Liquor Act 1992

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

Long title amd 1999 No. 73s 143

pt 1 div 1 hdg ins 2013 No. 25s 119

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.

s 2A (prev s 13) reloc and renum 2013 No. 25s 125

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.

s 3 amd 1994 No. 59s 3sch 2; 1999 No. 73s 144; 2002 No. 47s 43; 2003 No. 30s 169sch 1

sub 2008 No. 48s 4

amd 2009 No. 24s 620; 2010 No. 51s 18

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).

s 3A ins 2001 No. 39s 4

amd 2008 No. 48ss 5, 59(1)sch 1; 2010 No. 51s 19

3BDeclaration for Commonwealth Act

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

s 3B (prev s 14) amd 2002 No. 51s 5

om 2003 No. 30s 169sch 1

ins 2010 No. 44s 116

reloc and renum 2013 No. 25s 126

pt 1 div 2 hdg ins 2013 No. 25s 120

4Definitions

In this Act—

3a.m. safe night precinct ...

s 4 def 3a.m. safe night precinct ins 2016 No. 4s 18(2)

om 2017 No. 5s 4(1) (retro)

abatement notice means a notice made under section 187.

s 4 def abatement notice ins 2014 No. 42s 28(2)

Aboriginal police officer ...

s 4 def Aboriginal police officer ins 2002 No. 47s 44(1)

amd 2002 No. 47s 45; 2004 No. 37s 86sch 1

om 2007 No. 59s 82(1)

accepted representations—

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

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

s 4 def accepted representations ins 2008 No. 48s 44

sub 2013 No. 62s 23(2), (4)

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).

s 4 def adult entertainment ins 1999 No. 73s 145

amd 2008 No. 48s 59(1)sch 1

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

s 4 def adult entertainment permit ins 1999 No. 73s 145

affected by bankruptcy action ...

s 4 def affected by bankruptcy action ins 2002 No. 51s 4

om 2016 No. 62s 176(1)

airport ...

s 4 def airport ins 2004 No. 39s 4(1)

om 2008 No. 30s 18(1)

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.

s 4 def amenity ins 2010 No. 51s 20

amd 2014 No. 42s 28(3)

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

s 4 def Anzac Day event ins 2005 No. 61s 4(2)

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.

s 4 def approval ins 2003 No. 60s 4(2)

amd 2005 No. 61s 4(3); 2013 No. 25s 121(3)

sub 2013 No. 62s 23(2), (4)

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

s 4 def approved area ins 1999 No. 73s 145

amd 2008 No. 48s 59(1)sch 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).

s 4 def approved arrangement ins 2013 No. 25s 121(2)

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

s 4 def approved evaluator ins 2014 No. 42s 28(2)

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.

s 4 def approved extended trading hours ins 2008 No. 48s 6

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

s 4 def approved form ins 2002 No. 47s 44(1)

sub 2012 No. 25s 112

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

s 4 def approved ID scanner ins 2014 No. 42s 28(2)

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

s 4 def approved ID scanning system ins 2014 No. 42s 28(2)

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

s 4 def approved operator ins 2014 No. 42s 28(2)

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.

s 4 def approved risk-assessed management plan ins 2008 No. 48s 6

sub 2013 No. 25s 121(1)–(2)

amd 2014 No. 42s 28(4)

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

s 4 def approved training course ins 2005 No. 61s 4(2)

amd 2012 No. 25s 144(1)

sub 2013 No. 25s 121(1)–(2)

assessment period ...

s 4 def assessment period om 2016 No. 62s 176(1)

assistant commissioner ...

s 4 def assistant commissioner ins 1999 No. 73s 145

om 2012 No. 25s 112(1)

assistant police commissioner ...

s 4 def assistant police commissioner orig def ins 2012 No. 25s 112(2)

om 2013 No. 62s 23(1)

prev def ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

associate has the meaning given by section 4C.

s 4 def associate ins 1999 No. 73s 145

authorised person ...

s 4 def authorised person ins 2010 No. 51s 20

om 2014 No. 42s 28(1)

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

s 4 def banning order ins 2014 No. 42s 28(2)

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

s 4 def bar licence ins 2008 No. 48s 6

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

Broadbeach CBD safe night precinct ...

s 4 def Broadbeach CBD safe night precinct ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

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

s 4 def brothel licence ins 1999 No. 73s 145

cabaret ...

s 4 def cabaret amd 2001 No. 39s 5(3)

om 2008 No. 48s 59(1)sch 1

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.

s 4 def car park ins 2016 No. 4s 18(2)

car park approval see section 142ZZE(2).

s 4 def car park approval ins 2016 No. 4s 18(2)

chairperson ...

s 4 def chairperson om 2009 No. 24s 621(1)

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.

