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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 20 February 2020 at 09:53)
Part 9A Division 2
Division 2 Strikes incurred by licensees or managers of licensed premises other than club premises
144D   Division does not apply to club premises
A reference in this Division to licensed premises does not include a reference to club premises.
144E   Strikes incurred by licensees or managers of licensed premises
(1)  A first strike is incurred by a person who is the licensee or manager of licensed premises if—
(a)  the person commits a prescribed offence, and
(b)  no other strike is in force against the person when the offence was committed, and
(c)  the Authority decides to impose the first strike because of the seriousness of any harm that may have resulted from, or been associated with, the commission of the offence.
(2)  A second strike is incurred by a person who is the licensee or manager of licensed premises if—
(a)  the person commits a prescribed offence, and
(b)  1 strike was in force against the person when the offence was committed, and
(c)  the Authority decides to impose the second strike because of the seriousness of any harm that may have resulted from, or been associated with, the commission of the offence.
(3)  A third strike is incurred by a person who is the licensee or manager of licensed premises if—
(a)  the person commits a prescribed offence, and
(b)  2 strikes were in force against the person when the offence was committed, and
(c)  the Authority decides to impose the third strike after taking the following into account—
(i)  the seriousness of any harm that may have resulted from, or been associated with, the commission of the offence,
(ii)  any other matter that may be prescribed by the regulations.
144F   Remedial action against licensee or manager of licensed premises
(1)  If the licensee or manager of licensed premises incurs 1 strike that is in force, the Authority may, by order in writing, require the person to undertake such courses of training or instruction as the Authority considers appropriate for the purposes of managing or reducing the risks that contributed to the commission of the prescribed offence in respect of which the strike was incurred.
(2)  If the licensee or manager of licensed premises incurs 2 strikes that are in force, the Authority may do any one or more of the following—
(a)  take any action specified in subsection (1),
(b)  reprimand the person,
(c)  order the person to pay, within the time specified in the order, a monetary penalty not exceeding 5 penalty units.
(3)  If the licensee or manager of licensed premises incurs 3 strikes that are in force, the Authority may do any one or more of the following—
(a)  take any action specified in subsection (1) or (2),
(b)  by order in writing, disqualify (permanently or for a specified period) the person from being the licensee or manager of any licensed premises.
(4)  Any monetary penalty ordered to be paid under this section is payable to the Secretary.
144G   Remedial action—imposition of licence conditions
(1) Remedial action for 1 strike If a person who is the licensee or manager of licensed premises incurs 1 strike that is in force, the Authority may impose conditions on the licence that relate to any one or more of the following—
(a)  the use of plans of management and incident registers in respect of the licensed premises,
(b)  the prohibition of the use of glass or other breakable containers on the licensed premises,
(c)  the engagement of persons to promote the responsible service of alcohol on the licensed premises,
(d)  the notification of persons, by the licensee, that the strike has been incurred,
(e)  any other matter that may be prescribed by the regulations.
(2) Remedial action for 2 strikes If a person who is the licensee or manager of licensed premises incurs 2 strikes that are in force, the Authority may impose conditions on the licence that relate to any one or more of the following—
(a)  in the case where the licence is held by a corporation—the persons who may be appointed as a manager of the licensed premises,
(b)  the implementation of security measures in respect of the licensed premises,
(c)  the prohibition of the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both),
(d)  the prohibition of patrons entering the licensed premises at certain times,
(e)  the prohibition of the sale or supply of certain types of liquor on the licensed premises (including liquor with a high alcohol content or liquor that is intended to be consumed rapidly such as a shot),
(f)  the prohibition of certain types of entertainment on the licensed premises,
(g)  any matter referred to in subsection (1),
(h)  any other matter that may be prescribed by the regulations.
(3) Remedial action for 3 strikes If a person who is the licensee or manager of licensed premises incurs 3 strikes that are in force, the Authority may do any one or more of the following—
(a)  by order in writing, suspend the licence for up to 12 months,
(b)  by order in writing, cancel the licence and disqualify (for up to 12 months) any of the following persons from being granted a licence in respect of the premises to which the cancelled licence related (the subject premises)—
(i)  any person who was a business owner under the cancelled licence at the time the prescribed offence resulting in the third strike being incurred was committed,
(ii)  any close associate of any such business owner,
(c)  impose a condition on the licence, or any subsequent licence issued in respect of the subject premises, that a person who is disqualified under paragraph (b) must not be employed or otherwise engaged as an employee or agent of the licensee or manager of those premises,
(d)  impose a condition on the licence relating to any matter referred to in subsections (1) and (2),
(e)  impose, vary or revoke any other condition on the licence that is not inconsistent with this Act.
144H   Authority may impose other conditions in certain circumstances
(1)  If, in relation to licensed premises, the Authority is satisfied that—
(a)  there is or has been a practice of terminating the employment of persons as the licensee or manager of the premises primarily for the reason of avoiding remedial action being taken in respect of the licence as a result of strikes incurred by such persons, and
(b)  there has been, with the subsequent employment of any person as the licensee or manager of the premises, no improvement in managing or reducing the risks that contributed to the commission of the prescribed offences in respect of which those strikes were incurred,
the Authority may impose conditions on the licence to limit the practice referred to in paragraph (a) or to manage or reduce the risk of the commission of prescribed offences on the licensed premises.
(2)  The conditions that the Authority may impose under this section include conditions relating to the employment of a person as the licensee or manager of the licensed premises.