may confirm the suspicion of the police commissioner mentioned in subsection (1)(b).

(5)In this section—

associate, of a holder of an adult entertainment permit, means an individual who—

(a)is a member of the holder’s family; or

(b)has entered into a business arrangement or relationship with the holder for the provision of adult entertainment; or

(c)is the owner or lessor, either alone or jointly, of premises used or proposed to be used for the provision of adult entertainment under the adult entertainment permit; or

(d)if the holder of the adult entertainment permit is an executive officer of a corporation—is another executive officer of the corporation.

relevant person means—

(a)an approved manager; or

(b)an adult entertainment controller; or

(c)an individual who—

(i)is a licensee, permittee or approved operator; or

(ii)holds a licence or permit on behalf of an unincorporated association; or

(iii)holds an approval mentioned in section 153(1) or (3); or

(iv)for a licence or permit held on behalf of a partnership—is a partner in the partnership; or

(d)an executive officer of a corporation or unincorporated association that—

(i)is a licensee, permittee or approved operator; or

(ii)holds an approval mentioned in section 153(1) or (3); or

(e)an associate of a holder of an adult entertainment permit.

48Preservation of confidentiality

(1)Subject to subsection (2), a person who is engaged, or has been engaged, in giving effect to this Act must not make a record of, or directly or indirectly disclose, information about the affairs of another person gathered in the course of administration of this Act.

Maximum penalty—35 penalty units.

(2)Subsection (1) does not apply to—

(a)disclosing information in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(b)disclosing information in the register; or

(c)disclosing information about the status of an application required to be advertised under section 118(1); or

(d)disclosing information about the status of an application to the tribunal for a review and the names of the parties to the review; or

(e)doing anything for the purposes of this Act.

49Protection from liability

(1)A person engaged in giving effect to this Act does not incur civil liability for an act done or omitted to be done honestly and without negligence under, or for the purposes of, this Act.

(2)A liability that would, but for this section, attach to a person attaches instead to the State.

50Application of pt 3A

(1)This part applies in relation to a proposed risk-assessed management plan or revised risk-assessed management plan that must, under section 105A—

(a)accompany an application mentioned in section 105A(1); or

(b)be given to the commissioner in relation to an application mentioned in section 105A(3).

(2)This part applies in relation to the permittee for a restricted liquor permit in the same way it applies to a licensee and, for that purpose—

(a)a reference in this part to a licence includes a restricted liquor permit; and

(b)a reference in this part to licensed premises includes premises to which a restricted liquor permit relates.

51Approval of plan or revised plan

If the commissioner grants the application—

(a)the commissioner is taken to have approved the risk-assessed management plan or revised risk-assessed management plan; and

(b)the commissioner must endorse the plan or revised plan with the commissioner’s written approval and give the endorsed plan to the licensee who made the application.

52Changing plan on application by licensee

(1)A licensee may apply to the commissioner to change the licensee’s approved risk-assessed management plan for the licensed premises.

(2)In deciding whether to grant the application, the commissioner must have regard to the requirements for a risk-assessed management plan.

Note—

See section 4, definition risk-assessed management plan.

(3)If the commissioner decides to grant the application, the commissioner must as soon as practicable give the licensee written notice of the decision.

(4)The change takes effect on the day stated for the change in the notice and does not depend on—

(a)the plan being amended to incorporate the change; or

(b)the licence being amended to identify the amended plan.

(5)If the commissioner decides not to grant the application, the commissioner must as soon as practicable give the licensee written notice of the decision and the reasons for it.

(6)If the commissioner fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the commissioner not to grant the application.

52ACommissioner may direct licensee to change plan

(1)The commissioner may, by written notice given to a licensee, direct the licensee to change the licensee’s approved risk-assessed management plan for the licensed premises.

(2)The commissioner may decide to give the direction for a purpose for which a condition may be imposed on the licence under section 107C(1).

(3)The notice given to the licensee must state—

(a)particulars of the required change; and

(b)the reasons for the required change; and

(c)that the licensee must, within a stated reasonable time, give the commissioner a copy of the licensee’s plan amended to incorporate the required change.

(4)The licensee must comply with the notice.

Maximum penalty—25 penalty units.

(5)After receiving a copy of the licensee’s amended plan, the commissioner must give to the licensee—

(a)a notice approving the amended plan; or

(b)if the commissioner considers the amended plan does not appropriately incorporate the required change—a further notice under subsection (1).

(6)The amended plan takes effect on the day that the commissioner gives the licensee a notice approving it and does not depend on the licence being amended to identify the amended plan.

(7)The commissioner may give a direction under this section to each licensee, or each licensee of a particular class, for licensed premises in a safe night precinct, restricted area or other area.

53Recording change of plan

(1)This section applies if a licensee receives a notice under section 52(3) or 52A(5)(a) about a change to the licensee’s approved risk-assessed management plan for the licensed premises.

(2)Within 14 days after receiving the notice, the licensee must return the following documents to the commissioner—

(a)the plan, incorporating the change;

(b)the licensee’s licence in which the plan is identified.

Maximum penalty—25 penalty units.

(3)On receiving the plan, incorporating the change, the commissioner must immediately endorse the plan with the commissioner’s written approval and give the endorsed plan to the licensee.

(4)On receiving the licence, the commissioner must immediately amend the licence to identify the amended plan and give the amended licence to the licensee.

54Conditions about approved plan

It is a condition of a licence that the licensee—

(a)keep the licensee’s approved risk-assessed management plan for the licensed premises available for inspection at the licensed premises by an investigator and patrons of the premises; and

(b)display signage at the premises in a way that is likely to make patrons aware that—

(i)the licensee has an approved risk-assessed management plan for the premises; and

(ii)the plan is available for inspection by patrons; and

(c)ensure all staff of the premises, and crowd controllers engaged in maintaining order in and around the premises, are aware of the plan and perform their duties at the premises in compliance with the plan.

58Available licences

(1)The following licences may be granted and held under this Act—

(a)commercial hotel licence;

(b)commercial special facility licence;

(c)commercial other licence;

(d)community club licence;

(e)community other licence;

(f)nightclub licence.

(2)Only 1 licence may be granted or held for premises, or part of premises, but a licence may be granted or held for the premises or part even though there is a licence under the Wine Industry Act 1994 for the premises or part.

(3)However, if a licence is granted or held for premises, or part of premises, under this Act and the Wine Industry Act 1994—

(a)the licensee under both Acts must be the same person; and

(b)liquor may be sold under the licence under this Act only for the trading hours authorised under the licence.

58ALicences subject to conditions imposed under regulation

(1)A licence granted and held under this Act is subject to the conditions prescribed under a regulation.

(2)To remove any doubt, it is declared that any condition that may be imposed on a licence by the commissioner may be prescribed under a regulation.

(3)If a condition is prescribed under a regulation for all licences, or all licences in a particular area, the condition applies to all the licences or all the licences in the area, whether issued before or after the commencement of the regulation.

(4)If a condition is prescribed under a regulation for a particular class of licence, or a particular class of licence in a particular area, the condition applies to all the licences of that class or all the licences of that class in the area, whether issued before or after the commencement of the regulation.

(5)Subsections (3) and (4) apply subject to a contrary intention stated in the regulation.

(6)However, if the commissioner imposes a condition on a licence under section 107C or varies a licence under section 111 by amending or revoking a condition of the licence, the condition or variation prevails over any condition prescribed by regulation to the extent of any inconsistency.

59Principal activity of a business conducted under a commercial hotel licence

(1)The principal activity of a business conducted under a commercial hotel licence is the sale of liquor for consumption on the licensed premises, or on and off the premises, together with—

(a)the provision of meals and accommodation, as required under the licence; and

(b)the provision of premises and catering facilities for use by persons genuinely attending a function held on the premises.

(2)The authority under a commercial hotel licence to sell liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

(3)To remove doubt, it is declared that it is inconsistent with the principal activity of a business conducted under a commercial hotel licence to only sell liquor for consumption off the premises.

60Authority of commercial hotel licence

(1)A commercial hotel licence authorises the licensee—

(a)to sell liquor on the licensed premises, for consumption on or off the premises, during ordinary trading hours or approved extended trading hours; and

(b)to sell liquor on the licensed premises, for consumption on or off the premises, at any time to a resident on the premises; and

(c)to sell liquor on the licensed premises, for consumption on the premises, at any time to a guest of a resident on the premises while the guest is in the resident’s company; and

(d)to sell liquor on premises approved by the commissioner for sale of liquor under authority of the licence, for consumption—

(i)off the premises; or

(ii)on the premises in the amount and in the circumstances prescribed by regulation.

Note—

Premises approved by the commissioner under subsection (1)(d) are detached bottle shops under this Act.

(2)If the commissioner states in the licence, the authority of a commercial hotel licence extends to the sale of liquor off the licensed premises, for consumption off the premises, while the licensee is catering for a function if—

(a)the sale is ancillary to the function at the place where the liquor is consumed; and

(b)the liquor is sold for consumption by persons genuinely attending the function.

(3)The authority under subsection (1) or (2) is subject to this Act and the conditions stated in a particular licence.

(4)Premises approved by the commissioner for sale of liquor under the authority of a commercial hotel licence are part of the licensed premises to which the licence relates.

61Restrictions on grant of commercial hotel licence

(1)The commissioner may grant a commercial hotel licence only if the commissioner is satisfied of the following—

(a)the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 59(1);

(b)the business to be conducted under the licence on the licensed premises will have a commercial kitchen and at least 2 of the following facilities—

(i)a dining, restaurant, or bistro-style, facility;

(ii)self-contained accommodation of at least 3 rooms for letting to travellers;

(iii)a function room facility available for hire by members of the public;

(c)the licensed premises—

(i)have the capacity to seat more than 60 patrons at any one time; and

(ii)have toilet facilities for male and female patrons of the business to be conducted under the licence on the premises.

(2)The commissioner must not grant a commercial hotel licence to a person—

(a)for premises the commissioner reasonably considers are, or are to be, used primarily as a supermarket; or

(b)if the commissioner considers that the sale of liquor proposed to be carried on under authority of the licence would more appropriately be carried on under the authority of a licence of another kind.

(3)Also, the commissioner must not grant a commercial hotel licence to an incorporated association under the Associations Incorporation Act 1981.

62Consumption of liquor on premises by residents and guests

Liquor supplied under the authority of a commercial hotel licence to a resident on the licensed premises, or to a guest of a resident in the resident’s company, for consumption on the premises at any time other than ordinary trading hours, or approved extended trading hours, must be consumed in a residential unit on the premises.

63Principal activity of a business under a commercial special facility licence

(1)The principal activity of a business conducted under a commercial special facility licence is the provision of one of the following facilities—

(a)a casino;

(b)an airport;

(c)a convention centre;

(d)another type of facility, other than a sporting facility, that makes, or is likely to make, a significant contribution to the tourism development of the State.

(2)The authority under a commercial special facility licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

64Authority of commercial special facility licence

(1)A commercial special facility licence authorises the licensee—

(a)to sell liquor on the licensed premises, for consumption on or off the premises, during ordinary trading hours or approved extended trading hours; and

(b)to sell liquor on the licensed premises, for consumption on or off the premises, at any time to a resident on the premises; and

(c)to sell liquor on the licensed premises, for consumption on the premises, at any time to a guest of a resident on the premises while the guest is in the resident’s company.

(2)The authority under subsection (1) is subject to this Act and the conditions that the commissioner has stated in the particular licence.

65Restriction on grant of commercial special facility licence

(1)The commissioner may grant a commercial special facility licence only if the commissioner is satisfied the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 63(1).

(2)The commissioner must not grant a commercial special facility licence if the commissioner considers that the supply of liquor proposed to be provided under authority of the licence would more appropriately be carried on under the authority of a licence of another kind.

(3)Also, the commissioner must not grant a commercial special facility licence to a person for premises the commissioner reasonably considers are, or are to be, used primarily as a supermarket.

65AConsumption of liquor on premises by residents and guests

Liquor supplied under the authority of a commercial special facility licence to a resident on the licensed premises, or to a guest of a resident in the resident’s company, for consumption on the premises at any time other than during the times stated in the licence, must be consumed in a residential unit on the premises.

66Types of commercial other licence

The following types of commercial other licence may be granted and held under this Act—

(a)subsidiary on-premises licence;

(b)subsidiary off-premises licence;

(c)bar licence;

(d)industrial canteen licence;

(e)producer/wholesaler licence.

67Principal activity of a business under a subsidiary on-premises licence

(1)The principal activity of a business conducted under a subsidiary on-premises licence is the provision of an activity, matter or service to which the sale of liquor for consumption on the licensed premises is a subsidiary aspect.

(2)The authority under a subsidiary on-premises licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

67APrincipal activity is the provision of meals

(1)This section applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of meals prepared, and served to be eaten, on the licensed premises.

(2)The authority of the licence is restricted to the following—

(a)the sale and supply of liquor for consumption on the premises—

(i)in association with a consumer eating a meal on the premises; and

(ii)to persons on the premises other than in association with the persons eating meals;

(b)the sale and supply of 1 opened and 1 unopened bottle of wine for consumption off the premises to each adult consumer eating a meal.

(3)For subsection (1), a licensee is taken not to be conducting a business on the licensed premises that is consistent with the principal activity of the licence unless—

(a)for each trading day, most of the patrons of the business on that day consume a meal on the premises; and

(b)throughout each trading day, most of the area of the licensed premises is set up with tables and chairs, or another combination of seating and surfaces, that are being used or ready for use by patrons for consuming meals; and

(c)there is a kitchen in the licensed premises which is open throughout each trading day other than a period of up to 1 hour before the end of a trading period; and

(d)throughout each trading day there are sufficient staff at the licensed premises engaged in, or available to engage in, the preparation and service of meals.

(4)In this section—

open, for a kitchen, means being used or available for use for meal preparation.

trading day, for licensed premises, means—

(a)if only 1 trading period for the premises starts on a day—that trading period; or

(b)if 2 or more trading periods for the premises start on a day—the total of the trading periods.

trading period, for licensed premises, means a continuous period during which the premises are open for business (including a period starting on a day and ending on the following day).

67BPrincipal activity is the provision of accommodation

(1)This section applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of accommodation.

(2)The licence authorises the licensee to sell liquor on the licensed premises—

(a)at any time—

(i)to a resident on the licensed premises, or a guest of a resident in the resident’s company, for consumption on the premises; or

(ii)to a resident on the licensed premises in a quantity of not more than 9L on any day, for consumption off the premises; and

(b)during ordinary trading hours or approved extended trading hours, to any person, including a person not eating a meal, for consumption in a part of the premises stated in the licence as ordinarily set aside for dining; and

(c)to a person attending a function on the premises during ordinary trading hours or approved extended trading hours for consumption on the premises, whether or not the person is eating a meal.

(3)Liquor supplied under authority of the licence to a resident on the licensed premises or a guest of a resident in the resident’s company, for consumption on the premises outside ordinary trading hours or approved extended trading hours, must be consumed in a residential unit on the premises.

67CAuthority of subsidiary on-premises licence

(1)A subsidiary on-premises licence authorises the licensee to sell liquor in association with an activity, matter or service provided on the licensed premises, or on premises of which the licensed premises form part, which activity, matter or service is the primary purpose to be served by conduct of business under authority of the licence—

(a)for consumption on the licensed premises; and

(b)if the commissioner so stated in the licence—for consumption off the licensed premises;

during ordinary trading hours or approved extended trading hours.

(2)Subject to section 67E, if the commissioner states in the licence, the authority of a subsidiary on-premises licence extends to the sale of liquor on premises other than the licensed premises for consumption on the other premises.

(3)The authority under subsection (1) or (2) is subject to this Act and the conditions stated in a particular licence.

67DRestriction on grant of subsidiary on-premises licence

(1)The commissioner must not grant a subsidiary on-premises licence to a person for a vehicle the commissioner reasonably considers is, or is to be, used primarily to transport persons by road between licensed premises.

(2)Also, the commissioner must not grant a subsidiary on-premises licence to a person if the commissioner is satisfied that the sale of liquor proposed to be carried on under the authority of the licence would more appropriately be carried on under the authority of a licence of another kind.

67ERestriction on sale of liquor for consumption off premises

(1)The commissioner may decide that liquor may be sold under authority of a subsidiary on-premises licence for consumption off the licensed premises only if the commissioner is satisfied that sale of the liquor will be made only in the course of the licensee providing catering facilities for functions.

(2)The authority conferred by a subsidiary on-premises licence to sell liquor for consumption off the licensed premises is restricted to the sale of liquor—

(a)as ancillary to a function that—

(i)happens at a place at which the liquor is consumed; and

(ii)includes the licensee providing food for the function of sufficient substance as to be ordinarily accepted as a meal for consumption by persons genuinely attending the function, even though the food may be eaten while standing and without cutlery; and

(b)for consumption by persons genuinely attending the function.

(3)Subsection (4) applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of meals prepared, and served to be eaten, on the licensed premises.

(4)Subsections (1) and (2) do not apply to the licence in relation to a sale or supply of liquor under section 67A(2)(b).

68Principal activity of a business under a subsidiary off-premises licence

(1)The principal activity of a business conducted under a subsidiary off-premises licence is the provision of an activity, matter or service to which the sale of liquor for consumption off the licensed premises is a subsidiary aspect.

(2)The authority under a subsidiary off-premises licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

69Authority of subsidiary off-premises licence

(1)A subsidiary off-premises licence authorises the licensee, during the times stated in the licence, to sell liquor on the licensed premises, for consumption off the premises, if the amount of each sale is not more than—

(a)if the commissioner stated an amount in the licence—the amount stated by the commissioner; or

(b)in any other case—2L.

(2)The authority under subsection (1) is subject to this Act and the conditions stated in the particular licence.

69ARestriction on grant of subsidiary off-premises licence

(1)The commissioner must not grant a subsidiary off-premises licence to a person for premises the commissioner reasonably considers are, or are to be, used primarily as a supermarket.

(2)Also, the commissioner must not grant a subsidiary off-premises licence to a person for premises the commissioner reasonably considers are, or are to be, used primarily for the hiring out of party equipment.

70Principal activity of a business under a bar licence

(1)The principal activity of a business conducted under a bar licence is the sale of liquor on the licensed premises having the capacity to seat not more than 60 patrons at any one time.

(2)The authority under a bar licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

70AAuthority of bar licence

(1)A bar licence authorises the licensee to sell liquor on the licensed premises for consumption on the premises during ordinary trading hours or approved extended trading hours.

(2)The authority under subsection (1) is subject to this Act and the conditions stated in a particular licence.

71Definition for sdiv 5

In this subdivision—

remote industrial locality means a locality at which—

(a)there is no permanent residential population; and

(b)mining, or rail or road construction, activities are happening.