s 4 def change day ins 2008 No. 30s 18(2)

chief executive ...

s 4 def chief executive om 2003 No. 60s 4(1)

civil banning order ...

s 4 def civil banning order ins 2010 No. 51s 20

om 2014 No. 42s 28(1)

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.

s 4 def code ins 1999 No. 73s 145

amd 2008 No. 48s 59(1)sch 1

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

s 4 def column 1 licence ins 2008 No. 48s 6

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

s 4 def column 1 permit ins 2008 No. 48s 6

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

s 4 def column 2 licence ins 2008 No. 48s 6

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

s 4 def column 2 permit ins 2008 No. 48s 6

commencement ...

s 4 def commencement ins 2005 No. 61s 4(2)

sub 2008 No. 48s 59(1)sch 1

om 2016 No. 4s 18(1)

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.

s 4 def commercial complex ins 2013 No. 25s 121(2)

commission ...

s 4 def commission ins 2010 No. 51s 20

om 2012 No. 25s 112(1)

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

s 4 def commissioner ins 1999 No. 73s 145

sub 2012 No. 25s 112

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

s 4 def community area sub 2007 No. 59s 82(1)–(2)

community impact statement ...

s 4 def community impact statement ins 2008 No. 48s 6

amd 2012 No. 25s 144(1)

om 2013 No. 25s 121(1)

community investment fund ...

s 4 def community investment fund ins 2008 No. 48s 6

om 2013 No. 25s 121(1)

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.

s 4 def community justice group ins 2002 No. 47s 44(1)

amd 2004 No. 53s 2sch

sub 2004 No. 37s 86sch 1

amd 2007 No. 59s 82(3)

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.

s 4 def community police officer ins 2007 No. 59s 82(2)

amd 2011 No. 26s 93

compliance order means an order made under section 46.

s 4 def compliance order ins 2014 No. 42s 28(2)

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

s 4 def controller ins 1999 No. 73s 145

amd 2003 No. 60s 4(3); 2012 No. 25s 144(1); 2013 No. 62s 23(5)

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

s 4 def control order ins 2016 No. 62s 176(2)

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

s 4 def corporatised corporation ins 2008 No. 30s 18(2)

sub 2009 No. 17s 331sch 1

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.

s 4 def council sub 2004 No. 37s 86sch 1

amd 2007 No. 59s 82(4); 2009 No. 17s 331sch 1

craft beer means beer produced in a craft brewery.

s 4 def craft beer ins 2016 No. 4s 18(2)

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.

s 4 def craft brewery ins 2016 No. 4s 18(2)

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

s 4 def criminal intelligence ins 2016 No. 62s 176(2)

criminal organisation ...

s 4 def criminal organisation ins 2014 No. 64s 87(2)

om 2016 No. 62s 176(1)

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

s 4 def crowd controller ins 2005 No. 61s 4(2)

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

s 4 def current licensee’s course certificate ins 2008 No. 48s 44

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

s 4 def current training course certificate prev def ins 2005 No. 61s 4(2)

om 2008 No. 48s 59(1)sch 1

pres def ins 2008 No. 48s 6

decision of significant community impact ...

s 4 def decision of significant community impact ins 2010 No. 51s 20

om 2012 No. 25s 112(1)

declared criminal organisation ...

s 4 def declared criminal organisation ins 2013 No. 46s 74

om 2016 No. 62s 176(1)

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.

s 4 def defence member ins 2011 No. 44s 17(2)

deputy chairperson ...

s 4 def deputy chairperson om 2003 No. 30s 169sch 1

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

s 4 def designated public place ins 2008 No. 30s 18(2)

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.

s 4 def detached bottle shop ins 2001 No. 39s 5(2)

amd 2008 No. 48s 59(1)sch 1; 2012 No. 25s 144(1)

development approval means—

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

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

s 4 def development approval ins 2005 No. 61s 4(2)

amd 2009 No. 36s 872sch 2

sub 2016 No. 27s 306; 2019 No. 11s 124(1)–(2)

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

s 4 def digital authority ins 2020 No. 21s 13

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

s 4 def digital device ins 2020 No. 21s 13

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

s 4 def digital evidence of age ins 2020 No. 21s 13

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

s 4 def digital evidence of identity ins 2020 No. 21s 13

director ...

s 4 def director ins 2005 No. 14s 2sch

om 2009 No. 24s 621(1)

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.

s 4 def disciplinary action ins 2001 No. 39s 5(2)

amd 2003 No. 60s 4(4)–(5); 2008 No. 48s 59(2)sch 2; 2009 No. 41s 66(1); 2012 No. 25s 144(1)

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

s 4 def disqualified person ins 1999 No. 54s 3

amd 2013 No. 64s 87(3); 2016 No. 62s 176(3)

