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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 14 December 2019 at 09:07)
Part 8 Division 2
Division 2 Precinct liquor accords and community event liquor accords
136A   General provisions
(1)  For the purposes of this Act, a precinct liquor accord or a community event liquor accord is a set of measures, approved by the Secretary under this Division, that aim to do either or both of the following—
(a)  to minimise or prevent alcohol-related violence or anti-social behaviour, or other alcohol-related harm, in the precinct or area to which the relevant liquor accord applies,
(b)  to protect and support the good order or amenity of any such precinct or area in connection with issues arising from the presence of, or any proposed increase in the number of, licensed premises in that precinct or area.
(2)  Each of the following persons or bodies may, in accordance with arrangements established by the Secretary, participate in a precinct liquor accord or community event liquor accord (including the development of a proposed liquor accord)—
(a)  the licensee for any licensed premises situated in the precinct or area to which the accord applies or is to apply,
(b)  the Commissioner of Police,
(c)  a local council,
(d)  persons who are running businesses or commercial operations in the precinct or area to which the accord applies or is to apply,
(e)  a community representative (as approved by the Secretary) for the precinct or area to which the accord applies or is to apply,
(f)  such other persons or bodies as the Secretary considers appropriate.
Note.
 Licensees can be required to participate in a liquor accord. See section 136E.
(3)  A precinct liquor accord or community event liquor accord does not require the agreement of the accord participants to the measures provided for by the accord.
136B   Secretary may approve liquor accords for designated precincts
(1)  The Secretary may—
(a)  designate a precinct as being a precinct to which a proposed precinct liquor accord is to apply, and
(b)  approve a precinct liquor accord for the designated precinct, and
(c)  vary, at any time, the terms of a precinct liquor accord.
(2)  The designated precinct to which a precinct liquor accord applies or is to apply must be shown on a map that is made publicly available in such manner as the Secretary considers appropriate.
(3)  The Secretary may approve a precinct liquor accord for a designated precinct only if the Secretary is satisfied that—
(a)  in the precinct there is, or there is a potential for, a significant risk of harm to members of the public associated with the misuse and abuse of liquor (including harm arising from violence or other anti-social behaviour), and
(b)  the measures to be provided for by the accord are necessary—
(i)  to prevent harm to members of the public associated with the misuse and abuse of liquor in the precinct (including harm arising from violence or other anti-social behaviour), or
(ii)  to protect and support the good order or amenity of the precinct in connection with issues arising from the presence of, or any proposed increase in the number of, licensed premises in the precinct.
(4)  The Secretary may terminate a precinct liquor accord at any time by notice in writing given to the persons or bodies participating in the accord.
136C   Secretary may approve liquor accords for community events
(1)  The Secretary may—
(a)  designate a community event as being an event to which a proposed community event liquor accord is to apply, and
(b)  approve a community event liquor accord for that designated event, and
(c)  vary, at any time, the terms of a community event liquor accord.
(2)  A community event liquor accord applies during the period, and to the area, specified in the accord. Any such period may include a period before or after the designated community event takes place and the area to which the accord applies may comprise more than one specified area (whether or not those areas are contiguous).
(3)  In approving a community event liquor accord, the Secretary is to make publicly available, in such manner as the Secretary considers appropriate, each of the following—
(a)  the name or description of the community event to which the accord relates,
(b)  the period during which the accord is to apply,
(c)  a map showing the area to which the accord is to apply.
(4)  The Secretary may approve a community event liquor accord for a community event only if the Secretary is satisfied that—
(a)  in the area in which the accord is to apply there is, or there is a potential for, a significant risk of harm to members of the public associated with the misuse and abuse of liquor (including harm arising from violence or other anti-social behaviour), and
(b)  the measures to be provided for by the accord are necessary—
(i)  to prevent harm to members of the public associated with the misuse and abuse of liquor in the area in which the accord is to apply (including harm arising from violence or other anti-social behaviour), or
(ii)  to protect and support the good order or amenity of that area in connection with issues arising from the presence of, or proposed increase in the number of, licensed premises in that area.
