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).