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

s 4 def division 5 notice ins 2013 No. 62s 23(4)

document, for part 7, see section 173R.

s 4 def document ins 2016 No. 4s 18(2)

drink safe precinct ...

s 4 def drink safe precinct ins 2010 No. 51s 20

om 2014 No. 42s 28(1)

entertainment ...

s 4 def entertainment ins 2001 No. 39s 5(2)

om 2014 No. 42s 28(1)

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.

s 4 def executive officer ins 1999 No. 73s 145

sub 2001 No. 39s 5(1)–(2)

amd 2003 No. 60s 4(6)

sub 2013 No. 64s 87(1)–(2)

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

s 4 def exempt class ins 2014 No. 42s 28(2)

exemption notice see section 155AL.

s 4 def exemption notice ins 2016 No. 4s 18(2)

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

s 4 def exempt licensee ins 2014 No. 42s 28(2)

exempt minor see section 155.

s 4 def exempt minor ins 1994 No. 59s 4(3)

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

s 4 def exit ins 2005 No. 61s 4(2)

extended trading hour ...

s 4 def extended trading hour ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

extended trading hours approval see section 84.

s 4 def extended trading hours approval ins 2008 No. 48s 6

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

s 4 def family ins 1999 No. 73s 145

fee includes a tax.

s 4 def fee ins 2008 No. 48s 6

function see section 4A.

s 4 def function sub 1994 No. 59s 4(2)–(3)

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.

s 4 def fundraising event ins 2013 No. 25s 121(2)

sub 2013 No. 62s 23(1), (3)

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

s 4 def further action ins 2013 No. 62s 23(4)

games authority ...

s 4 def games authority ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

games period ...

s 4 def games period ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

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.

s 4 def have in possession ins 2002 No. 47s 44(1)

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

s 4 def identified organisation ins 2016 No. 62s 176(2)

identified participant ...

s 4 def identified participant ins 2014 No. 64s 87(2)

om 2016 No. 62s 176(1)

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

s 4 def ID scanner ins 2014 No. 42s 28(2)

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

s 4 def ID scanning system ins 2014 No. 42s 28(2)

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

s 4 def immediate suspension notice ins 2013 No. 62s 23(4)

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

s 4 def incident register ins 2005 No. 61s 4(2)

incorporated association see the Associations Incorporation Act 1981, schedule 2.

s 4 def incorporated association ins 2014 No. 42s 28(2)

amd 2020 No. 17s 68sch 1

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

s 4 def indigenous regional council ins 2007 No. 59s 82(2)

amd 2009 No. 17s 331sch 1

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

s 4 def industrial canteen licence ins 2008 No. 48s 6

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.

s 4 def information notice ins 2003 No. 60s 4(2)

amd 2012 No. 25s 144(1); 2014 No. 42s 28(5)

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.

s 4 def interested person ins 2001 No. 39s 5(2)

amd 2012 No. 25s 144(1)

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

s 4 def interest in a brothel ins 1999 No. 73s 145

amd 2001 No. 39s 5(4)

interim civil banning order ...

s 4 def interim civil banning order ins 2010 No. 51s 20

om 2014 No. 42s 28(1)

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.

s 4 def investigator amd 1994 No. 59s 4(4); 2002 No. 47s 44(2); 2007 No. 59s 82(5); 2016 No. 4s 18(3)

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

s 4 def irresponsible ins 2014 No. 42s 28(2)

Island police officer ...

s 4 def Island police officer ins 2002 No. 47s 44(1)

om 2007 No. 59s 82(1)

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

s 4 def licence sub 2003 No. 60s 4(1)–(2)

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.

s 4 def licensed brothel ins 1999 No. 73s 145

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.

s 4 def licensee ins 2014 No. 42s 28(2)

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

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

s 4 def licensee ban ins 2014 No. 42s 28(2)

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

s 4 def licensee member ins 2014 No. 42s 28(2)

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

s 4 def licensee’s course ins 2003 No. 60s 4(2)

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.

s 4 def licensee’s course certificate ins 2008 No. 48s 44

liquor see section 4B.

s 4 def liquor sub 1994 No. 59s 4(2)–(3)

liquor commissioner ...

s 4 def liquor commissioner ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

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

s 4 def local board ins 2014 No. 42s 28(2)

lock out condition ...

s 4 def lock out condition ins 2016 No. 4s 18(2)

om 2017 No. 5s 4(1) (retro)

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

s 4 def main premises ins 2008 No. 48s 6

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

s 4 def management committee ins 2014 No. 42s 28(2)

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.

s 4 def MEDQ ins 2019 No. 11s 124(2)

member of a reciprocal club ...

