New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 104

104 Quiet and good order of neighbourhood

(1) If a written complaint is made to the Board of undue disturbance of the quiet and good order of the neighbourhood of licensed premises caused by:

(a) the manner in which the business of the licensed premises is conducted, or

(b) the behaviour of persons after they have left the licensed premises, or

(c) the manner in which the business of the licensed premises is conducted and the behaviour of persons after they have left the licensed premises,

the Board may convene a conference to hear submissions relating to the complaint.

(1A) A complaint under this section must be made or verified by statutory declaration.

(1AA) A complaint under this section can be made only by:

(a) a person authorised in writing by 3 or more persons residing in the neighbourhood of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents, or

(b) the Commissioner of Police, or

(c) a person authorised by the local consent authority in relation to the licensed premises, or

(d) a person who satisfies the Board that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person’s complaint relates, or

(e) the Director.

(1AB) A complaint may relate to more than one licensed premises.

(1AC) A conference may relate to more than one complaint.

(1AD) A conference convened in relation to licensed premises the subject of a complaint may be extended to include any other licensed premises, and any registered club, if the Board is satisfied:

(a) that the evidence given in support of the complaint would support a complaint against the other licensed premises or registered club, or

(b) that, assuming that the complaint is shown to be justified, action taken in relation to the licensed premises the subject of the complaint will be ineffective unless similar action is taken in relation to the other licensed premises or registered club.

(1AE) Any licensed premises or registered club to which a conference is extended as referred to in subsection (1AD) is, for the purposes of this section, taken to be the subject of a complaint, and this section applies to the complaint:

(a) as if the complaint had been made under subsection (1), and

(b) as if a reference in this section to licensed premises included a reference to a registered club, and

(c) as if a reference in this section to a licence included a reference to a certificate of registration, and

(d) as if the powers exercisable by a member of the Board under subsection (3) included, in relation only to a registered club, the power referred to in section 17AA (3) (a1) of the Registered Clubs Act 1976 .

(1AF) Action taken under this section in relation to a registered club has effect under the Registered Clubs Act 1976 in the same way as if it had been taken under section 17AA of that Act in relation to a complaint dealt with under that section.

(2) Notice of the time and place for the conference shall be given to all complainants and the licensee or licensees as directed by the Board.

(3) The conference shall be presided over by a member of the Board who may, in relation to a licence, after giving each complainant present and the licensee (if present) a reasonable opportunity to be heard in relation to the complaint:

(a) impose, vary or revoke conditions of the licence, or

(b) adjourn the conference subject to implementation and continuation of undertakings given by the licensee, or

(c) issue a warning to the licensee, or

(d) take no action.

(4) The conditions that may be imposed on a licence include, but are not limited to, conditions relating to:

(a) noise abatement, or

(b) prohibition of the sale or supply of liquor before 10 am and after 11 pm, or

(c) noise abatement and such a prohibition, or

(d) prohibition of or restriction on activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), or

(e) limitation of trading hours and public access as referred to in section 20 (2B).

(5) Procedure at the conference (including any decision to adjourn the conference) shall be determined by the presiding member of the Board.

(6) The functions exercised by the member of the Board presiding at the conference shall be taken to be functions of the Board delegated to the presiding member under section 75.

(7) For the purposes of Part 9 (Appeals) a decision of the member of the Board presiding at the conference shall be taken to be an adjudication made by a licensing magistrate sitting alone.

(8) In the application of this section to a caterer’s licence:

(a) a reference to licensed premises does not include private domestic premises, and

(b) a reference to the business of the licensed premises is a reference to the business of providing catering services on licensed premises (other than private domestic premises) under the licence.

(9) If a condition restricting the trading hours of a licensee is imposed under this section, an application may be made to the Board to vary or revoke the condition. The application may not be made by or on behalf of the licensee during the period of 6 months that next succeeds the imposition of the condition, except with the leave of the Board granted on the ground that there has been a material change in the facts or circumstances on which the imposition of the condition was based. The application may be dealt with by the Board in such manner as the Board determines.