Queensland Consolidated Acts

LIQUOR ACT 1992

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   3A.     Principle underlying this Act for facilitating and regulating the liquor industry
   4.      Definitions
   4AA.    Meaning of entertainment
   4A.     Meaning of function
   4B.     Meaning of liquor
   4C.     Meaning of associate
   4D.     Notes in text
   5.      Who is a responsible adult for a minor
   6.      Acceptable evidence of age
   7.      Presumed quantity of liquor
   8.      Venue of sale of liquor
   9.      Ordinary trading hours
   10.     When supply of liquor is in association with eating a meal
   10A.    When meal is taken not to have been prepared and served to be eaten on premises
   11.     Public place
   12.     Exemptions
   13.     Act binds the Crown

           Part 2--Jurisdiction of tribunal

           Division 1--Jurisdiction of the tribunal

   21.     Jurisdiction and powers of tribunal

           Division 2--Appeals to tribunal

   29A.    Definition
   30.     Persons entitled to appeal
   31.     Start of appeal
   32.     Notice of appeal
   33.     Notification to interested persons
   34.     Arranging the hearing of appeal
   35.     Tribunal may give leave for appeal to be based on new evidence in particular circumstances
   37.     Compliance with orders
   38.     Application of the tribunal Act

           Part 3--Administration

   42.     Power of delegation
   43.     Register of licences, permits and applications to be kept
   44.     Register open to inspection
   44A.    Owner, lessee, mortgagee and secured creditors to give particulars to chief executive
   45.     Court officials to furnish particulars
   46.     Orders for licensed premises etc.
   47.     Assistance to public authorities
   47A.    Publication of information on internet etc.
   48.     Preservation of confidentiality
   49.     Protection from liability

           Part 4--Licences and permits

           Division 1--Licences

   58.     Available licences

           Division 2--General licence

   58A.    Primary purpose of a business conducted under a general licence
   59.     Authority of general licence
   60.     Restriction on grant of general licence
   61.     Consumption of liquor on premises by residents and guests

           Division 3--Residential licence

   61A.    Primary purpose of a business under a residential licence
   62.     Authority of residential licence
   63.     Restriction on grant of residential licence
   64.     Consumption of liquor on premises by residents and guests
   65.     Consumption of liquor in dining area
   66.     Extension of authority to supply liquor for consumption on premises
   67.     Restriction on sale of liquor for consumption off premises

           Division 4--On-premises licence
           Subdivision 1--General

   68.     Authority of on-premises licence
   69.     Restriction on grant of on-premises licence
   70.     Restriction on sale of liquor for consumption off-premises
           Subdivision 2--On-premises (function) licences
   70A.    Primary purpose of an on-premises (function) licence
   71.     Restriction on sale and supply of liquor at functions
           Subdivision 3--On-premises (cabaret) licences
   71A.    Primary purpose of a business under an on-premises (cabaret) licence
   72.     Seating accommodation in cabarets
   72A.    Authority to sell and supply liquor when primary purpose includes provision of meals
   72B.    Extension of authority to sell or supply liquor under on-premises (cabaret) licence
           Subdivision 4--On-premises (meals) licences
   73.     Primary purpose of a business under an on-premises (meals) licence
   73A.    Restriction on sale of liquor under an on-premises (meals) licence
   73B.    Extension of authority to sell or supply liquor under on-premises (meals) licence
   74.     Display of menu and liquor list
           Subdivision 5--On-premises (transport) licences
   74A.    Primary purpose of a business under an on-premises (transport) licence
   75.     Restriction on sale of liquor
           Subdivision 6--On-premises (presentations) licences
   75A.    Primary purpose of a business under an on-premises (presentations) licence
   76.     Location of liquor outlets specified in licence
   77.     Number of liquor outlets
           Subdivision 7--On-premises (tourist) licences
   78.     Primary purpose of a business under an on-premises (tourist) licence
   79.     Restriction on sale of liquor under on-premises (tourist) licence
           Subdivision 8--Other activity
   80.     Primary purpose of a business under an on-premises (other activity) licence
   81.     Extension of authority to sell liquor under an on-premises (other activity) licence

           Division 5--Producer/wholesaler licence

   81A.    Primary purpose of business under producer/wholesaler licence
   82.     Authority of producer/wholesaler licence
   83.     Restriction on grant of producer/wholesaler licence
   84.     Restriction on sale of liquor under producer/wholesaler licence

