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LIQUOR LICENSING ACT 1997 - SECT 103

LIQUOR LICENSING ACT 1997 - SECT 103

103—Restriction on consumption of liquor in, and taking liquor from, licensed premises

        (1)         Subject to this Division, if at a particular time a licensee is not entitled under the licence to sell liquor to a particular person, that person is not then entitled—

            (a)         to purchase or consume liquor on the licensed premises; or

            (b)         to be in possession of liquor on the licensed premises; or

            (c)         to take liquor from the licensed premises,

and a person who does so is guilty of an offence.

Maximum penalty: $2 500.

Expiation fee: $210.

        (2)         A person who is on licensed premises for the purpose of purchasing or consuming liquor contrary to subsection (1)(a) is guilty of an offence.

        (3)         In any proceedings for an offence against subsection (2) in which it is proved that the defendant was on licensed premises when not entitled to purchase or consume liquor, it will be presumed, in the absence of proof to the contrary, that the person was there for the purpose of purchasing or consuming liquor in contravention of subsection (1)(a).

        (4)         A licensee who permits a person to act in contravention of this section is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$10 000;

            (b)         for a second or subsequent offence—$20 000.

Expiation fee: $1 200.

        (5)         No offence is committed by a person under this section—

            (a)         because the person, within 15 minutes of the conclusion of the relevant authorised trading hours—

                  (i)         consumes; or

                  (ii)         has possession of,

liquor lawfully sold by the licensee for consumption on the licensed premises; or

            (b)         because the person, within 30 minutes of the conclusion of the relevant authorised trading hours—

                  (i)         has possession of; or

                  (ii)         takes from licensed premises,

liquor lawfully sold by the licensee for consumption off the licensed premises.

        (6)         No offence is committed under this section—

            (a)         because of the consumption of liquor on licensed premises

                  (i)         by a resident on licensed premises; or

                  (ii)         by—

                        (A)         a licensee or a member of the licensee's family; or

                        (B)         a responsible person for the licensed premises or a member of a responsible person's family,

who is residing on the licensed premises; or

                  (iii)         by a guest of a person referred to in subparagraph (i) or (ii), if the liquor was supplied in the presence, and at the expense, of that person; or

                  (iv)         by a non-resident licensee; or

                  (v)         by an employee of the licensee; or

            (b)         because of the taking of liquor from licensed premises

                  (i)         by a resident on licensed premises; or

                  (ii)         by—

                        (A)         a licensee or a member of the licensee's family; or

                        (B)         a responsible person for the licensed premises or a member of a responsible person's family,

who is residing on the licensed premises.