South Australian Consolidated Acts

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LIQUOR LICENSING ACT 1997 - SECT 32

32—Hotel licence

        (1)         A hotel licence authorises the licensee—

            (a)         to sell liquor on the licensed premises for consumption on or off the licensed premises on any day (except Sunday, Good Friday and Christmas Day) between 5 am and midnight; and

            (b)         to sell liquor on the licensed premises for consumption on or off the licensed premises on a Sunday (not being Christmas Day) between 11 am and 8 pm or if the Sunday is New Year's Eve, between 11 am and midnight; and

            (c)         to sell liquor on the licensed premises for consumption on or off the licensed premises on Christmas Day between 9 am and 11 am; and

            (d)         to sell liquor on the licensed premises for consumption on or off the licensed premises on New Year's Day between the hours of midnight and 2 am (in addition to the hours authorised under paragraph (a) or (b)); and

            (e)         to sell liquor at any time on the licensed premises to a lodger for consumption on or off the licensed premises; and

            (f)         to sell liquor at any time in a designated dining area to a diner for consumption in that area with or ancillary to a meal provided by the licensee in that area; and

            (g)         to sell liquor at any time in a designated reception area to a person attending a reception for consumption in that area; and

            (h)         if an extended trading authorisation is in force—

                  (i)         to sell liquor for consumption on the licensed premises in accordance with the authorisation; and

                  (ii)         subject to any conditions of the authorisation excluding or limiting the authority conferred by this subparagraph—to sell liquor on a Sunday (not being Christmas Day) for consumption off the licensed premises between 8 am and 11 am and between 8 pm and 9 pm; and

                  (i)         to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is despatched and delivered only during trading hours fixed by or under a preceding paragraph for the sale of liquor for consumption off the licensed premises).

        (2)         A hotel licence is subject to the following conditions:

            (a)         a condition requiring the licensee to keep the licensed premises open to the public for the sale of liquor on every day (except Good Friday, Christmas Day or Sunday) between 11 am and 8 pm;

            (b)         a condition requiring the licensee to provide a meal, at the request of a member of the public, between noon and 2 pm, and between 6 pm and 8 pm, on any day on which the licensed premises are open to the public for the sale of liquor.

        (3)         However—

            (a)         the licensing authority may exempt a licensee from the obligation to keep the licensed premises open for the sale of liquor to an extent the authority considers appropriate in the circumstances of a particular case; and

            (b)         a licensee is not required by a condition under this section to provide a meal for a person if—

                  (i)         the person appears to be intoxicated; or

                  (ii)         the licensee has reasonable grounds to believe that the person cannot or will not pay for the meal; or

                  (iii)         the licensee cannot comply with the request because of prior obligations to provide meals for others; or

                  (iv)         there is some other proper reason for not complying with the request; and

            (c)         the licensing authority may exempt a licensee from the obligation to provide meals wholly or to a specified extent.



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