136D   Content of precinct and community event liquor accords
(1)  A precinct liquor accord or community event liquor accord may include such measures as the Secretary considers are necessary—
(a)  to minimise or prevent alcohol-related violence or anti-social behaviour or other alcohol-related harm in the precinct or area to which the accord applies, or
(b)  to protect and support the good order or amenity of any such precinct or area in connection with issues arising from the presence of, or proposed increase in the number of, licensed premises in the precinct or area concerned.
(2)  The Secretary must give notice of the terms of a precinct liquor accord or community event liquor accord, and of any variation to the terms of such an accord—
(a)  to each licensee who is required to participate in the accord, and
(b)  to such other participants in the accord as the Secretary considers appropriate.
(3)  Without limiting the measures that may be included in a precinct liquor accord or community event liquor accord, any such accord may include measures requiring a licensee to do any one or more of the following—
(a)  to cease serving liquor (including take-away liquor) on the licensed premises during such times as are specified in the accord,
(b)  to restrict the public’s access to the licensed premises in a manner and to the extent provided by the accord,
(c)  to restrict the use of glass containers on the licensed premises,
(d)  to maintain an incident register,
(e)  to install and operate closed-circuit television or any other security device on the licensed premises,
(f)  to provide security staff in or about the licensed premises.
(4)  The provisions of section 134(2) and (3) apply to or in respect of a precinct liquor accord or community event liquor accord in the same way as those provisions apply to or in respect of a local liquor accord (except that section 134(2) applies as if the reference to a person entering into a local liquor accord were a reference to a person or body participating in a precinct liquor accord or community event liquor accord).
136E   Requirement to participate in precinct or community event liquor accord
(1)  The Secretary may, in the case of licensed premises situated wholly or partly in the precinct to which a precinct liquor accord applies or in the area to which a community event liquor accord applies, impose conditions on the licence, by notice in writing to the licensee, requiring the licensee to participate in the liquor accord for that precinct or area.
(2)  Without limiting subsection (1), if—
(a)  the sale or supply of liquor after midnight on licensed premises is authorised at least once a week on a regular basis, and
(b)  the licensed premises are situated wholly or partly in the precinct to which a precinct liquor accord applies or in the area to which a community event liquor accord applies,
it is a condition of the licence that the licensee, on being notified in writing by the Secretary, participate in the liquor accord for that precinct or area.
(3)  For the purposes of this section, participate in a liquor accord means participate in the development, implementation and operation of the accord and, without limitation, includes any of the following—
(a)  developing the measures to be provided for by the accord,
(b)  complying with those measures to the extent that they apply to the licensee,
(c)  developing and maintaining the mechanisms and processes that support the operation of the accord,
(d)  participating in any committee established under the accord.
(4)  Subsection (2) does not, however, operate to require a licensee to participate in a committee established under a liquor accord.
(5)  A reference in this section to a liquor accord includes a reference to a proposed liquor accord and a reference to the precinct or area to which a liquor accord applies includes a reference to the proposed precinct or area to which the accord is to apply.
(6)  Subsection (2) does not apply in relation to a limited licence.
136F   Precinct liquor accord contributions and fund
(1)  The Secretary may, by direction in writing to any licensee who is required under this Division to participate in a precinct liquor accord, require the licensee to pay a contribution towards the costs associated with the operation of the accord (including any projects or initiatives carried out under the accord).
(2)  The amount of any such contribution is to be determined by the Secretary in accordance with the terms of the accord.
(3)  Any money paid to the Secretary under this section is to be paid into a Precinct Liquor Accord Fund established in the Special Deposits Account. A separate account in that Fund is to be kept for the purposes of each precinct liquor accord.
(4)  The Secretary has the control and management of the Precinct Liquor Accord Fund.
(5)  Money held in any separate account of the Precinct Liquor Accord Fund is to be applied only for the purposes of funding the carrying out of projects and activities under the precinct liquor accord in respect of which the separate account is kept.
(6)  Any amount required to be paid to the Secretary under this section may, if the amount is not paid within the time specified by the Secretary in the direction to the licensee concerned, be recovered by the Secretary from the licensee as a debt due to the Crown for payment into the Precinct Liquor Accord Fund.
Note.
 Failure to comply with a direction under this section may also constitute grounds for taking disciplinary action against the licensee under Part 9.