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Contents (2007 - 90)
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Liquor Act 2007 No 90
Current version for 1 December 2019 to date (accessed 23 February 2020 at 21:39)
Part 5 Division 1
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
(a1)  that the licensee, and the licensee’s employees or agents, took the steps set out in the guidelines under subsection (5A) 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.
(5A)  The Secretary is to issue guidelines relating to the prevention of intoxication on licensed premises. Such guidelines are to be made publicly available in such manner as the Secretary considers appropriate.
(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—100 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—100 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—100 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—100 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 Secretary 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—100 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 Secretary 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.