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
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
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
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
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
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: