LIQUOR LICENSING ACT 1997
LIQUOR LICENSING ACT 1997
TABLE OF PROVISIONS
Long Title
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: