Division 4Division 4 Special provisions relating to corporate licensees
This Division applies in relation to any licence that is held by a corporation (including a registered club).
(1) A licensee (other than a registered club):(a) must appoint a manager approved by the Authority under this Division for the licensed premises, and(b) must not cause or permit the conduct of business under the licence for a period of more than 28 days except under the personal supervision and management of a person so approved.Maximum penalty: 50 penalty units.
(2) A registered club that has more than one set of premises:(a) must appoint a different manager, approved by the Authority under this Division, for each set of premises of the club at which the secretary of the club is not in attendance, and(b) must not cause or permit the conduct of business on any such premises for a period of more than 2 months except under the management of a person so approved.Maximum penalty: 50 penalty units.
(3) Subsection (2) does not apply to a registered club:(a) that has no more than 2 sets of premises and the premises concerned:(i) are, in the case where the main premises of the club are situated in a metropolitan area, within 10 kilometres of the other premises of the club or are, in the case where the main premises of the club are not situated in a metropolitan area, within 50 kilometres of the other premises of the club, or(ii) are staffed by less than 5 full-time employees, or(b) in such other circumstances as are prescribed by the regulations.(4) Despite subsection (2), a registered club may appoint a person to act as a manager of any of the club’s premises for the purposes of that subsection even though the person has not been approved by the Authority, but only if an application for the approval of the person to manage licensed premises has been made under section 68.(5) A person’s authorisation to be appointed under subsection (4) to act as manager of club premises expires on the determination by the Authority of the relevant application for approval.(6) In this section:metropolitan area means any of the following areas as determined by the Australian Bureau of Statistics:
(a) the Sydney Statistical Division,(b) the Statistical Local Areas of Newcastle (Statistical Local Areas 5901 and 5902),(c) the Statistical Local Area of Lake Macquarie (Statistical Local Area 4650),(d) the Statistical Local Area of Wollongong (Statistical Local Area 8450).
67 Restrictions on who may be appointed as manager
(1) The following provisions apply to the appointment under section 66 of a manager of licensed premises:(a) a person may not be appointed as the manager of licensed premises unless the person is approved by the Authority to manage licensed premises and the approval applies to the premises or class of premises concerned,(b) only an individual may be appointed to manage licensed premises,(c) a person cannot be appointed as the manager of licensed premises if at the time of the appointment the person already holds an appointment as the manager of other licensed premises.(2) Subsection (1) (c) does not apply in the case of a registered club referred to in section 66 (3).(3) Subject to section 66 (4), an appointment in contravention of this section is void for the purposes of this Act.
68 Approval of persons to manage licensed premises
(1) An application for the Authority’s approval of a person to manage licensed premises must be in the form and manner approved by the Authority and be accompanied by the fee prescribed by the regulations.(2) The Authority may grant any such application or refuse to grant the application.(3) In determining an application for approval of a person to manage licensed premises, the Authority has the same powers in relation to the application as the Authority has in relation to an application for a licence.(4) The Authority’s approval may not be given unless the Authority is satisfied that the person concerned:(a) is a fit and proper person to manage licensed premises, and(b) understands the person’s responsibilities in relation to, and is capable of implementing, practices in place at licensed premises for ensuring the responsible sale, supply and service of alcohol and the prevention of intoxication, and(c) if the Authority has required the person to attend a course of training or instruction approved by the Authority—has completed the course to the standard required by the Authority.(4A) Without limiting subsection (4) (a), a person is not a fit and proper person to manage licensed premises if the Authority has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the person:(a) that the person:(i) is a member of, or(ii) is a close associate of, or(iii) regularly associates with one or more members of,a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2009, and(b) that the nature and circumstances of the person’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the person is granted an approval.(4B) The Authority is not, under this or any other Act or law, required to give any reasons for not granting an approval because of subsection (4A) to the extent that the giving of those reasons would disclose any criminal intelligence.(5) If the Authority is satisfied that there is nothing that might preclude the Authority from approving of the person to manage licensed premises, but requires more information before making a final decision, the Authority may give a provisional approval of the person to be such a manager.(6) A provisional approval is sufficient to authorise the appointment of the person, in accordance with section 69, as manager of the licensed premises until such time as the Authority confirms the approval of the person.(7) An approval or provisional approval of a person to manage licensed premises may be given so as to apply in relation to any particular licensed premises, to all licensed premises of a specified class or to all licensed premises, as the Authority thinks fit.
(1) A licensee must give the Authority notice of the appointment of a person as manager of licensed premises.Maximum penalty: 20 penalty units.
(2) The appointment of a manager is not in force until the licensee has given the Authority notice of the appointment as required by this section, accompanied by the declaration referred to in subsection (5) (b).(3) The appointment of a manager is revoked by the licensee giving notice under this section of the appointment of a new manager or by the licensee or manager giving the Authority notice of the manager’s ceasing to act as manager.(4) A notice under this section may specify a day that is later than the day the notice is given as the day the notice is to take effect, and the notice takes effect accordingly.(5) A notice under this section:(a) must be completed in writing in the form approved by the Authority, and(b) must be accompanied by a declaration in writing, in a form approved by the Authority, of the person to be appointed as manager of the premises concerned:(i) signifying the person’s acceptance of the appointment, and(ii) certifying such matters as the form of notice may require (including matters relating to the person’s responsibilities in relation to, and capacity to implement, practices in place at the premises for ensuring the responsible sale, supply and service of alcohol, and the prevention of intoxication, on the premises).(6) In any proceedings in which the question of whether notice was given to the Authority under this section is at issue, the party alleged to have given the notice bears the onus of establishing on the balance of probabilities that the notice was given.
70 Liability of licensee for contravention by manager
The licensee of licensed premises is taken to have contravened any provision of this Act or the regulations that the manager of the licensed premises has contravened as a result of section 91 unless the licensee establishes that the licensee:(a) did not authorise or knowingly permit the contravention by the manager, and(b) maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention occurring.
71 Liability of directors etc of corporate licensees
(1) If a licensee that is a corporation contravenes (whether by act or omission) any provision of this Act or the regulations, each person who occupies a position of authority in the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) If a licensee that is a corporation is taken to have contravened (whether by act or omission) any provision of this Act or the regulations by reason of a contravention by the manager of the licensed premises, each person who occupies a position of authority in the corporation is taken to have contravened the same provision unless the person establishes that the person:(a) was not knowingly a party to any authorisation by the corporation of the contravention by the manager, and(b) took all reasonable steps (within the scope of the person’s authority) to ensure that the corporation maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention by the manager occurring.(3) A person may be proceeded against and convicted under a provision in accordance with this section whether or not the corporation or manager of the licensed premises has been proceeded against or convicted.(4) This section does not affect any liability imposed on a corporation or the manager of licensed premises for an offence committed by the corporation or manager under this Act or the regulations.(5) Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the corporation had that intention at that time.
72 Corporate licences—interpretative provisions
(1) A reference in this Act to a position of authority in a corporation is a reference to the position of chief executive officer, director or secretary of the corporation. However for the purposes of section 71, a person who is a director of a registered club is not a person who occupies a position of authority in that corporation.(2) For the purposes of this Act, a person who occupies a position of authority in a corporation is to be regarded as interested in an application for a licence made by the corporation and as interested in the business of the licensed premises to which a licence held by the corporation relates.(3) For the purposes of this Act, a person who is a shareholder in a corporation is not (merely because of being a shareholder) to be regarded as a person who will be interested in an application for a licence made by the corporation or in the business, or the profits or conduct of the business, to be carried on pursuant to the licence applied for or of the licensed premises to which a licence held by the corporation relates.