New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 110

110 Powers of entry, inspection and seizure

(1) If the Commissioner of Police believes on reasonable grounds:

(a) that unlawful or disorderly conduct is taking place on licensed premises, or

(b) that a breach of this Act has been, or is being, committed on licensed premises,

the Commissioner may, at any time of the day or night, enter the licensed premises with or without another member of the police force.

(1A) If a special inspector believes on reasonable grounds that a breach of this Act has been, or is being, committed on licensed premises, the special inspector may, at any time of the day or night, enter the licensed premises with or without a police officer.

(2) In exercising the power conferred by subsection (1), the Commissioner of Police may, with or without assistance, break into the premises if entry is refused or unreasonably delayed (whether or not by the absence of a person able to permit entry to the premises).

(3) A member of the police force or a special inspector may, at any reasonable time, enter and examine any part of licensed premises and may:

(a) take an account of all liquor on the premises, or

(b) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been, or are being, complied with, or

(c) having required the licensee (or any other person having them in his or her custody) to produce any registers, books, records or documents relating to the business carried on with the authority of the licence, make copies of, or take extracts from, entries in the registers, books, records or other documents.

(3A) In the exercise of a power conferred under this section, the Commissioner of Police, a police officer or a special inspector may:

(a) if the Commissioner, police officer or special inspector considers it necessary to do so for the purposes of obtaining evidence of the commission of an offence, seize any registers, books, records or other documents relating to the business conducted on the licensed premises, and

(b) require any person to answer any question relating to any such registers, books, records or other documents or any other relevant matter.

(4) In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises.

(5) The licensee or person in charge of licensed premises shall not refuse or fail to admit to the licensed premises a person requiring entrance under subsection (1), (1A) or (3) or obstruct or delay the person in the exercise of his or her powers.

Maximum penalty: 50 penalty units.

(6) Where, for the purpose of obtaining access from a public place to premises within a university to which an on-licence relates it is necessary to enter land, or a building or part of a building, that is within the university but does not form part of the licensed premises, a person authorised by this section to enter the licensed premises may, to obtain access to the licensed premises in order to enter them pursuant to this section or to obtain access from those premises to a public place, enter that land, building or part of a building.

(7) In the case of an on-licence relating to a restaurant with sanitary facilities located in immediate proximity to the restaurant, the part of any premises that comprises those facilities and any part of premises necessary for access to those facilities is to be treated as part of the licensed premises for the purposes of this section.