Part 5 Regulation and control of licensed premises
Division 1 Conduct on licensed premises
73 Prevention of excessive consumption of alcohol on licensed premises
(1) A licensee must not permit:(a) intoxication, or(b) any indecent, violent or quarrelsome conduct,on the licensed premises.Maximum penalty: 100 penalty units.
(2) A licensee or an employee or agent of a licensee must not, on the licensed premises, sell or supply liquor to an intoxicated person.Maximum penalty: 100 penalty units.
(3) A person (other than a licensee or an employee or agent of a licensee) must not, on licensed premises, supply liquor to an intoxicated person.Maximum penalty: 10 penalty units.
(4) If an intoxicated person is on licensed premises, the licensee is taken to have permitted intoxication on the licensed premises unless the licensee proves:(a) that the licensee, and the licensee’s employees or agents, took the steps set out in subsection (5) or all other reasonable steps to prevent intoxication on the licensed premises, or(b) that the intoxicated person did not consume alcohol on the licensed premises.(5) For the purposes of subsection (4) (a), the following are the relevant steps:(a) asked the intoxicated person to leave the premises,(b) contacted, or attempted to contact, a police officer for assistance in removing the person from the premises,(c) refused to serve the person any alcohol after becoming aware that the person was intoxicated.(6) In the application of this section to an on-premises licence that relates to a catering service, a reference to licensed premises does not include private domestic premises except for the purposes of subsection (2).
74 Sale of stolen goods and possession, use or sale of drugs on licensed premises
(1) A licensee must not permit the licensed premises to be used for the sale of:(a) any goods that the licensee suspects of being stolen, or(b) any substance that the licensee suspects of being a prohibited plant or a prohibited drug.Maximum penalty: 50 penalty units.
(2) A licensee must not permit the possession or use on the licensed premises of any substance that the licensee suspects of being a prohibited plant or a prohibited drug.Maximum penalty: 50 penalty units.
(3) An employee or agent of a licensee or a person (other than the licensee) in charge of licensed premises must not permit the licensed premises to be used for the sale of:(a) any goods that the employee, agent or person suspects of being stolen, or(b) any substance that the employee, agent or person suspects of being a prohibited plant or a prohibited drug.Maximum penalty: 50 penalty units.
(4) An employee or agent of a licensee or a person (other than the licensee) in charge of licensed premises must not permit the possession or use on the licensed premises of any substance that the employee, agent or person suspects of being a prohibited plant or a prohibited drug.Maximum penalty: 50 penalty units.
(5) It is a defence to a prosecution for an offence under this section if it is proved that the goods concerned were not stolen or that the substance concerned was not a prohibited plant or a prohibited drug.
75 Directions to licensees and staff of licensed premises
(1) The Director-General may give a licensee, or any employee or agent of a licensee, a written direction concerning any matter relating to the licensed premises (including any conduct on the licensed premises).(2) The direction takes effect when the direction is given to the licensee or person concerned or on a later date specified in the direction.(3) A licensee, employee or agent who, without reasonable excuse, fails to comply with a direction under this section is guilty of an offence.Maximum penalty: 50 penalty units.
(4) The power conferred by this section includes a power to give a direction to adopt, vary, cease or refrain from any practice on or in respect of the licensed premises.(5) The Director-General may revoke or vary a direction given under this section.(6) A direction under this section must not be inconsistent with this Act and the authorisation conferred by the licence concerned.
Division 2 Exclusion of persons from licensed premises
76 Self-exclusion of patrons from licensed premises
(1) A person (the participant) may request a licensee to enter into an agreement (a self-exclusion agreement) with the person under which the person agrees to be prevented from entering or remaining on the licensed premises specified in the agreement.(2) A self-exclusion agreement is to be in the form approved by the Authority. The approved form may contain specified requirements that must be complied with in relation to such an agreement, including specifying the circumstances in which licensees are required to comply with a request to enter into an agreement. The approved form may also include provision for the manner in which a self-exclusion agreement may be terminated by the parties to the agreement.(3) If a request is made by a person to enter into a self-exclusion agreement, the licensee must enter into the agreement if the circumstances in which the request is made comply with the circumstances specified in the form approved by the Authority.(4) A self-exclusion agreement may, if the licensee who enters into the agreement is participating in a liquor accord, also apply in relation to any or all of the other licensed premises that are subject to the accord, but only if those other premises are specified in the agreement. In any such case, the licensee of each of the premises is taken to have entered into the agreement concerned.(5) Each of the parties to a self-exclusion agreement is required to comply with the terms of the agreement.(6) It is lawful for a responsible person for licensed premises specified in a self-exclusion agreement, using no more force than is reasonable in the circumstances:(a) to prevent the participant from entering the licensed premises, and(b) to remove the participant, or cause the participant to be removed, from the licensed premises.(7) No civil or criminal liability is incurred by a responsible person for licensed premises to which a self-exclusion agreement relates (or, in the case of club premises, by the registered club itself):(a) for any act done or omitted to be done in good faith, and in accordance with this section, to or in respect of the participant concerned, or(b) if the participant enters or remains on the licensed premises to which the agreement relates.(7A) This section does not limit or otherwise affect the civil liability of a person for negligence that causes personal injury to a person or the death of a person.(8) This section does not affect the operation of any self-exclusion scheme under section 49 of the Gaming Machines Act 2001.
