Northern Territory Consolidated Acts

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LIQUOR ACT - SECT 6

Public interest criteria in respect of licence or licensed premises

6. Public interest criteria in respect of licence or licensed premises

(1) When the Commission has regard to the objects of this Act in:

(a) considering or determining an application under this Act in respect of a licence or licensed premises; or

(b) determining the conditions of a licence,

the Commission must, when taking into account the public interest in the sale, provision, promotion and consumption of liquor, consider any of the criteria specified in subsection (2) that are relevant to the application or conditions.

(2) For subsection (1), the criteria are the following:

(a) harm or ill-health caused to people, or a group of people, by the consumption of liquor is to be minimised;

(b) liquor is to be sold, or sold and consumed, on licensed premises in a responsible manner;

(c) public order and safety must not to be jeopardised, particularly where circumstances or events are expected to attract large numbers of persons to licensed premises or an area adjacent to those premises;

(d) the safety, health and welfare of persons who use licensed premises must not be put at risk;

(e) noise emanations from licensed premises must not be excessive;

(f) business conducted at licensed premises must not cause undue offence, annoyance, disturbance or inconvenience to persons who reside or work in the neighbourhood of the premises or who are making their way to or from, or using the services of, a place of public worship, hospital or school;

(g) a licensee must comply with provisions of this Act and any other law in force in the Territory which regulate in any manner the sale or consumption of liquor or the location, construction or facilities of licensed premises, including:

(i) by-laws made under the Local Government Act ; and

(ii) provisions of or under the Planning Act ;

(h) each person involved in the business conducted at licensed premises must receive suitable training relevant to the person's role in the conduct of the business;

(i) the use of credit in the sale of liquor must be controlled;

(j) practices which encourage irresponsible drinking must be prohibited;

(k) it may be necessary or desirable to limit any of the following:

(i) the kinds of liquor that may be sold;

(ii) the manner in which liquor may be sold;

(iii) the containers, or number or types of containers, in which liquor may be sold;

(iv) the days on which and the times at which liquor may be sold;

(l) it may be necessary or desirable to prohibit persons or limit the number of persons who may be on licensed premises, on any particular part of licensed premises or in an adjacent area subject to the control of the licensee;

(m) it may be necessary or desirable to prohibit or limit the entertainment, or the kind of entertainment, which may be provided on licensed premises or in an adjacent area under the control of the licensee;

(n) it may be necessary or desirable to prohibit or limit promotional activities in which drinks are offered free or at reduced prices.

(3) Also, the Commission must consider:

(a) any other matter the Commission believes is relevant to the public interest in the sale, provision, promotion and consumption of liquor in respect of the application or conditions under consideration; and

(b) any information or matter contained in an application, or otherwise provided or raised by the applicant, which is relevant to the public interest in the sale, provision, promotion and consumption of liquor.

Part II. Administration



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