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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 22:33)
Part 9A Division 3
Division 3 Strikes incurred on club licences
144I   Incurring strikes—club licences
(1)  A first strike is incurred on a club licence if—
(a)  the manager of the club premises commits a prescribed offence, and
(b)  no other strike is in force in respect of the licence, and
(c)  the Authority decides to impose the 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 on a club licence if—
(a)  the manager of the club premises commits a prescribed offence, and
(b)  one strike was in force in respect of the licence when the offence was committed, and
(c)  the Authority decides that a second strike should be incurred 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 on a club licence if—
(a)  the manager of the club premises commits a prescribed offence, and
(b)  2 strikes were in force in respect of the licence 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.
144J   Remedial action—imposition of licence conditions
(1) Remedial action for one strike If one strike is incurred on a club licence and the strike 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 club premises,
(b)  the prohibition of the use of glass or other breakable containers on the club premises,
(c)  the engagement of persons to promote the responsible service of alcohol at the club premises,
(d)  the notification of persons, by the licensee, that the strike or strikes have been incurred,
(e)  requiring the manager of the club premises or the members of the governing body of the club to undergo training,
(f)  any other matter that may be prescribed by the regulations.
(2) Remedial action for 2 strikes If 2 strikes are incurred on a club licence and the strikes are in force, the Authority may impose conditions on the licence that relate to any one or more of the following—
(a)  the persons who may be appointed as a manager of the club premises,
(b)  the implementation of security measures in respect of the club premises,
(c)  the prohibition of the sale or supply of liquor on the club premises before 10 am or after 11 pm (or both),
(d)  the prohibition of patrons entering the club premises at certain times,
(e)  the prohibition of the sale or supply of certain types of liquor on the club 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 club 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 3 strikes are incurred on a club licence and the strikes are in force, the Authority may do any one or more of the following—
(a)  by order in writing, disqualify (permanently or for a specified period) a person who held any of the following positions at the time the prescribed offence resulting in the third strike being incurred was committed from holding any of those positions—
(i)  secretary of the club,
(ii)  manager of any of the premises of the club,
(iii)  member of the governing body of the club,
(b)  by order in writing, disqualify (permanently or for a specified period) any such person from being the secretary of any other registered club, holding any licence or being appointed to manage any other licensed premises,
(c)  by order in writing, appoint a person to administer the affairs of the club who, on appointment and until the Authority orders otherwise, has, to the exclusion of any other person or body of persons, the functions of the governing body of the club,
(d)  impose a condition on the club licence that a person who is disqualified under paragraph (a) must not be employed or otherwise engaged as an employee or agent of the club or of the manager of any of the club’s premises,
(e)  impose a condition on the club licence relating to any matter referred to in subsections (1) and (2),
(f)  impose, vary or revoke any other condition on the club licence that is not inconsistent with this Act.