77 Non-voluntary exclusion of persons from licensed premises
(1) In this section:authorised person means a licensee, an employee or agent of a licensee or a police officer.
employee includes, in the case of a registered club, a person engaged under a contract for services.
vicinity of licensed premises means any place less than 50 metres from any point on the boundary of the premises.
(2) An authorised person may refuse to admit to, or may turn out of, licensed premises any person:(a) who is at the time intoxicated, violent, quarrelsome or disorderly, or(b) whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or(c) who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or(d) who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or a prohibited drug, or(e) whom the authorised person, under the conditions of the licence or according to a term (of the kind referred to in section 134 or 136D) of a liquor accord, is authorised or required to refuse access to the licensed premises.(3) If, under subsection (2), a person has been refused admission to, or has been turned out of, licensed premises, an authorised person may, at any time, refuse to admit that person to the licensed premises or may turn the person out of the licensed premises.(4) If a person in respect of whom an authorised person is, under subsection (2) or (3), entitled to refuse admission to the licensed premises is on the premises, the person must, on being required so to do by an authorised person, leave the premises.Maximum penalty: 50 penalty units.
(5) For the purposes of this section, such reasonable degree of force as may be necessary may be used to turn a person out of licensed premises.(6) A person who has been refused admission to, or turned out of, licensed premises in accordance with this section because the person was intoxicated, violent, quarrelsome or disorderly, must not re-enter or attempt to re-enter the premises within 24 hours of being refused admission or being turned out.Maximum penalty: 50 penalty units.
(7) After the 24-hour period ends in relation to any such person, an authorised person is not prevented from exercising the powers under subsection (3) in relation to the person.(8) A person who has been refused admission to, or turned out of, licensed premises in accordance with this section because the person was intoxicated, violent, quarrelsome or disorderly, must not, without reasonable excuse:(a) remain in the vicinity of the premises, or(b) re-enter the vicinity of the premises within 6 hours of being refused admission or being turned out.Maximum penalty: 50 penalty units.
(9) Without limiting subsection (8), a person has a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises if:(a) the person reasonably fears for his or her safety if he or she does not remain in, or re-enter, the vicinity of the premises, or(b) the person needs to remain in, or re-enter, the vicinity of the premises in order to obtain transport, or(c) the person resides in the vicinity of the premises.(10) In the prosecution for an offence under subsection (8), the burden of proving that a person had a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises concerned is on the person charged.(11) The functions that may be exercised under this section by an authorised person who is a licensee or employee or agent of a licensee may only be exercised in relation to the licensed premises to which the licensee’s licence relates.(12) A reference in this section to turning a person out of licensed premises includes a reference to causing the person to be turned out.(13) Nothing in this or any other section of this Act operates to limit any other right a person has to refuse to admit a person to, or to turn a person out of, licensed premises.
(1) The Authority may, by order in writing given to a person, prohibit the person from entering or remaining on the licensed premises specified in the order.(2) An application for an order under this section may be made by:(a) the Director-General, or(b) the Commissioner of Police, or(c) a licensee who is a party to a local liquor accord, or(d) any other person (or class of persons) prescribed by the regulations.(3) The application must be in the form approved by the Authority.(4) The Authority may make such an order under this section only if the Authority is satisfied that the person the subject of the proposed order has repeatedly been intoxicated, violent, quarrelsome or disorderly on or in the immediate vicinity of licensed premises.(5) The regulations may prescribe other circumstances in which the Authority is authorised to make an order under this section.(6) An order under this section must specify a period (not exceeding 6 months) during which the order is in force.(7) In deciding whether to make an order under this section, the Authority is not to take into consideration the person’s race or ethnic or national origins.(8) A person who is the subject of an order under this section must not enter or attempt to enter, or remain on, the licensed premises to which the order relates.Maximum penalty: 50 penalty units.
Division 3 Disturbance complaints
(1) A person may complain to the Director-General that the quiet and good order of the neighbourhood of licensed premises are being unduly disturbed because of:(a) the manner in which the business of the licensed premises is conducted, or(b) the behaviour of persons after they leave the licensed premises (including, but not limited to, the incidence of anti-social behaviour or alcohol-related violence).(2) Such a complaint must be in writing and be made or verified by statutory declaration.(3) A complaint under this section may only be made by any of the following persons (referred to in this Division as the complainant):(a) a person authorised in writing by 3 or more persons residing in the neighbourhood of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents,(b) the Commissioner of Police,(c) a person authorised by the local consent authority in relation to the licensed premises,(d) a person who satisfies the Director-General that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person’s complaint relates.(4) A complaint may relate to more than one licensed premises.(5) In the application of this Division to an on-premises licence that relates to a catering service:(a) a reference to licensed premises does not include private domestic premises, and(b) a reference to the business of the licensed premises is a reference to the business of providing catering services on licensed premises (other than private domestic premises) under the licence.
(1) The Director-General may, after receiving a complaint under section 79, decide:(a) to deal with the complaint in accordance with this Division, or(b) to take no further action under this Division in relation to the complaint.(2) If the Director-General decides to deal with the complaint, the Director-General may:(a) convene a conference to hear submissions in relation to the complaint, or(b) invite written submissions from the licensee for the licensed premises to which the complaint relates, and from such other persons as the Director-General considers appropriate, and make a decision in relation to the complaint without convening a conference.(3) A conference, if convened, may deal with more than one complaint.(4) A complaint in relation to licensed premises that is being dealt with by the Director-General under this section may be extended to include other licensed premises if the Director-General is satisfied:(a) that the evidence given in support of the complaint would support a complaint against the other licensed premises, or(b) that, assuming that the complaint is shown to be justified, action taken in relation to the licensed premises the subject of the complaint will be ineffective unless similar action is taken in relation to the other licensed premises.(5) Any licensed premises in respect of which a complaint is extended as referred to in subsection (4) is, for the purposes of this Division, taken to be the subject of a complaint under this Division.(6) If, in relation to any such extended complaint, a conference is not convened, the Director-General must invite written submissions from the licensee for the licensed premises that are the subject of the extended complaint before making a decision in relation to the complaint.(7) If a conference is convened in relation to a complaint:(a) notice of the time and place of the conference is to be given to all complainants and the licensee or licensees as specified by the Director-General, and(b) the Director-General is not to make a decision in relation to the complaint unless each complainant and licensee who is present at the conference is given a reasonable opportunity to be heard.(8) A conference under this section is to be presided over by the Director-General and the procedure at the conference is to be determined by the Director-General.(9) Nothing in this section prevents the Director-General from taking other action in relation to a complaint under this Division or in relation to licensed premises that are the subject of a complaint under this Division.
81 Decision by Director-General in relation to complaint
(1) The Director-General may, after dealing with a complaint in accordance with section 80, decide to do any one or more of the following:(a) impose a condition on the licence for the licensed premises the subject of the complaint,(b) vary or revoke a condition to which the licence is subject,(c) if a conference has been convened in relation to the complaint—adjourn the conference subject to implementation and continuation of undertakings given by the licensee,(d) issue a warning to the licensee,(e) take no further action in relation to the complaint.(2) The conditions that may be imposed on a licence include, but are not limited to, conditions relating to any one or more of the following:(a) noise abatement,(b) prohibition of the sale or supply of liquor before 10 am and after 11 pm,(c) prohibition of, or restriction on, activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),(d) restricting the trading hours of, and public access to, the licensed premises,(e) requiring the licensee to participate in, and to comply with, a liquor accord.(3) The Director-General is to take the following matters into consideration before making a decision under this section:(a) the order of occupancy between the licensed premises and the complainant,(b) any changes in the licensed premises and the premises occupied by the complainant, including structural changes to the premises,(c) any changes in the activities conducted on the licensed premises over a period of time.(4) For the purposes of subsection (3), complainant does not include a complainant who is the Commissioner of Police or a person authorised by the local consent authority.
82 Short-term closure of licensed premises
(1) An authorised officer or the Authority may, by notice served on a licensee or a person apparently in charge of licensed premises, order the licensee to close the licensed premises from a time specified in the order until a later specified time.(2) An authorised officer or the Authority may only make an order under this section:(a) on the application of the Director-General or the Commissioner of Police, and(b) only if the authorised officer or the Authority (as the case requires) is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.(3) Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:(a) a threat to public health or safety, or(b) a risk of substantial damage to property, or(c) a significant threat to the environment, or(d) a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.(4) An order may not require the closure of premises for a period longer than 72 hours.(5) Subject to subsection (4), an order may require the closure of premises until specified conditions are met.(6) A licensee must not fail to comply with an order made under this section.Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
(7) More than one order closing the same premises may not be made under this section in any period of one week.
83 Urgent application for short-term closure order
(1) An application under section 82 may be made by telephone.(2) An authorised officer or the Authority must not issue an order under section 82 on an application made by telephone unless the officer or the Authority (as the case requires) is satisfied that the order is required urgently and that it is not practicable for the application to be made in person.(3) An application under this section must be made by facsimile if the facilities to do so are readily available for that purpose.(4) An authorised officer or member of the Authority who issues an order under section 82 on an application made by telephone must:(a) complete and sign the order, and(b) furnish the order to the applicant or inform the applicant of the terms of the order and of the date and time when it was signed.(5) If an order under section 82 is issued on an application made by telephone and the applicant is not furnished with the order, the applicant must:(a) complete a form of order in the terms indicated by the authorised officer or member of the Authority under subsection (4), and(b) write on the form the name of the authorised officer or member of the Authority and the date and time when the order was signed.(6) A form of order so completed is taken to be an order issued under section 82.(7) An order under section 82 issued on an application made by telephone is to be furnished by an authorised officer or the Authority by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.(8) In this section:(a) telephone includes radio, facsimile or other communication device, and(b) a reference to facsimile includes a reference to any electronic communication device which transmits information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.
84 Order by Authority for long-term closure of licensed premises
(1) The Authority may, on the application of the Director-General or the Commissioner of Police, order a licensee to close the licensed premises from a time specified in the order until a later specified time.(2) The Authority may not make an order under this section unless:(a) the licensee or manager of the licensed premises is the subject of an investigation by the Director-General under section 138 or an investigation by the NSW Police Force, or the licensed premises are the subject of a complaint under Division 3, or disciplinary action under Part 9 has been (or is proposed to be) taken by the Authority against the licensee or manager or a close associate of the licensee, and(b) the licensee has been given notice of the application for closure of the licensed premises and has been given a reasonable opportunity to make submissions to the Authority in relation to the application, and(c) the Authority is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the licensed premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.(3) Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:(a) a threat to public health or safety, or(b) a risk of substantial damage to property, or(c) a significant threat to the environment, or(d) a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.(4) An order ceases to have effect at the time specified or when a complaint concerning the licensee or manager of the premises is determined under this Act, whichever is the earlier.(5) An order may not require the closure of premises for a period longer than the period prescribed by the regulations.(6) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than that permitted under subsection (5).(7) A licensee must comply with an order made under this section.Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
(8) The regulations may make provision for or with respect to an application for an order under this section, including the procedure to be followed at or in connection with the hearing and determination of any such application.
85 Further long-term closure orders
(1) The Authority may grant 2 or more orders in respect of premises under section 84.(2) An application for another order may be made, and determined, before the end of a current order.
(1) The Local Court may, on application by any person, order a licensee to close the licensed premises for a period of time specified in the order if the Court is satisfied that there is, or is likely to be, a breach of the peace in the neighbourhood of the licensed premises.(2) A licensee must comply with an order made under this section.Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
Division 5 Late hour entry declarations
87 Director-General may make late hour entry declaration
(1) The Director-General may, in accordance with this Division, make a late hour entry declaration.(2) The purpose of such a declaration is to prevent patrons entering licensed premises during late trading hours even though the premises are authorised to trade during that time.(3) A late hour entry declaration must be in writing and specify:(a) the area or locality to which it applies, and(b) the licensed premises (or class of licensed premises) to which it applies, and(c) the times when it applies.(4) A late hour entry declaration has effect despite any other provision of this Act or the conditions of a licence relating to any licensed premises to which the declaration applies.
88 Effect of late hour entry declaration
(1) The licensee of any licensed premises to which a late hour entry declaration applies must not permit patrons to enter the licensed premises during the time the declaration applies.Maximum penalty: 50 penalty units.