s 4 def member of a reciprocal club ins 1994 No. 59s 4(3)

amd 2008 No. 48s 59(1)sch 1; 2009 No. 41s 66(2)

om 2011 No. 44s 17(1)

mortgagee includes a lienee.

non-profit entity see section 11A.

s 4 def non-profit entity ins 2013 No. 25s 121(2)

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.

on-premises (cabaret) licence ...

s 4 def on-premises (cabaret) licence ins 2001 No. 39s 5(2)

om 2008 No. 48s 59(1)sch 1

on-premises (function) licence ...

s 4 def on-premises (function) licence ins 2001 No. 39s 5(2)

om 2008 No. 48s 59(1)sch 1

on-premises (meals) licence ...

s 4 def on-premises (meals) licence ins 2001 No. 39s 5(2)

om 2008 No. 48s 59(1)sch 1

on-premises (other activity) licence ...

s 4 def on-premises (other activity) licence ins 2001 No. 39s 5(2)

om 2008 No. 48s 59(1)sch 1

on-premises (presentations) licence ...

s 4 def on-premises (presentations) licence ins 2001 No. 39s 5(2)

om 2008 No. 48s 59(1)sch 1

on-premises (tourist) licence ...

s 4 def on-premises (tourist) licence ins 2001 No. 39s 5(2)

om 2008 No. 48s 59(1)sch 1

on-premises (transport) licence ...

s 4 def on-premises (transport) licence ins 2001 No. 39s 5(2)

om 2008 No. 48s 59(1)sch 1

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.

s 4 def ordinarily set aside for dining ins 2001 No. 39s 5(2)

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

s 4 def original decision ins 2003 No. 60s 4(2)

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.

s 4 def patron ins 2005 No. 61s 4(2)

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

s 4 def PDA-associated land ins 2019 No. 11s 124(2)

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.

s 4 def photo ID ins 2014 No. 42s 28(2)

place includes vacant land or premises.

Planning Act means the Planning Act 2016.

s 4 def Planning Act ins 2016 No. 27s 306(2)

police commissioner means the commissioner of the police service.

s 4 def police commissioner ins 2012 No. 25s 112(2)

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.

s 4 def police district officer ins 2013 No. 62s 23(2)

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

s 4 def police information report ins 2013 No. 62s 23(4)

police report ...

s 4 def police report ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

police service means the Queensland Police Service.

s 4 def police service ins 2014 No. 42s 28(2)

post-amended Act means—

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

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

s 4 def post-amended Act ins 2005 No. 61s 4(2)

sub 2008 No. 48s 59(1)sch 1

pre-amended Act means—

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

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

s 4 def pre-amended Act ins 2005 No. 61s 4(2)

sub 2008 No. 48s 59(1)sch 1

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.

s 4 def prescribed offence ins 2016 No. 62s 176(2)

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

s 4 def prescribed provision ins 2002 No. 47s 44(1)

sub 2003 No. 60s 4(1)–(2)

amd 2004 No. 37s 86sch 1; 2007 No. 36s 2sch; 2007 No. 59s 82(6); 2008 No. 30s 18(3)

prescribed quantity see section 173H(2).

s 4 def prescribed quantity ins 2002 No. 47s 44(1)

presiding case manager ...

s 4 def presiding case manager ins 2002 No. 51s 4

amd 2004 No. 53s 2sch

om 2005 No. 14s 2sch

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

s 4 def priority development area ins 2019 No. 11s 124(2)

private event see section 101.

s 4 def private event ins 2001 No. 39s 5(2)

amd 2008 No. 48s 59(1)sch 1

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

s 4 def producer/wholesaler licence ins 2008 No. 48s 6

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

s 4 def prohibited item ins 2013 No. 46s 74

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

s 4 def prohibited person ins 2016 No. 62s 176(2)

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

s 4 def promotional event ins 2016 No. 4s 18(2)

proposed action—

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

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

s 4 def proposed action ins 2008 No. 48s 44

sub 2013 No. 62s 23(2), (4)

prostitution ...

s 4 def prostitution ins 1999 No. 73s 145

om 2016 No. 62s 176(1)

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

s 4 def provisional licence ins 2001 No. 39s 5(2)

public event see section 101.

s 4 def public event ins 2001 No. 39s 5(2)

amd 2008 No. 48s 59(1)sch 1

public place ...

s 4 def public place ins 2002 No. 47s 44(1)

amd 2004 No. 39s 4(2)

om 2008 No. 30s 18(1)

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.

s 4 def racing offence provision ins 2016 No. 12s 389 sch 2pt 2

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

s 4 def rapid intoxication drink ins 2016 No. 4s 18(2)

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.

s 4 def reciprocal club ins 2011 No. 44s 17(2)

register means the register kept under section 43.

s 4 def register ins 2001 No. 39s 5(2)