           Division 6--Club licence

   84A.    Primary purpose of business under club licence
   85.     Authority of club licence
   86.     Restrictions on grant of club licence
   88.     Requirements of club and secretary

           Division 8--Special facility licence

   92.     Primary purpose of a business under a special facility licence
   93.     Authority of special facility licence
   94.     Restriction on grant of special facility licence

           Division 9--Limited licence

   94A.    Primary purpose of a business under a limited licence
   95.     Authority of limited licence
   96.     Restriction on grant of limited licence

           Division 10--Permits

   97.     Available permits

           Division 11--General purpose permit

   98.     Authority of general purpose permit
   99.     Restriction on grant of general purpose permit
   100.    Identification of premises
   101.    Restriction on consumption or possession of liquor

           Division 12--Extended hours permit

   102.    Authority of extended hours permit
   102A.   Restriction on grant of extended hours permit
   102B.   Application for an extended hours permit on a regular basis that includes trading between 5a.m. and 7a.m.
   102C.   Other application for an extended hours permit that includes trading between 5a.m. and 7a.m.

           Division 12A--Catering away permits for public events

   102D.   Definitions for div 12A
   102E.   Licensee to obtain a permit for selling or supplying liquor at public events
   102F.   Restriction on grant of catering away permit
   102G.   Area in catering away permit forms part of licensed premises
   103.    Authority of catering away permit

           Division 13--Restricted club permit

   103A.   Authority of restricted club permit
   103B.   Restriction on grant of restricted club permit and other related matters
   103C.   Duration of permit
   103D.   Requirements of club and secretary

           Division 13A--Adult entertainment permit

   103E.   Adult entertainment code
   103F.   Only licensees and permittees eligible for grant of adult entertainment permit
   103G.   Authority of adult entertainment permit
   103H.   Approved area to conform with requirements
   103I.   Duration of adult entertainment permit
   103J.   Adult entertainment permit dependent on currency of licence or general purpose permit or restricted club permit
   103K.   Restriction on grant of adult entertainment permit

           Division 13B--Restricted area permits

   103L.   Authority of restricted area permit
   103M.   Restriction on grant of restricted area permit

           Division 14--Additional authority of licence and permit

   104.    Additional time for consumption or removal of liquor

           Part 5--Grant, variation and transfer of licences and permits

           Division 1--Applications

   105.    Requirements for applications
   106.    Who may apply for licence or permit
   107.    Restrictions on grant of licence or permit
   107A.   Additional restriction on grant of licence
   107B.   Additional restriction on grant of permit
   107C.   Chief executive may impose conditions on licences and permits
   107D.   Restriction on grant of adult entertainment permit
   107E.   Suitability of applicant for adult entertainment permit
   107F.   Application to be referred to commissioner
   108.    More than 1 licence or adult entertainment permit may be held
   109.    Nominees
   109A.   Restriction on acceptance of nominee for licence
   109B.   Controllers
   109C.   Application for grant of extended hours permit
   110.    Application for grant of extended hours permit not on regular basis
   111.    Variation of licence
   112.    Procedure for variation by chief executive
   112A.   Compensation not payable for variation
   112B.   Variation of condition about noise—licensed premises in special entertainment precinct
   113.    Application for transfer of licence
   113A.   Transfer of licence or permit held for or on behalf of unincorporated association
   115.    Chief executive's responsibility on application for transfer or franchising of a licence
   116.    Public interest relevant to applications
   117.    Advice about application etc.
   117A.   Comments about particular applications
   118.    Advertisement of applications
   118A.   Submissions on public interest
   119.    Objection to grant of applications
   120.    Requirements of objection by petition
   121.    Conference of concerned persons and decision by chief executive
   121A.   Renewal of permits for extension of hours beyond 3a.m.
   122.    Procedure on receipt of objections
   123.    Chief executive may grant provisional licence
   123A.   Chief executive may grant authority to trade for staged development
   123B.   Provisional licence or staged development approval
   123C.   Effect of provisional licence
   124.    Effect of staged development approval
   125.    Temporary authority
   126.    Variation or transfer to be endorsed on licence or permit
   127.    Duplicate licence or permit
   128.    Liability of licensees in certain cases