(2) For the avoidance of doubt, patrons already present in licensed premises at the time from which a late hour entry declaration applies to the premises may:(a) leave the premises at any time, or(b) remain on the premises while the premises are authorised to trade,but are not permitted to re-enter the premises during the time the declaration applies.
89 Provisions relating to making of late hour entry declaration
(1) The Director-General must give written notice of a proposed late hour entry declaration:(a) to each licensee whose licensed premises are the subject of the proposed declaration, and(b) to the local consent authority for those premises.(2) Any such licensee or the local consent authority may, within 21 days after the notice is given to the licensee or the authority (as the case requires), make a written submission to the Director-General in relation to the proposed declaration.(3) The Director-General must, before deciding whether to make a late hour entry declaration, take into consideration any submissions received by the Director-General under subsection (2).(4) The regulations may prescribe other requirements that the Director-General must comply with before making a late hour entry declaration.
90 Director-General may vary or revoke late hour entry declaration
(1) The Director-General may, in accordance with this section, vary or revoke a late hour entry declaration.(2) The Director-General must give written notice of a proposed variation or revocation of a late hour entry declaration:(a) to each licensee whose licensed premises are subject to the declaration, and(b) to the local consent authority for those premises.(3) Any such licensee or the local consent authority may, within 21 days after the notice is given to the licensee or the authority (as the case requires), make a written submission to the Director-General in relation to the proposed variation or revocation.(4) The Director-General must, before deciding whether to vary or revoke a late hour entry declaration, take into consideration any submissions received by the Director-General under subsection (3).
Division 6 General provisions relating to licensed premises
91 Responsibilities and liabilities in relation to licensed premises
(1) The following persons are, subject to this Act, responsible at all times for the personal supervision and management of the conduct of the business of the licensed premises under the licence:(a) if the licensee is an individual—the licensee,(b) if the licensee is a corporation—the manager of the licensed premises.(2) If an element of an offence under this Act or the regulations is an act or omission by a licensee, the manager of the licensed premises is, while responsible under subsection (1), responsible for the offence as though that person were also the licensee and is liable for the offence accordingly.(3) This section does not affect any liability of a licensee for a contravention by the licensee of a provision of this Act or the regulations.
92 Control of business conducted on licensed premises
(1) A licensee or a related corporation of the licensee must not:(a) if the licensee is an individual—allow any person to have the personal supervision and management of the conduct of the business under the licence for a longer continuous period than 6 weeks except with the approval of the Authority, or(b) lease or sublease the right to sell liquor on the licensed premises, or(c) lease or sublease any part of the licensed premises on which liquor is ordinarily sold or supplied for consumption on the premises or on which approved gaming machines are ordinarily kept, used or operated, or(d) lease or sublease any other part of the licensed premises except with the approval of the Authority.Maximum penalty: 50 penalty units.
(2) The owner of licensed premises must not:(a) lease or sublease any part of the premises on which liquor is ordinarily sold or supplied for consumption on the premises, or on which an approved gaming machine is ordinarily kept, used or operated, to any person other than the licensee or a related corporation of the licensee, or(b) except with the approval of the Authority, lease or sublease any other part of the licensed premises to any person other than the licensee or a related corporation of the licensee.Maximum penalty: 50 penalty units.
(3) This section does not prevent a person who:(a) is the licensee of any premises that are situated in a shopping centre, and(b) is the owner of each of the premises comprising the shopping centre,from leasing or subleasing, with the approval of the Authority, any part of the licensed premises on which liquor is sold or supplied for consumption on the premises.(4) The person to whom any such part of the licensed premises is leased or subleased in accordance with subsection (3) is, for the purposes of this Act, taken to be an agent of the licensee.
(1) If licensed premises cease trading during any continuous period of more than 6 weeks, the licensee must notify the Authority in writing that the premises have ceased to trade.Maximum penalty: 50 penalty units.
(2) This section does not apply in relation to limited licences.
94 Boundaries of licensed premises
(1) The boundaries of licensed premises are to be specified by the Authority when the licence is granted.(2) The specified boundaries of any licensed premises may be changed by the Authority on the Authority’s own initiative or on the application of:(a) the owner of the premises, or(b) the licensee.(3) Before changing the boundaries of any licensed premises (whether on application or otherwise), the Authority is:(a) to give the licensee, the Director-General and the Commissioner of Police a reasonable opportunity to make submissions in relation to the proposed change, and(b) to take any such submissions into consideration before deciding whether to make the change.(4) Any change in the specified boundaries of licensed premises under this section does not take effect until such fee as may be prescribed by the regulations has been paid.(5) The Authority must not specify or change the boundaries of any licensed premises unless the Authority is of the opinion that any primary purpose requirement under this Act in relation to the licensed premises is or will be complied with.