71APrincipal activity of a business under an industrial canteen licence

(1)The principal activity of a business conducted under an industrial canteen licence is the sale of liquor on the licensed premises located within a remote industrial locality.

(2)The authority under an industrial canteen licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

71BAuthority of industrial canteen licence

(1)An industrial canteen licence authorises the licensee to sell liquor to a relevant person on the licensed premises, for consumption on or off the premises, during the times stated in the licence.

(2)The authority under subsection (1) is subject to this Act and the conditions stated in a particular licence.

(3)In this section—

relevant person means—

(a)a person working at the remote industrial locality within which the premises are located; or

(b)a member of the family, or a guest, of a person mentioned in paragraph (a).

71CRestriction on grant of industrial canteen licence

The commissioner may grant an industrial canteen licence in relation to a remote industrial locality only if there is no other licensed premises located within the locality.

72Principal activity of a business under a producer/wholesaler licence

(1)The principal activity of a business conducted under a producer/wholesaler licence is either or both of the following—

(a)the production and wholesale sale on the licensed premises of liquor made on the premises;

(b)the wholesale sale on the licensed premises of liquor.

(2)The authority under a producer/wholesaler licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

73Authority of producer/wholesaler licence

(1)A producer/wholesaler licence authorises the licensee—

(a)if the licensee is a producer of liquor—to sell on the licensed premises liquor produced or made on the premises, for consumption on or off the premises, during ordinary trading hours or approved extended trading hours; or

(b)if the licensee is a wholesale supplier of liquor—to sell liquor on the licensed premises, for consumption off the premises, during ordinary trading hours.

(2)Also, a producer/wholesaler licence authorises the licensee, if the licensee is a producer of liquor, to—

(a)sell craft beer, produced by the licensee on the licensed premises, to persons at a promotional event, for consumption away from the event, if—

(i)the licence is subject to a condition mentioned in section 74A(2)(a); and

(ii)the organiser of the promotional event has given the licensee written consent to sell craft beer to persons at the event; or

(b)supply craft beer, produced by the licensee on the licensed premises, to persons at a promotional event, for consumption at the event, free of charge and for the purpose of sampling the craft beer, if—

(i)the licence is subject to a condition mentioned in section 74A(2)(b); and

(ii)the organiser of the promotional event has given the licensee written consent to supply craft beer samples to persons at the event.

(3)The authority under subsection (1) or (2) is subject to this Act and the conditions stated in a particular licence.

74Restriction on grant of producer/wholesaler licence

The commissioner may grant a producer/wholesaler licence only if the commissioner is satisfied the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 72(1).

74ASale or supply of craft beer at promotional event

(1)This section applies if the commissioner is satisfied licensed premises for a producer/wholesaler licence are a craft brewery.

(2)The commissioner may impose a condition on the licence authorising the licensee to—

(a)sell craft beer, produced by the licensee at the craft brewery, to persons at a promotional event, for consumption away from the event; or

(b)supply craft beer, produced by the licensee at the craft brewery, to persons at a promotional event, for consumption at the event if—

(i)the supply is for persons to sample the craft beer; and

(ii)no charge is made for the sample.

(3)The commissioner must not impose a condition under subsection (2) if—

(a)the total number of producer/wholesaler licences, or equivalent licences issued under the law of another State, held by the licensee, and any related body corporate of the licensee, is more than 1; and

(b)more than 5 million litres of beer is produced, in any financial year, at 1 or more of the following premises—

(i)licensed premises for a producer/wholesaler licence mentioned in paragraph (a);

(ii)premises to which an equivalent licence, mentioned in paragraph (a), relates.

(4)For subsection (2)(a), unless a further condition imposed on the licence under subsection (5)(a) states otherwise, the total volume of craft beer that may be sold and supplied to each person at the promotional event, for consumption away from the event, is 9 litres.

(5)If the commissioner imposes a condition under subsection (2), the commissioner may also impose further conditions on the licence in relation to the following—

(a)the total volume of the licensee’s craft beer that may be sold to each person at a promotional event for consumption away from the event;

(b)for craft beer that may be supplied to persons at a promotional event, for consumption at the event, free of charge and for the purpose of sampling the craft beer—

(i)the total volume of the craft beer that may be supplied to each person at the event for the purpose of sampling; or

(ii)the volume of the individual samples that may be supplied to persons at the event.

(6)This section does not limit the power of the commissioner, under part 5, to impose, amend or revoke conditions on a licence.

75Restriction on sale of liquor under producer/wholesaler licence

(1)Subject to subsection (2), the holder of a producer/wholesaler licence must not sell liquor to a person other than—

(a)a licensee or permittee; or

(b)a licensee under the Wine Industry Act 1994; or

(c)a person engaged in an activity to which this Act is prescribed not to apply, if the sale is for the purpose of that activity; or

(d)a person authorised by a law of the Commonwealth, another State or a Territory or foreign country to sell liquor, or the person’s agent; or

(e)a person exempt from the application of a law of the Commonwealth, another State or a Territory relating to the sale of liquor, or the person’s agent, if the sale is made in circumstances in which the person is so exempt; or

(f)a person who purchases the liquor for export; or

(g)a person who purchases the liquor for stock in a duty free store; or

(h)a person who purchases the liquor to provide it for consumption on ships or aircraft on international journeys; or

(i)a person who purchases the liquor to provide it at Government House, or at a foreign embassy or consulate, as part of official activities at the place; or

(j)a person who purchases the liquor for a religious entity for sacramental purposes.

(2)The holder of a producer/wholesaler licence who is a producer of liquor may—

(a)sell the licensee’s liquor and liquor for which the licensee is a wholesaler to a visitor to the licensed premises for consumption on the premises in association with the visitor eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; and

(b)sell the licensee’s liquor, for consumption on or off the licensed premises, to a visitor to the licensed premises, if the liquor is sold as a souvenir of the visit; and

(c)to the extent the holder is authorised under section 73(2) to sell or supply craft beer produced by the holder to persons at a promotional event—sell or supply the craft beer to persons at the event.

(3)The holder of a producer/wholesaler licence does not contravene this section by selling liquor during any period—

(a)to the holder’s staff; or

(b)for sampling, promotions or similar purposes;

if such sales do not exceed 2.5% by value of the holder’s total sales of liquor during the period.

(4)This section does not apply to the holder of a producer/wholesaler licence who holds a brewery licence within the meaning of the Excise Act 1901 (Cwlth), section 77A in relation to the sale by the licensee of the licensee’s liquor.

(5)In this section—

licensee’s liquor means liquor produced on the premises to which the licence relates.

75AVenue of promotional event not licensed premises for producer/wholesaler licence

(1)This section applies if a holder of a producer/wholesaler licence is authorised under section 73(2) to sell or supply craft beer, produced by the holder, to persons at a promotional event.

(2)The following are not licensed premises for the producer/wholesaler licence, or premises to which the producer/wholesaler licence relates—

(a)the venue of the promotional event;

(b)a part of the venue.

(3)However, a relevant part 6 provision applies as if a reference in the provision to licensed premises, or premises to which a licence relates, includes—

(a)if the commissioner imposes a condition on the producer/wholesaler licence defining the area at the venue of the event in which the craft beer may be sold or supplied by the holder to persons at the event—the area defined in the condition; or

(b)otherwise—the area, at the venue of the event, allocated by the organiser of the event to the holder for the purpose of selling or supplying craft beer produced by the holder to persons at the event.

(4)Also, section 142ZZC applies to the holder as if subsection (2)(b) of that section were omitted.

(5)In this section—

relevant part 6 provision means a provision of part 6 other than the following provisions—

(a)part 6, division 1AB;

(b)section 143;

(c)sections 144 to 145A;

(d)section 148AA;

(e)section 150;

(f)section 153;

(g)sections 154 to 155AB;

(h)part 6, division 1A;

(i)section 157(1);

(j)sections 162 and 163;

(k)section 168A;

(l)part 6, division 5.

76Principal activity of business under community club licence

(1)The principal activity of a business conducted under a community club licence is the provision of facilities and services to the club’s members and the achievement of the club’s objects.

(2)The authority under a community club licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

77Authority of community club licence

(1)A community club licence authorises the licensee to sell liquor on the licensed premises—

(a)during ordinary trading hours, or approved extended trading hours, to—

(i)a member of the club for consumption on or off the premises; or

(ii)a member of a reciprocal club, whose members’ reciprocal rights are secured by formal reciprocal arrangements, for consumption on or off the premises; or

(iii)an applicant for membership of the club for a period of 30 days after receipt by the secretary of the club of the applicant’s application for membership for consumption on the premises; or

(iv)a guest of a person mentioned in subparagraph (i) or (ii), in the person’s company, for consumption on or off the premises; or

(v)a visitor to the club, for consumption on or off the premises, whose ordinary place of residence is in—

(A)another State or in a foreign country; or

(B)the State, at least 15km from the club’s premises; or

(vi)a person attending a function or club activity, other than the purpose of the club, on the premises for consumption on the premises; or

(vii)for a club that is an RSL or Services Club—

(A)an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or

(B)a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and

(b)at any time to a resident on the premises, or a guest of a resident in the resident’s company, for consumption on the premises.

(2)Despite subsection (1)(a)(vi), if the commissioner states in a community club licence that the licensed premises include particular premises (the other premises) that the club owns or has a legal right to occupy and the other premises may be used on an infrequent basis for an event, the licence authorises the licensee to sell liquor within a defined area on the other premises for the event for consumption within the defined area stated in the licence if—

(a)the sale is during ordinary trading hours for the licence to members of the public attending the event on the other premises; and

(b)the event is the playing of a sport or game for which the club is established; and

Example of sport or game for which a club is established—

If a rugby union club is established but the club allows other clubs to use its premises for bridge or darts, or encourages the rugby union club’s members to play those games, the rugby union club is established for rugby union and not other sports or games (like bridge or darts) that may be played on its premises.

(c)the club is catering for the event on the other premises; and

(d)at least 14 days before the date of the event, the club gives written notice about the event to the police officer in charge of the locality in which the event is to be held.

Example for subsection (2)—

A football club may have premises with an adjacent field in 1 suburb that are used on a weekly basis for training and regular games. The club may also own a second field in another suburb which is used a few times a year for the club’s games. The commissioner may state in the community club licence that the licensed premises includes defined areas at 1 or both fields. The community club licence authorises the club to sell liquor within the defined areas.

(3)For subsection (2), the area of the other premises defined in the licence forms part of the licensee’s licensed premises for the period the licensee is authorised to sell liquor on the other premises.

(4)Despite section 76(1), a community club licence does not authorise the sale or supply of liquor from a facility ordinarily known as a drive-in or drive through bottle shop.

(5)The authority under subsections (1) and (2) is subject to this Act and the conditions stated in a particular licence.

(6)A visitor to the premises of a club who—

(a)with permission of an authorised agent of the management committee of the club; and

(b)after payment of the fee, if any, ordinarily charged for the purpose;

plays a sport or game that is part of the club’s business, or that is played under the auspices of the club, is taken, for the purposes of subsection (1), to be a member of the club for the day on which the visitor so plays.

(7)If it is a team that plays a sport or game mentioned in subsection (6) as visitors to the premises of a club, every genuine official of the team is taken to be a visitor who has played the sport or game although the official has not taken part in the sport or game.

(8)In this section—

game does not include a game within the meaning of the Gaming Machine Act 1991.

78Restrictions on grant of community club licence

(1)The commissioner may grant a community club licence only if the commissioner is satisfied that—

(a)the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 76(1); and

(b)the club in question is a non-proprietary club.

(2)The commissioner may not grant a community club licence if—

(a)the premises to which the community club licence would relate are a part of larger premises, wholly or partly (the larger premises); and

(b)another type of licence was formerly held in relation to the larger premises; and

(c)another type of licence is still held in relation to the remainder of the larger premises, wholly or partly.

Example—

If club A applies for a community club licence in relation to a part of premises that has been excised from club B’s commercial hotel licence, club A’s application must be refused.

79Requirements of club and secretary

(1)A community club licence is subject to the following conditions—

(a)the rules of the relevant club must comply with the schedule, except as otherwise authorised in writing by the commissioner;

(b)if an amendment of the rules of the relevant club is adopted by the club—

(i)the relevant club’s secretary must, within 14 days after the adoption of the amendment, give to the commissioner a certified copy of the proposed amendment; and

(ii)the amendment takes effect at the end of 28 days after receipt by the commissioner of the certified copy, unless, within that period, the commissioner disallows the amendment by written notice given to the relevant club’s secretary;

(c)the relevant club’s secretary must keep on the club premises a register of—

(i)the name and address of each member of the club; and

(ii)particulars of payment of the membership subscription last paid by the member;

(d)the relevant club’s secretary must keep on the club premises a register of—

(i)the name of each guest of a member or visitor to the club premises; and

(ii)the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club;

(e)the relevant club’s secretary must keep the register mentioned in paragraph (c) or (d) open for inspection at any time by an investigator.

(2)The regulations may prescribe amendments to which subsection (1)(b)(i) does not apply.

(3)An amendment to which subsection (1)(b)(i) does not apply takes effect as soon as it is adopted by the relevant club.

(4)Subsection (1)(d) does not apply to a person who is—

(a)a minor; or

(b)a visitor mentioned in section 77(6) or (7).

(4A)Subsection (1)(d) does not apply in relation to a guest or visitor who is—

(a)a member of a reciprocal club if the guest or visitor provides evidence of membership of the reciprocal club when the guest or visitor enters the relevant club; or

(b)for a relevant club that is an RSL or Services Club—

(i)an RSL honorary member; or

(ii)a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club.

(4B)However, if the rules of the relevant club require a register to be kept for members of a reciprocal club, subsection (1)(d) continues to apply in relation to a guest or visitor who—

(a)is a member of that reciprocal club; and

(b)if the relevant club is an RSL or Services Club, is not also—

(i)an RSL honorary member; or

(ii)a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club.

(4C)To remove any doubt, subsection (1)(d) continues to apply in relation to a guest or visitor who is—

(a)a guest of a member of a reciprocal club; or

(b)for a relevant club that is an RSL or Services Club—

(i)a guest of an RSL honorary member; or

(ii)a guest of a defence member.

(5)A person must not make an entry in a register, or give information to someone else to enter in a register, mentioned in subsection (1)(c) or (d) that the person knows is false, misleading or incomplete in a material particular.

Maximum penalty—35 penalty units.

(5A)The relevant club’s secretary may keep the register mentioned in subsection (1)(c) or (d) in hard copy or electronic form.

(6)It is enough for a complaint against a person for an offence against subsection (5) to state that the information entered was false, misleading or incomplete to the person’s knowledge.

(7)In this section—

relevant club means the club to which the licence relates.

80Principal activity of business under community other licence

(1)The principal activity of a business conducted under a community other licence is the provision of facilities and services to the relevant club’s members and the achievement of the club’s objects.

(2)The authority under a community other licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

(3)In this section—

relevant club means the club to which the licence relates.

81Authority of community other licence

(1)A community other licence authorises the licensee to sell and supply liquor on the licensed premises during ordinary trading hours to the following persons, for consumption on the premises—

(a)a member of the relevant club;

(b)a guest of a member of the relevant club in the member’s company;

(c)a member of a reciprocal club;

(d)a guest of a member of a reciprocal club in the member’s company;

(e)for a relevant club that is an RSL or Services Club—

(i)an RSL honorary member, or a guest of an RSL honorary member in the member’s company; or

(ii)a defence member, or a guest of a defence member in the member’s company.

(2)The authority under subsection (1) is subject to this Act and the conditions stated in the licence.

(3)In this section—

relevant club means the club to which the licence relates.

82Restriction on grant of community other licence and other related matters

(1)The commissioner may grant a community other licence only if the commissioner is satisfied the relevant club is a non-proprietary club.

(2)The commissioner must include the following matters in a community other licence—

(a)the times, totalling not more than 25 hours a week, for the sale of liquor under the licence;

(b)the area to which the licence relates.

(3)In this section—

relevant club means the club to which the licence relates.

83Requirements of club and secretary

(1)A community other licence is subject to the following conditions—

(a)the rules of the relevant club must comply with the schedule, unless the commissioner has given written permission to the club to amend the rules;

(b)if an amendment of the rules of the relevant club is adopted by the club—

(i)within 14 days after adoption of the amendment, the club’s secretary must give the commissioner a certified copy of the amendment; and

(ii)the amendment takes effect at the end of 28 days after the commissioner receives the certified copy unless the commissioner has disallowed the amendment by written notice given to the club’s secretary;

(c)the relevant club’s secretary must keep on the club premises a register of—

(i)the name and address of each club member; and

(ii)particulars of the most recent membership subscription paid by the member;

(d)the relevant club’s secretary must keep on the club premises a register of—

(i)the name of each guest of a member or visitor to the club premises; and

(ii)the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club;

(e)the relevant club’s secretary must keep the registers mentioned in paragraphs (c) and (d) open for inspection by an investigator at any time when the club is open.

(2)The regulations may prescribe amendments to which subsection (1)(b)(i) does not apply.

(3)An amendment to which subsection (1)(b)(i) does not apply takes effect as soon as it is adopted by the relevant club.

(3A)Subsection (1)(d) does not apply in relation to a guest or visitor who is—

(a)a minor; or

(b)a member of a reciprocal club if the guest or visitor provides evidence of membership of the reciprocal club when the guest or visitor enters the relevant club; or

(c)for a relevant club that is an RSL or Services Club—

(i)an RSL honorary member; or

(ii)a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club.

(3B)However, if the rules of the relevant club require a register to be kept for members of a reciprocal club, subsection (1)(d) continues to apply in relation to a guest or visitor who—

(a)is a member of that reciprocal club; and

(b)if the relevant club is an RSL or Services Club, is not also—

(i)an RSL honorary member; or

(ii)a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club.

(3C)To remove any doubt, subsection (1)(d) continues to apply in relation to a guest or visitor who is—

(a)a guest of a member of a reciprocal club; or

(b)for a relevant club that is an RSL or Services Club—

(i)a guest of an RSL honorary member; or

(ii)a guest of a defence member.

(4)A person must not make an entry in a register, or give information to someone else to enter in a register, mentioned in subsection (1)(c) or (d), that the person knows is false, misleading or incomplete in a material particular.

Maximum penalty—35 penalty units.

(4A)The relevant club’s secretary may keep the registers mentioned in subsection (1)(c) and (d) in hard copy or electronic form.

(5)It is enough for a complaint against a person for an offence against subsection (4) to state that the information entered was false, misleading or incomplete to the person’s knowledge.

(6)In this section—

relevant club means the club to which the licence relates.

83APrincipal activity of a business under a nightclub licence

(1)The principal activity of a business conducted under a nightclub licence is the provision of entertainment on the licensed premises and the sale of liquor for consumption on the licensed premises while the entertainment is provided.

