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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LIQUOR AMENDMENT BILL
1998
Queensland
LIQUOR AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 7 (Presumed quantity of liquor) . . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Replacement of pt 2 (Liquor Appeals Tribunal) . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--REVIEW OF DECISIONS
Division 1--Definitions
14 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2--Liquor review panel and members
15 Appointment of members of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Duration of appointment and way of resigning . . . . . . . . . . . . . . . . . 12
17 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Chairperson and deputy chairperson of panel . . . . . . . . . . . . . . . . . . 13
Division 3--Review of decision on application by aggrieved person
20 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Chairperson to appoint panel member to review decision . . . . . . . . 14
22 Panel member to disclose material personal interest in decision . . 15
23 Stay of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Panel member may state case for Supreme Court's opinion . . . . . . 17
2
Liquor Amendment
Division 4--Appeal by chief executive against review decision
26 Appeal to Supreme Court by chief executive . . . . . . . . . . . . . . . . . . 17
9 Amendment of s 58 (Available licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Amendment of s 60 (Restriction on grant of general licence) . . . . . . . . . . . 18
11 Amendment of s 62 (Authority of residential licence) . . . . . . . . . . . . . . . . . 18
12 Amendment of s 65 (Consumption of liquor with meals or when
meals are being served) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Omission of s 67 (Restriction on sale of liquor for consumption
off premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
14 Amendment of s 68 (Authority of on-premises licence) . . . . . . . . . . . . . . . . 19
15 Omission of s 70 (Restriction on sale of liquor for consumption
off-premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Amendment of s 72A (Restriction on sale and supply of liquor at
cabarets) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Amendment of s 73 (Restriction on sale of liquor under
on-premises licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Replacement of s 78 (Restriction on sale of liquor) . . . . . . . . . . . . . . . . . . . 20
78 Restriction on sale of liquor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Replacement of pt 4, div 4, subdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 8--On-premises (other activity) licence
79 Authority of on-premises (other activity) licence . . . . . . . . . . . . . . . 21
20 Amendment of s 84 (Restriction on sale of liquor under
producer/wholesaler licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Amendment of s 95 (Authority of limited licence) . . . . . . . . . . . . . . . . . . . . 22
22 Insertion of new pt 4, div 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 9A--General licence
96A Authority of general licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Insertion of new pt 4, div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 15--Catering for public and private functions
104A Definitions for div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
104B Purpose of div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
104C Licensee may cater for functions in certain circumstances . . . . . . . 24
104D Way to apply for public function approval . . . . . . . . . . . . . . . . . . . . 25
104E Public function approval only to certain licensees . . . . . . . . . . . . . . 25
3
Liquor Amendment
104F Restrictions on grant of public function approval . . . . . . . . . . . . . . . 26
104G Public function approval may be subject to conditions . . . . . . . . . . 26
104H Authority provided by public function approval . . . . . . . . . . . . . . . . 27
24 Amendment of s 105 (Requirements for applications) . . . . . . . . . . . . . . . . . 27
25 Amendment of s 106 (Who may apply for licence or permit) . . . . . . . . . . . 27
26 Amendment of s 107 (Restrictions on grant of licence or permit) . . . . . . . 28
27 Insertion of new ss 107A107G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
107A Other restrictions on grant of licence or permit based on
premises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
107B Chief executive may grant preliminary approval . . . . . . . . . . . . . . . 28
107C Preliminary approval valid for a year . . . . . . . . . . . . . . . . . . . . . . . . . 29
107D Public need in relation to preliminary approvals and later
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
107E Effect of preliminary approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
107F Chief executive must grant licence to holder of
preliminary approval if conditions satisfied . . . . . . . . . . . . . . . . . . . . 30
107G Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
28 Amendment of s 109 (Nominees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
29 Amendment of s 110 (Application for grant of extended hours
permit not on regular basis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30 Amendment of s 111 (Variation of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 31
31 Insertion of new s 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
113A Transfer of licence or permit held for or on behalf of
unincorporated association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
32 Amendment of s 114 (Restriction on transfer of licence) . . . . . . . . . . . . . . 32
33 Amendment of s 116 (Public need relevant to applications) . . . . . . . . . . . . 32
34 Amendment of s 118 (Advertisement of applications) . . . . . . . . . . . . . . . . . 32
35 Amendment of s 128 (Liability of licensees in certain cases) . . . . . . . . . . 32
36 Replacement of pt 5, div 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 3--Surrender and disciplinary action
37 Amendment of s 133 (Request to surrender) . . . . . . . . . . . . . . . . . . . . . . . . . 33
38 Replacement of ss 136 and 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
136 Disciplinary action in relation to licences . . . . . . . . . . . . . . . . . . . . . 33
137 Procedure for taking disciplinary action in relation to licence . . . . 35
4
Liquor Amendment
137A Urgent suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
39 Replacement of pt 6, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 1--Provisions binding licensees, permittees, employees
and agents
40 Amendment of s 146 (Sale or supply contrary to licence or permit) . . . . . 38
41 Amendment of s 148 (Gratuitous supply of liquor) . . . . . . . . . . . . . . . . . . . . 38
42 Replacement of s 154 (Alteration and maintenance of licensed
premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
154 Alteration etc. and maintenance of licensed premises . . . . . . . . . . . 38
154A Relocation of detached bottle shops . . . . . . . . . . . . . . . . . . . . . . . . . 39
154B Transfer of certain premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
43 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . . . . . . . . . . 41
44 Amendment of s 169 (Authority required for sale) . . . . . . . . . . . . . . . . . . . . 41
45 Amendment of s 171 (Carrying or exposing liquor for sale) . . . . . . . . . . . . 41
46 Omission of ss 193196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
47 Omission of pt 9, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
48 Replacement of ss 199204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
199 Annual fees payable for licence or permit . . . . . . . . . . . . . . . . . . . . . 42
49 Amendment of s 205 (Filing of returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
50 Omission of ss 206214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
51 Amendment of s 215 (Refund of fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
52 Omission of s 215A (Refund of fees--general) . . . . . . . . . . . . . . . . . . . . . . . 43
53 Amendment of s 216 (Unpaid fees a debt to State) . . . . . . . . . . . . . . . . . . . 43
54 Amendment of s 217 (Records to be kept by licensee) . . . . . . . . . . . . . . . . 43
55 Omission of pt 9, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
56 Amendment of s 219 (Payment of premium for general licence
and special facility licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
57 Amendment of s 220 (Basis of calculation of premium) . . . . . . . . . . . . . . . 45
58 Amendment of s 235 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
59 Omission of ss 242244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
60 Omission of s 247 and 248 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
61 Omission of ss 249A and 250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
5
Liquor Amendment
62 Replacement of pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 12--MISCELLANEOUS TRANSITIONAL PROVISIONS
252 Definitions for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
253 Completion of proceedings before tribunal . . . . . . . . . . . . . . . . . . . . 47
254 Transitional provisions about undecided applications for
general licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
255 Transitional arrangements for decisions about applications
for general licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
256 Transitional provisions for existing general licences . . . . . . . . . . . . 48
257 Transitional provision for licences that provide for sale of
liquor on other premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
63 Amendment of sch (Rules of clubs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
64 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 50
MINOR AMENDMENTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 51
CONSEQUENTIAL AMENDMENTS
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
WINE INDUSTRY ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
1998
A BILL
FOR
An Act to amend the Liquor Act 1992, and for related purposes
s1 8 s5
Liquor Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Liquor Amendment Act 1998. 3
4
Commencement
Clause 2.(1) This Act (other than section 54(1)) commences on a day to be fixed 5
by proclamation. 6
(2) Section 54(1) commences on 1 July 1999. 7
amended 8
Act
Clause 3. This Act amends the Liquor Act 1992. 9
of s 3 (Objects of Act) 10
Amendment
Clause 4. Section 3(b)-- 11
omit, insert-- 12
`(b) to provide for liquor review panel members to review decisions 13
made by the chief executive; and'. 14
of s 4 (Definitions) 15
Amendment
Clause 5.(1) Section 4, definitions "assessment period", "chairperson", 16
"deputy chairperson", "licence period", "licensed premises", 17
"Tribunal" and "unlicensed person"-- 18
omit. 19
(2) Section 4-- 20
insert-- 21
` "disciplinary action", involving a licence, means-- 22
(a) cancelling the licence; or 23
s5 9 s5
Liquor Amendment
(b) suspending the licence-- 1
(i) for a stated period; or 2
(ii) until further ordered by the chief executive, but for not more 3
than 1 year; or 4
(c) closing the licensed premises for a stated period; or 5
(d) varying the licence by-- 6
(i) stating in the licence a condition to which it is to be subject; 7
or 8
(ii) otherwise limiting the authority conferred by the licence; or 9
(e) reducing the times at which the licensee may conduct business 10
under authority of the licence; or 11
(f) disqualifying the licensee from holding a licence-- 12
(i) for a stated period; or 13
(ii) until further ordered by the chief executive, but for not more 14
than 5 years; or 15
(g) requiring the licensee to pay to the department an amount of not 16
more than $10 000;1 or 17
(h) reprimanding the licensee. 18
"licensed premises" means premises to which a licence relates, and 19
includes-- 20
(a) premises for which a temporary authority is granted under 21
section 125;2 and 22
(b) premises for which an approval has been granted under part 4, 23
division 15. 24
"ordinarily set aside for dining", in relation to licensed premises, means 25
the part of the premises usually, or on a regular or continual basis, 26
used or set aside for dining. 27
1 The department may require the licensee to pay the department an amount of not
more than $10 000 for each ground for which disciplinary action is taken under
section 136.