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

s 4 def registered corresponding control order ins 2016 No. 62s 176(2)

registrar ...

s 4 def registrar ins 2002 No. 51s 4

sub 2003 No. 30s 169sch 1

om 2005 No. 14s 2sch

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

s 4 def regulated car park ins 2016 No. 4s 18(2)

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

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

s 4 def regulated premises ins 2014 No. 42s 28(2)

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

s 4 def related body corporate ins 2016 No. 4s 18(2)

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.

s 4 def relevant action ins 2001 No. 39s 5(2)

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

s 4 def relevant agreement ins 2014 No. 64s 87(2)

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.

s 4 def relevant licence ins 2008 No. 30s 18(2)

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

s 4 def relevant licensee ins 2014 No. 42s 28(2)

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.

s 4 def relevant period ins 2005 No. 61s 4(2)

amd 2006 No. 11s 97; 2009 No. 36s 872sch 2

sub 2016 No. 27s 306

amd 2019 No. 11s 124(3)

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).

s 4 def relevant public sector entity ins 2008 No. 30s 18(2)

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

s 4 def relevant restricted area ins 2013 No. 25s 121(2)

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

s 4 def remote industrial locality ins 2008 No. 48s 6

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

s 4 def resident ins 2005 No. 13s 4

respondent ...

s 4 def respondent ins 2010 No. 51s 20

om 2014 No. 42s 28(1)

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

s 4 def restricted area ins 2002 No. 47s 44(1)

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

s 4 def restricted period ins 2016 No. 4s 18(2)

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

s 4 def restriction ins 2016 No. 4s 18(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.

s 4 def risk-assessed management plan ins 2008 No. 48s 6

sub 2013 No. 25s 121(1)–(2)

amd 2016 No. 4s 18(4)

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.

s 4 def RSL honorary member ins 2011 No. 44s 17(2)

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

s 4 def rules ins 2014 No. 42s 28(2)

safe night precinct see section 173NC(1).

s 4 def safe night precinct ins 2014 No. 42s 28(2)

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.

s 4 def secretary amd 2001 No. 39s 5(5)

section 228B decision ...

s 4 def section 228B decision ins 2014 No. 64s 87(2)

om 2016 No. 62s 176(1)

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).

s 4 def show cause notice ins 2008 No. 48s 44

sub 2013 No. 62s 23(2), (4)

show cause period—

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

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

s 4 def show cause period ins 2008 No. 48s 44

sub 2013 No. 62s 23(2), (4)

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

s 4 def small regional show ins 2013 No. 25s 121(2)

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

staged development approval see section 123A(2).

s 4 def staged development approval ins 2001 No. 39s 5(2)

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

s 4 def standard drink ins 2013 No. 25s 121(2)

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

s 4 def subsidiary off-premises licence ins 2008 No. 48s 6

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

s 4 def subsidiary on-premises licence ins 2008 No. 48s 6

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.

s 4 def subsidiary on-premises licence (meals) ins 2013 No. 25s 121(2)

Surfers Paradise CBD safe night precinct ...

s 4 def Surfers Paradise CBD safe night precinct ins 2018 No. 2s 8 (2)

om 2018 No. 2s 8(1)

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

s 4 def system failure ins 2014 No. 42s 28(2)

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

s 4 def takeaway liquor ins 2010 No. 51s 20

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

s 4 def trading period ins 2005 No. 13s 4

sub 2005 No. 61s 4(1)–(2); 2016 No. 4s 18(1)–(2)

amd 2016 No. 4s 18(5)

sub 2017 No. 5s 4 (retro)

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.

s 4 def training course certificate prev def ins 2005 No. 61s 4(2)

om 2008 No. 48s 59(1)sch 1

pres def ins 2008 No. 48s 6

sub 2013 No. 25s 121(1)–(2); 2013 No. 62s 23(1), (3)

training register ...

s 4 def training register ins 2005 No. 61s 4(2)

om 2013 No. 62s 23(1)

Tribunal ...

s 4 def Tribunal om 2003 No. 30s 169sch 1

tribunal means QCAT.

s 4 def tribunal ins 2003 No. 30s 169sch 1

sub 2009 No. 24s 621(2)

tribunal Act means the QCAT Act.

s 4 def tribunal Act ins 2003 No. 30s 169sch 1

sub 2009 No. 24s 621(2)

unduly intoxicated ...

s 4 def unduly intoxicated om 2014 No. 42s 28(1)

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.

s 4 def unlicensed person sub 2001 No. 39s 5(1)–(2)

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.

s 4 def unreasonable noise ins 2014 No. 42s 28(2)

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

s 4 def wine sub 1994 No. 80s 67sch 1

s 4 amd 1994 No. 59s 4(1)

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.

s 4A ins 1994 No. 59s 5

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.

s 4B ins 1994 No. 59s 5

amd 2008 No. 48s 7

sub 2016 No. 4s 19

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.

s 4C ins 1999 No. 73s 146

amd 2001 No. 39s 3sch

pt 1 div 3 hdg ins 2013 No. 25s 122

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.

s 5 sub 1994 No. 59s 6

amd 2008 No. 48s 8

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.

s 6 amd 1994 No. 59s 7; 2001 No. 39s 7

sub 2008 No. 72s 51

amd 2012 No. 25s 144(1)

sub 2016 No. 4s 20

amd 2017 No. 25s 43; 2020 No. 21s 14

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.

s 7 amd 2001 No. 39s 8

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.

s 9 amd 1994 No. 59s 8; 2001 No. 39s 9; 2005 No. 61s 6; 2008 No. 48s 9; 2009 No. 26s 50; 2009 No. 41s 68; 2010 No. 51s 21; 2012 No. 2s 6; 2012 No. 25s 144(1); 2014 No. 42s 29A; 2016 No. 17s 130

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.

s 9A ins 2014 No. 42s 30

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.

s 10 amd 2005 No. 61s 7

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.

s 10A ins 2001 No. 39s 10

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.

pt 1 div 4 hdg ins 2013 No. 25s 123

pt 1 div 4 sdiv 1 hdg ins 2013 No. 25s 123

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.

s 11A ins 2013 No. 25s 123

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.

s 12 amd 2001 No. 39s 11; 2002 No. 13s 53; 2005 No. 10s 50sch; 2008 No. 48s 10; 2009 No. 26s 51; 2010 No. 14s 124sch; 2013 No. 25s 124

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.

s 13 ins 2013 No. 25s 127

amd 2013 No. 62s 68sch 1pt 2; 2014 No. 42s 31; 2016 No. 62s 178

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.

s 14 ins 2013 No. 25s 127

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).

s 14A ins 2013 No. 25s 127

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.

s 14AB ins 2016 No. 4s 21

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.

s 14B ins 2013 No. 25s 127

amd 2013 No. 62s 24; 2016 No. 4s 22; 2017 No. 18s 37sch 1

pt 1 div 4 sdiv 2 hdg ins 2013 No. 25s 127

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.

s 14C ins 2013 No. 25s 127

pt 2 hdg sub 2003 No. 30s 169sch 1

amd 2013 No. 64s 89; 2016 No. 62s 179

pt 2 div 1 hdg prev div 1 hdg om 2003 No. 30s 169sch 1

pres div 1 hdg ins 2003 No. 30s 169sch 1

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.

s 21 amd 1994 No. 59s 3sch 1; 1994 No. 80s 67sch 1; 2001 No. 39s 13; 2002 No. 47s 46; 2003 No. 30s 169sch 1; 2003 No. 60s 5; 2008 No. 48ss 11, 45; 2009 No. 41s 69; 2010 No. 51s 22; 2012 No. 25ss 113, 144(1); 2013 No. 25s 128; 2013 No. 62s 25; 2013 No. 64ss 90(1)–(2), 116(1); 2014 No. 42s 32; 2016 No. 4s 23; 2016 No. 62s 180

pt 2 div 2 hdg prev div 2 hdg om 2003 No. 30s 169sch 1

pres div 2 hdg (prev div 3 hdg) renum 2003 No. 30s 169sch 1

sub 2009 No. 24s 622

29ADefinitions

In this division—

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

s 29A def submission amd 2001 No. 39s 107

sub 2009 No. 24s 622

tribunal registrar means the principal registrar under the tribunal Act.

s 29A def tribunal registrar ins 2009 No. 24s 622

s 29A ins 1994 No. 59s 10

sub 2009 No. 24s 622

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.

s 30 sub 2001 No. 39s 18

amd 2002 No. 47s 47

sub 2009 No. 24s 622

amd 2010 No. 51ss 23–24; 2012 No. 25ss 114, 144(1)

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.

s 31 sub 2001 No. 39s 18

amd 2003 No. 30s 169sch 1

sub 2009 No. 24s 622

amd 2010 No. 51s 24; 2012 No. 25ss 115, 144(1)

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.

s 32 amd 2001 No. 39s 3sch; 2005 No. 14s 2sch

sub 2009 No. 24s 622

amd 2010 No. 51s 25; 2012 No. 25ss 116, 144(1)

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.

s 33 amd 2005 No. 14s 2sch

sub 2009 No. 24s 622

amd 2010 No. 51s 24; 2012 No. 25ss 117, 144(1)

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.

