LIQUOR LICENSING ACT 1997 - SECT 97

LIQUOR LICENSING ACT 1997 - SECT 97

97—Supervision and management of licensee's business

        (1)         The business conducted under a licence—

            (a)         must, at all times when the licensed premises are open to the public, be personally supervised and managed by a natural person (a "responsible person") who is—

                  (i)         the licensee or a director of the licensee and qualified for the purpose in accordance with subsection (1a); or

                  (ii)         a person approved by the licensing authority as a responsible person for the purposes of this section; or

            (b)         must be supervised and managed in accordance with arrangements approved by the licensing authority under subsection (2).

        (1a)         The licensee or a director of the licensee is qualified for supervising and managing the business conducted under a licence if—

            (a)         the licensee has satisfied the licensing authority that the licensee or the director (as the case may be) is a fit and proper person for the purpose; or

            (b)         the licence has been made subject to a condition that the licensee or the director (as the case may be) undertake specified accredited training within a specified time and the specified time has not elapsed or the condition has been satisfied.

        (2)         If the licensing authority is satisfied on the application of the licensee that, in view of the limited scope of a business conducted under a licence, an exemption from the requirements of subsection (1)(a) may be granted without compromising the principle of responsible service and consumption of liquor, the licensing authority may approve alternative arrangements for the supervision and management of the business.

        (4)         If at any time the business conducted under a licence is not supervised and managed as required under subsection (1), the licensee is guilty of an offence.

Maximum penalty: $20 000.

Expiation fee: $1 200.

        (5)         A responsible person for licensed premises must, while acting as such on the licensed premises, wear identification in a form and manner approved by the Commissioner.

Maximum penalty: $1 250.

Expiation fee: $160.