South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"adjacent"—places or premises are adjacent if they adjoin (either in a
horizontal or vertical plane) or if they are in close proximity to each other;
"approved crowd controller" means a person approved under Part 4 Division 10A
to act as a crowd controller for licensed premises, but does not include a
person whose approval has been suspended or revoked;
"authorised person", in relation to licensed premises, means—
(a) the
licensee; or
(b) a
responsible person for the licensed premises; or
(c) a
police officer; or
(d) an
approved crowd controller;
"authorised trading hours", in relation to a licence, means the hours during
which the sale, supply or consumption of liquor is authorised by the licence;
"beer" means beer, ale, lager, stout or liquor of any other kind produced by
brewing;
"beneficiary" includes an object of a discretionary trust;
"close associate"—see section 7;
"Commissioner" means the Liquor and Gambling Commissioner;
"council" means a municipal or district council;
"Court" means the Licensing Court of South Australia;
"criminal intelligence" means information relating to actual or suspected
criminal activity (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice criminal investigations, enable the
discovery of the existence or identity of a confidential source of information
relevant to law enforcement or endanger a person's life or physical safety;
"designated dining area" means a part of licensed premises designated by the
licensing authority as a dining area;
"designated reception area" means a part of licensed premises designated by
the licensing authority as a reception area;
"director" of a body corporate means a member of the board or committee of
management of the body corporate;
"direct sales transaction" means a transaction for the sale of liquor in
which—
(a) the
liquor is ordered by the purchaser by mail, telephone, facsimile transmission
or internet or other electronic communication; and
(b) the
liquor is delivered to the purchaser, or a person nominated by the purchaser,
at the residence or place of business of the purchaser, or some place (other
than premises at which the liquor has been stored prior to delivery) nominated
by the purchaser;
"entertainment" means—
(a) a
dance, performance, exhibition or event (including a sporting contest)
calculated to attract and entertain members of the public; or
(b) a
visual display but not if provided by means of a television screen not
exceeding dimensions fixed under the regulations;
"extended trade" in liquor means the sale of liquor—
(a)
between midnight and 5 am on any day; or
(b)
between 8 am and 11 am, or 8 pm and midnight, on a Sunday; or
(c)
between midnight and 2 am on Good Friday or Christmas Day,
(but does not include the sale of liquor to a lodger or to a diner with or
ancillary to a meal);
"extended trading authorisation" means a condition of a licence specifically
authorising extended trade in liquor;
"function" means a gathering of people on any occasion at which liquor is to
be sold, supplied or consumed and for which licensed premises, or a part of
licensed premises, has been booked in advance;
"gross turnover" means the gross proceeds of the sale of liquor under a
licence;
"inspector" means a person authorised by the Commissioner to exercise the
powers of an inspector under this Act;
"Judge" means the Licensing Court Judge or some other Judge with authority to
exercise the jurisdiction of the Court;
"licence" means a licence under this Act;
"licensed person" or "licensee" means a person who holds a licence (including
a temporary or limited licence) under this Act and includes—
(a) if a
licence is held by a trustee—the trust; or
(b) a
person authorised to carry on business under a licence;
"licensed premises" means premises in respect of which a licence is in force
and includes premises for which the licence is currently under suspension;
"licensing authority" means—
(a) in
relation to a matter that is to be decided by the Court under this
Act—the Court;
(b) in
relation to any other matter—the Commissioner;
"Licensing Court Judge" means a District Court Judge designated by
proclamation as the Licensing Court Judge;
"liquor" means a beverage which at 20° Celsius contains more than 1.15
per cent alcohol by volume and includes any substance declared by regulation
to be liquor for the purposes of this Act;
"liquor merchant" means—
(a) a
person who holds a licence under this Act (except a person who holds only a
limited licence); or
(b) a
person who is authorised under the law of another State, or a Territory, of
the Commonwealth to sell liquor;
"live entertainment" means—
(a) a
dance or other similar event at which a person is employed or engaged to play
music (live or pre-recorded); or
(b) a
performance at which the performers, or at least some of them, are present in
person; or
(c) a
performance of a kind declared by regulation to be live entertainment;
"lodger"—see section 5;
"meal" means a genuine meal eaten while seated at a table;
"officer" means—
(a) in
relation to a body corporate—a director of the body corporate;
(b) in
relation to a trust—a trustee;
"packaged liquor" means liquor in sealed containers for consumption off
licensed premises;
"party" includes—
(a) an
intervener or an objector;
(b) in
relation to an application for the transfer of a licence—the transferor;
"premises" includes—
(a)
land;
(b) any
building or structure on land;
(c) a
public conveyance;
(d) a
part of premises;
"public conveyance" means an aeroplane, vessel, bus, train, tram, or other
vehicle used for public transport or available for hire by members of the
public, but does not include a conveyance hired on a self-drive basis if all
passengers (if any) are to be transported free of charge or other
consideration;
"public place" means a place (not being licensed premises) to which the public
has access (whether or not admission is obtained by payment of money);
"reception" includes a convention, conference or similar function—
(a) at
which people gather in substantial numbers for a particular purpose; and
(b) for
which licensed premises, or a part of licensed premises, has been booked in
advance,
(but does not include a function of which the consumption of liquor is the
sole or a predominant purpose);
"records" means—
(a)
books, papers or documents; or
(b)
microfilm records; or
(c) the
contents (in an intelligible form) of records that are kept by computer; or
(d)
records of a kind declared by regulation to be records to which this
definition applies;
"regulated premises" means—
(a)
licensed premises; or
(b) a
restaurant, café or shop; or
(c) an
amusement parlour or amusement arcade; or
(d) a
public place that is being used for the purposes of an organised event, where
admission to the event is gained on payment of money, presentation of a
pre-paid ticket or purchase of some item; or
(e) a
public conveyance; or
(f)
premises of a kind declared by regulation to be regulated premises,
and includes an area appurtenant to any such premises, but does not include
any premises, place or conveyance declared by regulation not to be regulated
premises;
"related body corporate"—bodies corporate are related for the purposes
of this Act if they are related within the meaning of the Corporations
Act 2001 of the Commonwealth;
"responsible person" for licensed premises means a person who is, in
accordance with section 97, responsible for supervising and managing the
business conducted under the licence;
"retail"—a sale is by retail if made to a person who is not a liquor
merchant;
"retail licence" means a licence other than a wholesale liquor merchant's
licence, a producer's licence or a special circumstances licence authorising
the sale of liquor by wholesale;
"sell" includes—
(a) to
barter or exchange;
(b) to
offer or expose for sale, barter or exchange;
(c) to
supply, or offer to supply, in circumstances in which the supplier derives, or
would derive, a direct or indirect pecuniary benefit;
(d) to
supply, or offer to supply, gratuitously but with a view to gaining or
maintaining custom, or otherwise with a view to commercial gain;
"spirits" means liquor of any kind produced wholly or in part by distillation;
"trust"—a trust is considered for the purposes of this Act as a single
entity consisting of the trustees and the beneficiaries;
"trust or corporate entity" means a trust or a body corporate;
"unlicensed person" means a person who does not hold a licence under this Act;
"unlicensed premises" means premises in respect of which a licence is not in
force under this Act (but if a licence for the premises is under suspension,
the premises are not to be regarded as unlicensed premises for the period of
the suspension);
"wholesale"—a sale is by wholesale if made to a liquor merchant;
"wine" includes mead, cider, perry and any other fermented liquor produced
from fruit, vegetables, berries or honey but does not include a product
produced by blending wine with other beverages.