LIQUOR ACT 1992 - SECT 13
Exemption for the sale of liquor at fundraising event
LIQUOR ACT 1992 - SECT 13
Exemption for the sale of liquor at fundraising event
13 Exemption for the sale of liquor at fundraising event
(1) This Act does not apply to a sale of liquor by an eligible entity at a
fundraising event if—
(a) all the net proceeds from the sale of liquor will
be used for the benefit of the community; and
(b) the sale of liquor is
ancillary to the fundraising event; and
(c) the liquor is sold between 7a.m.
and midnight; and
(d) for a fundraising event other than a small regional
show—the liquor is sold during a period not exceeding a total of 8 hours;
and
(e) the liquor is sold in open containers for consumption at the event;
and
(f) the liquor is sold by an adult; and
(g) the eligible entity ensures
the sale of liquor does not create an unsafe environment at the event.
Example
of when the sale of liquor creates an unsafe environment at the event—
the
entity allows a person to whom the liquor is sold to remain at the event when
the person is clearly unduly intoxicated, behaving in a disorderly way,
causing a disturbance to other persons or demonstrating violent behaviour
(2) However, this Act does apply to the sale of liquor at a fundraising event
if—
(a) the liquor is sold at the event in a manner that encourages the
irresponsible consumption of liquor; or
(b) the liquor is sold at the event
to a person who—
(i) is a minor; or
(ii) is unduly intoxicated or
disorderly; or
(c) the liquor is sold on Christmas Day or Good Friday or
before 1p.m. on Anzac Day; or
(d) the event is held—
(i) in a relevant
restricted area; or
(ii) at licensed premises or premises to which a permit
relates.
(3) For subsection (1) , an entity is an
"eligible entity" for the sale of liquor at a fundraising event if—
(a) it
is a non-profit entity for the event; and
(b) neither the entity nor an
executive officer of the entity has, within 6 months immediately before the
event, been given a non-compliance notice under section 14C(3) stating that
the sale of liquor must cease immediately; and
(c) neither the entity nor an
executive officer of the entity has, within the 5 years immediately before the
event, been convicted of an offence under any of the following—
(d) for an entity or an executive officer of the entity that is a
licensee or permittee, neither the entity nor the executive officer has,
within the 5 years immediately before the event—
(i) been given a written
notice for an urgent suspension of the entity’s or executive officer’s
licence under section 137C; or
(iii) breached a condition of a licence or
permit relating to minimising alcohol-related disturbances, or public
disorder, in a locality.
(4) However, an entity is not an
"eligible entity" if, when the fundraising event is held, the entity or an
executive officer of the entity is disqualified from holding a licence under
part 5 , division 3 , subdivision 3 .
(5) In this section—
"executive officer" , of an entity, means—
(a) if the entity has a
management committee—each member of the committee; or
(b) otherwise—each
member of the entity who is concerned with, or takes part in, the management
of the entity.