(2)The authority under a nightclub licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

(3)It is consistent with the principal activity of a nightclub licence to sell or supply liquor for consumption on the premises during a relevant period, even though no entertainment is being provided, if the liquor is sold or supplied in association with a consumer eating a meal on the premises.

(4)However, subsection (3) applies only if the licensee complies with section 67A(3)(b) to (d) as if a reference in that provision to a trading day were a reference to the part of a trading day during a relevant period that the licensee sells or supplies liquor while no entertainment is being provided.

(5)In this section—

entertainment—

(a)means entertainment provided by a person—

(i)who is physically present when providing the entertainment; and

(ii)whose function is to present the entertainment; and

(b)does not include entertainment using facilities that do not require a person present to provide the entertainment.

Examples of facilities that do not require a person to be present—

•pool tables

•jukeboxes

relevant period, for premises, means—

(a)for premises to which an extended trading hours approval applies for trading between 9a.m. and 10a.m.—between 9a.m. and 5p.m.; or

(b)if paragraph (a) does not apply—between 10a.m. and 5p.m.

83BAuthority of nightclub licence

(1)A nightclub licence authorises the licensee to sell liquor on the licensed premises during ordinary trading hours or approved extended trading hours—

(a)for consumption on the premises; and

(b)if stated in the licence—for consumption off the licensed premises, subject to section 83D.

(2)The authority under subsection (1) is subject to this Act and the conditions stated in a particular licence.

83CRestrictions on grant of nightclub licence

(1)The commissioner may grant a nightclub licence only if the commissioner is satisfied the licensed premises have toilet facilities for male and female patrons of the business to be conducted under the licence on the licensed premises.

(2)The commissioner must not grant a nightclub licence to a person for a vehicle the commissioner reasonably considers is, or is to be, used primarily to transport persons by road between licensed premises.

83DRestriction on sale of liquor for consumption off premises

(1)The commissioner may decide that liquor may be sold under the authority of a nightclub licence for consumption off the licensed premises only if the commissioner is satisfied the sale of liquor will be made only in the course of the licensee providing catering facilities for functions.

(2)The authority conferred by a nightclub licence to sell liquor for consumption off the licensed premises is restricted to the sale of liquor—

(a)as ancillary to a function that—

(i)happens at a place at which the liquor is consumed; and

(ii)includes the licensee providing food for the function of sufficient substance as to be ordinarily accepted as a meal for consumption by persons genuinely attending the function, even though the food may be eaten while standing and without cutlery; and

(b)for consumption by persons genuinely attending the function.

84Authority of extended trading hours approval

An extended trading hours approval authorises the licensee who is the holder of the approval to sell liquor on a regular basis under authority of the licence that relates to the licensed premises for which the approval is granted subject to this Act at the times, and subject to the conditions, stated in the approval.

Note—

Failure by a licensee to comply with the times or the conditions stated in the licensee’s extended trading hours approval is, under section 136, a ground for the commissioner to take disciplinary action relating to the licence under section 137.

85Application for approval

(1)An applicant for a licence, or a licensee, may apply to the commissioner for an extended trading hours approval for the premises that are, or are to be, the licensed premises.

(2)If the application is granted, the approval must be endorsed by the commissioner on the licence.

(3)Subsection (1) does not apply to an applicant for, or holder of, a community other licence.

86Hours to which application may relate etc.

(1)An application may be made for an extended trading hours approval for a licence that, if granted, would extend trading hours on a regular basis to include trading between—

(a)for a commercial special facility licence relating to an airport or casino—12a.m. and 5a.m.; or

(b)for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or

(c)otherwise—12a.m. and 2a.m.

(1A)Subsection (1) does not apply to a subsidiary on-premises licence (meals) or community other licence.

(1B)An application may be made for an extended trading hours approval for a subsidiary on-premises licence (meals) that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m.

(2)An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 9a.m. and 10a.m.

(2A)An application may be made for an extended trading hours approval for a commercial hotel licence, community club licence or commercial special facility licence, for the sale of takeaway liquor, that, if granted, would extend trading hours on a regular basis to include the following—

(a)trading between 9a.m. and 10a.m.;

(b)for a commercial special facility licence relating to an airport or casino—trading between 10p.m. and midnight.

(3)The applicant for an application mentioned in subsection (2) or (2A) must satisfy the commissioner that there is a demonstrated community need for the application to be granted.

(4)An application may be made for an extended trading hours approval for a community club licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m.

(5)For an application mentioned in subsection (4)—

(a)the applicant must satisfy the commissioner that there is a demonstrated community need for the application to be granted; or

(b)the club to which the licence relates must be a sporting club for a sport prescribed under a regulation.

(6)An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m. but only for the purpose of selling and supplying liquor to or for persons genuinely attending a function held on the licensed premises during those hours.

(7)For subsections (3) and (5)(a), the commissioner may be satisfied that there is a demonstrated community need for the application to be granted, only if the applicant demonstrates to the commissioner—

(a)a level of demand for liquor within the community that justifies the extended trading hours sought in the application; and

(b)the reasons for the level of demand mentioned in paragraph (a), including, for example—

(i)that the premises to which the licence relates are situated in an area that is popular with tourists or for dining; or

(ii)that there has been a significant increase in population in the area in which the premises to which the licence relates are situated.

(8)Subsection (7) does not limit the matters the commissioner may consider in deciding whether there is a demonstrated community need for the application to be granted.

87Restriction on grant of extended trading hours approval

The commissioner must not grant an extended trading hours approval that would purport to authorise the sale of liquor at any time on Good Friday, Christmas Day or Anzac Day, otherwise than as prescribed by section 9.

88Review of operation of extended trading hours approval

The commissioner may, at any time, review the conduct of a licensee under an extended trading hours approval endorsed on the licensee’s licence.

96Definitions for div 9

In this division—

glassing means an act of violence by a person that involves the use of regular glass and causes injury to any person.

regular glass means glass other than tempered or toughened glass.

regular glass container means a container made entirely or partly of regular glass capable of holding a liquid, for example, a drinking glass, bottle or jug.

relevant period, for licensed premises, means the period of 1 year before a notice under section 98 is given.

97When all or part of licensed premises must be classified as high risk

(1)The commissioner may classify all or part of licensed premises as high risk if the commissioner is satisfied—

(a)one or more glassings have happened at the premises during the relevant period; or

(b)there has been a level of violence at the premises during the relevant period that is unacceptable having regard to the main purpose of this Act mentioned in section 3(a).

(2)However, before classifying the premises or part of the premises as high risk the commissioner must—

(a)give the licensee of the premises a written notice under section 98; and

(b)have regard to the licensee’s response, if any, to the notice.

Note—

A guideline may be made by the commissioner under section 42A informing persons about the attitude the commissioner is to adopt on a particular matter, how the commissioner administers this Act or matters that may help persons comply with this Act.

98Notice to licensee of licensed premises considered high risk

(1)If the commissioner considers that all or part of licensed premises are high risk, the commissioner must give the licensee of the premises a notice under this section.

(2)The notice must state the following—

(a)that the commissioner considers all or a stated part of the premises to be high risk;

(b)the reasons the commissioner considers the premises or part to be high risk;

(c)an invitation to the licensee to show within a stated period, not less than 14 days after the notice is given to the licensee, why the premises or part should not be classified as high risk.

Examples of parts of licensed premises that the commissioner may decide not to classify as high risk—

accommodation rooms, restaurants, bottle shops

99Representations about notice

(1)The licensee may make written representations about the notice to the commissioner within the 14-day period.

(2)The licensee may request that all or part of the licensed premises not be classified as high risk.

(3)The commissioner must consider all written representations made under subsection (1).

99AEnding process without further action

If, after considering any representations by the licensee, the commissioner no longer considers the ground exists to classify the licensed premises or part as proposed, the commissioner—

(a)must not take further action about the classification of the premises; and

(b)must, as soon as practicable, give notice to the licensee that no further action will be taken about the classification of the premises.

99BNotice classifying relevant premises as high risk

(1)This section applies if, after considering any representations by the licensee under section 99, the commissioner still considers all or part of licensed premises should be classified as proposed.

(2)The commissioner must give the licensee a written notice—

(a)classifying all or a stated part of the premises as high risk; and

(b)stating the day from which the classification starts.

(3)The notice under subsection (2) must not classify a part of the premises not mentioned in the notice under section 98.

99CObligations of licensee who receives notice that licensed premises are high risk

(1)Subsection (2) applies to a licensee who receives a notice under section 99B classifying all or a stated part of the licensed premises as high risk.

(2)The licensee must not at any time during the trading hours for the premises or stated part—

(a)serve liquid to a patron in a regular glass container; or

(b)leave or place a regular glass container in an area to which a patron has access.

Maximum penalty—100 penalty units.

99DWhen licensee may apply to end the banning of regular glass in the licensed premises

(1)This section applies if 1 year has elapsed since all or part of licensed premises were classified as high risk.

(2)The licensee may make written representations to the commissioner to revoke the classification.

(3)The commissioner may revoke the classification only if the commissioner is satisfied that the licensee has put measures in place at the licensed premises that sufficiently minimise the risk of harm caused by alcohol abuse and misuse.

99EJudicial review only to apply to commissioner’s decision

(1)A decision of the commissioner under this division—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.

(2)However, subsection (1) does not limit the Judicial Review Act 1991.

99FCommissioner may publish details of classification of premises on website

The commissioner may publish details of licensed premises or parts of licensed premises classified as high risk on a website of the department on the internet.

99GPolice commissioner must provide information

(1)The commissioner may ask the police commissioner to give the commissioner the information the commissioner requires to decide whether to classify licensed premises as high risk under this division.

(2)Subject to subsection (3), the police commissioner must provide the information requested.

(3)The obligation of the police commissioner to comply with the commissioner’s request applies only to information in the possession of the police commissioner or to which the police commissioner has access.

100Available permits

The following permits may be granted and held under this Act—

(a)a commercial public event permit;

(b)a community liquor permit;

(c)an extended hours permit;

(d)a restricted liquor permit;

(e)an adult entertainment permit;

(f)a restricted area permit;

(g)a craft beer producer permit.

101Definitions for div 2

In this division—

licence means each of the following licences for which the authority under the licence is extended to allow the sale of liquor on premises that are not the licence’s main premises—

(a)commercial hotel licence;

(b)subsidiary on-premises licence;

(c)subsidiary off-premises licence;

(d)nightclub licence.

main premises means licensed premises described in a licence.

private event means an event or occasion, held at premises other than main premises, if—

(a)the event or occasion is not publicly advertised or is not open to the public or casual attendance; or

(b)attendance at the event or occasion is restricted by personal invitation of the function’s host; or

(c)admission to the event or occasion does not involve paying a fee for—

(i)admission; or

(ii)entertainment or services provided at the event or occasion.

Examples of a private event—

a 21^st birthday party, boardroom lunch, company cocktail party, wedding

public event, in relation to a licensee, means an event or occasion held at premises other than the licensee’s main premises, that is not a private event.

Examples of a public event—

a festival, public ball, race meeting, rock concert

101ACommercial public event permit issued jointly to 2 or more licensees

(1)A reference in this division to a licensee, for a commercial public event permit issued jointly to 2 or more licensees, is a reference to each of the licensees.

(2)If a commercial public event permit is issued jointly to 2 or more licensees and one of the licences is suspended, the permit is taken to be suspended for the period of the suspension.

(3)If a commercial public event permit is issued jointly to 2 or more licensees and one of the licences is cancelled, the permit is taken to be cancelled.

102Licensee to obtain a commercial public event permit for selling or supplying liquor at public events

(1)A licensee who proposes to sell or supply liquor at a public event under the licence must apply for the grant of a commercial public event permit to sell or supply the liquor at the public event.

(2)Without limiting section 105, an application must—

(a)describe the area where the liquor will be sold or supplied and consumed and the area where any catering to be provided by the licensee will take place; and

(b)be accompanied by a proposed event management plan for the public event addressing all matters about which the commissioner is to be satisfied under section 103(1).

(3)An application under subsection (1) may be made jointly by 2 or more licensees.

103Restriction on grant of commercial public event permit

(1)The commissioner must not grant a commercial public event permit for a public event unless the commissioner is satisfied about all of the following—

(a)the licensee would, in catering for the public event, be carrying out the principal activity of the business conducted under the licence;

(b)premises in which liquor may be sold, supplied and consumed at the public event are properly defined and will be appropriately monitored;

(c)the public event will not create any undue annoyance, disturbance or inconvenience to residents of the locality in which the public event is to be held;

(d)the public event will not create an unsafe or unhealthy environment for persons employed at and attending the public event or residents of the locality in which the public event is to be held;

(e)appropriate planning for the public event has been carried out with the police service and local government for the area in which the public event is to be held;

(f)any other matter prescribed under a regulation.

(2)Subsection (1)(a) does not apply to an application for a commercial public event permit to extend the authority of a subsidiary on-premises licence if the principal activity of the business conducted under the licence is the provision of accommodation.

(3)The commissioner must not grant a commercial public event permit for a public event that would purport to authorise the sale of liquor at any time on Good Friday or Christmas Day or before 1.00p.m. on Anzac Day.

(4)Despite subsection (3), the commissioner may grant a commercial public event permit to authorise a licensee to sell liquor between 5a.m. and 1p.m. on Anzac Day if—

(a)the commissioner is satisfied the licensee has entered into an agreement with an RSL or Services Club to sell liquor under the permit at a public event that is an Anzac Day event for the club; and

(b)the permit authorises the sale of liquor only at the event.

103AArea defined in commercial public event permit forms part of licensed premises

The area defined in a commercial public event permit for a public event forms part of the licensee’s licensed premises for the period the licensee is authorised to sell or supply liquor at the event under the permit.

103BAuthority of commercial public event permit

(1)Subject to this Act, a commercial public event permit authorises the licensee to sell or supply liquor—

(a)at the public event stated in the permit; and

(b)at the times on the day or days stated in the permit; and

(c)subject to the conditions stated in the permit.

(2)The authority of a commercial public event permit for a public event extends to the sale or supply of liquor for consumption within the area defined in the permit for the event.

103CAuthority of community liquor permit

(1)Subject to this Act, a community liquor permit authorises the permittee to sell liquor—

(a)at the event or occasion; and

(b)at the times on the day or days; and

(c)subject to the conditions;

stated in the permit.

(2)Authority of a community liquor permit extends to sale of liquor—

(a)for consumption at the event or occasion stated in the permit; and

(b)for removal from the venue of the event or occasion, and subsequent consumption, if stated in the permit.

103DRestriction on grant of community liquor permit

(1)The commissioner must not grant a community liquor permit—

(a)for licensed premises; or

(b)if the commissioner considers that the supply of liquor proposed to be provided under authority of the permit would more appropriately be provided under authority of a licence.

(2)The commissioner may grant a community liquor permit only to—

(a)a non-proprietary club; or

(b)another entity, if the commissioner is satisfied all the net proceeds from the sale of liquor under the permit will be used for the benefit of the community.

(3)If the applicant for a community liquor permit is a non-proprietary club that is an unincorporated association, the permit may be granted only to an individual for the non-proprietary club.

103EIdentification of premises

(1)The commissioner must—

(a)define an area adjacent to each premises to which a community liquor permit relates; and

(b)state the means by which the area must be marked out.

(2)An area defined under subsection (1) is part of the premises to which the permit relates.

103FRestriction on consumption or possession of liquor

(1)During continuance of a community liquor permit, a person must not—

(a)consume liquor; or

(b)have liquor in possession for consumption;

at the venue of the event or occasion stated in the permit elsewhere than in an area that is part of the premises to which the permit relates.

(2)Subsection (1) does not apply to consumption of, or having in possession, liquor supplied by the person or association of persons controlling the event or occasion in a part of the venue of the event or occasion set apart for use by that person or association and guests.

103GAuthority of extended hours permit

(1)An extended hours permit authorises the licensee who is the holder of the permit to sell liquor on a particular day under authority of the licence that relates to the licensed premises for which the permit is granted subject to this Act.

(2)The permit authorises the sale of liquor—

(a)during a stated time on a stated day; and

(b)in the licensed premises or a stated part of the licensed premises; and

(c)subject to any stated conditions.

103HGrant of permit for Good Friday, Christmas Day or Anzac Day

(1)The commissioner must not grant an extended hours permit that would purport to authorise the sale of liquor at any time on Good Friday, Christmas Day or Anzac Day, otherwise than as prescribed by section 9.

(2)However, the commissioner may grant an extended hours permit to authorise a licensee to sell liquor between 5a.m. and 1p.m. on Anzac Day if—

(a)the commissioner is satisfied the licensee has entered into an agreement with an RSL or Services Club to sell liquor under the permit at an Anzac Day event for the club; and

(b)the permit authorises the sale of liquor only at the event.

103I Hours to which applications may relate

An application may be made for an extended hours permit for a licence that, if granted, would extend trading hours on a particular day to include—

(a)for a licence other than a community other licence—

(i)trading between 12a.m. and 5a.m.; or

(ii)trading between 7a.m. and 9a.m.; or

(iii)trading between 9a.m. and 10a.m.; or

(b)for a community club licence—trading between 7a.m. and 9a.m.

103IA Restrictions on grant of permit for trading between 12a.m. and 5a.m.

(1)This section applies if an application is made under section 103I(a)(i).

(2)The commissioner may grant an extended hours permit only if satisfied it is to sell liquor on a special occasion that persons independent of the licensee, and of the owner or occupier of the licensed premises, wish to celebrate on the licensed premises.

(3)The commissioner may only grant an extended hours permit for—

(a)the time the special occasion is happening; and

(b)a reasonable time, before or after the time the special occasion is happening, the commissioner considers appropriate to ensure the maintenance of a safe environment in and around the licensed premises.

Example—

On the occasion of an international sporting match being televised from 1a.m. to 3a.m., the commissioner may grant a permit for trading between 12a.m. and 3.30a.m., in order to allow for the gradual arrival and departure of patrons attending the premises for the occasion.

(4)The commissioner may not grant extended hours permits relating to the same licensed premises that would extend trading hours on 2 or more consecutive days, or on more than 1 day in a calendar month, unless satisfied the permits are to sell liquor on the same special occasion.

(5)In this section—

celebrate includes mark.

special occasion means—

(a)the occasion of a special public event; or

(b)a wedding, birthday or other private occasion being celebrated at a function that is not open to the public.

special public event—

(a)means a unique or infrequent event of local, State or national significance; and

Examples—

•a local music festival happening over a weekend

•a televised international sporting match involving an Australian team

(b)includes an event prescribed by regulation, or of a class of events prescribed by regulation, to be a special public event; and

(c)does not include an event prescribed by regulation, or of a class of events prescribed by regulation, not to be a special public event.

103IB Restrictions on grant of permit for trading between 7a.m. and 9a.m.