(1) A licensee must cause to appear and be maintained on the front of the licensed premises, in accordance with the regulations, a sign that specifies:(a) a name for the licensed premises (not being a name that is a prohibited name for the licensed premises under this section), and(b) the type of licence for the premises, and(c) any other particulars prescribed by the regulations.Maximum penalty: 5 penalty units.
(2) A licensee must not alter the name referred to in subsection (1) (a) unless the Authority has, on payment of such fee as may be prescribed by the regulations:(a) approved in writing of the proposed new name, and(b) endorsed the change of name on the licence.Maximum penalty: 5 penalty units.
(3) The Authority may not approve an alteration of the name of licensed premises if the name as proposed to be altered is a prohibited name for the licensed premises under this section.(4) A licensee must not cause or permit the use on any sign displayed on the exterior of the licensed premises or in any advertising with respect to the licensed premises of a name that is a prohibited name for the licensed premises under this section.Maximum penalty: 5 penalty units.
(5) A name is a prohibited name for licensed premises under this section if:(a) it is a name or a name of a kind, or contains words or words of a kind, prescribed by the regulations as prohibited, either in relation to all licensed premises or in relation to the particular class of licensed premises of which the licensed premises form part, or(b) it is a name that the Authority has notified the licensee in writing is prohibited as being objectionable, inappropriate or misleading.(6) A regulation for the purposes of subsection (5) may be made so as to apply to licensed premises generally or so as to apply only to a specified class or specified classes of licensed premises.(7) A name may not be prohibited in respect of licensed premises by notification under this section if the regulations provide that the name is permitted for use in relation to the licensed premises concerned or in relation to the particular class of licensed premises concerned.(8) It is a defence to a prosecution for an offence under this section if it is proved that:(a) the licensee had taken all reasonable precautions to avoid commission of the alleged offence, and(b) at the time of the alleged offence, the licensee did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.(9) This section does not apply in relation to a limited licence or an on-premises licence that relates to a catering service.
(1) If, for any reason, any licensed premises are (or are about to be) rendered unfit for the carrying on of business on the premises, the Authority may, on application by the licensee, authorise the licensee to temporarily carry on business under the licence either on some part of the licensed premises approved by the Authority or on some other premises approved by the Authority.(2) The licensee may carry on business on the temporary premises for a period of not more than 12 months (or such longer period as may be allowed by the Authority on application by the licensee before the expiration of the period sought to be extended).(3) An application under this section must:(a) be accompanied by the fee prescribed by the regulations, and(b) if required by the regulations to be advertised—be advertised in accordance with the regulations.
(1) Evidence of the results of a test indicating the presence or concentration of alcohol in the breath or blood of a person by means of a breath analysing instrument installed on licensed premises is not admissible:(a) in any civil proceedings against the licensee of the licensed premises (subject to subsection (2)), or(b) in any criminal proceedings.(2) This section does not prevent the admission into evidence in civil proceedings of the results of a test if it is established that at the time of the test:(a) the breath analysing instrument concerned did not comply with the relevant Australian Standard (as in force at the date of the manufacture of the instrument), or(b) the licensee was aware or should have been aware that the instrument was not operating correctly, or(c) subsection (4) was being contravened in respect of the breath analysing instrument concerned.(3) For the purposes of this section, a breath analysing instrument is an instrument that is designed to ascertain by analysis of a person’s breath the concentration of alcohol present in the person’s breath or blood, being an instrument of a type specified in AS 3547—1997: Breath alcohol testing devices for personal use, published by Standards Australia. That standard, as in force from time to time, is the relevant Australian Standard for the purposes of this section.(4) At all times that a breath analysing instrument installed on licensed premises is available for use by patrons on those premises there must be prominently displayed on or in close proximity to the instrument a sign that complies with the requirements prescribed by the regulations.(5) If subsection (4) is contravened, the licensee of the licensed premises is guilty of an offence.Maximum penalty: 20 penalty units.
98 Work carried out on licensed premises
A person required or authorised to carry out work on licensed premises in accordance with an order or direction of a public authority and persons authorised by the person may, for the purpose of doing such things as are connected with preparing or tendering for, or carrying out and completing, the work to which the order or authorisation relates, enter and remain on the licensed premises at such times as are reasonably necessary for that purpose.