2 Section 125 (Temporary licence)
s6 10 s7
Liquor Amendment
"panel" means the Liquor Review Panel. 1
"panel member" means a member of the Liquor Review Panel. 2
"table" includes a fixed structure used as a table. 3
"unlicensed person" means a person who is not the holder of-- 4
(a) a licence under this Act; or 5
(b) a licence or permit under a law of the Commonwealth, or another 6
State, corresponding to this Act; or 7
(c) a licence under the Wine Industry Act 1994.'. 8
(3) Section 4, definition "meal", paragraph (a), `, or a fixed structure 9
used as a table,'-- 10
omit. 11
of s 7 (Presumed quantity of liquor) 12
Amendment
Clause 6.(1) Section 7, `740 mL'-- 13
omit, insert-- 14
`700 mL and not more than 750 mL'. 15
(2) Section 7, `370 mL'-- 16
omit, insert-- 17
`345 mL and not more than 370 mL'. 18
of s 9 (Ordinary trading hours) 19
Amendment
Clause 7. Section 9(3)-- 20
omit, insert-- 21
`(3) On Anzac Day, ordinary trading hours for licensed premises do not 22
include any period before 1 p.m. other than-- 23
(a) for the sale of liquor to a person to consume on the premises in 24
association with the person eating a meal in a part of the premises 25
ordinarily set aside for dining if the meal is prepared, served and 26
intended to be eaten on the premises--the period between 10 a.m. 27
and 1 p.m. or, if the chief executive approves another period 28
s8 11 s8
Liquor Amendment
between 6 a.m. and 1 p.m. for the premises, the approved period; 1
or 2
(b) for premises that are a cabaret--the period from midnight on the 3
day immediately before Anzac Day until 3 a.m. on Anzac Day.'. 4
of pt 2 (Liquor Appeals Tribunal) 5
Replacement
Clause 8. Part 2-- 6
omit, insert-- 7
`PART 2--REVIEW OF DECISIONS 8
`Division 1--Definitions 9
for pt 2 10
`Definitions
`14. In this part-- 11
"aggrieved person", for a decision, means a person who-- 12
(a) made an application, submission or objection under this Act for 13
the matter about which the decision was made; and 14
(b) is aggrieved by the decision. 15
"original decision" see section 20. 16
"review decision" see section 24(1)(b). 17
"submission" does not include a submission made under section 118A.3 18
2--Liquor review panel and members 19
`Division
of members of panel 20
`Appointment
`15.(1) The Minister may, by gazette notice, appoint adult individuals as 21
members of the liquor review panel. 22
3 Section 118A (Submissions on public need)
s8 12 s8
Liquor Amendment
`(2) The panel is to consist of not less than 3 members and not more than 1
6 members. 2
`(3) At least 3 members of the panel must have engaged in legal practice 3
for not less than 5 years. 4
`(4) In appointing a member of the panel other than a member mentioned 5
in subsection (3), the Minister must have regard to-- 6
(a) the person's business expertise; or 7
(b) the person's financial management expertise; or 8
(c) the person's knowledge of, and experience in, the hospitality or 9
liquor industries. 10
of appointment and way of resigning 11
`Duration
`16.(1) A panel member may be appointed for a term not longer than 12
3 years. 13
`(2) A panel member may resign by signed notice of resignation given to 14
the Minister. 15
of appointment 16
`Conditions
`17.(1) A panel member is to be paid the remuneration and allowances 17
decided by the Governor in Council. 18
`(2) A panel member holds office on the conditions not provided in this 19
Act that are decided by the Governor in Council. 20
from office 21
`Removal
`18. The Minister may, by written notice given to a panel member, 22
remove the member from the panel if the member-- 23
(a) is incapable of properly discharging the functions of a panel 24
member; or 25
(b) is convicted, in the State, of an indictable offence; or 26
(c) is convicted elsewhere, of an offence consisting of an act or 27
omission that, had it happened in the State, would be an indictable 28
s8 13 s8
Liquor Amendment
offence; or 1
(d) fails to disclose a material personal interest in a matter as required 2
under section 22;4 or 3
(e) is otherwise unfit to continue to be a panel member. 4
and deputy chairperson of panel 5
`Chairperson
`19.(1) The Minister must appoint 1 of the members of the panel as 6
chairperson. 7
`(2) Also, the Minister must appoint 1 of the members of the panel as 8
deputy chairperson. 9
`(3) The deputy chairperson of the panel is to act in the office of the 10
chairperson during-- 11
(a) a vacancy in the office of chairperson; or 12
(b) the absence or temporary incapacity of the chairperson. 13
3--Review of decision on application by aggrieved person 14
`Division
for review 15
`Application
`20.(1) An aggrieved person may apply to the chairperson of the panel 16
for a review of a decision (an "original decision") made by the chief 17
executive about the following-- 18
(a) the grant or refusal of a licence or permit (other than a licence for 19
which a preliminary approval was granted) or the renewal of an 20
extended hours permit; 21
(b) the imposition of conditions on a licence or permit; 22
(c) the imposition of disciplinary action involving a licence; 23
(d) the urgent suspension of a licence or the suspension, cancellation 24
or variation of a permit; 25
(e) the surrender of a licence or permit; 26
4 Section 22 (Panel member to disclose material personal interest in decision)
s8 14 s8
Liquor Amendment
(f) the grant or refusal of a preliminary approval; 1
(g) the grant or refusal of an authorisation under this Act; 2
(h) an order directed to a licensee, a permittee or a person holding an 3
authorisation under this Act; 4
(i) an assessment or imposition of a fee or premium payable under 5
this Act. 6
`(2) The application-- 7
(a) must be made in the approved form to the chairperson within 8
28 days after the aggrieved person is given notice of the original 9
decision; and 10
(b) must be accompanied by the grounds on which the review is 11
sought; and 12
(c) may include a request for a stay of the original decision 13
`(3) The application does not stay the original decision unless a stay of 14
the decision is granted under section 23.5 15
`(4) The aggrieved person must also give a copy of the application to the 16
chief executive at the same time the application is given to the chairperson. 17
`(5) As soon as practicable after receiving a copy of the application, the 18
chief executive must give to the chairperson-- 19
(a) a copy of the chief executive's file for the original decision; and 20
(b) the name and last known address of each person who made an 21
application, submission or objection about the matter the subject 22
of the review. 23
to appoint panel member to review decision 24
`Chairperson
`21.(1) If the chairperson is satisfied the applicant has made a valid 25
application under section 20(2), the chairperson must appoint an appropriate 26
panel member to review the decision. 27
`(2) The chairperson must give written notice about the application for 28
5 Under section 23, the panel member may grant a stay of the decision to secure
the effectiveness of the review.
s8 15 s8
Liquor Amendment
review to each person whose name and last known address has been given 1
to the chairperson under section 20(5)(b). 2
`(3) For an application for review of an urgent suspension, the 3
chairperson must make arrangements for the review to be dealt with by a 4
panel member as soon as practicable. 5
member to disclose material personal interest in decision 6
`Panel
`22.(1) If the panel member appointed to review an original decision has 7
a material personal interest in the matter the subject of the review, the panel 8
member-- 9
(a) must disclose the material personal interest to the chairperson; 10
and 11
(b) must be excused from reviewing the decision. 12
`(2) A panel member has a material personal interest in a matter if the 13
member has, or should reasonably have, a realistic expectation that, whether 14
directly or indirectly, the member or an associate stands to gain a benefit or 15
suffer a loss depending on the matter's outcome. 16
`(3) An "associate" is any of the following persons-- 17
(a) the panel member's spouse or another member of the panel 18
member's household; 19
(b) an entity of which the panel member, or the panel member's 20
nominee, is a member; 21
(c) a partner of the panel member; 22
(d) an employer of the panel member; 23
(e) a person prescribed under a regulation. 24
of original decision 25
`Stay
`23.(1) This section applies if an application for review of an original 26
decision includes a request for a stay of the decision. 27
`(2) The panel member appointed for the review may grant a stay of the 28
decision, for not longer than the period in which the panel member must 29
make a decision about the review, to secure the effectiveness of the review. 30
s8 16 s8
Liquor Amendment
for review 1
`Procedure
`24.(1) A panel member appointed to review an original decision must, 2
within 14 days after the application was received by the chairperson-- 3
(a) review the original decision; and 4
(b) make a decision (the "review decision") to-- 5
(i) confirm or revoke the original decision; or 6
(ii) vary the original decision in a way the member considers 7
appropriate; or 8
(iii) set aside the original decision and substitute the member's 9
own decision; or 10
(iv) set aside the original decision and return the issue to the chief 11
executive for reconsideration in accordance with matters 12
stated by the member. 13
`(2) However, if the panel member, in reviewing an original decision, 14
states a case for the Supreme Court's opinion, the time for making the 15
review decision is extended until 7 days after the court's decision is 16
delivered. 17
`(3) Within 14 days after making the review decision, the panel member 18
must give written notice of the decision to-- 19
(a) the applicant; and 20
(b) each person who was given a notice under section 21(2)6 about 21
the review. 22
`(4) The notice must-- 23
(a) include the reasons for the review decision; and 24
(b) for the notice to the applicant--inform the applicant of the 25
6 Section 21 (Chairperson to appoint panel members to review decision)
s9 17 s9
Liquor Amendment
applicant's right of appeal against the decision under the Judicial 1
Review Act 1991.7 2
member may state case for Supreme Court's opinion 3
`Panel
`25. If a question of law arises in reviewing an original decision, the 4
panel member may, on the member's own initiative, state a case for the 5
Supreme Court's opinion. 6
4--Appeal by chief executive against review decision 7
`Division
to Supreme Court by chief executive 8
`Appeal
`26.(1) If the chief executive is dissatisfied with a panel member's 9
review decision, the chief executive may, within 28 days after the decision 10
is made, appeal to the Supreme Court on a ground of error of law. 11
`(2) If the Supreme Court finds the panel member's decision is affected 12
by an error of law, it may set aside the panel member's decision and remit 13
the matter to the panel member for decision in accordance with the law.5'. 14
of s 58 (Available licences) 15
Amendment
Clause 9.(1) Section 58(1)(a)-- 16
7 Under the Judicial Review Act 1991, a person who is aggrieved by the panel
member's decision may, on a number of grounds, apply to the Supreme Court for
a statutory order of review in relation to the decision. The Judicial Review Act
1991, section 7 provides that a person aggrieved by a decision includes a person
whose interests are adversely affected by the decision. The grounds on which an
application may be made include, for example, that the decision involved an
error of law (whether or not the error appears on the record of the decision) or
there was no evidence or other material to justify the making of the decision.
The powers of the court in relation to applications for order of review are set out
in the Judicial Review Act 1991, section 30. For an application for a statutory
order of review in relation to a decision, the court may make an order quashing
or setting aside the decision, referring the matter to which the decision relates to
the person who made the decision for further consideration, subject to directions
or declaring the rights of the parties in relation to any matter to which the
decision relates.
s 10 18 s 11
Liquor Amendment
omit, insert-- 1
`(a) hotel licence;'. 2
(2) Section 58-- 3
insert-- 4
`(1A) Also, a person may hold a general licence.'. 5
(3) Section 58-- 6
insert-- 7
`(3) However, a person may, for any premises or any part of premises, 8
hold a licence under this Act and a licence under the Wine Industry Act 9
1994.'. 10
of s 60 (Restriction on grant of general licence) 11
Amendment
Clause 10. Section 60(a)(i)-- 12
omit, insert-- 13
`(i) the sale or supply of liquor for consumption on and off the 14
premises; and'. 15
of s 62 (Authority of residential licence) 16
Amendment
Clause 11.(1) Section 62(2), `premises, other than the licensed premises,'-- 17
omit, insert-- 18
`other premises,8'. 19
(2) Section 62-- 20
insert-- 21
`(2A) However, the chief executive must not specify liquor may be sold 22
under authority of a residential licence for consumption off the licensed 23
premises if the premises contain less than 16 residential units and do not 24
include a part set apart and available for public use for dining.'. 25
8 See part 4 (Licences and permits), division 15 (Catering for public and private
functions) that sets out provisions about licensees catering off the main licensed
premises.
s 12 19 s 15
Liquor Amendment
of s 65 (Consumption of liquor with meals or when 1
Amendment
meals are being served) 2
Clause 12. Section 65(3)-- 3
omit, insert-- 4
`(3) The number of persons who may at any time be sold or supplied 5
with liquor under subsection (2) must not be more than the number equal to 6
20% of the number of seats at tables-- 7
(a) currently available at the licensed premises at which persons may 8
be seated to eat a meal in the part of the premises ordinarily set 9
aside for dining; and 10
(b) set with cutlery provided for the purpose of eating a meal.'. 11
of s 67 (Restriction on sale of liquor for consumption off 12
Omission
premises) 13
Clause 13. Section 67-- 14
omit. 15
of s 68 (Authority of on-premises licence) 16
Amendment
Clause 14. Section 68(2), `premises other than the licensed premises'-- 17
omit, insert-- 18
`other premises9'. 19
of s 70 (Restriction on sale of liquor for consumption 20
Omission
off-premises) 21
Clause 15. Section 70-- 22
omit. 23
9 See part 4 (Licences and permits), division 15 (Catering for public and private
functions) that sets out provisions about licensees catering off the main licensed
premises.
s 16 20 s 18
Liquor Amendment
of s 72A (Restriction on sale and supply of liquor at 1
Amendment
cabarets) 2
Clause 16. Section 72A(2)-- 3
omit, insert-- 4
`(2) The number of persons who may at any time be sold or supplied 5
with liquor under subsection (1)(b) must not be more than the number 6
equal to 20% of the number of seats at tables-- 7
(a) currently available at the licensed premises at which persons may 8
be seated to eat a meal in the part of the premises ordinarily set 9
aside for dining; and 10
(b) set with cutlery provided for the purpose of eating a meal.'. 11
of s 73 (Restriction on sale of liquor under on-premises 12
Amendment
licence) 13
Clause 17. Section 73(2)-- 14
omit, insert-- 15
`(2) The authority given under subsection (1)(b)(ii) applies only at a time 16
when the premises are trading in a way that is consistent with the primary 17
purpose of the premises. 18
`(3) The number of persons who may at any time be sold or supplied 19
with liquor under subsection (1)(b)(ii) must not be more than the number 20
equal to 20% of the number of seats at tables-- 21
(a) currently available at the licensed premises at which persons may 22
be seated to eat a meal in the part of the premises ordinarily set 23
aside for dining; and 24
(b) set with cutlery provided for the purpose of eating a meal.'. 25
of s 78 (Restriction on sale of liquor) 26
Replacement
Clause 18. Section 78-- 27
omit, insert-- 28
s 19 21 s 20
Liquor Amendment
on sale of liquor 1
`Restriction
`78. The authority of an on-premises licence relating to premises 2
developed as a tourist attraction by provision of entertainment or visual 3
instruction to tourists-- 4
(a) is restricted to sale of liquor, at a liquor outlet specified in the 5
licence, for consumption within the liquor outlet; and 6
(b) if specified in the licence--extends to sale of liquor to or for 7
persons genuinely attending a function on the premises.'. 8
of pt 4, div 4, subdiv 8 9
Replacement
Clause 19. Part 4, division 4, subdivision 8-- 10
omit, insert-- 11
8--On-premises (other activity) licence 12
`Subdivision
of on-premises (other activity) licence 13
`Authority
`79.(1) An on-premises (other activity) licence, if specified by the chief 14
executive in the licence, authorises the licensee to cater for functions held on 15
the licensed premises and sell and supply liquor to or for persons genuinely 16
attending functions on the premises. 17
`(2) The catering provided by the licensee for functions must include 18
providing a meal, to which the sale and supply of liquor under the licence is 19
ancillary.'. 20
of s 84 (Restriction on sale of liquor under 21
Amendment
producer/wholesaler licence) 22
Clause 20.(1) Section 84(1)(e)-- 23
renumber as section 84(1)(i). 24
(2) Section 84(1)(c) and (d)-- 25
omit, insert-- 26
`(c) a person who exports liquor from Australia for consumption 27
outside of Australia; or 28
s 21 22 s 22
Liquor Amendment
(d) a person who operates a duty free shop; or 1
(e) a person purchasing liquor for consumption on aircraft or ships 2
during international journeys; or 3
(f) a person purchasing liquor for consumption at Government 4
House or at a foreign consulate or embassy; or 5
(g) a person purchasing liquor for a religious organisation for 6
sacramental purposes; or 7
(h) a person authorised by a law of the Commonwealth, another State 8
or a foreign country to sell or supply liquor, or the person's agent; 9
or'. 10
of s 95 (Authority of limited licence) 11
Amendment
Clause 21. Section 95(1)(c), `premises other than the licensed premises'-- 12
omit, insert-- 13
`other premises10'. 14
of new pt 4, div 9A 15
Insertion
Clause 22. After section 96-- 16
insert-- 17
9A--General licence 18
`Division
of general licence 19
`Authority
`96A.(1) A general licence authorises the licensee to sell or supply liquor 20
in the circumstances specified in the licence. 21
10 See part 4 (Licences and permits), division 15 (Catering for public and private
functions) that sets out provisions about licensees catering off the main licensed
premises.
s 23 23 s 23
Liquor Amendment
`(2) The authority provided by a general licence (other than the size of the 1
licensed premises) may not be varied under this Act.11'. 2
of new pt 4, div 15 3
Insertion
Clause 23. After section 104-- 4
insert-- 5
15--Catering for public and private functions 6
`Division
for div 15 7
`Definitions
`104A. In this division-- 8
"cater", for a public or private function, means to sell and supply liquor to 9
persons genuinely attending the public or private function in 10
conjunction with providing food or a meal to the persons, as required 11
under section 104H. 12
"main premises", for a licence, means the licensed area specified in the 13
licence. 14
"private function" means an event or occasion held at a place other than 15
the main premises under a licensee's licence-- 16
(a) that is not open to the public or casual attendance; or 17
(b) to which attendance is restricted by personal invitation of the host 18
of the function; or 19
(c) that does not involve the payment of a fee for admission to the 20
function, or for entertainment or services provided at the function; 21
or 22
(d) that is not publicly advertised. 23
24
Examples of private functions--
25
1. A 21st birthday party.
26
2. A wedding.
11 A licensee under a general licence may only vary the conditions of the licence
by applying for the surrender of the general licence and the grant of a new
licence appropriate to the business to be operated under the licence.
s 23 24 s 23
Liquor Amendment
1
3. A company cocktail party.
2
4. A boardroom lunch.
"public function" means an event or occasion that is held at premises 3
other than the main premises under a licensee's licence and that is not a 4
private function. 5
6
Examples of public functions--
7
1. Festivals.
8
2. Public balls, including, for example, a Bachelor and Spinster Ball.
9
3. Rock concerts.
10
4. Race meetings.
"public function approval" see section 104C. 11
of div 15 12
`Purpose
`104B. The purpose of this division is to allow certain licensees to cater 13
for public and private functions. 14
may cater for functions in certain circumstances 15
`Licensee
`104C.(1) A licensee whose licence authorises the sale and supply of 16
liquor at premises other than the main premises may cater for a function at 17
other premises only if-- 18
(a) for a private function--the licensee has, at least 14 days before the 19
day of the function, notified the police officer in charge of the 20
police service for the locality about the function, including-- 21
(i) the location of the function; and 22
(ii) the type, nature and scale of the function; and 23
(iii) the contact details of the person hosting the function; or 24
(b) for a public function-- 25
(i) a condition of the licensee's licence authorises the licensee to 26
cater for the public function; or 27
(ii) the licensee holds an approval (a "public function 28
approval") granted by the chief executive under this 29
s 23 25 s 23
Liquor Amendment
division to cater for the public function. 1
`(2) For a private function, the licensee may only sell and supply 2
liquor-- 3
(a) for a limited licence--between in the hours stated in the licence; 4
or 5
(b) in any other case--during the licensee's ordinary or approved 6
extended trading hours under the licence. 7
`(3) Also, for a licensee who holds an on-premises (other activity) 8
licence, the licensee may sell and supply liquor only for a public or private 9
function if the function is associated with the activity specified in the licence. 10
to apply for public function approval 11
`Way
`104D. An application for a public function approval must-- 12
(a) be made to the chief executive; and 13
(b) be accompanied by the particulars required under a regulation. 14
function approval only to certain licensees 15
`Public
`104E. The chief executive may grant a public function approval to a 16
licensee only if-- 17
(a) the licensee holds 1 of the following licences-- 18
(i) a hotel licence; 19
(ii) a general licence; 20
(iii) a residential licence; 21
(iv) an on-premises licence; 22
(v) a limited licence, if the primary purpose of the business 23
conducted under the licence is specified in the licence as 24
catering for public or private functions; and 25
(b) the licensee's licence specifies the licensee may sell and supply 26
liquor at premises other than the main premises. 27
s 23 26 s 23
Liquor Amendment
on grant of public function approval 1
`Restrictions
`104F.(1) The chief executive may grant a public function approval to a 2
licensee only if the chief executive is, on reasonable grounds, satisfied 3
that-- 4
(a) the licensee would, in catering for the public function, be 5
complying with the primary purpose of the licensee's licence; and 6
(b) the public function will not create any undue annoyance, 7
disturbance or inconvenience to residents of the locality in which 8
the function is to be held; and 9
(c) the public function will not create an unsafe or unhealthy 10
environment for persons attending the function or residents of the 11
locality; and 12
(d) the licensee has carried out appropriate planning for the public 13
function with the police service and local government for the 14
locality; and 15
(e) premises in which liquor may be sold, supplied and consumed at 16
the public function are properly defined and will be appropriately 17
monitored. 18
`(2) Also, the chief executive may, if the licensee will cater for a 19
particular public function on a regular basis or regularly cater for public 20
functions at a particular place, vary the licensee's licence by specifying 21
conditions that authorise the licensee to cater for the public functions 22
without a public function approval. 23
function approval may be subject to conditions 24
`Public
`104G.(1) The chief executive must grant a public function approval 25