(1)On an application under section 103I(a)(ii), the commissioner may grant an extended hours permit only if satisfied it is to sell liquor to or for persons genuinely attending a function held on the licensed premises during the period to which the permit relates.

(2)On an application under section 103I(b), the commissioner may grant an extended hours permit only if—

(a)the commissioner is satisfied there is a demonstrated community need for the application to be granted; or

(b)the club to which the licence relates is a sporting club for a sport prescribed by regulation.

103IC Restrictions on grant of permit for trading between 9a.m. and 10a.m.

On an application under section 103I(a)(iii), the commissioner may grant an extended hours permit only if satisfied there is a demonstrated community need for the application to be granted.

103J Maximum number of permits that may be granted

(1)The maximum number of extended hours permits that may be granted for particular licensed premises is—

(a)on an application under section 103I(a)(i)—6 permits in a calendar year; or

(b)otherwise—4 permits in any 1-year period.

(2)A reference in subsection (1)(a) or (b) to a number of permits in a period is a reference to the number of permits authorising the sale of liquor on a day in the period (not the number of permits granted in the period).

(3)This section applies subject to section 103JAA.

103JAA Maximum number of late night permits that may be granted in first calendar year of licence

(1)This section applies to licensed premises in relation to the calendar year in which the premises become licensed premises.

(2)Section 103J(1)(a) applies to the premises as if the reference to 6 permits were a reference to a lesser number of permits worked out on a pro rata basis according to the number of calendar months, in the calendar year, in which the premises are licensed premises.

Example—

Premises become licensed premises on 20 July 2018. For the 2018 calendar year, there are 6 calendar months in which the premises are licensed premises. Therefore, section 103J(1)(a) applies as if the reference to 6 permits were a reference to 3 permits.

(3)If the number of permits worked out under subsection (2) is not a whole number, the number must be rounded up to the nearest whole number.

103JA Authority of restricted liquor permit

(1)A restricted liquor permit authorises the permittee to sell and supply liquor on the premises to which the permit relates to the following persons, for consumption on the premises—

(a)a member of the relevant club;

(b)a guest of a member of the relevant club in the member’s company;

(c)a member of a reciprocal club;

(d)a guest of a member of a reciprocal club in the member’s company;

(e)for a relevant club that is an RSL or Services Club—

(i)an RSL honorary member, or a guest of an RSL honorary member in the member’s company; or

(ii)a defence member, or a guest of a defence member in the member’s company.

(2)The authority under subsection (1) is subject to this Act and the conditions stated in the permit.

(3)In this section—

relevant club means the club to which the permit relates.

103KRestriction on grant of restricted liquor permit and other related matters

(1)The commissioner may grant a restricted liquor permit only if the commissioner is satisfied the relevant club is a non-proprietary club.

(2)The commissioner must include the following matters in a restricted liquor permit—

(a)the times, between 10a.m. and 12 midnight and totalling not more than 25 hours a week, for the sale of liquor under the permit;

(b)the area to which the permit relates.

(3)In this section—

relevant club means the club to which the permit relates.

103LDuration of permit

The commissioner may grant a restricted liquor permit for a period of at least 3 months but no longer than 6 months.

103MRequirements of club and secretary

(1)A restricted liquor permit is subject to the following conditions—

(a)the rules of the relevant club must comply with the schedule, unless the commissioner has given written permission to the club to vary the rules;

(b)if an amendment of the rules of the relevant club is adopted by the club—

(i)within 14 days after adoption of the amendment, the club’s secretary must give the commissioner a certified copy of the amendment; and

(ii)the amendment takes effect at the end of 28 days after the commissioner receives the certified copy unless the commissioner has disallowed the amendment by written notice given to the club’s secretary;

(c)the relevant club’s secretary must keep on the club premises a register of—

(i)the name and address of each club member; and

(ii)particulars of the most recent membership subscription paid by the member;

(d)the relevant club’s secretary must keep on the club premises a register of—

(i)the name of each guest of a member or visitor to the club premises; and

(ii)the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club;

(e)the relevant club’s secretary must keep the registers mentioned in paragraphs (c) and (d) open for inspection by an investigator at any time when the club is open.

(2)The regulations may prescribe amendments to which subsection (1)(b)(i) does not apply.

(3)An amendment to which subsection (1)(b)(i) does not apply takes effect as soon as it is adopted by the relevant club.

(3A)Subsection (1)(d) does not apply in relation to a guest or visitor who is—

(a)a minor; or

(b)a member of a reciprocal club if the guest or visitor provides evidence of membership of the reciprocal club when the guest or visitor enters the relevant club; or

(c)for a relevant club that is an RSL or Services Club—

(i)an RSL honorary member; or

(ii)a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club.

(3B)However, if the rules of the relevant club require a register to be kept for members of a reciprocal club, subsection (1)(d) continues to apply in relation to a guest or visitor who—

(a)is a member of that reciprocal club; and

(b)if the relevant club is an RSL or Services Club, is not also—

(i)an RSL honorary member; or

(ii)a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club.

(3C)To remove any doubt, subsection (1)(d) continues to apply in relation to a guest or visitor who is—

(a)a guest of a member of a reciprocal club; or

(b)for a relevant club that is an RSL or Services Club—

(i)a guest of an RSL honorary member; or

(ii)a guest of a defence member.

(4)A person must not make an entry in a register, or give information to someone else to enter in a register, mentioned in subsection (1)(c) or (d), that the person knows is false, misleading or incomplete in a material particular.

Maximum penalty—35 penalty units.

(4A)The relevant club’s secretary may keep the registers mentioned in subsection (1)(c) and (d) in hard copy or electronic form.

(5)It is enough for a complaint against a person for an offence against subsection (4) to state that the information entered was false, misleading or incomplete to the person’s knowledge.

(6)In this section—

relevant club means the club to which the permit relates.

103NAdult entertainment code

(1)There is to be an adult entertainment code (the code).

(2)The code prescribes the live entertainment that may be performed for an audience, by a person performing an act of an explicit sexual nature (adult entertainment), on licensed premises or premises to which a community liquor permit or restricted liquor permit relates under an adult entertainment permit.

(3)Adult entertainment does not include the performance of the following acts—

(a)sexual intercourse;

(b)masturbation;

(c)oral sex.

(4)The commissioner and the police commissioner are to make the code.

(5)The code is not effective until it is approved by the Governor in Council under a regulation.

(6)The commissioner must ensure that a copy of the code approved under subsection (5) is made available for inspection without charge, or for purchase during normal business hours at the office of the department in which this Act is administered.

(7)In this section—

oral sex has the meaning given by the Criminal Code, section 229E(5).

103OOnly licensees and permittees eligible for grant of adult entertainment permit

(1)A person is eligible to apply for, or to be granted, an adult entertainment permit only if the person is a licensee or the holder of a community liquor permit or restricted liquor permit.

(2)Subsection (1) does not limit another requirement about who may apply for, or the grant of, an adult entertainment permit under part 5.

103PAuthority of adult entertainment permit

(1)An adult entertainment permit authorises the permittee to provide adult entertainment only—

(a)in an area of the permittee’s premises approved by the commissioner (the approved area); and

(b)during the hours stated in the permit.

(2)The adult entertainment permit is subject to this Act and the conditions prescribed under a regulation or imposed by the commissioner.

103QApproved area to conform with requirements

Before the commissioner approves an area as an approved area, the commissioner must be satisfied the area conforms, or will conform, with this Act and the following requirements while adult entertainment is being provided in the area—

(a)the area must be fully enclosed in a way that prevents a person outside the area from seeing inside the area;

(b)the area must not contain, for the private use of persons attending the entertainment, a lounge, booth, compartment or cubicle (other than a toilet cubicle);

(c)another requirement prescribed under a regulation.

103RDuration of adult entertainment permit

An adult entertainment permit—

(a)is issued for the term stated in it, not longer than 3 years, unless it is sooner surrendered, suspended or cancelled under this Act; and

(b)is not renewable; and

(c)is not transferable.

103SAdult entertainment permit dependent on currency of licence or community liquor permit or restricted liquor permit

(1)This section applies if an adult entertainment permit is issued for licensed premises or for premises to which a community liquor permit or restricted liquor permit relates and—

(a)the licence or community liquor permit or restricted liquor permit ends or is suspended or cancelled; or

(b)the licensee or permittee surrenders the licence or community liquor permit or restricted liquor permit.

(2)If the licence or community liquor permit or restricted liquor permit ends, the adult entertainment permit also ends at the same time.

(3)If the licence or community liquor permit or restricted liquor permit is suspended, the adult entertainment permit is also suspended at the same time.

(4)If the licence or community liquor permit or restricted liquor permit is surrendered or cancelled, the adult entertainment permit is also surrendered or cancelled at the same time.

103TRestriction on grant of adult entertainment permit

(1)The commissioner must not grant an adult entertainment permit that would relate to premises at which a public event or private event is to be held other than for—

(a)if the applicant is a licensee—the main premises under the licence; or

(b)if the applicant is the holder of a community liquor permit or restricted liquor permit—the premises to which the permit relates.

(2)In this section, including in the definitions public event and private event as applying for this section—

main premises means licensed premises described in a licence other than—

(a)a detached bottle shop; or

(b)for a community club licence—premises mentioned in section 77(2).

103UAuthority of restricted area permit

(1)A restricted area permit authorises the permittee to have in possession in a restricted area more than the prescribed quantity of a type of liquor for the area—

(a)at the times and on the day or days, and for the purpose, stated in the permit; or

(b)during the period of not more than 1 year, and for the purpose, stated in the permit.

(2)The permit is subject to this Act and the conditions prescribed under a regulation or imposed by the commissioner.

103VRestriction on grant of restricted area permit

The commissioner must not grant an application for a restricted area permit unless the commissioner is satisfied—

(a)the amount of liquor the applicant has applied to have in possession is reasonable for the purpose stated in the application; and

(b)if the purpose is not merely personal to the applicant—another restricted area permit has not been issued to another person for the purpose.

103WAuthority of craft beer producer permit

(1)A craft beer producer permit authorises the permittee to—

(a)sell craft beer, produced by the permittee at the permittee’s craft brewery, to persons at a promotional event, with the written consent of the organiser of the event, for consumption away from the event; or

Note—

See section 172(4) in relation to the sale of craft beer by a permittee to persons at the promotional event by the taking or receiving of orders.

(b)supply craft beer, produced by the permittee at the permittee’s craft brewery, to persons at a promotional event, with the written consent of the organiser of the event, for consumption at the event, free of charge and for the purpose of sampling the craft beer.

(2)A craft beer producer permit applies—

(a)if the permit is granted for a single promotional event—during the promotional event; or

(b)if the permit is granted for a recurring promotional event—during each occurrence of the event—

(i)while the permit is in force; and

(ii)only if, for each occurrence—

(A)the same place is used; and

(B)the type of event remains the same.

Example of a recurring promotional event—

a fortnightly farmers market

(3)For subsection (1)(a), unless a condition imposed on the permit states otherwise, the total volume of craft beer that may be sold and supplied to each person at the promotional event, for consumption away from the event, is 9 litres.

(4)A craft beer producer permit is subject to the conditions stated in the permit.

103XRestriction on grant of craft beer producer permit

(1)The commissioner may grant a craft beer producer permit only—

(a)to the operator of a craft brewery; and

(b)if the commissioner is satisfied the operator will only sell or supply, to persons at the promotional event that is the subject of the permit, craft beer produced at the operator’s craft brewery.

(2)However, the commissioner must not grant a craft beer producer permit if—

(a)the total number of producer/wholesaler licences, or equivalent licences issued under the law of another State, held by the operator, and any related body corporate of the operator, is more than 1; and

(b)more than 5 million litres of beer is produced, in any financial year, at 1 or more of the following premises—

(i)licensed premises for a producer/wholesaler licence mentioned in paragraph (a);

(ii)premises to which an equivalent licence, mentioned in paragraph (a), relates.

103YDuration of craft beer producer permit

A craft beer producer permit—

(a)is issued for the term stated in it, of not longer than 3 months, unless it is sooner surrendered, suspended or cancelled under this Act; and

(b)is not renewable; and

(c)is not transferable.

103ZPremises to which craft beer producer permit relates

The premises to which a craft beer producer permit relates is—

(a)if the commissioner imposes a condition on the permit defining the area, at the venue of the promotional event the subject of the permit, in which the craft beer may be sold or supplied by the permittee to persons at the event—the area defined in the condition; or

(b)otherwise—the area, at the venue of the event, allocated by the organiser of the event to the permittee for the purpose of selling or supplying craft beer produced by the permittee to persons at the event.

103ZAConditions on craft beer producer permits

(1)The commissioner may impose conditions on a craft beer producer permit in relation to the following—

(a)the total volume of the permittee’s craft beer that may be sold to each person at a promotional event for consumption away from the event;

(b)for craft beer that may be supplied to persons at a promotional event, for consumption at the event, free of charge and for the purpose of sampling the craft beer—

(i)the total volume of the craft beer that may be supplied to each person at the event for the purpose of sampling; or

(ii)the volume of the individual samples that may be supplied to persons at the event.

(2)This section does not limit the power of the commissioner, under part 5, to impose, amend or revoke conditions on a permit.

105Requirements for applications

(1)An application for or relating to a licence or a permit for any purpose under this Act must—

(a)be made to the commissioner; and

(b)be in the approved form; and

(c)specify, or be accompanied by, the particulars prescribed by regulation; and

(d)be accompanied by the fee prescribed by regulation for an application of the relevant kind.

(2)The commissioner may, by written notice given to an applicant, require the applicant to give the commissioner further information or a document about the application within the reasonable time, not less than 30 days, stated in the notice.

(3)The requirement must relate to information or a document that the commissioner reasonably considers is necessary to help the commissioner decide the application and reasonable for the applicant to provide.

(4)The application is taken to be withdrawn by the applicant if—

(a)the commissioner has given the applicant a notice under subsection (2) requiring the applicant to give the commissioner further information or a document about the application; and

(b)the applicant has failed to comply with the requirement within the time stated in the notice unless the applicant provides the commissioner with an excuse for the failure that the commissioner considers to be a reasonable excuse.

105AAdditional requirement for particular applications—risk-assessed management plan

(1)Subsection (2) applies in relation to an application for or relating to a licence or restricted liquor permit made under section 105, other than an application for any of the following licences relating to low risk premises—

(a)a subsidiary on-premises licence (meals);

(b)a subsidiary off-premises licence if the principal activity stated in the licence is the provision of—

(i)floral arrangements; or

(ii)gift baskets.

(2)The application must be accompanied by—

(a)if the application is for a licence or restricted liquor permit—a proposed risk-assessed management plan for the premises to which the application relates; or

(b)if the application is a relevant application—a proposed revised risk-assessed management plan for the licensed premises.

(3)Subsections (4) and (5) apply in relation to an application made under section 105 for a licence mentioned in subsection (1)(a) or (b) relating to low risk premises if the commissioner considers an approved risk-assessed management plan or revised risk-assessed management plan for the premises is necessary to—

(a)ensure compliance with this Act; or

(b)give effect to an agreement about the management of premises that has resulted from a decision of the tribunal; or

(c)give effect to the main purposes of this Act mentioned in section 3(a); or

(d)minimise alcohol-related disturbances, or public disorder, in a locality.

(4)Before deciding the application, the commissioner may, by written notice to the applicant, require the applicant to give the commissioner within the reasonable period of not less than 30 days stated in the notice, a proposed risk-assessed management plan for the premises to which the application relates.

(5)The application is taken to be withdrawn if the applicant fails to comply with the notice, unless the commissioner considers the applicant has a reasonable excuse for the non-compliance.

(6)In this section—

low risk premises means premises the subject of an application to which all of the following apply—

(a)if the application were to be granted, the premises would not be the subject of—

(i)an adult entertainment permit; or

(ii)an extended trading hours approval that extends trading hours to include trading between 12a.m. and 5a.m.;

(b)the premises are not situated in a restricted area.

relevant application means an application for—

(a)the transfer of a licence; or

(b)a permanent variation of a licence; or

(c)an approval for a permanent change in a licensed area; or

(d)an extended trading hours approval; or

(e)an approval for a change in the principal activity of a business conducted under a licence; or

(f)a car park approval.

105BApplication for adult entertainment permit requires local government consent

(1)An application for an adult entertainment permit may be made only with the consent of the local government for the area in which the relevant premises are located.

(2)The application must include, or be accompanied by, the written consent or written evidence of the consent.

(3)However, subsection (1) does not apply to an application for an adult entertainment permit if—

(a)an adult entertainment permit (the previous permit) was previously granted for the relevant premises; and

(b)the application is made before, or no later than 30 days after, the previous permit expires.

(4)Also, subsection (1) does not apply if the local government abstains, in writing, from consenting to the application.

(5)In this section—

consent, of a local government to an application for an adult entertainment permit, does not include a development approval for the relevant premises.

relevant premises means the premises in relation to which the adult entertainment permit is sought.

106Who may apply for licence or permit

(1)An adult individual, or a corporation, may make application for a licence or permit.

(2)Also, an adult may apply for a licence or permit for or on behalf of an unincorporated association.

(3)A person who holds a brothel licence, or has an interest in a brothel, may not apply for or hold a licence or permit.

(4)Also, a local government, corporatised corporation or relevant public sector entity may not apply for or hold a commercial hotel licence.

107Restrictions on grant of licence or permit

(1)The commissioner may grant an application for a licence or permit only if the commissioner is satisfied that the applicant is not a disqualified person and is a fit and proper person to hold the licence or permit applied for having regard to—

(a)whether the applicant demonstrates knowledge and understanding of the obligations of a licensee or permittee of the relevant kind under this Act; and

(b)whether the applicant is a person of good repute who does not have a history of behaviour that would render the applicant unsuitable to hold the licence or permit applied for; and

(c)whether the applicant demonstrates a responsible attitude to the management and discharge of the applicant’s financial obligations; and

(d)whether the applicant has been convicted of a prescribed offence; and

(e)if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order.

(2)If the applicant is a corporation, or the commissioner knows, or suspects on reasonable grounds, that the applicant would hold any licence or permit granted on behalf of an unincorporated association or partnership, the commissioner must discharge the responsibility under subsection (1) by applying the subsection to—

(a)each executive officer of the corporation; or

(b)each person who is an executive officer of the association or a member of the partnership of whom the commissioner has knowledge;

as if each such person were the applicant.

(4)Subject to section 123, the commissioner may grant an application only if the premises to which it relates are, in the commissioner’s opinion, suitable for conduct of business under authority of the licence or permit applied for.

(5)The commissioner may obtain—

(a)a report from the police commissioner in relation to the criminal history of—

(i)an applicant for a licence or permit; and

(ii)each person to whom subsection (1) applies as if the person were the applicant; and

(b)if the applicant or person holds or previously held in another State or a Territory a relevant licence, permit, authority, interest or position—a report from the appropriate authority in the State or Territory.

