Division 3Division 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.