s 34 sub 1994 No. 59s 11

amd 1995 No. 50s 3sch; 2001 No. 39ss 19, 107; 2003 No. 30s 169sch 1; 2005 No. 14s 2sch

sub 2009 No. 24s 622

amd 2010 No. 51s 24; 2012 No. 25ss 118, 144(1)

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.

s 35 prev s 35 amd 1994 No. 59s 3sch 2

om 2003 No. 30s 169sch 1

pres s 35 ins 2007 No. 11s 78

sub 2009 No. 24s 622

amd 2012 No. 25s 144(1)

pt 3 div 1 hdg om 1994 No. 59s 3sch 2

pt 3 div 2 hdg om 1994 No. 59s 17

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

s 42 amd 1994 No. 59s 14; 1996 No. 37s 147sch 2; 2001 No. 39s 24; 2002 No. 47s 48; 2012 No. 25s 144(1)

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.

s 42A ins 2008 No. 48s 12

amd 2008 No. 48s 59(1)sch 1; 2012 No. 25ss 119, 144; 2013 No. 25s 129; 2014 No. 42s 33

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.

s 43 sub 2001 No. 39s 25

amd 2002 No. 51s 101sch; 2003 No. 30s 169sch 1; 2008 No. 48s 59(2)sch 2; 2012 No. 25s 144(1)

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.

s 44 amd 2001 No. 39s 3sch

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.

s 44A ins 1994 No. 59s 15

amd 2012 No. 25s 144(1)

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.

s 45 amd 2001 No. 39s 26; 2008 No. 48s 59(2)sch 2; 2012 No. 25s 144(1)

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.

s 46 amd 1994 No. 59s 16; 2001 No. 39s 3sch; 2008 No. 48s 59schs 1–2; 2012 No. 25s 144(1); 2014 No. 42s 33A; 2019 No. 37s 6B

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.

s 46A ins 2014 No. 42s 33B

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.

s 47 amd 2012 No. 25s 144(1)

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.

s 47A ins 2001 No. 39s 27

sub 2002 No. 51s 18

amd 2012 No. 25s 144(1)

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.

s 47B ins 2013 No. 64s 92

sub 2016 No. 62s 182

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.

s 47C ins 2013 No. 64s 92

sub 2016 No. 62s 182

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 applications under section 121B; or

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

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

s 48 amd 2001 No. 39s 28; 2009 No. 24s 623

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.

pt 3A hdg ins 2008 No. 48s 13

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.

s 50 prev s 50 om 1994 No. 59s 17

pres s 50 ins 2008 No. 48s 13

sub 2013 No. 25s 130

amd 2014 No. 42s 34

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.

s 51 prev s 51 om 1994 No. 59s 17

pres s 51 ins 2008 No. 48s 13

amd 2012 No. 25s 144(1)

sub 2013 No. 25s 130

amd 2014 No. 42s 35

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, risk-assessed management planrisk-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.

s 52 prev s 52 om 1994 No. 59s 17

pres s 52 ins 2008 No. 48s 13

amd 2012 No. 25s 144(1); 2013 No. 25s 131; 2014 No. 42s 36

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.

s 52A ins 2014 No. 42s 37

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.

s 53 prev s 53 om 1994 No. 59s 17

pres s 53 ins 2008 No. 48s 13

amd 2012 No. 25s 144(1); 2014 No. 42s 38

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.

s 54 prev s 54 om 1994 No. 59s 17

pres s 54 ins 2008 No. 48s 13

sub 2014 No. 42s 39

pt 4 hdg sub 2008 No. 48s 13

pt 4 div 10 hdg om 2008 No. 48s 13

pt 4 div 11 hdg om 2008 No. 48s 13

pt 4 div 12 hdg om 2008 No. 48s 13

pt 4 div 12A hdg ins 2001 No. 39s 62

om 2008 No. 48s 13

pt 4 div 13 hdg ins 1994 No. 59s 36

om 2008 No. 48s 13

pt 4 div 13A hdg ins 1999 No. 73s 148

om 2008 No. 48s 13

pt 4 div 13B hdg ins 2002 No. 47s 51

om 2008 No. 48s 13

pt 4 div 14 hdg (prev div 13 hdg) renum 1994 No. 59s 35

om 2008 No. 48s 13

pt 4 div 1 hdg sub 2008 No. 48s 13

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.

s 58 amd 1994 No. 59s 18; 2001 No. 39s 29

sub 2008 No. 48s 13

amd 2014 No. 42s 40

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.

s 58A prev s 58A ins 2001 No. 39s 30

om 2008 No. 48s 13

pres s 58A ins 2010 No. 51s 26

amd 2012 No. 25ss 120, 144(1); 2014 No. 42s 40A

pt 4 div 2 hdg sub 2008 No. 48s 13

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.