(6)A report under subsection (5)(a) must—

(a)include reference to or disclosure of convictions of the applicant or person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6; and

(b)if the applicant or person is, or has been, the subject of a control order or registered corresponding control order—

(i)state the details of the order; or

(ii)be accompanied by a copy of the order.

(7)For subsection (1), the commissioner may not have regard to criminal intelligence in deciding whether a person is, or continues to be, a fit and proper person to hold a licence or permit under this Act.

(8)In this section—

permit does not include an adult entertainment permit.

107AAdditional restriction on grant of licence

(1)This section applies to an application for a licence made by an individual.

(2)The commissioner may grant the application only if the individual has, within 3 years before the day the application is granted, successfully completed the licensee’s course.

(3)Despite subsection (2), the commissioner may grant the application if the commissioner is satisfied the individual need not undertake the licensee’s course, having regard to the principal activity, and the nature and extent, of the business conducted, or to be conducted, under the licence.

(4)In this section—

individual does not include an individual who is applying for the licence in the capacity of chief executive of a department.

107BAdditional restriction on grant of permit

(1)This section applies to an application for a permit if the commissioner—

(a)reasonably believes that, having regard to the nature of the activity to be conducted under the permit and to minimise harm caused by alcohol abuse or misuse and associated violence, the applicant should undertake the licensee’s course and approved training course, or either course, before the permit is granted; and

(b)gives the applicant a written notice stating the applicant must undertake the licensee’s course and approved training course, or either course, before the permit is granted.

(2)The commissioner may grant the application only if the applicant successfully completes the course or courses stated in the notice.

(3)In this section—

nature, of the activity to be conducted under the permit, includes the duration, location or size of the activity.

permit does not include a restricted area permit.

107CCommissioner may impose conditions on licences and permits

(1)The commissioner may impose conditions on licences and permits—

(a)to ensure appropriate compliance with this Act; or

(b)to give effect to an agreement about the management of premises that has resulted from a decision of the tribunal; or

(c)to give effect to the main purpose of this Act mentioned in section 3(a); or

(d)to minimise alcohol-related disturbances, or public disorder, in a locality.

(2)Without limiting subsection (1), a condition may, and always could, require that a patron of licensed premises or premises to which a permit relates must not be allowed to enter the premises during a stated period of a day.

(3)Without limiting subsection (1), a condition of a commercial special facility licence relating to an airport or casino may, and always could, specify the trading hours for the licensed premises on Anzac Day, Good Friday or Christmas Day.

(4)A condition may provide for matters mentioned in section 173EG.

107CA Additional condition on adult entertainment permit

It is a condition of an adult entertainment permit that, if a controller who is the holder of an approval supervises adult entertainment on the permittee’s premises, the licensee or permittee must—

(a)keep a copy of the controller’s approval on the licensed premises at all times; and

(b)make a copy of the controller’s approval available for inspection by a police officer or investigator.

107DRestriction on grant of adult entertainment permit

(1)The commissioner may grant an application for an adult entertainment permit only if the commissioner is satisfied that—

(a)the applicant is a suitable person to provide adult entertainment in licensed premises (the relevant premises) or premises to which a community liquor permit or restricted liquor permit relates (also the relevant premises); and

(b)after considering that, if the application were granted, the combined total of licensed brothels and premises permitted to provide adult entertainment in the locality in which the relevant premises are situated would not substantially affect the character of the locality; and

Example of character of locality being substantially affected—

locality becoming a ‘red light district’

(c)the proposed approved area for the entertainment conforms with the requirements of section 103Q; and

(d)the applicant has submitted a proposed management plan in the approved form that provides for any matters prescribed under a regulation.

(2)Without limiting subsection (1), the commissioner must have regard to any comments of the relevant local government or police district officer received under section 117(2)(a).

107ESuitability of applicant for adult entertainment permit

(1)In deciding whether an applicant for an adult entertainment permit is a suitable person to provide adult entertainment, the commissioner must consider all relevant matters including the following—

(a)the applicant’s reputation, having regard to character, honesty and integrity;

(b)whether the applicant has been convicted of—

(i)an indictable offence; or

(ii)an offence against the Prostitution Act 1999; or

(iii)a prescribed offence;

(c)whether the applicant is an associate of a person who has been convicted of—

(i)an indictable offence; or

(ii)an offence against the Prostitution Act 1999; or

(iii)a prescribed offence;

(d)whether the applicant is an associate of a corporation, an executive officer of which has been convicted of—

(i)an indictable offence; or

(ii)an offence against the Prostitution Act 1999; or

(iii)a prescribed offence;

(e)whether the applicant has been charged with any offence of a sexual nature that involves violence, intimidation, threats or children, including the circumstances surrounding the laying of the charge and whether proceedings in relation to the charge are continuing or have been discontinued;

(f)whether the applicant’s business structure is sufficiently transparent to enable all associates of the applicant, whether individuals or bodies corporate, to be readily identified;

(g)whether the applicant has the ability to control the noise and behaviour of the number of persons that could reasonably be expected to be on and in the vicinity of the premises if the permit were granted;

(h)whether the applicant is a disqualified person;

(i)if the applicant or an associate of the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order;

(j)any other matters prescribed under a regulation.

(2)For subsection (1)(e), it does not matter whether the offence is alleged to have been committed in Queensland or elsewhere.

(3)For subsection (1), the commissioner may not have regard to criminal intelligence in deciding whether a person is, or continues to be, a suitable person to hold an adult entertainment permit under this Act.

107FApplication to be referred to police commissioner

(1)The commissioner must give to the police commissioner any particulars the commissioner considers relevant for each application for an adult entertainment permit.

(2)On receiving particulars of the application, the police commissioner—

(a)must make inquiries about the criminal history of the applicant, including whether the applicant is, or has been, the subject of a control order or registered corresponding control order; and

(b)must make inquiries about the criminal history of each associate of the applicant, including whether the associate is, or has been, the subject of a control order or registered corresponding control order; and

(c)must make any other inquiries about the application, including inquiries to the Prostitution Licensing Authority, the police commissioner considers appropriate.

(3)The police commissioner must report to the commissioner after receiving the results of the inquiries.

(4)The police commissioner’s report may include recommendations.

(5)The police commissioner’s report must—

(a)include reference to or disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6; and

(b)if the applicant or an associate of the applicant is, or has been, the subject of a control order or registered corresponding control order—

(i)state the details of the order; or

(ii)be accompanied by a copy of the order.

108More than 1 licence or adult entertainment permit may be held

(1)A person may apply for, and hold, more than 1 licence, whether of the same kind or of different kinds, or adult entertainment permit.

(2)In this section—

licence includes a permit, other than an adult entertainment permit.

110Application for grant of extended hours permit

(1)A licensee may apply for an extended hours permit for the licensed premises.

(2)An applicant for an extended hours permit must, at or about the time the application is given to the commissioner, also give a copy of the application to the police officer in charge of the locality in which the relevant premises are situated.

(3)The police officer may comment or object to the commissioner about the application within 14 days of receiving the copy of the application.

(4)In considering an application under this section, the commissioner must have regard to—

(a)any matter raised by the local government in whose area the premises to which the application relates are situated; and

(b)any objection or comment made to the commissioner by a police officer under subsection (3); and

(c)the impact on the amenity of the community.

(5)If an application is for extension of trading hours on a particular day to include trading between 12a.m. and 5a.m., the commissioner must also have regard to the following matters—

(a)the previous conduct of the applicant in discharging any duties under this Act previously placed on the applicant, especially for the premises for which the extension is sought;

(b)the applicant’s ability to control noise and behaviour of the number of persons that could reasonably be expected to be on and in the vicinity of the premises if the extension were granted;

(c)the suitability of the premises and its facilities for the purpose for which the extension is sought.

111Variation of licence

(1)A licensee may apply to vary a licence by amending or revoking a condition of the licence.

(1B)The holder of a producer/wholesaler licence also may apply to vary the licence by changing the description of the licensed premises under the licence.

(2)The commissioner may, on the commissioner’s own initiative, seek to vary a licence in relation to any 1 or more of the following—

(a)the restriction of the authority under the licence;

(b)the ordinary hours of the licence;

(c)the hours stated in the licence;

(d)the description of the licensed premises;

(e)the type, quantity and availability of liquor from the licensed premises;

(f)responsible practices in relation to the service, supply or promotion of liquor;

Examples for paragraph (f)—

1providing meals

2prohibiting takeaway sales of liquor to taxi drivers

3prohibiting a licensee holding a person’s financial-institution access card

(g)another matter for the purpose of—

(i)ensuring compliance with this Act; or

(ii)minimising alcohol-related disturbances, or public disorder, in a locality; or

(iii)otherwise giving effect to the main purpose of this Act mentioned in section 3(a).

(3)The ways the commissioner may seek to vary a licence under subsection (2) include imposing a new condition, amending a condition and revoking a condition.

(4)The commissioner may, under subsection (2), seek to make the same variation to each licence, or each licence of a particular class, for licensed premises in a particular safe night precinct, restricted area or other area.

Examples—

1The commissioner may seek to vary all the licences for licensed premises in a particular safe night precinct by imposing on each licence a condition requiring that a patron must not be allowed to enter the premises during a stated period.

2The commissioner may seek to vary all the commercial hotel licences for licensed premises in a central business district by imposing on each licence a condition under section 173EF(2).

112Procedure for variation by commissioner

(1)If the commissioner seeks to vary a licence—

(a)the commissioner must cause written notice to be given to the licensee; and

(b)the licensee may, within 14 days after receiving the notice, give to the commissioner written notice of objection to the proposed variation.

(1A)Also, if the commissioner proposes to vary a licence relating to licensed premises in a community area or part of a community area that is, or is in, a restricted area, the commissioner must give written notice of the proposed variation to—

(a)the police district officer for each locality in the restricted area; and

(b)the community justice group for the community area; and

(c)the chief executive of the department that administers the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.

(1B)An entity given a notice under subsection (1A) may, within 14 days, give to the commissioner written notice of objection to the proposed variation.

(2)This section does not apply to—

(a)a variation of a licence for a disciplinary action relating to the licence under section 137A; or

(b)the imposition of a condition on a licence for an exemption from the restriction on rapid consumption drinks under section 155AN; or

(c)the variation of a condition under section 155AP.

112ACompensation not payable for variation

Compensation is not payable to any person for the variation of a licence under section 111(2).

112BVariation of condition about noise—licensed premises in special entertainment precinct

(1)This section applies if—

(a)a licence is subject to a condition (a noise condition) about noise coming from the licensed premises; and

(b)the licensed premises are in a special entertainment precinct established by a local government under the Local Government Act 2009; and

(c)a licence, permit or other authority has been issued for the premises under a local law made by the local government under the Local Government Act 2009, including a licence, permit or other authority that has expired or been revoked or cancelled by the local government.

(2)The noise condition does not apply in relation to noise from amplified music played at the licensed premises.

(3)To remove any doubt, it is declared that this section no longer applies if the local government—

(a)revokes the special entertainment precinct; or

(b)changes the boundaries of the special entertainment precinct so that the premises are no longer within the precinct’s core area under the Local Government Act 2009.

113Application for transfer of licence

(1)On application made by—

(a)the licensee and the proposed transferee; or

(b)the owner, lessee or mortgagee of the licensed premises if—

(i)the licensee has been lawfully evicted from, or has abandoned, the licensed premises; or

(ii)the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; or

(iii)the licensee has ceased to conduct business in the licensed premises and has not agreed to the application;

the commissioner may transfer a licence (together with any extended trading hours approval held in association with the licence) to a person who could be granted the licence.

(2)The authority of the commissioner under subsection (1) is subject to the Gaming Machine Act 1991, section 78.

(3)On transfer of a licence, the transferee becomes the licensee and—

(a)has the authority conferred by the licence on the holder; and

(b)is subject to the obligations imposed by this Act or the conditions of the licence on the holder; and

(c)is subject to the obligations imposed on the transferor or any previous holder of the licence by order of the commissioner, or requisition of an investigator, that has not been complied with.

113ATransfer of licence or permit held for or on behalf of unincorporated association

(1)This section applies if—

(a)a person holds a licence or permit for or on behalf of an unincorporated association; and

(b)the association becomes incorporated.

(2)The person and the incorporated association must, within 3 months after the association is incorporated, apply to the commissioner for the licence or permit to be transferred to the incorporated association.

115Commissioner’s responsibility on application for transfer or franchising of a licence

On application made for the commissioner’s approval that—

(a)a licence or permit be transferred; or

(b)licensed premises, or any part, be let or sublet; or

(c)the right to sell liquor be let or sublet; or

(d)a franchise, or management rights of a similar nature, be granted for licensed premises, or a part of licensed premises;

sections 107 to 108 apply as if the proposed transferee, lessee, sublessee, franchisee or proposed holder of management rights were an applicant for a licence, and the commissioner must not approve the application unless the requirements of the sections are satisfied.

116When community impact statement to be given to commissioner

(1)The following applications must be accompanied by a statement complying with subsections (8) and (9) (a community impact statement)—

(a)an application for a licence, other than a community other licence;

(b)an application, under section 111, by a licensee for a variation of the licence;

(c)an application for an extended trading hours approval mentioned in section 86(1).

(2)However, the commissioner may waive the requirement for a community impact statement if—

(a)any of the following apply—

(i)the application does not involve a significant change to the licensed premises or the nature or extent of the business carried on from the licensed premises;

(ii)the premises are in a remote location;

(iii)the purpose of the community impact statement has been, or can be, achieved by other means;

(iv)other special circumstances exist; and

(b)because of a matter mentioned in paragraph (a), the commissioner is satisfied the statement is not necessary.

(3)Also, without limiting subsection (2), the commissioner may waive the requirement for a community impact statement for an application for a subsidiary on-premises licence (meals) if—

(a)the proposed licensed premises are located in a commercial complex; and

(b)the grant of the licence will not include the grant of an extended trading hours approval for trading between 12a.m. and 1a.m.; and

(c)the commissioner is satisfied—

(i)the grant of the licence will not adversely affect the amenity of the community; and

(ii)amplified entertainment, including, for example, amplified music, will not be provided at the premises.

(4)Subsection (5) applies to the following applications—

(a)an application for a community other licence;

(b)an application for a commercial public event permit or community liquor permit.

(5)If the commissioner reasonably believes granting the application may be inconsistent with the main purpose of this Act mentioned in section 3(a), the commissioner may, by written notice given to the applicant, require the applicant to give the commissioner a community impact statement in relation to the application within 60 days after the giving of the notice.

(6)The applicant is taken to have withdrawn the application if, within the time stated in subsection (5), the applicant does not comply with the requirement under subsection (5).

(7)The purpose of a community impact statement is to help the commissioner assess the impact on the community concerned if the application were granted, having regard to the main purpose of this Act mentioned in section 3(a).

(8)A community impact statement must address the following—

(a)the existing and projected population and demographic trends in the locality;

(b)the number of persons residing in, resorting to or passing through the locality, and their respective expectations;

(c)the likely health and social impacts that granting the application would have on the population of the locality;

(d)an assessment of the magnitude, duration and probability of the occurrence of the health and social impacts;

(e)the proximity of the proposed licensed premises or proposed premises to which the permit is to relate to identified sub-communities within the locality, including, for example, schools and places of worship, and the likely impact on those sub-communities.

(9)In preparing a community impact statement, the applicant must have regard to relevant guidelines issued by the commissioner.

117Advice about application etc.

(1)As soon as practicable after the commissioner receives a relevant application, the commissioner must tell the following about the application—

(a)the local government for the relevant locality;

(b)if the application is for an extended trading hours approval or an adult entertainment permit—the police district officer for the locality;

(c)if the application is in relation to premises that are in a priority development area, or that are, or are on, PDA-associated land for a priority development area—MEDQ.

(2)The local government or police district officer may—

(a)comment on the reasonable requirements of the public in the locality; or

(b)object to the grant of the relevant application on the grounds that the amenity, quiet or good order of the locality would be lessened.

(3)MEDQ may comment on, or object to, the grant of the relevant application if the comment or objection is in relation to MEDQ’s functions under the Economic Development Act 2012.

(4)A comment or objection made by an entity under subsection (2) or (3) must be given to the commissioner—

(a)if the relevant application was required to be advertised—on or before the last day for filing objections to the application; or

(b)in any other case—within 14 days after the entity receives advice from the commissioner about the application, or within a longer time stated by the commissioner in the advice.

(5)In this section—

relevant application means—

(a)an application for which a community impact statement must be given under section 116; or

(b)an application for a community club licence; or

(c)an application for an adult entertainment permit; or

(d)another application the commissioner reasonably considers may adversely affect the amenity, quiet or good order of a locality.

117AComments about particular applications

(1)As soon as practicable after the commissioner receives an application relating to a restricted area, the commissioner may ask any 1 or more of the following to give the commissioner comments about the application—

(a)the local government that may exercise jurisdiction in the area;

(b)the police district officer for the locality to which the application relates;

(c)if the area is or is in a community area—the community justice group for the area;

(d)the chief executive of the department that administers the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984;

(e)if the area is in or includes a priority development area, or is or includes PDA-associated land for a priority development area—MEDQ.

(2)However, MEDQ may give the commissioner comments about the application only if the comments are in relation to MEDQ’s functions under the Economic Development Act 2012.

(3)In deciding the application, the commissioner must have regard to comments received from the entities mentioned in subsection (1).

Note—

See also section 121.

118Advertisement of applications

(1)An application for the following must be advertised under this section—

(a)a licence or variation of a licence, other than—

(i)an application for a subsidiary on-premises licence (meals); or

(ii)an approval of a detached bottle shop;

(b)a subsidiary on-premises licence (meals) for premises if—

(i)the commissioner gives the applicant a notice under section 118AA; or

(ii)the applicant has also applied for an extended trading hours approval for the premises that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m.;

(c)an approval of a detached bottle shop, if—

(i)the commissioner gives the applicant a notice under section 118AA; or

(ii)the detached bottle shop will, if the application is approved, be open for business after 10p.m.;

(d)an extended trading hours approval or variation of an extended trading hours approval;

(e)an adult entertainment permit, other than a one-off permit or subsequent permit;

(f)another application that the commissioner requires, by written notice to the applicant, to be advertised.

(2)If an application must be advertised, the applicant must—

(a)display a copy of the notice on a sign the dimensions of which (including dimensions of the print) are approved by the commissioner, generally or in a particular case; and

(b)ensure the copy is displayed conspicuously for 28 days immediately before the last day for making submissions about the reasonable requirements of the public in the locality or filing objections to the application.

(3)For subsection (2)(a), the sign must be displayed—

(a)if the land on which the premises to which the application relates has only 1 road frontage—conspicuously, on the front alignment of the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public; and

(b)if the land on which the premises to which the application relates has more than 1 road frontage—conspicuously, on the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public on each road frontage.

