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LIQUOR LICENSING ACT 1997 - SECT 108

LIQUOR LICENSING ACT 1997 - SECT 108

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

        (1)         If liquor is sold or supplied on licensed premises to an intoxicated person, each of the following persons is guilty of an offence:

            (a)         the licensee;

            (b)         if the licence in respect of the licensed premises is held by a trust or corporate entity, each person occupying a position of authority in the trust or corporate entity;

            (c)         the responsible person for the licensed premises;

            (d)         the person by whom the liquor is sold or supplied.

Maximum penalty:

            (a)         for a first offence—$20 000;

            (b)         for a second or subsequent offence—$40 000.

Expiation fee: $1 200.

        (1a)         In any proceedings for an offence against subsection (1) where it is alleged that a person was sold or supplied liquor on particular licensed premises, the allegation constitutes proof that the sale or supply occurred on the licensed premises in the absence of proof to the contrary.

        (2)         It is a defence to a charge of an offence against subsection (1) for the defendant to prove—

            (a)         if the defendant is the person by whom the liquor was sold or supplied, that the defendant—

                  (i)         believed on reasonable grounds that the person to whom it was sold or supplied was not intoxicated; and

                  (ii)         took reasonable steps to comply with the provisions of the Commissioner's codes of practice relating to the responsible service of alcohol designated by the Commissioner as mandatory provisions for the purposes of this subparagraph; or

            (b)         if the defendant is—

                  (i)         the licensee; or

                  (ii)         a person occupying a position of authority in a trust or corporate entity (in the case of a licensee that is a trust or corporate entity); or

                  (iii)         the responsible person for the licensed premises,

and did not personally sell or supply the liquor—that the defendant—

                  (iv)         exercised proper care to prevent the sale or supply of liquor in contravention of subsection (1); and

                  (v)         has reasonable processes in place for ensuring that persons by whom liquor is sold or supplied on the licensed premises comply with the provisions of the Commissioner's codes of practice relating to the responsible service of alcohol designated by the Commissioner as mandatory provisions for the purposes of paragraph (a)(ii).