subject to the conditions, including about trading hours, that the chief 26
executive, on reasonable grounds, considers appropriate. 27
`(2) If a public function is to be held over more than 1 day, the public 28
function approval for the function applies to the day or days specified in the 29
approval. 30
s 24 27 s 25
Liquor Amendment
provided by public function approval 1
`Authority
`104H. A licensee who holds a public function approval-- 2
(a) may cater off the main premises only in the course of catering for 3
a public function; and 4
(b) must for each public function catered for-- 5
(i) for a licensee under a limited licence--provide food as 6
specified in the conditions of the licence or approval; or 7
(ii) for a licensee under an on-premises (cabaret) licence--if the 8
function is held between 10 a.m. and 5 p.m., provide a meal; 9
or 10
(iii) for a licensee under an on-premises (other activity) 11
licence--provide a meal on all occasions; or 12
(iv) for any other licensee--provide a meal to the extent 13
necessary to comply with the primary purpose of the 14
licensee's licence as specified in the licence.'. 15
of s 105 (Requirements for applications) 16
Amendment
Clause 24. Section 105(c)-- 17
omit, insert-- 18
`(c) be supported by enough information to enable the chief executive 19
to decide the application, including the information prescribed 20
under a regulation for the licence or permit applied for; and 21
of s 106 (Who may apply for licence or permit) 22
Amendment
Clause 25.(1) Section 106, `a general purpose'-- 23
omit. 24
(2) Section 106-- 25
insert-- 26
`(2) Also, an adult individual may make application for a licence or 27
permit for or on behalf of an unincorporated association.'. 28
s 26 28 s 27
Liquor Amendment
of s 107 (Restrictions on grant of licence or permit) 1
Amendment
Clause 26.(1) Section 107, heading, `permit'-- 2
omit, insert-- 3
`permit to fit and proper persons'. 4
(2) Section 107(4)-- 5
omit. 6
of new ss 107A107G 7
Insertion
Clause 27. After section 107-- 8
insert-- 9
restrictions on grant of licence or permit based on premises etc. 10
`Other
`107A.(1) The chief executive must not grant an application for a licence 11
or permit unless-- 12
(a) if a minimum standard has been prescribed under a regulation for 13
the premises at which business is to be conducted under authority 14
of the licence or permit--the premises comply with the standard; 15
or 16
(b) in any other case--the premises are, in the chief executive's 17
opinion, suitable for conduct of business under authority of the 18
licence or permit. 19
`(2) Also, the chief executive must not grant an application for a licence 20
or permit unless the chief executive is satisfied that any other matter relevant 21
to the conduct of the business at the premises has been completed, 22
including, for example, a suitable staff training program has been developed 23
and is to be implemented before the business starts operating. 24
`(3) This section is subject to section 123.12 25
executive may grant preliminary approval 26
`Chief
`107B.(1) This section applies if, after assessing an application for a 27
12 Section 123 (Provisional grant of licence)
s 27 29 s 27
Liquor Amendment
licence or permit and considering the requirements of sections 107 and 1
107A, the chief executive would grant the application but for-- 2
(a) the applicant needing to produce evidence that the conduct of the 3
business on the premises is a permitted use under the relevant 4
local government's planning scheme; or 5
(b) the applicant needing to undertake or complete work on the 6
premises the subject of the application to the satisfaction of the 7
chief executive or relevant local government. 8
`(2) The chief executive may grant the applicant a preliminary approval 9
for the licence or permit subject to the condition that the applicant produce 10
the relevant evidence or complete the relevant work. 11
`(3) The preliminary approval must state-- 12
(a) the evidence the applicant is required to produce, or the work the 13
applicant is required to undertake or complete, before the 14
application for the licence or permit will be granted; and 15
(b) if the applicant produces the stated evidence, or undertakes or 16
completes the stated work, the applicant is entitled to a stated 17
licence or permit. 18
approval valid for a year 19
`Preliminary
`107C.(1) A preliminary approval is in force for 1 year from the day on 20
which it is granted. 21
`(2) The chief executive may, after considering any matter to which the 22
chief executive may have regard in making a decision to grant a licence or 23
permit of the type the subject of the approval, renew a preliminary approval 24
for a period of not more than a year. 25
`(3) A preliminary approval may be renewed more than once. 26
need in relation to preliminary approvals and later 27
`Public
applications 28
`107D.(1) This section applies if-- 29
(a) the chief executive grants a preliminary approval to a person in 30
relation to an application (the "earlier application") for a licence 31
s 28 30 s 28
Liquor Amendment
or permit to provide liquor and related services at premises in a 1
locality; and 2
(b) while the preliminary approval is in force, the chief executive 3
receives another application (the "later application") for a 4
licence or permit to provide liquor and related services at 5
premises in the same locality. 6
`(2) In considering the later application, the reasonable requirements of 7
the public for liquor and related services in the locality are taken to be 8
satisfied to the extent the requirements are covered by the earlier application. 9
of preliminary approval 10
`Effect
`107E. A preliminary approval granted in relation to an application for a 11
licence or permit does not give the applicant authority to operate the 12
business the subject of the application until the licence or permit is granted. 13
executive must grant licence to holder of preliminary approval 14
`Chief
if conditions satisfied 15
`107F. If, while a preliminary approval is in force, the holder of the 16
approval produces the evidence, or undertakes or completes the work, stated 17
in the preliminary approval, the chief executive must grant the appropriate 18
licence or permit. 19
of licence 20
`Term
`107G.(1) A licence continues in force until-- 21
(a) if the chief executive accepts the surrender of the licence--the day 22
fixed by the chief executive for its termination; or 23
(b) it is cancelled. 24
`(2) A licence does not have effect during a period for which it is 25
suspended.'. 26
of s 109 (Nominees) 27
Amendment
Clause 28. Section 109(1)(c)-- 28
s 29 31 s 31
Liquor Amendment
omit, insert-- 1
`(c) if the applicant is an incorporated association;'. 2
(2) Section 109(4) and (5)-- 3
omit. 4
of s 110 (Application for grant of extended hours permit 5
Amendment
not on regular basis) 6
Clause 29. Section 110(2) and (3), `Assistant Commissioner'-- 7
omit, insert-- 8
`police officer'. 9
of s 111 (Variation of licence) 10
Amendment
Clause 30. Section 111-- 11
insert-- 12
`(5) This section does not apply to a general licence.'. 13
of new s 113A 14
Insertion
Clause 31. After section 113-- 15
insert-- 16
of licence or permit held for or on behalf of unincorporated 17
`Transfer
association 18
`113A.(1) This section applies if-- 19
(a) a person holds a licence or permit for or on behalf of an 20
unincorporated association; and 21
(b) the association becomes incorporated. 22
`(2) The licensee must, within 3 months after the association is 23
incorporated, apply to the chief executive for the licence to be transferred to 24
the incorporated association.'. 25
s 32 32 s 35
Liquor Amendment
of s 114 (Restriction on transfer of licence) 1
Amendment
Clause 32. Section 114, `fees'-- 2
omit, insert-- 3
`fees and premiums'. 4
of s 116 (Public need relevant to applications) 5
Amendment
Clause 33.(1) Section 116(4)-- 6
insert-- 7
`(e) the objects of this Act.'. 8
(2) Section 116-- 9
insert-- 10
`(4A) Subsection 4 does not limit the matters the chief executive may 11
consider in making the decision.'. 12
of s 118 (Advertisement of applications) 13
Amendment
Clause 34. Section 118-- 14
omit, insert-- 15
`(2A) For subsection (2)(b), the sign must be displayed-- 16
(a) if the property or premises have 1 road frontage--conspicuously, 17
on the front alignment of the property or premises to which the 18
application relates, at street level and in a way that ensures it is 19
clearly visible to the passing public; and 20
(b) if the property or premises have more than 1 road 21
frontage--conspicuously, on the property or premises to which 22
the application relates, at street level and in a way that ensures it is 23
clearly visible to the passing public on each road frontage.'. 24
of s 128 (Liability of licensees in certain cases) 25
Amendment
Clause 35.(1) Section 128(b), `by or for the benefit of a club'-- 26
omit, insert-- 27
s 36 33 s 38
Liquor Amendment
`by an incorporated association'. 1
(2) Section 128(b), `club's'-- 2
omit, insert-- 3
`association's'. 4
of pt 5, div 3 hdg 5
Replacement
Clause 36. Part 5, division 3, heading-- 6
omit, insert-- 7
3--Surrender and disciplinary action'. 8
`Division
of s 133 (Request to surrender) 9
Amendment
Clause 37. Section 133(3)(b)-- 10
omit, insert-- 11
`(b) must be accompanied or supported by-- 12
(i) the consent of all mortgagees or lessees of the licensed 13
premises, or part of the licensed premises, who have given 14
the chief executive particulars under section 44A;13 and 15
(ii) enough information to enable the chief executive to decide 16
the application, including the information prescribed under a 17
regulation for the surrender of the licence or permit; and'. 18
of ss 136 and 137 19
Replacement
Clause 38. Sections 136 and 137-- 20
omit, insert-- 21
action in relation to licences 22