(4)The commissioner may—

(a)waive or vary the publication and display requirements for an application if the commissioner is satisfied that publication and display under subsection (2) is not necessary because of the remote location of the premises or other special circumstances; or

(b)vary the display requirements for an application, including by requiring the applicant to comply with other requirements, if the commissioner is satisfied that display under subsection (2) is not appropriate having regard to the specific nature of the location.

(5)Subject to subsection (6), the applicant must give to the commissioner evidence of satisfying the publication and display requirements under subsection (2) or (4).

(6)The commissioner may approve publication and display that—

(a)substantially complies with subsection (2); or

(b)has already taken place for another purpose and substantially complies with subsection (2).

(7)In deciding whether to require an application for an adult entertainment permit to be advertised, that is an application for a one-off permit or subsequent permit, the commissioner must have regard to—

(a)for a one-off permit—whether the frequency, location, size or timing of the adult entertainment may cause some community concern; and

(b)for a subsequent permit—whether a previous adult entertainment permit exists or has lapsed or whether there are specific problems relating to the locality of the licensed premises, including, for example, the use of the premises for adult entertainment, or the behaviour of persons entering or leaving the premises, may cause undue annoyance or disturbance to persons living or working or doing business in the neighbourhood of the premises.

(8)If an application mentioned in subsection (1) is made, the commissioner must publish notice of the application on the department’s website.

(9)In this section—

one-off permit means an adult entertainment permit for a term of less than 4 days.

subsequent permit means an adult entertainment permit relating to a person for premises if the person was, within the preceding 6 months of the date of the application for the subsequent permit, previously the holder of an adult entertainment permit for the premises, other than a one-off permit.

118AA Commissioner may give notice requiring advertisement of particular applications

(1)This section applies in relation to an application for—

(a)a subsidiary on-premises licence (meals); or

(b)an approval of a detached bottle shop.

(2)The commissioner may give a notice to the applicant requiring the application to be advertised under section 118 if any of the following apply—

(a)for an application for a subsidiary on-premises licence—the commissioner reasonably considers that amplified entertainment, including, for example, amplified music, will be provided at the premises if the application is granted;

(b)the commissioner reasonably considers the amenity of the community may be adversely affected by the grant of the application;

(c)the premises the subject of the application are not situated in a commercial complex;

(d)the commissioner otherwise reasonably considers the application should be advertised having regard to the main purpose of this Act mentioned in section 3(a).

118ASubmissions

(1)This section applies if a notice is published under section 118 about an application for which a community impact statement must be given under section 116.

(2)A member of the public may make a written submission to the commissioner about the matters mentioned in section 116(8).

(3)In this section—

member of the public has the meaning given by section 119.

119Objection by member of public to grant of applications

(1)If notice of an application is published as required by section 118, any member of the public may object to the grant of the application, by writing filed with the commissioner on or before the last day for filing of objections as specified in the notice.

(2)An objection may be made individually or by petition.

(3)The grounds on which an objection about an application, other than an application for an adult entertainment permit, may be made are that, if the application were granted, 1 or more of the following may happen—

(a)undue offence, annoyance, disturbance or inconvenience to persons who reside, work or do business in the locality concerned, or to persons in, or travelling to or from, an existing or proposed place of public worship, hospital or school;

(b)harm from alcohol abuse and misuse and associated violence;

(c)an adverse effect on the health or safety of members of the public;

(d)an adverse effect on the amenity of the community.

(4)The grounds on which an objection about an application for an adult entertainment permit may be made are that, if the application were granted, 1 or more of the following may happen—

(a)undue annoyance, disturbance or inconvenience to persons who reside, work or do business in the locality concerned, or to persons in, or travelling to or from, an existing or proposed place of public worship, hospital, school, or other facility or place regularly frequented by children for cultural or recreational activities;

(b)harm from alcohol abuse and misuse and associated violence;

(c)an adverse effect on the health or safety of members of the public;

(d)an adverse effect on the amenity of the community.

(5)In subsection (1)—

member of the public means any adult individual or body of persons that in the commissioner’s opinion—

(a)has a proper interest in the locality concerned; and

(b)is likely to be affected by the grant of the application.

119AObjection by Minister to grant of applications having significant community impact

(1)This section applies if notice of an application for either of the following is advertised under section 118—

(a)a licence or variation of a licence;

(b)an extended trading hours approval or variation of an extended trading hours approval.

(2)The Minister may object to the grant of the application, by writing filed with the commissioner on or before the last day for filing of objections as stated in the notice.

(3)The grounds on which an objection about an application may be made are that, if the application were granted, 1 or more of the following may happen—

(a)undue offence, annoyance, disturbance or inconvenience to persons who reside, work or do business in the locality concerned, or to persons in, or travelling to or from, an existing or proposed place of public worship, hospital or school;

(b)harm from alcohol abuse and misuse and associated violence;

(c)an adverse effect on the health or safety of members of the public;

(d)an adverse effect on the amenity of the community.

120Requirements of objection by petition

(1)An objection purporting to be by petition to the grant of an application is ineffective, and may be disregarded, unless—

(a)each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and

(b)each signatory to the petition adds particulars of his or her connection with the locality to which the application relates; and

(c)each sheet of the petition states the name of the petition’s sponsor with whom all contact between the commissioner and the signatories to the petition is to take place.

(2)A notice given by the commissioner, or the director, to the sponsor of the petition is taken to be given to all signatories to the petition.

121Matters the commissioner must have regard to

In deciding whether to grant the application, the commissioner must have regard to—

(a)if a community impact statement is required to be given for the application under section 116—

(i)the matters mentioned in section 116(8); and

(ii)the public interest in so far as it relates to the main purpose of this Act mentioned in section 3(a) or the impact on the amenity of the community; and

(b)an objection to the grant of the application made under section 117, 119 or 119A; and

(c)comments made in relation to the application under section 117; and

(d)the impact on the amenity of the community concerned; and

(e)for an application for an extended trading hours approval mentioned in section 86(1)—

(i)the previous conduct of the applicant in discharging any duties under this Act previously placed on the applicant, especially for the premises for which the extension is sought; and

(ii)the applicant’s ability to control the noise and behaviour of the number of persons that could reasonably be expected to be on and in the vicinity of the premises if the extension were granted; and

(iii)the suitability of the premises and its facilities for the purpose for which the extension is sought; and

(f)any relevant conditions imposed on a development approval that relates to premises the subject of the application.

Note—

See also sections 107D, 110 and 117A.

121ACommissioner must publish information after granting particular applications

(1)This section applies if—

(a)the commissioner receives an application for an extended trading hours approval; and

(b)under section 117, the police district officer for the locality objects to the grant of the application; and

(c)the commissioner grants the application.

(2)The commissioner must publish, on the department’s website, information about how public safety concerns will be addressed in relation to the licensed premises to which the approval applies.

(3)The information must—

(a)be published on the department’s website as soon as practicable after the commissioner grants the application; and

(b)continue to be published for a period of at least 3 months.

122Procedure on receipt of objections

(1)The commissioner must give to the applicant written notice of all objections properly made to the grant of an application advertised under section 118.

(2)The notice of objections—

(a)must either specify the ground of the objection or consist of a copy of the objection; and

(b)must be given to the applicant within 7 days after the last day for lodging objections as specified in the relevant notice under section 118(4).

(3)In this section—

objection includes an objection made by the Minister under section 119A.

123Commissioner may grant provisional licence

(1)This section applies if—

(a)the commissioner assesses an application for a licence, including, for example, the principal activity of a business to be conducted under the proposed licence and the requirements of sections 107 and 107A in relation to the application; and

(b)a development approval has been given for the use of the land on which the proposed premises will be situated for licensed premises; and

(c)the commissioner would grant the application if a building or structure forming part of the proposed premises—

(i)were completed under the law relating to carrying out building work; or

(ii)were approved or certified as required by law for use as licensed premises and, if the case requires it, for conduct in the premises of a business for which the licence was sought.

(2)The commissioner may grant the application provisionally and issue a provisional licence subject to a condition that the applicant produces evidence of the completion of the building work or approval or certification as required by law, as mentioned in subsection (1)(c).

(3)The provisional licence must state—

(a)the evidence the applicant is required to produce; and

(b)that if the applicant produces the stated evidence to the satisfaction of the commissioner within the relevant period for the development approval, the applicant is entitled to a stated licence; and

(c)that if the applicant does not produce the stated evidence within the relevant period, the applicant’s provisional licence will be cancelled.

123ACommissioner may grant authority to trade for staged development

(1)This section applies if—

(a)the commissioner assesses an application for a licence, including, for example, the principal activity of a business to be conducted under the proposed licence and the requirements of sections 107 and 107A in relation to the application; and

(b)the construction or alteration of the proposed premises is to be completed in stages and 1 or more of the stages has been completed; and

(c)the business to be conducted in a completed stage meets the principal activity under the proposed licence and has been approved or certified as required by law for use as licensed premises and, if the case requires it, for conduct in the premises of a business for which the licence was sought; and

(d)the commissioner would grant the application if all the stages of the construction or alteration of the premises were completed.

(2)The commissioner may grant the application provisionally and issue an approval (a staged development approval) subject to a condition that the applicant produces evidence of the completion of the remaining stages of the construction or alteration of the premises.

(3)The staged development approval must state—

(a)the evidence the applicant is required to produce before the application for the licence will be granted; and

(b)the part of the premises in which the applicant is authorised to operate the business the subject of the application until the licence is granted; and

(c)that if the applicant produces the stated evidence within a stated reasonable time, not more than 2 years, the applicant is entitled to a stated licence.

123BProvisional licence or staged development approval

(1)A provisional licence remains in force for the relevant period for the development approval in relation to which the licence is granted.

(1A)A staged development approval remains in force for the stated reasonable time from the day on which the approval is granted.

(2)The commissioner may renew a provisional licence, for a period of not more than 1 year, if the commissioner reasonably considers there are special circumstances for the applicant not producing the evidence stated in the licence within the relevant period for the development approval in relation to which the licence is granted, including, for example, delays in completing the proposed premises because of adverse weather conditions.

(3)A provisional licence can not be renewed more than once.

(4)The commissioner may, after considering a matter to which the commissioner may have regard in making a decision to grant a licence of the type the subject of a staged development approval, renew the approval for a period of not more than 2 years.

(5)A staged development approval may be renewed a maximum of 4 times.

123CEffect of provisional licence

(1)A provisional licence in relation to an application for a licence does not give the applicant authority to operate the business the subject of the application until the licence is granted.

(2)If, while a provisional licence is in force, the holder of the licence produces the evidence stated in the licence to the satisfaction of the commissioner, the commissioner must grant the appropriate licence.

(3)If the holder of a provisional licence does not produce the evidence stated in the licence while it is in force, the commissioner must cancel the provisional licence.

(4)The cancellation of a provisional licence takes effect despite another provision of this Act.

124Effect of staged development approval

(1)A staged development approval in relation to an application for a licence authorises the applicant to sell and supply liquor as if—

(a)the approval were the licence the subject of the application; and

(b)the part of the premises stated in the approval in which the applicant is authorised to operate the business the subject of the application were licensed premises; and

(c)the applicant were the licensee.

(2)If, while a staged development approval is in force, the holder of the approval produces the evidence stated in the staged development approval, the commissioner must grant the appropriate licence.

125Temporary authority

(1)If licensed premises are wholly or partially destroyed, or are damaged to such an extent that they are unsuitable for conduct of business under authority of the licence—

(a)the licensee must discontinue business under authority of the licence until a temporary authority is granted under paragraph (b); and

(b)the commissioner may, on application made by the licensee, grant to the licensee a temporary authority to conduct business under authority of the licence.

(2)A temporary authority may be granted in respect of—

(a)any part or parts of the licensed premises; or

(b)any neighbouring premises;

for the period the commissioner considers reasonable, although such part or parts, or neighbouring premises, do not satisfy the requirements of this Act or of the commissioner.

(3)If the licence for the licensed premises is a commercial hotel licence, the commissioner may grant temporary authority even though part of the business that is the principal activity under the licence can not be conducted in the premises that are the subject of the authority.

Example of subsection (3)—

If a hotel is destroyed by fire but there is a detached bottle shop covered by the licence, the temporary authority may be given for the detached bottle shop even though the hotel is not able to operate or can not be rebuilt for a period of time.

(4)A temporary authority may be—

(a)granted for 1 term stated in the authority, but not longer than 2 years; and

(b)extended for a term or terms, each of which is not longer than 2 years, if the commissioner is satisfied there are special circumstances for not restoring the premises within the original term or the most recent extension of the term, including, for example—

(i)continuing investigations about the destruction of the premises; or

(ii)difficulties in obtaining development approval for rebuilding the premises.

(5)The commissioner may impose conditions on the temporary authority—

(a)to ensure appropriate compliance with this Act; or

(b)to give effect to the main purpose of this Act mentioned in section 3(a); or

(c)to minimise alcohol-related disturbances, or public disorder, in a locality.

(6)While a temporary authority is in force, the part or parts of licensed premises, or neighbouring premises, to which it relates are, for the purposes of this Act, the licensed premises to which the existing licence relates.

126Variation or transfer to be endorsed on licence

(1)If a licence is varied, the commissioner must cause an appropriate endorsement to be made on the licence.

(2)If a licence is transferred, the commissioner must cause an appropriate endorsement to be made on the licence.

(3)The commissioner may, by written notice, require a licensee to produce the licence for endorsement under subsection (1) or (2).

127Duplicate licence or permit

(1)On application made by a licensee or permittee, the commissioner may issue to the applicant a duplicate of the licence or permit, or of any part, with the word ‘duplicate’ marked on it.

(2)A duplicate—

(a)must be a true record of the original licence or permit, or part, of which it purports to be a duplicate; and

(b)must bear all endorsements made on the original licence or permit, or part, that remain effective at the time of issue of the duplicate; and

(c)must be certified by the commissioner as complying with paragraphs (a) and (b).

(3)A duplicate that complies with subsection (2)—

(a)is valid for all purposes as the original licence or permit; and

(b)is admissible in evidence and for all purposes to the same extent as the original licence or permit.

128Liability of licensees in certain cases

(1)If a licence is held—

(a)by a corporation—each of the directors of the corporation is subject to the same liabilities under this Act as a licensee; or

(b)for or on behalf of an unincorporated association, and the licensee is absent from the management and supervision of the business conducted under authority of the licence—each of the members of the association’s management committee is subject to the same liabilities under this Act as a licensee.

(2)In subsection (1)(a)—

liability does not include a liability for an offence committed by a corporation.

128AApplication of div 1A

(1)This division applies to the commissioner for the purpose of making a decision under this Act, in relation to relevant premises, about the effects of a thing on—

(a)the health and safety of members of the public; or

(b)the amenity of a community or locality.

(2)This division does not limit the matters the commissioner may consider in making the decision.

(3)In this section—

relevant premises means —

(a)licensed premises; or

(b)premises to which a permit relates; or

(c)premises for which an application for a licence or permit has been made.

128BParticular matters the commissioner may consider

(1)The matters that the commissioner may consider include—

(a)the disbursement of persons leaving the relevant premises; and

(b)the availability of public transport during, and immediately before or after, the hours of operation of the relevant premises; and

(c)the nature and level of noise from the relevant premises.

(2)The commissioner may consider whether any of the following has happened, and the likelihood of any of the following happening, in relation to the behaviour of persons in or near the relevant premises—

(a)violence;

(b)vandalism;

(c)nuisance;

(d)drunkenness;

(e)public urination, vomiting or defecation;

(f)disorderly, riotous, threatening, indecent, offensive or insulting behaviour;

(g)noisiness;

(h)obstruction of a road, footpath or other thoroughfare.

128CConditions relating to public safety or amenity

The conditions that the commissioner may impose on a licence or permit under part 5 to give effect to the main purpose of this Act mentioned in section 3(a) include a condition about any of the following—

(a)the days on which, or times during which, liquor may be sold on the relevant premises;

(b)the availability of liquor from the relevant premises, including the type or quantity of liquor that may be sold on the relevant premises;

(c)the adoption of stated responsible practices about service, supply or promotion of liquor;

(d)the adoption of stated noise abatement measures;

Examples—

•a condition relating to the structure of the premises

•a condition about the conduct of the business at the premises

(e)the adoption of stated security arrangements.

Examples—

•a condition requiring a stated number of security staff by reference to the number of patrons in the relevant premises

•a condition requiring closed-circuit television equipment to be used at stated places on the licensed premises

129Applications to continue trading in certain circumstances

(1)The following persons may apply to the commissioner to conduct the business of a licensee on licensed premises—

(a)if a licensee is dead—a person entitled to be appointed as the legal personal representative of the deceased licensee;

(b)if the licensee is bankrupt or has taken advantage of the laws of bankruptcy—a person in possession of the licensed premises who is entitled to administer the affairs of the licensee;

(c)if the licensee is a corporation—a person in possession of the licensed premises who has been appointed to manage or wind up the affairs of the licensee;

(d)a guardian of a licensee or an administrator or manager of the estate of a licensee.

(2)If any of the following circumstances happen in relation to a licence or licensed premises, the owner or mortgagee of the licensed premises, or the owner of a financial interest in the trading of the licensed premises, may also apply to the commissioner to conduct the business of the licensee on the licensed premises—

(a)a licensee ceasing to conduct business on the premises under authority of the licence;

(b)the lessee or sublessee of the right to sell liquor ceasing to conduct business on the premises under authority of the licence;

(c)a licensee who holds the licence as a member of a partnership ceasing to be a member of the partnership;

(d)the commissioner has ordered cancellation of the licence but the order has not taken effect.

(3)If the application is made in circumstances mentioned in subsection (2)(d), the order for cancellation is stayed until the application is disposed of by the commissioner.

(4)Also, each of the following persons may apply to the commissioner to conduct the business of a community club licence if the person is in possession of the licensed premises and the application states, in detail, the way in which the person will continue trading under the community club licence for the benefit of the club—

(a)an owner or mortgagee of the licensed premises who has, under section 44A(2), given the commissioner particulars of the person’s interest in the licence;

(b)an owner of a financial interest in the trading of the licensed premises who has, under section 44A(2), given the commissioner particulars of the person’s interest in the licence.

(5)Despite subsections (1), (2) and (4), a person may apply to the commissioner under this section only if the person is a person who may make an application under section 106.

130Where approval under s 129 not obtained

If application under section 129—

(a)is not made within 7 days after a person becomes entitled to make such an application; or

(b)is not granted by the commissioner;

the licensed premises to which an application (if made) would have related, or to which the application made relates, are taken to be unlicensed premises until an application under section 129 is granted by the commissioner.

131ADecision by commissioner on application to continue trading in certain circumstances

(1)This section applies if an application is made under section 129.

