LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 87B
Emergency prohibition on sale or supply of liquor
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 87B
Emergency prohibition on sale or supply of liquor
87B Emergency prohibition on sale or supply of liquor
(1) A police officer
of or above the rank of Superintendent may authorise the closure of any
licensed premises, or the prohibition of the sale or supply of liquor on any
licensed premises, if the police officer--
(a) has reasonable grounds for
believing that there is a large-scale public disorder occurring in the
vicinity of the licensed premises or there is a threat of such a disorder
occurring in the near future, and
(b) is satisfied that the closure or
prohibition will reasonably assist in preventing or controlling the public
disorder.
(2) The period that an authorisation relating to any licensed
premises has effect must not exceed the period that the police officer giving
the authorisation considers reasonably necessary for the purpose for which it
is given, but must not in any case exceed 48 hours. The period that the
authorisation has effect may be extended by the giving of a further
authorisation, but only if the total period of the authorisation in relation
to those premises does not exceed 48 hours.
(3) Any police officer may, in
accordance with an authorisation under subsection (1), direct any person who
is apparently in charge of, or who is selling or supplying liquor on, licensed
premises to close the premises or to cease selling or supplying liquor on
those premises, as the case requires.
(4) An authorisation under subsection
(1) may be given orally or in writing and, if given orally, it must be
confirmed by instrument in writing as soon as it is reasonably practicable to
do so.
(5) An authorisation under subsection (1) may be revoked at any time
by a police officer of or above the rank of Superintendent if the
police officer is satisfied that the authorisation is no longer necessary. The
police officer is to give notice to a person apparently in charge of the
licensed premises of the revocation of the authorisation.
(6) A person to
whom a direction is given under this section must comply with the direction.
:
Maximum penalty--50 penalty units or imprisonment for 12 months, or both.