s 59 sub 1994 No. 59s 19

amd 2001 No. 39s 3sch; 2005 No. 61s 8

sub 2008 No. 48s 13

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.

s 60 sub 2001 No. 39s 31; 2008 No. 48s 13

amd 2012 No. 25s 144(1)

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.

s 61 sub 2008 No. 48s 13

amd 2012 No. 25s 144(1)

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.

s 62 amd 1994 No. 59s 20; 2001 No. 39s 33

sub 2008 No. 48s 13

pt 4 div 3 hdg sub 2008 No. 48s 13

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).

s 63 amd 2001 No. 39s 34

sub 2008 No. 48s 13

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.

s 64 amd 1994 No. 59s 21

sub 2001 No. 39s 35; 2008 No. 48s 13

amd 2009 No. 41s 69A; 2012 No. 25s 144(1); 2014 No. 42s 40B

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.

s 65 amd 1994 No. 59s 22

sub 2001 No. 39s 36; 2008 No. 48s 13

amd 2012 No. 25s 144(1)

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.

s 65A ins 2009 No. 41s 69B

pt 4 div 4 hdg sub 2008 No. 48s 13

pt 4 div 4 sdiv 1 hdg sub 2008 No. 48s 13

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.

s 66 amd 2001 No. 39s 3sch

sub 2008 No. 48s 13

pt 4 div 4 sdiv 2 hdg sub 2001 No. 39s 3sch; 2008 No. 48s 13

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).

s 67 amd 1994 No. 59s 3sch 2; 2001 No. 39s 37

sub 2008 No. 48s 13

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).

s 67A ins 2008 No. 48s 13

amd 2014 No. 42s 42

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.

s 67B ins 2008 No. 48s 13

amd 2013 No. 62s 26

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.

s 67C ins 2008 No. 48s 13

amd 2012 No. 25s 144(1)

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.

s 67D ins 2008 No. 48s 13

amd 2012 No. 25s 144(1); 2014 No. 42s 42A

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).

s 67E ins 2008 No. 48s 13

amd 2012 No. 25s 144(1)

pt 4 div 4 sdiv 3 hdg sub 2001 No. 39s 3sch; 2008 No. 48s 13

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).

s 68 amd 1994 No. 59s 23

sub 2008 No. 48s 13

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.

s 69 sub 2008 No. 48s 13

amd 2012 No. 25s 121

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.

s 69A ins 2008 No. 48s 13

amd 2012 No. 25s 144(1)

pt 4 div 4 sdiv 4 hdg sub 2001 No. 39s 3sch; 2008 No. 48s 13

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).

s 70 amd 2001 No. 39s 38

sub 2008 No. 48s 13

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.

s 70A ins 2001 No. 39s 39

sub 2008 No. 48s 13

pt 4 div 4 sdiv 5 hdg sub 2001 No. 39s 3sch; 2008 No. 48s 13

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.

s 71 sub 2008 No. 48s 13

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).

s 71A ins 2001 No. 39s 40

sub 2008 No. 48s 13

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).

s 71B ins 2008 No. 48s 13

amd 2009 No. 26s 52

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.

s 71C ins 2008 No. 48s 13

amd 2012 No. 25s 144(1)

pt 4 div 4 sdiv 6 hdg sub 2001 No. 39s 3sch; 2008 No. 48s 13

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).

s 72 sub 2008 No. 48s 13

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.

s 73 sub 1994 No. 59s 25; 2001 No. 39s 42; 2008 No. 48s 13

amd 2016 No. 4s 24

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).

s 74 sub 2001 No. 39s 43; 2008 No. 48s 13

amd 2012 No. 25s 144(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.

s 74A prev s 74A ins 2001 No. 39s 44

om 2008 No. 48s 13

pres s 74A ins 2016 No. 4s 25

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.

s 75 amd 2001 No. 39s 45

sub 2008 No. 48s 13

amd 2016 No. 4s 26

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.

s 75A prev s 75A ins 2001 No. 39s 46

om 2008 No. 48s 13

pres s 75A ins 2016 No. 4s 27

pt 4 div 5 hdg sub 2008 No. 48s 13

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).

s 76 amd 2001 No. 39s 47

sub 2008 No. 48s 13 (amd 2008 No. 75s 78)

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.

s 77 amd 1994 No. 59s 3sch 2; 2001 No. 39s 48

sub 2008 No. 48s 13

amd 2011 No. 44s 18; 2012 No. 25s 144(1); 2016 No. 4s 28

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.

s 78 sub 2001 No. 39s 49; 2008 No. 48s 13

amd 2009 No. 41s 70; 2012 No. 25s 144(1)

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.

s 79 sub 2001 No. 39s 49; 2008 No. 48s 13

amd 2011 No. 44s 19; 2012 No. 25s 144(1)