New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 125

125 Conduct on licensed premises

(1) A licensee shall not:

(a) permit his or her licensed premises to be used for the purposes of prostitution, or

(b) permit intoxication, or any indecent, violent or quarrelsome conduct, on his or her licensed premises.

Maximum penalty: 20 penalty units in the case of an offence under paragraph (a) or 50 penalty units in the case of an offence under paragraph (b).

(2) A person shall not use any part of licensed premises for the purposes of prostitution.

Maximum penalty: 20 penalty units.

(3) A person (whether or not he or she is the licensee) shall not, on licensed premises, sell or supply liquor to any person who is at the time in a state of intoxication.

Maximum penalty: 50 penalty units.

(4) Where a person is intoxicated on licensed premises, the licensee shall be deemed to have permitted intoxication on the licensed premises unless the licensee proves that the licensee and his or her employees took the steps set out in subsection (4A) or all other reasonable steps to prevent intoxication on the licensed premises.

(4A) For the purposes of subsection (4), the following are the relevant steps:

(a) asked the intoxicated person to leave the premises,

(b) contacted, or attempted to contact, a police officer for assistance in removing the person from the premises,

(c) refused to serve the person any alcohol after becoming aware that the person was intoxicated.

(5) In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises except in subsection (3).