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LIQUOR LICENSING ACT 1997

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 3 Objects
  • 4 Interpretation
  • 5 Resident on licensed premises
  • 6 Persons with authority in a trust or corporate entity
  • 7 Close associates
  • 7A Exemptions

PART 2--Licensing authorities

Division 1--The Commissioner and staff

  • 8 Liquor and Gambling Commissioner
  • 9 Inspectors and other officers
  • 10 Delegation
  • 11 Disclosure of information
  • 11AA Publication of determinations--confidential information
  • 11A Codes of practice
  • 11B Review of codes of practice
  • 11C Steps to avoid conflict with planning system

Division 2--The Licensing Court of South Australia

  • 12 Continuation of Court
  • 13 Court to be court of record
  • 13A Seal
  • 14 Constitution of the Court
  • 15 Judges
  • 15A Registrar
  • 16 Jurisdiction of the Court
  • 16A Rules

Division 3--Division of responsibilities between the Commissioner and the Court

  • 17 Division of responsibilities between Commissioner and the Court

Division 4--Proceedings before the Commissioner

  • 18 Proceedings before the Commissioner
  • 19 Powers of Commissioner with respect to witnesses and evidence
  • 20 Representation
  • 21 Power of Commissioner to refer questions to the Court
  • 22 Application for review of Commissioner's decision

Division 5--Proceedings before the Court

  • 22A Time and place of sittings
  • 22B Adjournment from time to time and place to place
  • 22C Hearing in public
  • 23 Proceedings before the Court
  • 24 Powers with respect to witnesses and evidence
  • 24A Entry and inspection of property
  • 24B Injunctive remedies
  • 24C Punishment of contempts
  • 25 Representation
  • 25A Intervention by Commissioner
  • 26 Power to award costs
  • 27 Appeal from orders and decisions of the Court
  • 28 Reference of question of law

Division 5A--Intervention by Commissioner of Police

  • 28AA Intervention by Commissioner of Police

Division 6--Criminal intelligence

  • 28A Criminal intelligence

PART 3--Licences

Division 1--Requirement to hold licence

  • 29 Requirement to hold licence
  • 30 Cases where licence is not required

Division 2--Licences

Subdivision 1--Authorised trading in liquor
  • 31 Authorised trading in liquor
  • Subdivision 2--Ongoing licences
  • 32 General and hotel licence
  • 33 On premises licence
  • 34 Residential licence
  • 35 Restaurant and catering licence
  • 36 Club licence
  • 37 Small venue licence
  • 38 Packaged liquor sales licence
  • 39 Liquor production and sales licence
  • Subdivision 3--Short term licence
  • 40 Short term licence
  • Subdivision 4--Interstate direct sales licence
  • 41 Interstate direct sales licence

Division 3--Conditions of licence

  • 42 Mandatory conditions
  • 42A New Year's Eve trading in relation to certain licences
  • 43 Power of licensing authority to impose conditions
  • 45 Compliance with licence conditions

Division 4--General provisions

  • 46 Unauthorised sale or supply of liquor
  • 47 How licences are to be held
  • 48 Plurality of licences
  • 50 Minors not to be licensees
  • 50A Annual fees
  • 50B Notification of certain variations to licences

PART 4--Applications and submissions

Division 1--Formal requirements

  • 51 Form of applications
  • 51A Applications to be given to Commissioner of Police
  • 52 Certain applications to be advertised
  • 52A Confidentiality of certain documents and material relevant to application

Division 2--General powers and discretions of licensing authority

  • 53 Discretionary powers of licensing authority
  • 53A Licensing authority to be satisfied that designated application is in community interest
  • 53B Community impact assessment guidelines
  • 54 Order for determining applications
  • 55 Provisions governing whether person is fit and proper

Division 3--Application for new licence

  • 56 Applicant to be fit and proper person
  • 57 Requirements for premises
  • 59 Certificate of approval for proposed premises
  • 59A Licence fee payable on grant of licence

Division 4--Removal of licence

  • 60 Premises to which licence is to be removed
  • 62 Certificate of approval for removal of licence to proposed premises
  • 62A Removal of liquor production and sales licence in respect of outlet

Division 4A--Addition of outlets to liquor production and sales licence

  • 62B Addition of outlets to liquor production and sales licence
  • 62C Certificate of approval for addition to liquor production and sales licence of proposed premises as outlet

Division 5--Transfer of licence

  • 63 Applicant for transfer must be fit and proper person
  • 64 Limitation on sale or assignment of rights under licence
  • 65 Transferee to succeed to transferor's liabilities and rights

Division 5A--Special provision relating to amalgamation of certain clubs

  • 65A Special provision relating to amalgamation of certain clubs

Division 6--Voluntary suspension and revocation of licence

  • 66 Suspension and revocation of licence
  • 67 Surrender of licence

Division 7--Alteration and redefinition of licensed premises

  • 68 Alteration and redefinition of licensed premises

Division 8--Extension of trading area

  • 69 Extension of trading area

Division 8A--Alteration of endorsements

  • 69A Alteration of endorsements

Division 9--Variation of non-statutory conditions of licence

  • 70 Variation of non-statutory conditions of licence

Division 10--Approval of management and control

  • 71 Approval of management and control
  • 71AA Revocation of approval of responsible person

Division 11--Lessor's consent

  • 72 Consent of lessor or owner required in certain cases

Division 12--Devolution of licensee's rights

  • 73 Devolution of licensee's rights
  • 74 Bankruptcy or winding up of licensee
  • 75 Notice to be given of exercise of rights under this Division