(2)If an applicant is the occupier or is entitled to possession of the licensed premises, the commissioner may authorise the applicant to conduct business on licensed premises under authority of the licence on an interim basis.

(3)The commissioner may impose conditions on the authority under subsection (2)—

(a)to ensure appropriate compliance with this Act; or

(b)to give effect to the main purpose of this Act mentioned in section 3(a); or

(c)to minimise alcohol-related disturbances, or public disorder, in a locality.

(4)Without limiting subsection (3), the commissioner may impose a condition requiring the applicant to successfully complete the licensee’s course and approved training course, or either course, within 3 months after the authority is given.

(5)The authority under subsection (2) continues until the earliest of the following happens—

(a)the application on which it is made is disposed of by the commissioner;

(b)the authority is revoked by the commissioner because the applicant contravenes this Act or a condition of the licence or authority;

(c)the authority expires.

(6)If the application is made by a person as mentioned in section 129(4), the maximum period for an authority given under subsection (2) is not for more than 6 months after the date of the application.

(7)While the authority under subsection (2) continues, the applicant is subject to this Act as if the applicant were the licensee of the licensed premises.

(8)If the commissioner is satisfied that the applicant is not a disqualified person and is a fit and proper person to conduct the business under the authority of the licence, the commissioner may authorise the applicant to conduct the business under the authority of the licence.

(9)If the application was made because of an order for cancellation of the licence and the commissioner authorises the conduct of the business under subsection (8), the order for cancellation is set aside.

(10)If the commissioner is not satisfied about the matters mentioned in subsection (8), the commissioner must reject the application and may make an order under section 132.

(11)On the commissioner’s rejection of the application—

(a)if an authority under subsection (2) is still in force—the authority is revoked; and

(b)if the application was made because of an order for cancellation of a licence—the commissioner’s order for cancellation of the licence takes effect.

(12)For forming the satisfaction mentioned in subsection (8), the commissioner may have regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is not a disqualified person and is a fit and proper person to hold a licence.

131BSection 129 applicants may apply under s 113

A person who may apply under section 129, may apply under section 113 for the transfer of the licence even though the person is not a person mentioned in section 113.

132Discharge of licensee or permittee from obligations

If—

(a)a licensee who is not the sole owner of licensed premises, has ceased to conduct business on the premises under authority of the licence; or

(b)a licensee who holds the licence as a member of a partnership has ceased to be a member of the partnership;

the commissioner may, by order, do all or any of the following—

(c)discharge the licensee prospectively from obligations under this Act in relation to the licensed premises;

(d)suspend the licence until—

(i)the licence has been properly transferred; or

(ii)a person has been authorised by the commissioner under section 131A to conduct business under authority of the licence;

as the case may require.

133Request to surrender

(1)An appropriate person may request the commissioner to accept a surrender of the licence.

(2)A permittee may, by writing given to the commissioner, surrender the permit at any time.

(3)A request under subsection (1)—

(a)must be made in writing by the appropriate person; and

(b)must be accompanied or supported by—

(i)the consent of all mortgagees or lessees of the licensed premises, or part of the licensed premises, who have given the commissioner particulars under section 44A; and

(ii)enough information to enable the commissioner to decide the request, including the information prescribed under a regulation for this subparagraph; and

(c)in the case of surrender of a licence held by a club—must be accompanied by a copy of a minute (certified as correct by the licensee) that evidences adoption by the club of a resolution for surrender of the licence.

(3A)Despite subsection (3)(b)(i), the request need not be accompanied or supported by a consent mentioned in that subparagraph if, after making reasonable efforts, the appropriate person can not obtain the consent.

(3B)If subsection (3A) applies to a request under subsection (1), the commissioner must as soon as practicable give written notice of the request to each owner, mortgagee or lessee of the licensed premises, or part of the licensed premises, under the licence who—

(a)holds an interest in the licence; and

(b)has given the commissioner particulars about the interest under section 44A.

(3C)However, subsection (3B) does not require the commissioner to give the notice to—

(a)the appropriate person who made the request; or

(b)a person whose consent accompanied or supported the request.

(4)The commissioner must cause written notice of a request made by an appropriate person under subsection (1) to be given to each secured creditor of the appropriate person—

(a)whose interest as creditor is registered with the commissioner; and

(b)whose interest as creditor is likely to be affected by surrender of the licence; and

(c)whose written consent to surrender of the licence does not accompany the request.

(5)A person given notice under subsection (3B) or (4) who wishes to oppose the surrender requested is entitled to furnish, within 14 days after receiving the notice, a submission to the commissioner specifying the grounds of opposition.

(6)If a surrender is accepted, the licence continues in force until a day fixed by the commissioner for its termination, by written notice given to the licensee.

(7)Surrender of a licence or permit does not affect any liability incurred by the licensee or permittee before the surrender takes effect.

(8)In this section—

appropriate person, in relation to the surrender of a licence, means—

(a)the licensee, if the licensee is sole owner of the licensed premises; or

(b)the owner, lessee or mortgagee of the licensed premises, if any of the following apply—

(i)the licensee has been lawfully evicted from, or has abandoned, the licensed premises;

(ii)the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated;

(iii)the licensee has ceased to conduct business in the licensed premises and has not agreed to the request; or

(c)the licensee and the owner of the licensed premises, if paragraph (a) or (b) does not apply.

134Cancellation, suspension or variation of permits

(1)The commissioner may, on the commissioner’s own initiative, cancel, suspend or vary a permit if the commissioner is satisfied that—

(a)the permittee has contravened—

(i)this Act or a racing offence provision; or

(ii)a condition stated in the permit; or

(iii)an order of the commissioner or a requisition of an investigator; or

(b)the use of the premises in relation to which the permit is held has caused, or is causing, an adverse effect on the amenity of the area in which the premises are located; or

(c)the permittee is not, or is no longer, a fit and proper person to hold the permit.

(2)Also, the commissioner may vary a permit that relates to premises in a restricted area to make the conditions of the permit consistent with the conditions of licences for licensed premises in the area.

(2A)The ways the commissioner may vary a permit under subsection (1) include imposing a new condition, amending a condition and revoking a condition.

(2B)For subsection (1)(c), the commissioner may have regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is a fit and proper person to hold a permit.

(3)The commissioner must immediately cancel a permit if the commissioner is satisfied the permittee has become a disqualified person.

(4)Subsection (5) applies if an adult entertainment permit has been issued for licensed premises or premises to which a community liquor permit or restricted liquor permit relates, and the commissioner—

(a)is advised that the licensee has ceased to conduct the business authorised by the licensee’s licence on the premises; or

(b)receives an application to transfer the licence because of the sale of the business authorised by the licensee’s licence on the premises; or

(c)receives an application to conduct the business of a licensee on licensed premises under section 129; or

(d)receives a notice from a corporation under section 150 about a change in the controlling interest in the corporation.

(5)The commissioner must, by written notice, cancel the adult entertainment permit.

(6)If subsection (4)(a) applies, the notice must be given to the person controlling, or apparently controlling, the premises and takes effect on giving the notice.

(7)If subsection (4)(b) applies—

(a)if the licensee has ceased to conduct the business—the notice must be given to the person controlling, or apparently controlling, the premises and takes effect from the date of the notice; or

(b)if the licensee continues to conduct the business until the date of settlement of the sale—the notice must be given to the licensee and takes effect from the date of settlement.

(8)If subsection (4)(c) applies, the notice must be given to the person controlling, or apparently controlling, the premises and takes effect 28 days after the date of the notice.

(9)If subsection (4)(d) applies, the notice must be given to the licensee and takes effect 28 days after the date of the notice.

134AGround for taking relevant action relating to adult entertainment permits

The commissioner may take relevant action for an adult entertainment permit on the ground the person who holds the permit is no longer a suitable person to provide adult entertainment.

134B Show cause notice

(1)This section applies if, having regard to the relevant matters, the commissioner reasonably believes a ground for taking relevant action for an adult entertainment permit exists.

(2)The commissioner must give the person who holds the permit a written notice that—

(a)states the relevant action relating to the permit that the commissioner proposes to take; and

(b)states the grounds for the relevant action; and

(c)states an outline of the facts and circumstances forming the basis for the grounds; and

(d)invites the person to show within a stated period, not less than 14 days after the notice is given to the person, why the relevant action should not be taken.

(3)In this section—

relevant matters means the matters mentioned in section 107E to which the commissioner must have regard in deciding whether an applicant is a suitable person to provide adult entertainment.

134CDecision about relevant action relating to adult entertainment permit

(1)After considering any representations made by the person who holds the adult entertainment permit, the commissioner may—

(a)if the commissioner still considers there is a ground to take the relevant action relating to the permit—take the relevant action; or

(b)if the commissioner no longer believes a ground exists to take the relevant action—take no further action about the show cause notice.

(2)Within 7 days after the commissioner makes a decision under subsection (1), the commissioner must give written notice of the decision to the holder of the permit.

(3)Also, if the commissioner decides to take the relevant action the notice under subsection (2) must comply with the tribunal Act, section 157(2).

135Summary cancellation, suspension or variation

(1)Cancellation, suspension or variation of a permit under section 134 or 134C takes effect when written notice of the cancellation, suspension or variation is given to the permittee.

(2)Subsection (1) applies subject to section 134(3) to (9).

135ACompensation not payable for variation

Compensation is not payable to any person for the variation of a permit under section 134(2).

136Grounds for disciplinary action

Each of the following is a ground for taking disciplinary action relating to a licence—

(a)the licensee has failed to—

(i)comply with this Act; or

(ii)conduct a business on the licensed premises that is consistent with the principal activity of the licence; or

(iii)comply with a condition stated in the licence or in an extended trading hours approval endorsed on the licence; or

(iv)comply with a condition stated in a car park approval for the licensed premises; or

(v)comply with an order of the commissioner or a requisition of an investigator;

(b)the licensee is convicted of—

(i)an offence against this Act; or

(ii)a prescribed offence; or

(iii)an offence against a racing offence provision; or

(iv)an offence the commissioner considers indicates the licensee’s unsuitability to hold the licence;

(c)the licensee has, at a material time, employed or engaged in the business conducted under authority of the licence a person convicted of an offence against this Act committed in the course of the business being carried on;

(d)the licensee has obtained the licence by fraud or false representation;

(e)the licensee is a disqualified person or is not a fit and proper person to conduct business under authority of the licence, having regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is not a disqualified person and is a fit and proper person to hold a licence;

(f)the licensee has ceased to conduct business on the licensed premises;

(g)the licensee holds the licence for the benefit, wholly or partially, of a person to whom the commissioner would not grant the licence if application were to be made by the person;

(h)the use of the licensed premises has caused, or is causing, an adverse effect on the amenity of the area in which the premises are located;

(i)the licensee is no longer eligible to hold the licence under section 106(3) or (4).

137Procedure for taking disciplinary action in relation to licence

(1)If the commissioner considers, on reasonable grounds, there is a ground to take disciplinary action relating to a licence (the proposed action), the commissioner must give the licensee a written notice that states the following—

(a)the proposed action;

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)if the proposed action includes suspending the licence—the proposed suspension period;

(e)if the proposed action includes closing the licensed premises for a stated period—the proposed closure period;

(f)if the proposed action includes varying the licence—the proposed condition to which the licence is to be subject or the other way in which the authority conferred by the licence is to be limited;

(g)if the proposed action includes disqualifying the licensee from holding a licence or permit—the proposed disqualification period;

(h)if the proposed action includes requiring the licensee to pay the department an amount—the proposed amount;

(i)an invitation to the licensee—

(i)to show, by a stated day that is at least 28 days after the notice is given (the last day for representations), why the proposed action should not be taken; and

(ii)to make submissions about the proposed action;

(j)how representations by the licensee about the proposed action may be made.

(2)The commissioner must also give to each interested person relating to the licence, at least 28 days before the show cause period ends, written notice that—

(a)states the matters mentioned in subsection (1)(a) to (h); and

(b)invites the interested person to make representations, in the way stated in the notice, about the proposed action before the last day for representations.

137ADecision about disciplinary action

(1)If, after considering any representations made, the commissioner still considers there is a ground to take disciplinary action relating to the licence, the commissioner may decide to—

(a)if the proposed action was other than suspension or cancellation—take the proposed action or another form of disciplinary action, other than suspension or cancellation of the licence; or

(b)if the proposed action was to suspend the licence—suspend the licence, for not longer than the proposed suspension period or take another form of disciplinary action, other than cancellation of the licence; or

(c)if the proposed action was to cancel the licence—either cancel the licence or take another form of disciplinary action.

(2)If the commissioner decides to take disciplinary action other than the proposed action or part of the proposed action, the commissioner must, as soon as practicable after the decision is made, give the licensee and each interested person to whom notice of the proposed action was given, a further notice stating the following—

(a)the form of disciplinary action the commissioner proposes to take;

(b)the reasons for the decision;

(c)the licensee and interested persons may make submissions to the commissioner in the way and within the time stated in the notice.

(3)For subsection (2)(c), the time stated in the notice must not be less than 7 days after the licensee and interested persons are given the notice.

(4)If, after considering any representations made about the further notice, the commissioner still considers there is a ground to take disciplinary action relating to the licence, the commissioner may decide to take the disciplinary action.

(5)More than 1 type of disciplinary action relating to a licence may be taken against the licensee under this section.

(6)In this section—

proposed action see section 137(1).

137BNotice to be given about decision of commissioner

(1)Within 10 days after the commissioner makes a decision under section 137A(1) or (4) relating to proposed disciplinary action relating to a licence, the commissioner must give written notice of the decision to—

(a)the licensee; and

(b)each interested person to whom notice of the proposed action was given.

(2)However, subsection (1) does not apply to a decision made under section 137A(1) if the commissioner decides to take disciplinary action other than the proposed action or part of the proposed action and the commissioner gives the licensee and each interested person a notice under section 137A(2).

(3)If the commissioner decides to take the proposed action under section 137A(1) or other disciplinary action under section 137A(4), the notice must comply with the tribunal Act, section 157(2).

(4)The decision takes effect on the later of—

(a)the day the notice is given to the licensee; or

(b)the day of effect stated in the notice.

(5)However, if disciplinary action is taken relating to the licence because of a conviction—

(a)the disciplinary action does not take effect until—

(i)the end of the time to appeal against the conviction; or

(ii)if an appeal is made against the conviction—the appeal is finally decided; and

(b)the disciplinary action has no effect if the conviction is quashed.

137CUrgent suspension

(1)This section applies if the commissioner believes, on reasonable grounds—

(a)a ground exists for taking disciplinary action in relation to a licence; and

(b)harm may be caused to members of the public if urgent action to suspend the licence is not taken.

(3)The commissioner may immediately suspend the licence (an urgent suspension) by written notice which must—

(a)be given to the licensee; and

(b)state the licence is suspended; and

(c)comply with the tribunal Act, section 157(2).

(4)The urgent suspension takes effect immediately the notice is given to the licensee.

(5)At the same time as the commissioner gives the licensee the notice, the commissioner must give the licensee a notice under section 137(1).

(6)The urgent suspension continues until the first of the following happens—

(a)the commissioner revokes it;

(b)the commissioner, under section 137B(1), gives the licensee notice of the commissioner’s decision under section 137A(1) or (4);

(c)the end of 60 days after the notice under subsection (3) was given to the licensee.

137CBImmediate suspension of car park approval

(1)This section applies if the commissioner believes on reasonable grounds a ground mentioned in section 136(1)(a)(iv) exists for taking disciplinary action in relation to a licence.

(2)The commissioner may immediately suspend the car park approval by giving the licensee a written notice that—

(a)states the car park approval is suspended; and

(b)complies with section 157(2) of the tribunal Act.

(3)The suspension takes effect immediately after the notice is given to the licensee.

(4)At the same time the commissioner gives the licensee the notice, the commissioner must give the licensee a notice under section 137(1).

(5)The suspension continues until the first of the following happens—

(a)the commissioner revokes it;

(b)the commissioner, under section 137B(1), gives the licensee notice of the commissioner’s decision under section 137A(1) or (4);

(c)the end of 60 days after the notice under subsection (3) was given to the licensee.

137DAmount payable as a debt due to the State

(1)This section applies if the commissioner decides to take disciplinary action relating to a licence and the action requires the licensee to pay an amount to the department.

(2)Any amount unpaid becomes a debt due and payable to the State 28 days after the day notice of the decision is given to the licensee under section 137B.

137EDisciplinary action against former licensee

(1)Subsection (2) applies if—

(a)the commissioner gives a licensee a notice about a proposed action under section 137; and

(b)the licensee transfers the licence before the commissioner makes a decision about the proposed action under section 137A.

(2)Sections 137A, 137B and 137D continue to apply in relation to the proposed action as if the licence is still held by the former licensee.

(3)Subsection (4) applies if—

(a)a licensee transfers the licence; and

(b)within 1 year after the transfer, the commissioner considers there is a ground to take relevant disciplinary action relating to the licence for circumstances arising before the transfer.

(4)Sections 137 to 137B and 137D apply as if the licence is still held by the former licensee.

(5)However, for subsections (2) and (4), the only disciplinary action that may be taken against the former licensee is a relevant disciplinary action.

(6)For subsections (2) and (4), this Act applies, with any necessary changes, to the former licensee as if a reference to a licensee included the former licensee.

(7)In this section—

relevant disciplinary action means one of the actions mentioned in paragraphs (f), (g) and (i) of the definition disciplinary action in section 4.

138Effect of suspension

A licence or permit that is suspended ceases to be in force for the period of suspension.

139Compensation not payable

Compensation is not payable to any person in respect of—

(a)acceptance by the commissioner of a surrender of a licence; or

(b)cancellation or suspension by the commissioner of a licence or permit.

139AApplication of div 3A

This division applies if—

(a)an approval is given by the commissioner to a licensee, as mentioned in section 153(1) or (3), to—

(i)let or sublet all or part of the licensed premises; or

(ii)enter into a franchise or management agreement for all of the licensed premises; and

(b)the licensee enters into a lease, sublease or franchise or management agreement (a relevant agreement) under the approval.

139C Show cause notice for withdrawal of approval

(1)This section applies if, having regard to the relevant matters, the commissioner reasonably believes the lessee, sublessee, franchisee or manager under the relevant agreement—

(a)is a disqualified person; or

(b)is not, or is no longer, a fit and proper person to lease, sublease, franchise or manage the licensed premises.

(2)The commissioner must give the licensee and the lessee, sublessee, franchisee or manager a written notice that—

(a)states the commissioner proposes to withdraw the commissioner’s approval of the agreement; and

(b)states the grounds for the proposed withdrawal; and

(c)invites the licensee, lessee, sublessee, franchisee or manager to show within a stated period, not less than 14 days after the notice is given to the person, why the approval should not be withdrawn.

(3)In this section—

relevant matters means the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is not a disqualified person and is a fit and proper person to hold a licence.