           Division 2--Persons managing affairs of licensees

   129.    Applications to continue trading in certain circumstances
   130.    Where approval under s 129 not obtained
   131.    Nominees when application to continue trading in certain circumstances
   131A.   Decision by chief executive on application to continue trading in certain circumstances
   131B.   Section 129 applicants may apply under s 113
   132.    Discharge of licensee or permittee from obligations

           Division 3--Surrender and cancellation of licence or permit
           Subdivision 1--Surrender of licences and permits

   133.    Request to surrender
           Subdivision 2--Cancellation, suspension and variation of permits
   134.    Cancellation, suspension or variation of permits
   134A.   Ground for taking relevant action relating to adult entertainment permit
   134B.   Show cause notice
   134C.   Decision about relevant action relating to adult entertainment permit
   135.    Summary cancellation, suspension or variation
   135A.   Compensation not payable for variation
           Subdivision 3--Disciplinary action relating to licences
   136.    Grounds for disciplinary action
   137.    Procedure for taking disciplinary action in relation to licence
   137A.   Decision about disciplinary action
   137B.   Notice to be given about chief executive's decision
   137C.   Urgent suspension
   137D.   Amount payable as a debt due to the State
           Subdivision 4--Effect of suspension of licence or permit and other matter
   138.    Effect of suspension
   139.    Compensation not payable

           Division 4--Closure of premises

   140.    Closure of unsafe or unhealthy premises
   141.    Order to close premises for unlawful trading
   142.    Closure of premises in face of riot or tumult

           Division 5--Lock out provisions

   142AA.  Application of div 5
   142AB.  Licences and permits subject to lock out condition
   142AC.  Application of ss 134 and 136 to lock out condition

           Division 6--Certain provisions about conditions of licences and permits for Brisbane City Council area
           Subdivision 1--Preliminary

   142AD.  Definitions for div 6
   142AE.  Application of div 6
   142AF.  Purpose of div 6
           Subdivision 2--Conditions of licences and permits
   142AG.  Conditions about crowd controllers
   142AH.  Conditions about closed-circuit television equipment
   142AI.  Conditions about incident and training registers
   142AJ.  Conditions about house policy
   142AK.  Conditions about training course certificates for particular persons
   142AL.  Conditions about drinking practices
   142AM.  Compliance with conditions
           Subdivision 3--Application of ss 134 and 136 to conditions under sdiv 2
   142AN.  Application of ss 134 and 136

           Part 5A--Trainers for licensee's course and approved training course

           Division 1--Appointment of public service officers as trainers

   142A.   Appointment of public service officer as trainer

           Division 2--Obtaining approval as trainer

   142B.   Applying for approval as trainer
   142C.   Deciding application
   142D.   Grant of application
   142E.   Refusal of application

           Division 3--Renewal

   142F.   Applying for renewal
   142G.   Deciding application
   142H.   Renewal of approval
   142I.   Refusal to renew approval
   142J.   Approval continues pending decision about renewal

           Division 4--Lapsing of applications

   142K.   Lapsing of application

           Division 5--Cancellation of approvals

   142L.   Grounds for cancellation
   142M.   Procedure for cancellation

           Part 5B--Review of decisions

   142N.   Application for review
   142O.   No stay of operation of decision
   142P.   Review decision

           Part 6--Obligatory provisions and offences

           Division 1--Provisions binding licensees, permittees, nominees, employees and agents

   143.    Particulars to be displayed on premises
   143A.   Particulars to be displayed for approved area for adult entertainment
   144.    Change of name requires approval
   145.    Keeping licence or permit at licensed premises
   145A.   Production of licence or permit on request
   146.    Supply contrary to licence or permit
   147.    Consumption or removal contrary to licence or permit
   148.    Gratuitous supply of liquor
   148A.   Obligations of licensees and permittees relating to the service, supply and promotion of liquor
   148B.   Control of certain advertising by licensees or permittees
   149.    Licensee to exercise control over premises
   149A.   Providing adult entertainment without adult entertainment permit
   149B.   Supervising adult entertainment
   150.    Notification of change in controlling interest in licensee
   151.    Unlawful betting or gaming
   151A.   Betting on licensed premises
   152.    Prohibition on other use of premises
   153.    Letting or subletting of licensed premises
   154.    Alteration etc. and maintenance of licensed premises
   154A.   Relocation of detached bottle shops
   154B.   Transfer of certain premises
   154C.   Inclusion or amendment of other premises as part of authority of club licence
   155.    Minors on premises
   155AA.  Minors must not be in approved area when adult entertainment being provided