`Disciplinary
`136.(1) Each of the following is a ground for taking disciplinary action 23
in relation to a licence-- 24
13 Section 44A (Owner, lessee, mortgagee and secured creditors to give particulars
to chief executive)
s 38 34 s 38
Liquor Amendment
(a) the licensee has failed to comply with-- 1
(i) this Act; or 2
(ii) a condition specified in the licence; or 3
(iii) an order of the chief executive or a requisition of an 4
investigator; 5
(b) the licensee is convicted of-- 6
(i) an offence against this Act; or 7
(ii) an offence under the Health Act 1937 or the Food Act 1981 8
involving licensed premises or liquor; or 9
(iii) an offence the chief executive considers indicates the 10
licensee's unsuitability to hold the licence; 11
(c) the licensee has, at a material time, employed or engaged in the 12
business conducted under authority of the licence a person 13
convicted of 1 of the following offences committed in the course 14
of the business-- 15
(i) an offence against this Act; 16
(ii) an offence under the Health Act 1937 or the Food Act 1981 17
involving licensed premises or involving liquor; 18
(d) the licensee has obtained the licence by fraud or false 19
representation; 20
(e) the licensee, or the nominee (if any) in respect of the licensed 21
premises, is not a fit and proper person to conduct business under 22
authority of the licence; 23
(f) the licensee has ceased to conduct business on the licensed 24
premises; 25
(g) the licensee holds the licence for the benefit (wholly or partially) 26
of a person to whom the chief executive would not grant the 27
licence if application were to be made by the person; 28
(h) the use of the licensed premises, or the behaviour of persons 29
entering or leaving the premises-- 30
(i) is causing undue annoyance or disturbance-- 31
(A) to persons living, working or doing business in the 32
s 38 35 s 38
Liquor Amendment
neighbourhood of the premises; or 1
(B) to persons conducting or attending religious services in 2
the neighbourhood of the premises; or 3
(ii) is causing disorderly conduct in, or in the neighbourhood of, 4
the premises. 5
for taking disciplinary action in relation to licence 6
`Procedure
`137.(1) If the chief executive considers, on reasonable grounds, there is 7
a ground to take disciplinary action in relation to a licence (the "proposed 8
action"), the chief executive may give the licensee a written notice that 9
states the following-- 10
(a) the proposed action or actions; 11
(b) the grounds for the proposed action or actions; 12
(c) an outline of the facts and circumstances forming the basis for the 13
grounds; 14
(d) if the proposed action includes suspending the licence--the 15
proposed suspension period; 16
(e) if the proposed action includes closing the licensed premises for a 17
stated period--the proposed closure period; 18
(f) if the proposed action includes requiring the licensee to pay the 19
department an amount--the proposed amount; 20
(g) an invitation to the licensee-- 21
(i) to show within a stated time, of at least 28 days, (the "last 22
day for representations") why the proposed action or 23
actions should not be taken; and 24
(ii) to make submissions about the proposed disciplinary action 25
or actions; 26
(h) how representations by the licensee about the proposed action 27
may be made. 28
`(2) The chief executive must also give to each interested person written 29
notice that-- 30
(a) states the matters mentioned in subsection (1)(a) to (f); and 31
s 38 36 s 38
Liquor Amendment
(b) invites the interested person to make representations (in the way 1
stated in the notice) about the proposed action or actions before 2
the last day for representations. 3
`(3) If, after considering all representations made, the chief executive still 4
considers there is a ground to take the proposed action or any of the 5
proposed actions, the chief executive may-- 6
(a) if the proposed action was other than suspension or 7
cancellation--take the proposed action; or 8
(b) if the proposed action was to suspend the licence--suspend the 9
licence, for not longer than the proposed suspension period or 10
take another form of disciplinary action (other than cancellation of 11
the licence); or 12
(c) if the proposed action was to cancel the licence--either cancel the 13
licence or take another form of disciplinary action. 14
`(4) Within 10 days after the chief executive makes the decision, the chief 15
executive must give written notice of the decision to-- 16
(a) the licensee; and 17
(b) any interested person to whom notice of the proposed action was 18
given. 19
`(5) If the chief executive decides to take disciplinary action, the notice 20
must state-- 21
(a) the reasons for the decision; and 22
(b) the licensee may apply to the panel for a review of the decision 23
within 28 days after the person receives notice of the decision. 24
`(6) The decision takes effect on the later of-- 25
(a) the day the notice is given to the licensee; or 26
(b) the day of effect stated in the notice. 27
`(7) However, if disciplinary action is taken in relation to the licence 28
because of a conviction-- 29
(a) the disciplinary action does not take effect until-- 30
(i) the end of the time to appeal against the conviction; or 31
(ii) if an appeal is made against the conviction--the appeal is 32
s 38 37 s 38
Liquor Amendment
finally decided; and 1
(b) the disciplinary action has no effect if the conviction is quashed. 2
`(8) In this section-- 3
"interested person", for a licence, means a person who has given the chief 4
executive particulars of the person's interest in the licence, under 5
section 44A. 6
suspension 7
`Urgent
`137A.(1) This section applies if the chief executive believes, on 8
reasonable grounds-- 9
(a) a ground exists for taking disciplinary action in relation to a 10
licence; and 11
(b) harm may be caused to members of the public if urgent action to 12
suspend the licence is not taken. 13
`(2) The chief executive may immediately suspend the licence (an 14
"urgent suspension") by written notice given to the licensee, stating-- 15
(a) the licence is suspended; and 16
(b) the reasons for the urgent suspension; and 17
(c) the licensee may apply to the liquor review panel for a review of 18
the urgent suspension within 28 days after the licensee is given 19
the notice. 20
`(3) The urgent suspension takes effect immediately the notice is given to 21
the licensee. 22
`(4) At the same time as the chief executive gives the licensee the notice, 23
the chief executive must give the licensee a notice under section 137. 24
`(5) The urgent suspension continues until the first to happen of the 25
following-- 26
(a) the chief executive revokes it; 27
(b) the chief executive gives the licensee notice of the chief 28
executive's decision under section 137(4); 29
s 39 38 s 42
Liquor Amendment
(c) the end of 60 days after the notice under subsection (2) was given 1
to the licensee.'. 2
of pt 6, div 1, hdg 3
Replacement
Clause 39. Part 6, division 1, heading-- 4
omit, insert-- 5
1--Provisions binding licensees, permittees, employees and 6
`Division
agents'. 7
of s 146 (Sale or supply contrary to licence or permit) 8
Amendment
Clause 40. Section 146, `The licensee or permittee'-- 9
omit, insert-- 10
`A licensee or permittee, or an employee or agent of the licensee or 11
permittee,'. 12
of s 148 (Gratuitous supply of liquor) 13
Amendment
Clause 41. Section 148, `The licensee or permittee'-- 14
omit, insert-- 15
`A licensee or permittee, or the employee or agent of the licensee or 16
permittee,'. 17
of s 154 (Alteration and maintenance of licensed 18
Replacement
premises) 19
Clause 42. Section 154-- 20
omit, insert-- 21
etc. and maintenance of licensed premises 22
`Alteration
`154.(1) The owner, licensee or other person in control of licensed 23
premises must not, without the chief executive's approval, alter, rebuild, 24
change or increase the area of the licensed premises. 25
Maximum penalty--25 penalty units. 26
s 42 39 s 42
Liquor Amendment
`(2) For subsection (1), a change in the area includes not using a part of 1
the area included in the licence as licensed premises, as if the area were not 2
part of the licensed premises. 3
`(3) The licensee of licensed premises must keep the premises clean and 4
in good repair. 5
Maximum penalty--25 penalty units. 6
of detached bottle shops 7
`Relocation
`154A.(1) This section applies if-- 8
(a) under a hotel licence the licensee has authority to sell or supply 9
liquor on premises (a "detached bottle shop") approved by the 10
chief executive, for consumption off the premises;14 and 11
(b) the licensee proposes to relocate the detached bottle shop. 12
`(2) The licensee must make application to the chief executive for 13
approval for the relocation. 14
`(3) In making the decision about the application, the chief executive 15
must have regard to whether or not the applicant should be required to 16
advertise the application under section 118. 17
`(4) The chief executive may approve the application only if the detached 18
bottle shop is to be relocated to another place within the same shopping 19
precinct. 20
`(5) If the detached bottle shop is to be relocated more than the distance 21
prescribed under a regulation from the main licensed premises, the chief 22
executive must refuse the application. 23
`(6) Subsection (5) does not apply if the detached bottle shop-- 24
(a) operates under an approval granted by the chief executive before 25
2 December 1994; or 26
(b) operates under an approval granted by the chief executive on or 27
after 2 December 1994 that authorises the detached bottle shop to 28
14 Under section 59(1)(d) of this Act, a hotel licence authorises the licensee to sell
liquor on premises approved by the chief executive for sale of liquor under
authority of the hotel licence, for consumption off the premises.