Division 13--Submissions in relation to applications

  • 76 Commissioner of Police may make written submissions
  • 77 General right to make written submissions
  • 78 Further written submissions
  • 79 Conciliation
  • 80 Commissioner may refer matters to Court
  • 81 Hearings etc
  • 82 Variation of written submissions

PART 6--Conduct of licensed business

Division 1--Supervision and management

  • 97 Supervision and management of licensee's business
  • 97A Direction to complete training--responsible persons
  • 98 Approval of assumption of positions of authority in corporate or trust structures

Division 2--Profit sharing

  • 99 Prohibition of profit sharing

Division 3--Supply of liquor to residents on licensed premises

  • 100 Supply of liquor to residents on licensed premises
  • 101 Record of residents on licensed premises

Division 4--Removal and consumption of liquor

  • 102 Restriction on taking liquor from licensed premises
  • 103 Restriction on consumption of liquor in, and taking liquor from, licensed premises
  • 104 Liquor may be brought onto, and removed from, licensed premises in certain cases

Division 5--Regulation of prescribed entertainment

  • 105 Prescribed entertainment on licensed premises

Division 6--Noise

  • 106 Complaint about noise etc emanating from licensed premises

Division 7--Employment of minors

  • 107 Minors not to be employed to serve liquor in licensed premises

Division 7A--Sale of liquor through direct sales transaction

  • 107A Sale of liquor through direct sales transaction

Division 8--Sale or supply to intoxicated persons

  • 108 Liquor not to be sold or supplied to intoxicated persons

Division 9--Miscellaneous requirements

  • 109 Copy of licence etc to be kept on licensed premises
  • 109A Records of liquor transactions
  • 109B Returns

PART 7--Minors

  • 109C Interpretation
  • 110 Sale and supply of liquor to minors on licensed premises
  • 110A Supply of liquor to minors generally
  • 111 Areas of licensed premises may be declared out of bounds to minors
  • 112 Minors not to enter or remain in certain licensed premises
  • 113 Notice to be erected
  • 113A Requirements relating to notices
  • 115 Evidence of age may be required
  • 115A Seizure of evidence of age document
  • 116 Power to remove or refuse entry to minors

PART 7A--Offences relating to conduct on licensed premises etc

  • 117A Offensive or disorderly conduct

PART 7B--Offences relating to criminal organisations

  • 117B Preliminary
  • 117C Report of Crime and Public Integrity Policy Committee
  • 117D Exclusion of persons wearing or carrying prohibited items
  • 117E Entering and remaining in licensed premises wearing or carrying a prohibited item
  • 117F Removal of person wearing or carrying prohibited item from premises

PART 8--Disciplinary action

  • 118 Application of Part
  • 119 Cause for disciplinary action
  • 119A Commissioner's power to deal with disciplinary matter by consent
  • 119B Disciplinary action before Commissioner for certain matters
  • 120 Disciplinary action before the Court
  • 120A Commissioner's power to suspend or impose conditions pending disciplinary action
  • 121 Disciplinary action

PART 9--Special powers and enforcement

Division 1--Powers of entry etc

  • 122 Powers of authorised officers
  • 123 Power to enter and search premises and confiscate liquor

Division 2--Power to remove or refuse entry

  • 124 Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour

Division 3--Power to bar

Subdivision 1--Interpretation
  • 124A Interpretation
  • Subdivision 2--Licensee barring orders
  • 125 Licensee barring orders
  • Subdivision 3--Police barring orders
  • 125A Commissioner of Police barring orders
  • 125B Police officer barring orders
  • 125C Offences
  • 125D Evidence
  • Subdivision 4--Miscellaneous
  • 125E Power to require personal details
  • 126 Orders
  • 127 Power to remove person who is barred
  • 128 Review of orders
  • 128A Reports on barring orders
  • 128AB Commissioner of Police to report to Minister for Police on barring orders

Division 4--Public order and safety

  • 128B Power of Commissioner to issue public order and safety notice
  • 128C Power of police to clear or close licensed premises etc

PART 9A--Liquor accords

  • 128D Interpretation
  • 128E Preparation of draft local liquor accords
  • 128F Terms of local liquor accords
  • 128G Competition and Consumer Act and Competition Code
  • 128H Approval of local liquor accords

PART 10--Unlawful consumption of liquor

  • 129 Consumption of liquor on regulated premises
  • 130 Unlawful consumption of liquor
  • 131 Control of consumption etc of liquor in public places

PART 10A--Prohibition of manufacture, sale or supply of certain liquor

  • 131AA Prohibition of manufacture, sale or supply of certain liquor

PART 11--Miscellaneous

Division 1--Offences and procedure

  • 131A Failing to leave licensed premises on request
  • 132 Penalties
  • 133 Recovery of financial advantage illegally obtained
  • 134 Vicarious liability
  • 135 Evidentiary provision
  • 135A Determination of second or subsequent offence in case of previous offence that has been expiated

Division 2--General

  • 136 Service
  • 137A Destruction of fingerprints
  • 137B Procedures to be observed by authorised persons in prevention of persons from entering, and removal of persons from, licensed premises
  • 137C Special transitional provision--disapplication or modification of certain restrictions or requirements in respect of licences
  • 138 Regulations
  • Legislative history The Parliament of South Australia enacts as follows:

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