139DDecision about withdrawing approval of relevant agreement

(1)After considering any representations made by the licensee, lessee, sublessee, franchisee or manager, the commissioner—

(a)if the commissioner is satisfied of the matter mentioned in section 139C(1)—must withdraw the commissioner’s approval; or

(b)may take no further action about the show cause notice.

(2)If the commissioner withdraws the approval under subsection (1)(a), the commissioner must give the licensee written notice of the withdrawal and direct the licensee to terminate the relevant agreement with the lessee, sublessee, franchisee or manager by stating in the notice—

(a)the approval has been withdrawn under this section; and

(b)that the licensee must terminate the agreement within the time stated in the notice.

(3)The written notice must comply with the tribunal Act, section 157(2).

(4)A copy of the notice must be given to the lessee, sublessee, franchisee or manager under the relevant agreement.

(5)The withdrawal under subsection (1)(a) takes effect when the notice is given to the licensee under subsection (2).

139FRequirement to terminate relevant agreement on withdrawal of approval

(1)If a direction is given to the licensee under section 139D(2), the licensee must—

(a)terminate the relevant agreement within the time stated in the notice; and

(b)notify the commissioner of the termination in the approved form within 7 days after terminating the agreement.

(2)If the licensee does not terminate the relevant agreement as required under subsection (1), the agreement is terminated by this Act.

(3)The State does not incur any liability if a relevant agreement is terminated by the licensee under subsection (1) or by this Act.

(4)The licensee does not incur any liability because the licensee terminates the relevant agreement under this section.

140Closure of unsafe or unhealthy premises

(1)If, in respect of licensed premises, the commissioner considers the safety or health of members of the public to be endangered or prejudiced because of—

(a)absence or inadequacy of fire prevention equipment on the premises; or

(b)inadequacy of entrances to or exits from the premises; or

(c)any condition of, or thing on, the premises that constitutes a health hazard; or

(d)any other reason relating to safety or health that the commissioner considers sufficient;

the commissioner must give to the licensee, and the owner of the premises, an order to close the premises, and to keep them closed, until all orders in respect of the premises relating to—

(e)public safety from risk of fire; or

(f)matters of health;

have been complied with to the commissioner’s satisfaction.

(2)If, in the commissioner’s opinion, circumstances justify action under subsection (1), an order for closure may issue without prior notice to the licensee or owner of the licensed premises.

(3)A person must not contravene an order under subsection (1).

Maximum penalty for subsection (3)—25 penalty units.

(4)In this section—

premises includes part of premises.

141Order to close premises for unlawful trading

(1)This section applies if business is conducted on licensed premises by a person other than—

(a)the licensee of the premises; or

(b)an approved manager who is an employee of the licensee; or

(c)if the licensee for the premises has, or has entered into, an approved arrangement for the premises with another person—an approved manager who is an employee of the other person; or

(d)a person authorised by the commissioner under section 131A.

(2)The commissioner may give the person conducting business on the premises an order to cease trading in liquor on the premises and to close the premises.

(3)A person must not contravene an order under subsection (2).

Maximum penalty for subsection (3)—25 penalty units.

141AClosure of premises in face of riot or tumult

(1)On application made by an investigator, a magistrate, or, if a magistrate is not available, 2 justices, may order that all or any of the licensed premises in a locality in which a riot or tumult is happening, or is reasonably expected to happen, be closed during a period specified in the order.

(2)If an investigator informs the commissioner that a magistrate or 2 justices are not readily available to deal with an application under subsection (1), the commissioner may order that all or any of the licensed premises in a locality in which a riot or tumult is happening, or is reasonably expected to happen, be closed during a period of not longer than 48 hours stated in the order.

(3)An order under subsection (2) about licensed premises applying for a period (the initial period) does not preclude a magistrate or 2 justices making an order under subsection (1) about the premises applying for a period that includes part of the initial period.

(4)A person must not knowingly contravene an order under subsection (1) or (2).

Maximum penalty for subsection (4)—25 penalty units.

141BApplication of div 4A

This division applies to licensed premises.

141CConditions about training course certificates for particular persons

(1)It is a condition of the licensee’s licence that each of the following persons must have a current training course certificate—

(a)if the licensee is an individual—the licensee;

(b)a member of staff of the licensed premises who is involved in the service or supply of liquor at the premises.

Examples of staff involved in the service or supply of liquor—

bartenders, glass collectors, floor hostesses or room service staff

(2)However, the condition mentioned in subsection (1)(b) does not apply to a licence, in relation to a person who becomes a member of staff of the licensed premises after the commencement of this section, until 30 days after the person becomes a member of the staff.

(3)Subject to subsection (2), it is a condition of a licensee’s licence that the licensee must—

(a)keep a copy of the training course certificates held by persons mentioned in subsection (1); and

(b)make each copy kept under paragraph (a) available for inspection by an investigator at the premises.

141DApplication of s 136

For this Act, a reference in section 136(1)(a)(iii) to a condition stated in the licence is taken to include a reference to a condition of the licence imposed under section 141C.

142AD Definitions for div 6

In this division—

crowd controller means the holder of a current licence issued under the Security Providers Act 1993 for carrying out the functions of a crowd controller under that Act.

exit, of premises, does not include an exit that is not ordinarily used by patrons of the premises while the premises are open for business.

Example—

an emergency exit

incident register see section 142AI(a).

trading period means the period starting at 8p.m. on any day and ending at 7a.m. on the following day.

142AE Application of div 6

(1)This division applies in the area of the Brisbane City Council to licensed premises if the licensee is authorised under this Act to sell or supply liquor on the premises at any time after 1a.m. during the trading period.

(2)However, this division does not apply to—

(a)licensed premises if the licensee is authorised, under section 9(13), to sell or supply liquor on the premises only after 1a.m. on New Year’s Day; or

(b)that part of licensed premises that—

(i)is used principally for the residential accommodation of guests staying at the premises; or

(ii)is a detached bottle shop.

(3)Also, this division does not apply on Anzac Day to licensed premises on the premises of an RSL or Services Club.

(4)In addition—

(a)sections 142AG and 142AH do not apply to licensed premises at Brisbane Airport, Airport Drive, Brisbane known as the Brisbane International Terminal building and the Brisbane Domestic terminal building; and

(b)section 142AG does not apply to the following—

(i)licensed premises mentioned in section 67A;

(ii)licensed premises at Brisbane Stadium (Lang Park), Castlemaine Street, Milton;

(iii)licensed premises at the Queensland Sport and Athletics Centre, Kessels Road, Nathan;

(iv)licensed premises at the Brisbane Cricket Ground, Vulture Street, Woolloongabba;

(v)licensed premises at the Brisbane Convention and Exhibition Centre, corner of Glenelg and Merivale Streets, South Brisbane;

(vi)licensed premises at the Brisbane Entertainment Centre, Melaleuca Drive, Boondall;

(vii)licensed premises at the Queensland Performing Arts Centre, Queensland Cultural Centre, corner of Grey and Melbourne Streets, South Brisbane; and

(c)section 142AG does not apply to licensed premises during a trading period in which the premises are not open for business after 1a.m.; and

(d)section 142AI(a) and (b) does not apply to a licensee to the extent an incident mentioned in section 142AI(a) must be recorded in a register kept by the licensee under the Security Providers Act 1993.

142AF Purpose of div 6

(1)This division has, in relation to the licensee, the same purpose as the purpose mentioned in section 142ZX.

(2)This division does not limit sections 142ZX to 142ZZB.

142AG Conditions about crowd controllers

(1)It is a condition of the licensee’s licence that the licensee—

(a)must ensure that at least the required number of crowd controllers are engaged in maintaining order in and around the licensed premises—

(i)while the premises are open for business after 11p.m. during the trading period; and

(ii)for at least 1 hour after the premises close for business during or at the end of the trading period; and

(b)must not allow a crowd controller to be engaged under paragraph (a) unless the crowd controller—

(i)has a current training course certificate; and

(ii)has given the licensee a copy of the certificate and the crowd controller’s licence granted under the Security Providers Act 1993, section 14(1); and

(iii)is dressed in a way that distinguishes the crowd controller from patrons of the premises; and

(c)must keep on the licensed premises each of the following for a crowd controller while the crowd controller is engaged in maintaining order in and around the premises—

(i)a copy of the crowd controller’s current training course certificate as mentioned in paragraph (b)(i);

(ii)the crowd controller’s certificate and licence as given to the licensee under paragraph (b)(ii).

(2)For subsection (1)(a), the required number of crowd controllers for a licence is—

(a)if a condition of the licence requires a stated number of crowd controllers to be engaged in the circumstances stated in subsection (1)(a)—that number; or

(b)otherwise—the number of crowd controllers prescribed by regulation.

142AH Conditions about closed-circuit television equipment

It is a condition of the licensee’s licence that the licensee—

(a)must have closed-circuit television equipment at each entrance and exit of the licensed premises that provides access for patrons of the premises during the trading period; and

(b)must display signage at the premises in a way that is likely to make the patrons aware that closed-circuit television equipment is installed under paragraph (a); and

(c)must ensure the equipment—

(i)meets the minimum requirements for the equipment prescribed under a regulation; and

(ii)is operational and recording for the period starting at 8p.m. in a trading period in which the premises are open for business and ending at least 1 hour after the premises close for business during or at the end of the trading period; and

(ca)must comply with any requirements prescribed by regulation about maintaining the equipment; and

(d)must stop selling or supplying liquor on the premises, and close the premises, if the equipment is not operational and recording during the trading period while the premises are open for business at any time between 1a.m. and when the premises would ordinarily otherwise close for business; and

(e)must not allow the equipment to be operated by anyone other than—

(i)the licensee for the licence; or

(ii)an approved manager working at the premises; and

(f)must store each recording made by the equipment in a secure place at the premises in compliance with any requirements prescribed by regulation; and

(fa)must keep each recording available for inspection and viewing by an investigator at the premises until—

(i)the recording is erased or destroyed under paragraph (h); or

(ii)if the recording is earlier given to an investigator—the investigator has confirmed by written notice that the recording is viewable; and

(g)must not allow a recording to be viewed at the premises by anyone other than an investigator or a person mentioned in paragraph (e); and

(h)must ensure a recording, unless it is earlier given to an investigator and the investigator has confirmed by written notice that the recording is viewable, is erased or destroyed by a person mentioned in paragraph (e)—

(i)if the recording does not show an incident required to be recorded in the licensee’s incident register—not earlier than 28 days after the recording is made (the retention period), but within 30 days after the retention period ends; or

(ii)otherwise—not earlier than 1 year after the retention period for the recording ends.

142AI Conditions about incident register

It is a condition of the licensee’s licence that the licensee—

(a)must keep a register (an incident register) containing the information prescribed under a regulation about each incident at the licensed premises—

(i)in which a person is injured; or

(ii)requiring a person to be removed from the premises; and

(b)must ensure that, for each incident recorded in the register under paragraph (a), the register is signed as correct by each crowd controller or member of staff involved in the incident; and

(c)must keep the register in a secure place, and available for inspection by an investigator, at the premises; and

(d)must not allow the register to be inspected at the premises by anyone other than—

(i)an investigator; or

(ii)the licensee for the licence; or

(iii)a crowd controller or member of staff involved in an incident recorded in the register; or

(iv)an approved manager working at the premises.

142AJ Conditions about drinking practices

It is a condition of the licensee’s licence that the licensee must not conduct on the licensed premises—

(a)a competition or game in which—

(i)contestants or players consume liquor on the premises; or

(ii)free or discounted liquor is given as a prize for consumption on the premises; or

Examples of a competition or game—

•‘drink to win’

•‘last man standing’

•‘all you can drink’

•‘skolling competition’

(b)another activity, prescribed under a regulation, that may encourage the irresponsible consumption of liquor or promote intoxication.

142AK Compliance with conditions

The holder of a licence subject to a condition under this subdivision must comply with the condition.

Maximum penalty—100 penalty units.

142AL Application of s 136

For this Act, a reference in section 136(1)(a)(iii) to a condition stated in the licence is taken to include a reference to a condition of the licence imposed under subdivision 2.

142AAppointment of public service officer as trainer

(1)The commissioner may appoint a public service officer to be a trainer for a training course approved by the commissioner about a licensee’s or a permittee’s obligations under this Act (the licensee’s course).

(2)However, the commissioner may appoint the officer only if satisfied the officer has the necessary expertise or experience to conduct the course.

(3)Divisions 2 to 5 do not apply to an appointment under this section.

142BApplying for approval as trainer

(1)A person may apply to the commissioner for approval as a trainer for the licensee’s course.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by—

(i)any documents, identified in the approved form, the commissioner reasonably requires to decide the application; and

(ii)the fee prescribed under a regulation.

(3)The applicant also must provide any other relevant information reasonably required by the commissioner to decide the application.

142CDeciding application

(1)The commissioner must consider the application and either grant or refuse to grant the application as soon as practicable after the last of the following events happens—

(a)the commissioner receives the application;

(b)the commissioner receives all necessary information to decide the application.

(2)The commissioner may grant the application only if satisfied the applicant has the necessary expertise or experience to conduct the licensee’s course.

(3)Without limiting subsection (2), in deciding the application the commissioner may have regard to each of the following—

(a)the applicant’s knowledge of the Act;

(b)the applicant’s experience in the liquor industry;

(c)if the applicant is, or has been, a licensee, a permittee or a nominee for a licence—the applicant’s conduct in discharging the applicant’s duties under this Act as a licensee, a permittee or a nominee.

142DGrant of application

(1)If the commissioner decides to grant the application, the commissioner must as soon as practicable give the applicant written notice of the decision.

(2)The notice must state the term of the approval.

(3)An approval remains in force, unless sooner cancelled, for the period, of not more than 3 years, stated by the commissioner in the notice given under subsection (1).

142ERefusal of application

If the commissioner decides to refuse the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.

142FApplying for renewal

(1)A person may apply to the commissioner for renewal of the person’s approval.

(2)The application may only be made within 3 months before the last day of the period of the approval.

(3)The application must be—

(a)in the approved form; and

(b)accompanied by—

(i)any documents, identified in the approved form, the commissioner reasonably requires to decide the application; and

(ii)the fee prescribed under a regulation.

(4)The applicant also must provide any other relevant information reasonably required by the commissioner to decide the application.

142GDeciding application

(1)The commissioner must consider the application and either renew or refuse to renew the approval as soon as practicable after the last of the following events happens—

(a)the commissioner receives the application;

(b)the commissioner receives all necessary information to decide the application.

(2)The commissioner may renew the approval only if satisfied the applicant has the necessary expertise or experience to conduct the licensee’s course.

(3)Without limiting subsection (2), in deciding the application the commissioner may have regard to—

(a)the same matters the commissioner may have regard to under section 142C(3); and

(b)the applicant’s previous conduct in discharging the applicant’s duties as a trainer for the licensee’s course.

142HRenewal of approval

(1)If the commissioner decides to renew the approval, the commissioner must as soon as practicable give the applicant written notice of the decision.

(2)The notice must state the period of the renewed approval.

142IRefusal to renew approval

If the commissioner decides to refuse to renew the approval, the commissioner must as soon as practicable give the applicant an information notice for the decision.

142JApproval continues pending decision about renewal

(1)If a person applies for renewal of an approval under section 142F, the approval is taken to continue in force from the day it would, apart from this subsection, have ended until the day on which any of the following first happens—

(a)the commissioner renews the approval;

(b)if the commissioner decides to refuse to renew the approval, the commissioner gives the person an information notice for the decision;

(c)the person withdraws the application for renewal;

(d)the application lapses under section 142K.

(2)If the commissioner renews the approval, the approval is taken to have been renewed from the day it would, apart from subsection (1), have ended.

(3)This section does not apply if the approval is cancelled.

142KLapsing of application

(1)This section applies if an application for an approval, or renewal of an approval, is made under this part.

(2)The commissioner may make a requirement under section 142B(3) or 142F(4) for information to decide the application by giving the applicant a written notice stating—

(a)the required information; and

(b)the time by which the information must be given to the commissioner; and

(c)that, if the information is not given to the commissioner by the stated time, the application will lapse.

(3)The stated time must be reasonable and, in any case, at least 21 days after the requirement is made.

(4)The commissioner may give the applicant a further notice extending or further extending the time if the commissioner is satisfied it would be reasonable in all the circumstances to give the extension.

(5)A notice may be given under subsection (4) even if the time to which it relates has lapsed.

(6)If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.

142LGrounds for cancellation

The commissioner may cancel a person’s approval if the commissioner believes on reasonable grounds—

(a)the approval was granted in error or because of a materially false or fraudulent document, statement or representation; or

(b)the person—

(i)is not conducting the licensee’s course in an appropriate way; or

(ii)no longer has the necessary expertise to conduct the licensee’s course.

142MProcedure for cancellation

(1)If the commissioner proposes to cancel a person’s approval, the commissioner must give the person a written notice stating the following—

(a)the commissioner proposes to cancel the approval;

(b)the grounds for the proposed cancellation;

(c)the facts and circumstances that are the basis for the grounds;

(d)that the person may make, within a stated period, written representations to show why the approval should not be cancelled.

(2)The stated period must end at least 21 days after the person is given the notice.

(3)If, after considering all written representations made within the stated period, the commissioner still believes a ground exists to cancel the approval, the commissioner may cancel the approval.

(4)The commissioner must, as soon as practicable after making a decision under subsection (3), give the person an information notice for the decision.

(5)The decision takes effect on—

(a)the day the notice is given; or

(b)if a later day is stated in the notice—the stated day.

142NApplication for review

(1)Each of the following persons may apply to the commissioner for a review of the decision (the original decision) stated for the person—

(a)a person whose application for an approval is refused under section 142C;

(b)a person whose application for renewal of an approval is refused under section 142G;

(c)a person whose approval is cancelled under section 142M(3);

(d)a person whose application for an approval is refused under section 142ZK;

(e)a person whose approval is suspended or cancelled under section 142ZV.

(2)The application must be made within 28 days after the information notice for the original decision is given to the person.

(3)The application must be in the approved form and supported by enough information to enable the commissioner to decide the application.

142ONo stay of operation of decision

An application under section 142N for review of an original decision does not stay the decision.

142PReview decision

(1)This section applies to an application under section 142N for review of an original decision.

(2)Unless the commissioner made the original decision personally, the commissioner must ensure the application is not dealt with by—

(a)the person who made the original decision; or

(b)a person in a less senior office than the person who made the original decision.

(3)As soon as practicable after receiving the application, the commissioner must review the original decision and make a decision (the review decision)—

(a)confirming the original decision; or

(b)substituting another decision for the original decision.

(4)The commissioner must make the review decision on the material that led to the original decision and any other material the commissioner considers relevant.

(5)Immediately after making the review decision, the commissioner must give the person written notice of the review decision.

(6)The written notice must comply with the tribunal Act, section 157(2).