LIQUOR LICENSING ACT 1997 - SECT 121
LIQUOR LICENSING ACT 1997 - SECT 121
(1) On the hearing of
a complaint, the Court may, if it is satisfied on the balance of probabilities
that there is proper cause for taking disciplinary action against the person
to whom the complaint relates, by an order or orders do one or more of the
following:
(a) in
the case of a person licensed under this Act—
(i)
impose a condition on the licence (including a condition
that varies the trading hours in respect of the licence fixed or required by
or under this Act); or
(ii)
vary, suspend or revoke a condition of the licence (other
than a condition under section 42);
(b) in
the case of a person licensed or approved under this Act, suspend or revoke
the licence or approval;
(c) in
the case of any person—
(i)
reprimand the person;
(ii)
impose a fine not exceeding $15 000 on the person;
(iii)
disqualify the person from being licensed or approved
under this Act.
(2) The Court
may—
(a)
direct that a disqualification is to apply permanently;
(b)
direct that a suspension or disqualification is to apply—
(i)
for a specified period; or
(ii)
until the fulfilment of stipulated conditions; or
(iii)
until further order;
(c)
direct that an order is to have effect at a specified future time or is to
have effect at a specified future time unless stipulated conditions are
fulfilled;
(d) vary
an order imposing a suspension or disqualification.
(3) If—
(a) a
person has been found guilty of an offence; and
(b) the
circumstances of the offence form, in whole or in part, the subject matter of
the complaint,
the person is not liable to a fine under this section for conduct giving rise
to the offence.
(4) If a licensee is
convicted of a prescribed offence and a complaint is lodged on the ground of
the breach of duty leading to the conviction, the Court must—
(a) take
disciplinary action against the licensee; and
(b) if
the conviction follows a previous conviction for a prescribed offence of a
similar kind or previous disciplinary action for an incident involving the
commission of a prescribed offence of a similar kind—suspend or revoke
the licence unless the licensee shows cause why that action should not be
taken.
(4a) If—
(a) the
Court finds that there is proper cause for taking disciplinary action against
a licensee for an incident involving the commission of an offence against this
Act on licensed premises during the hours between 4 am and 7 am on any day;
and
(b) the
finding follows a conviction of the licensee for such an offence committed
within the previous 2 years or previous disciplinary action for an
incident involving the commission of such an offence within the previous 2
years,
the Court must alter the conditions of the licence so that the licence no
longer authorises trade during the hours between 4 am and 7 am on any day
unless the licensee shows cause why that action should not be taken.
(5) A condition may be
imposed under this section—
(a)
limiting the kinds of liquor that may be sold under the licence;
(b)
limiting the times when liquor, or liquor of a particular kind, may be sold
under the licence;
(c)
limiting in some other way the authority conferred by the licence.
(6) An order imposing
a fine may be registered in the Magistrates Court or the District Court and
enforced as an order of the court in which it is registered.
(7) In this
section—
"prescribed offence" means—
(a) an
offence involving the unlawful sale or supply of liquor to a minor; or
(b) an
offence involving the unlawful sale or supply of liquor to an intoxicated
person; or
(c) an
offence involving trafficking in a controlled drug (within the meaning of the
Controlled Substances Act 1984 ) in respect of events occurring (wholly
or partly) on the licensed premises; or
(d) an
offence of a kind prescribed by the regulations.