s 42 40 s 42
Liquor Amendment
be located more than the distance prescribed under a regulation 1
from the main licensed premises. 2
`(7) If the chief executive approves the application, the chief executive 3
must adjust the licensee's licence-- 4
(a) by decreasing the size of the licensed premises under the licence 5
by the size of the existing detached bottle shop; and 6
(b) by increasing the size of the licensed premises under the licence 7
by the size of the relocated detached bottle shop. 8
of certain premises 9
`Transfer
`154B.(1) This section applies if-- 10
(a) the licensee under a hotel licence (the "first licensee") has 11
authority to sell or supply liquor on premises (a "detached bottle 12
shop") approved by the chief executive for consumption off the 13
premises; and 14
(b) the first licensee proposes to transfer the detached bottle shop to 15
another licensee of a hotel licence (the "second licensee"). 16
`(2) The first and second licensees must make a joint application to the 17
chief executive for approval for the transfer. 18
`(3) In making the decision about the joint application, the chief executive 19
must have regard to the matters prescribed under a regulation for this 20
section. 21
`(4) If the chief executive approves the joint application, the chief 22
executive must-- 23
(a) adjust the first licensee's licence by decreasing the size of the 24
licensed premises under the licence by the size of the existing 25
detached bottle shop; and 26
(b) adjust the second licensee's licence by increasing the size of the 27
licensed premises under the licence by the size of the new 28
detached bottle shop. 29
`(5) A premium is not payable under section 219 for the transfer of the 30
detached bottle shop.'. 31
s 43 41 s 46
Liquor Amendment
of s 155 (Minors on premises) 1
Amendment
Clause 43. Section 155(3)-- 2
omit, insert-- 3
`(3) Also, an employee or agent of the licensee or permittee must not 4
allow a minor to enter the premises to which the licence or permit relates. 5
`(3A) If a minor is on the premises, each of the following persons 6
commits an offence-- 7
(a) the licensee or permittee; 8
(b) if another person is in control of the premises--the other person; 9
(c) if an employee or agent of the licensee or permittee allowed the 10
minor to enter the premises--the employee or agent. 11
Maximum penalty--100 penalty units.'. 12
of s 169 (Authority required for sale) 13
Amendment
Clause 44. Section 169, penalty-- 14
omit, insert-- 15
`Maximum penalty--250 penalty units or 6 months imprisonment.'. 16
of s 171 (Carrying or exposing liquor for sale) 17
Amendment
Clause 45.(1) Section 171, penalty-- 18
omit. 19
(2) Section 171(1)-- 20
insert-- 21
`Maximum penalty--250 penalty units or 6 months imprisonment.'. 22
of ss 193196 23
Omission
Clause 46. Sections 193 to 196-- 24
omit. 25
s 47 42 s 49
Liquor Amendment
of pt 9, div 1, hdg 1
Omission
Clause 47. Part 9, division 1, heading-- 2
omit. 3
of ss 199204 4
Replacement
Clause 48. Sections 199 to 204-- 5
omit, insert-- 6
fees payable for licence or permit 7
`Annual
`199.(1) The annual fee payable for a licence or permit for a financial 8
year is the fee prescribed for the licence or permit under a regulation. 9
`(2) The annual fee for a financial year for a licence or permit must be 10
paid on or before 31 July in the financial year. 11
`(3) If the annual fee for a financial year for a licence or permit is not paid 12
on or before 31 July in the financial year, the licence or permit, or the part of 13
the licence or permit for which the fee is payable, is cancelled effective from 14
1 August in the financial year.'. 15
of s 205 (Filing of returns) 16
Amendment
Clause 49.(1) Section 205(1)-- 17
omit. 18
(2) Section 205(2) and (3), `In each licence period the holder'-- 19
omit, insert-- 20
`The holder'. 21
(3) Section 205(2) and (3), `assessment period'-- 22
omit, insert-- 23
`financial year'. 24
(4) Section 205(3), `or certificate'-- 25
omit. 26
(5) Section 205(4) and (5), `subsection (2)'-- 27
s 50 43 s 54
Liquor Amendment
omit, insert-- 1
`subsection (2) or (3)'. 2
(6) Section 205-- 3
insert-- 4
`(7) Subsection (2) expires on 30 September 1999.'. 5
of ss 206214 6
Omission
Clause 50. Sections 206 to 214-- 7
omit. 8
of s 215 (Refund of fee) 9
Amendment
Clause 51. Section 215, `, other than a discontinuance fee,'-- 10
omit. 11
of s 215A (Refund of fees--general) 12
Omission
Clause 52. Section 215A-- 13
omit. 14
of s 216 (Unpaid fees a debt to State) 15
Amendment
Clause 53.(1) Section 216, heading, `fees'-- 16
omit, insert-- 17
`amount'. 18
(2) Section 216, `as a fee payable'-- 19
omit. 20
of s 217 (Records to be kept by licensee) 21
Amendment
Clause 54.(1) Section 217(1)-- 22
omit, insert-- 23
s 55 44 s 56
Liquor Amendment
`217.(1) A person who holds 1 of the following licences must make and 1
keep a true and up-to-date record of all transactions (a "transaction 2
record") made by or on behalf of the person that involve the sale or supply 3
of liquor by or for the person-- 4
(a) a producer/wholesaler licence; 5
(b) a limited licence relating to premises used for the conduct of a 6
business by a person who holds a licence under the Wine Industry 7
Act 1994. 8
Maximum penalty--350 penalty units.'. 9
(2) Section 217(4)-- 10
omit, insert-- 11
`(4) The licensee must keep the accounting records on the premises to 12
which they relate, or in another place approved by the chief executive, for 13
6 years after the day on which the record is made.'. 14
(3) Section 217(6)-- 15
omit. 16
of pt 9, div 2, hdg 17
Omission
Clause 55. Part 9, division 2, heading-- 18
omit. 19
of s 219 (Payment of premium for general licence and 20
Amendment
special facility licence) 21
Clause 56.(1) Section 219, heading-- 22
omit, insert-- 23
`Payment of premium and additional premium for hotel licence, 24
general licence and special facility licence'. 25
(2) Section 219-- 26
insert-- 27
`(1A) Also, the chief executive may-- 28
s 57 45 s 58
Liquor Amendment
(a) for a hotel licence, general licence or special facility licence--grant 1
an application for an increase in the size of the licensed premises 2
under the licence only if the applicant has paid the additional 3
premium to the department; or 4
(b) for a hotel licence or special facility licence--grant an application 5
for an increase in the facilities provided under the licence only if 6
the applicant has paid the additional premium to the department.'. 7
(3) Section 219(2), after `the premium'-- 8
insert-- 9
`, or additional premium,'. 10
of s 220 (Basis of calculation of premium) 11
Amendment
Clause 57.(1) Section 220, heading, `premium'-- 12
omit, insert-- 13
`premium and additional premium'. 14
(2) Section 220-- 15
insert-- 16
`(2) In fixing the amount of an additional premium, the chief executive 17
must have regard to-- 18
(a) the increased size of the licensed premises under the licence or the 19
increased facilities provided under the licence; and 20
(b) a variation of the conditions of the licence; and 21
(c) an increase in the number or size of liquor outlets on the licensed 22
premises; and 23
(d) another matter the chief executive considers relevant.'. 24
of s 235 (Regulations) 25
Amendment
Clause 58. Section 235(2)-- 26
insert-- 27
`(j) the minimum standards for premises at which a business may be 28