           Division 2--Provisions binding all persons

   155A.   Prohibition on sale to a minor
   156.    Liquor prohibited to certain persons
   157.    Prohibitions affecting minors
   158.    False representation of age
   159.    Wrongful dealing with genuine evidence of age
   160.    Seizure of document wrongly used as evidence of age
   161.    Consumption or removal of liquor outside trading hours
   162.    Taking liquor onto or away from premises subject to on-premises licence
   163.    False representation of intention to dine
   164.    Conduct causing public nuisance
   165.    Removal of persons from premises
   165A.   Refusing entry to premises
   165B.   Preservation of other rights to prevent entry to premises or remove persons from premises
   166.    Obstruction generally
   167.    Ascertainment of age
   168.    Interference with licence or permit
   168A.   Advertising adult entertainment
   168B.   Prohibition on possession of liquor in restricted area
   168C.   Attempt to take liquor into restricted area

           Division 3--Provisions concerning sale of liquor by unlicensed persons or on unlicensed premises

   169.    Authority required for sale
   170.    Sale of liquor on premises to which licence or permit relates
   171.    Carrying or exposing liquor for sale
   172.    Offer to purchase liquor made elsewhere than at licensed premises
   173.    Occupier and owner of unlicensed premises liable for sale of liquor etc.

           Division 4--Provisions concerning consumption of liquor in certain public places

   173A.   Definitions
   173B.   Consumption of liquor in certain public places prohibited
   173C.   Local government, other than particular local governments, may designate public places where liquor may be consumed
   173D.   Local government must advertise designation and place signs
   173E.   Local government must advertise repeal or amendment of designation and remove or alter signs

           Part 6A--Restricted areas

           Division 1--Preliminary

   173F.   Purpose of pt 6A

           Division 2--Declaration of, and prohibition of possession of liquor in, restricted areas

   173G.   Declaration of restricted area
   173H.   Declaration of prohibition of possession of liquor in restricted area
   173I.   Consultation with community justice groups for declarations
   173J.   Notice about prohibition of possession of liquor in restricted area

           Division 3--Designation of public places where liquor may be consumed

   173K.   Definition for div 3
   173L.   Regulation may designate public place in restricted area where certain type of liquor may be consumed
   173M.   Notice of designation
   173N.   Suspension of designation

           Part 7--Investigators and their powers

           Division 1--Exercise of powers

   174.    Investigators
   174A.   Powers of community police officers
   175.    Power to stop and search vehicles etc.
   176.    Entry and search—monitoring compliance
   177.    Entry and search—evidence of offences
   178.    General powers of investigator in relation to places
   179.    Monitoring warrants
   180.    Offence related warrants
   181.    Warrants may be granted by telephone, facsimile, radio etc.
   182.    Requirement to give name, address and age
   183.    Power to require answers to questions
   183A.   Other powers of seizure
   183B.   Powers supporting seizure
   184.    Other powers of investigators
   185.    Obstruction of investigators
   186.    Seizure of material associated with representation of age
   187.    Abatement of nuisance or dangerous activity

           Division 2--Provisions relating to seizure

   187A.   Application
   187B.   Receipts for seized property
   187C.   Return of seized property
   187D.   Access to seized property
   187E.   Forfeiture of unreturned property
   187EA.  Forfeiture of seized property to prevent commission of particular offences—investigator
   187EB.  Forfeiture of seized property to prevent commission of particular offences—chief executive
   187EC.  Application for return of seized property
   187F.   Forfeiture on conviction
   187G.   Dealing with forfeited property

           Part 9--Financial provisions

   199.    Elements of gross amount paid or payable for liquor
   200.    Licence and assessment periods
   201.    Duration of licence
   202.    Fees payable for licences and permits
   203.    Assessment of fees
   205.    Filing of returns
   206.    Factors affecting assessment of fees
   207.    Notification of assessment
   208.    Payment of fees
   209.    Suspension and cancellation for failure to pay fee
   210.    Appeal concerning failure to pay fee
   211.    Powers of tribunal on appeal
   212.    Reassessment of fee
   213.    Liability for reassessed fee in certain cases
   214.    Discontinuance fee
   215.    Refund of fee
   215A.   Refund of fees—general
   216.    Unpaid fees a debt to State
   217.    Records to be kept by licensee
   218.    Powers of examination by investigator

           Part 10--Miscellaneous provisions

   226.    Contravention of conditions of licences etc.
   227.    Payment of penalties to consolidated fund
   228.    Suspension of licence for offences concerning minors and other persons
   228A.   Disqualification from holding licence or permit on conviction of certain offences
   229.    Liability for certain offences against Act
   230.    Defence to charge if age material
   231.    False or misleading statements
   231A.   False, misleading or incomplete documents
   231B.   Impersonation of investigator
   232.    Summary proceedings for offences
   232B.   Commissioner to give information to chief executive
   233.    Evidentiary provisions
   233A.   Use of code in proceedings
   234.    Service of documents
   235.    Regulation-making power

           Part 11--Transitional provisions

           Division 1--General

   236.    Object of part
   237.    Interpretation

           Division 2--Transitional provisions

   238.    Completion of proceedings in the Court
   238A.   Disposal of applications for removal
   239.    Termination of Court
   241.    Disposal of applications made to Commission
   242.    Table of corresponding licences
   243.    Continuance of existing licences
   243A.   Variation of general licence (previously spirit merchant's (retail) licence)
   244.    Continuance of existing permits
   246.    Continuance of business of spirit merchant
   247.    Review of licences
   248.    Enforcement of orders etc. under repealed Act
   249.    Recovery of outstanding amounts
   249A.   Apportionment of licence fees under s 18B of repealed Act
   250.    Compensation for certain surrendered general licences
   251.    References to Liquor Act 1912

           Part 12--Further transitional provisions

           Division 1--Transitional provisions about restricted club licences for the Liquor Amendment Act (No. 2) 1994

   252.    Object of division
   253.    Continuance of existing licences

           Division 2--Transitional provisions for Liquor (Evictions, Unlicensed Sales and Other Matters) Amendment Act 1999

   254.    Meaning of amending Act
   255.    Transitional provision for amendment of s 169
   256.    Transitional provision for amendment of s 171
   257.    Transitional provision for amendment of s 173
   258.    Transitional provision for amendment of s 228A

           Division 3--Transitional provisions for Liquor Amendment Act 2001

   259.    Transitional provision for tribunal
   260.    Transitional provision for certain general licences
   261.    Transitional provision for applications under pt 5
   262.    Transitional provision for temporary authority
   263.    Continuation of notices under s 187
   264.    Effect of s 85(1C) in relation to club licences
   265.    Review of licences

           Division 4--Transitional provision for Indigenous Communities Liquor Licences Act 2002

   266.    Licence applications for community areas

           Division 5--Transitional provision for Liquor Amendment Act 2003

   267.    Dealing with particular application or nomination

           Division 6--Transitional provisions for Liquor and Other Acts Amendment Act 2005

   268.    Definitions for div 6
   269.    Dealing with nomination of nominee
   270.    Particular person ceases to be nominee
   271.    Application for variation of particular licence
   272.    Application for renewal of extended hours permit
   273.    Provisional licences continue in force
   274.    Provision about current training course certificates
   275.    When particular conditions under pt 5, div 6 apply

           Division 7--Transitional provisions for Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Act 2008
           Subdivision 1--General licence held by a local government, corporatised corporation or relevant public sector entity, other than the Torres Strait Island Regional Council

   276.    Definitions for sdiv 1
   277.    Application of sdiv 1
   278.    Lapsing of relevant licence
   279.    Continuation of relevant licence
   280.    Application for the transfer of a relevant licence
   281.    No further application for the transfer of a relevant licence
           Subdivision 2--General licence held by the Torres Strait Island Regional Council
   282.    Definitions for sdiv 2
   283.    Application of sdiv 2
   284.    Lapsing of relevant licence
   285.    Continuation of relevant licence
   286.    Application for the transfer of a relevant licence
   287.    No further application for the transfer of a relevant licence
           SCHEDULE RULES OF CLUBS
           Endnotes