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LIQUOR AMENDMENT BILL 1992
EXPLANATORY NOTES
Clause 1--Short Title. Provides for this Act to be cited as the Liquor
Amendment Act 1992.
Clause 2--Commencement. Provides that Sections 3 and 5 commence
on 1st July, 1992. Commencement of these provisions from the same day
as the Liquor Act 1992 is necessary for continuity in the preservation of the
rights of persons affected by this act.
Clause 3--Amended Act. Provides that the Liquor Act 1992 is amended
as set out in this Act.
Clause 4--Consumption of liquor in certain public places prohibited.
Creates a new Division 4 in the Act and inserts new provisions
SS173A--173E to regulate the consumption of liquor in certain public
places.
Definition of "area", "designated public place" and "road" are inserted.
The new provisions place a general prohibition on the consumption of
liquor in a public place, except under the authority of a liquor licence or
permit, or in a public place designated by a local authority where liquor can
be consumed. Public place, where the prohibition applies, means a public
place that is a road, land owned or under the control of a local authority
(other than an environmental park), or a doorway, entrance or vestibule
giving access to premises from those public places.
The maximum penalty is 1 penalty unit. A person does not commit an
offence if the place had previously been a designated area and the local
authority has failed to comply with its obligations relating to the repeal or
amendment of a designated area.
A local authority may, by resolution, designate a public place within its
area where the consumption of liquor is permitted and may specify that the
designation will have effect during a specified period or times.
The provision places a statutory obligation on local authorities to
advertise and signpost a designated area. The advertisement is to appear in a
newspaper circulating in the area, except in the case of designation being
made in relation to a place for a period of not more than one day, where the
requirement to advertise the making of the resolution is dispensed with.
2
If a designation is repealed or amended the local authority must also
advertise the repeal or amendment and remove or alter the signs.
Clause 5--Apportionment of Licensed Victuallers' Fees under Section
18B of Repealed Act. Inserts new Section 249A which provides that
Section 18B of the repealed Act continues to apply as if it had not been
repealed, unless the parties who had the benefit of the section have, between
1st July, 1992 and the day of the introduction of the Bill for this Act,
entered into an agreement or varied a lease, agreement for lease or other
tenancy agreement, to adjust the financial obligations of the parties in
relation to section 18B of the repealed Act.
The right that is continued by this Act ceases when the tenancy
agreement relating to the licensed premises expires or is lawfully
terminated.
If the liquor licence is transferred, the transferee may exercise the right
continued by this Act until the lease, agreement for lease of other tenancy
agreement relating to the licensed premises expires or is lawfully
terminated.
© The State of Queensland 1992