s 59 46 s 62
Liquor Amendment
conducted under authority of a licence or permit; and 1
(k) the premium or additional premium to be paid for a hotel licence, 2
general licence or special facility licence.'. 3
of ss 242244 4
Omission
Clause 59. Sections 242 to 244-- 5
omit. 6
of s 247 and 248 7
Omission
Clause 60. Sections 247 and 248-- 8
omit. 9
of ss 249A and 250 10
Omission
Clause 61. Sections 249A and 250-- 11
omit. 12
of pt 12 13
Replacement
Clause 62. Part 12-- 14
omit, insert-- 15
`PART 12--MISCELLANEOUS TRANSITIONAL 16
PROVISIONS 17
for pt 12 18
`Definitions
`252. In this part-- 19
"amending Act" means the Liquor Amendment Act 1998. 20
"commencement" means the commencement of section 62 of the 21
amending Act. 22
"tribunal" means the Liquor Appeals Tribunal. 23
s 62 47 s 62
Liquor Amendment
of proceedings before tribunal 1
`Completion
`253.(1) If, immediately before the commencement, a proceeding had 2
been started in the tribunal and had not been completed, the proceeding may 3
be completed by the tribunal as if section 7 of the amending Act had not 4
commenced. 5
`(2) For the purposes of subsection (1), the tribunal continues in 6
existence until all the proceedings started before the commencement have 7
been completed. 8
`(3) After the tribunal has finished hearing the last proceeding, the 9
Minister must publish a notice in the gazette stating the tribunal has ended. 10
`(4) If, immediately before the commencement, a notice of appeal had 11
been filed with the registrar of the tribunal and proceedings for the appeal 12
had not started, the notice of appeal is taken to be an application for review 13
made to the chairperson of the panel. 14
provisions about undecided applications for general 15
`Transitional
licences 16
`254.(1) This section applies if, immediately before the commencement 17
of the amending Act-- 18
(a) a person had applied for a general licence; and 19
(b) the application had not been decided. 20
`(2) The application is taken to be an application for a hotel licence. 21
arrangements for decisions about applications for 22
`Transitional
general licence 23
`255.(1) This section applies if, before the commencement, an 24
application for a general licence had been refused and-- 25
(a) proceedings in relation to the decision had been started in the 26
tribunal before the commencement and may be completed under 27
section 253; or 28
(b) the decision is the subject of a review by a panel member. 29
`(2) The tribunal or panel member must-- 30
s 62 48 s 62
Liquor Amendment
(a) decide the appeal or review as if the application were an 1
application for a hotel licence; and 2
(b) if the tribunal or member decides to grant the application--grant 3
the applicant a hotel licence not a general licence. 4
provisions for existing general licences 5
`Transitional
`256.(1) This section applies if, immediately before the commencement, 6
a person held a general licence. 7
`(2) If the general licence held by the person was 1 of the following 8
licences, the person is taken, after the commencement, to hold a hotel 9
licence-- 10
(a) a general licence that, before 1 July 1992, was-- 11
(i) a licensed victualler's licence; or 12
(ii) a tavern licence; or 13
(iii) a resort licence and, from 1 July 1992, was taken to be a 14
general licence; or 15
(iv) a canteen licence; 16
(b) a general licence granted under this Act. 17
`(3) A licence that was a general licence mentioned in subsection (2)(b) 18
and, after the commencement, is taken to be a hotel licence-- 19
(a) is, until it is varied under this Act, subject to the same conditions 20
and restrictions which applied to it immediately before the 21
commencement; and 22
(b) may be varied only if the process in sections 116 and 117 are 23
followed in relation to the variation as if it were an application for 24
a licence mentioned in section 116. 25
`(4) If the general licence held by the person was, before 1 July 1992, a 26
spirit merchant's (retail) licence, the person is taken, after the 27
commencement, to continue to hold a general licence. 28
`(5) Also, if the general licence held by the person was granted under this 29
Act because the person had applied for a spirit merchant's (retail) licence 30
s 63 49 s 64
Liquor Amendment
before 1 July 1992, the person is taken, after the commencement, to 1
continue to hold a general licence. 2
provision for licences that provide for sale of liquor on 3
`Transitional
other premises 4
`257.(1) As soon as practicable after the commencement, the chief 5
executive must conduct a review of licences that, before the 6
commencement, authorised the sale or supply of liquor on premises other 7
than the licensed premises under the licence. 8
`(2) The chief executive may vary the licence to the extent necessary to 9
ensure the conditions of the licence are consistent with part 4, division 15. 10
`Transitional provision for review of licensed premises under hotel, 11
general and special facility licences 12
`258.(1) As soon as practicable after the commencement the chief 13
executive must conduct a review of licensed premises under hotel, general 14
and special facility licences. 15
`(2) The chief executive may vary a hotel, general or special facility 16
licence to the extent necessary to clarify the area of the licensed premises 17
under the licence.'. 18
of sch (Rules of clubs) 19
Amendment
Clause 63. Schedule, `92'-- 20
omit, insert-- 21
`103D'. 22
and consequential amendments 23
Minor
Clause 64.(1) Schedule 1 makes some minor amendments to the Liquor Act 24
1992. 25
(2) Schedule 2 makes consequential amendments to the Acts mentioned 26
in it. 27
28
50
Liquor Amendment
CHEDULE 1 1
¡S
INOR AMENDMENTS 2
M
section 64(1) 3
1. Section 6(a), 47(a), 84(1)(i) (as renumbered), 85(1)(a)(iv), 107(5)(b), 4
149, `or a Territory'-- 5
omit. 6
2. Sections 9(12), 58(1)(a), 59, 60, 61, 116(1)(b), 118(1)(b), 219(1), 7
235(2)(g),`general licence'-- 8
omit, insert-- 9
`hotel licence'. 10
3. Part 4, div 2, heading, `General licence'-- 11
omit, insert-- 12
`Hotel licence'. 13
4. Section 86(2), example, `general licence'-- 14
omit, insert-- 15
`hotel licence'. 16
5. Section 152(2), `general licence'-- 17
omit, insert-- 18
`hotel licence or general licence'. 19
20
51
Liquor Amendment
CHEDULE 2 1
¡S
CONSEQUENTIAL AMENDMENTS 2
section 64(2) 3
AMING MACHINE ACT 1991 4
´G
1. Section 3, definition "general liquor licence"-- 5
omit, insert-- 6
` "hotel liquor licence" means a licence mentioned in the Liquor Act 1992, 7
section 58(1)(a). 8
2. Section 39(1)(b), (d)(i) and (e)(i), `general liquor licence'-- 9
omit, insert-- 10
`hotel liquor licence'. 11
3. Section 53(1) and (3)(a), `general liquor licence'-- 12
omit, insert-- 13
`hotel liquor licence'. 14
WINE INDUSTRY ACT 1994 15
´
4. Division 11, heading-- 16
omit, insert-- 17
`Division 11--Review of decisions'. 18
52
Liquor Amendment
SCHEDULE 2 (continued)
5. Section 33, heading-- 1
omit, insert-- 2
`Review of decisions made by chief executive'. 3
6. Section 33(1), `A decision' to `appealed against'-- 4
omit, insert-- 5
`An application for the review of a decision of the chief executive under 6
this Act may be made'. 7
7. Schedule 2, definition "Tribunal"-- 8
omit. 9
8. Part 9-- 10
omit. 11
12
© State of Queensland 1998
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