Australian Capital Territory Consolidated Acts

LIQUOR ACT 1975 - SECT 42

    (1)     In this section:

"occupancy loading", in relation to an outdoor public area, means the maximum number of people that the area can accommodate, in the commissioner's opinion, having regard to the matters mentioned in this section.

    (2)     If the commissioner has made a decision in relation to an outdoor public area under section 40 (2), the commissioner must, by written notice, decide the occupancy loading for the area.

    (3)     In making a decision under subsection (2), the commissioner must have regard to the standard and availability of any facilities for patrons of the licensee using the outdoor public area (or proposed outdoor public area) that affect, or that would affect, the amenity of the area or the health or safety of the patrons or members of the public.

    (4)     Without limiting subsection (3), the matters the commissioner may have regard to in making a decision under subsection (2) include the following:

        (a)     the location of the area;

        (b)     the standard and availability of furnishings for the use of patrons in the area;

        (c)     the location, standard and number of toilets available (or to be made available) for the use of patrons using the area;

        (d)     the appropriateness and adequacy of the barrier that delineates (or that is to delineate) the boundaries of the area.