LIQUOR CONTROL REFORM ACT 1998 - SECT 86E Automatic suspension of licence or permit if certain number of demerit points incurred
LIQUOR CONTROL REFORM ACT 1998 - SECT 86E
Automatic suspension of licence or permit if certain number of demerit points incurred(1) The Commission must suspend a licence or permit—
(a) in the case of a licence or permit that has accrued 5 demerit points in a 3 year period, for 24 hours, commencing during ordinary trading hours;
(b) in the case of a licence or permit that has accrued 10 demerit points in a 3 year period, for 7 days, commencing during ordinary trading hours;
(c) in the case of a licence or permit that has accrued 15 demerit points in a 3 year period, for 28 days, commencing during ordinary trading hours.
(2) For the purposes of subsection (1), the 3 year period commences on the date that the first demerit point is recorded on the Register.
(3) For the purposes of subsection (1), a suspension must not commence on a day which is not during the authorised trading hours of the licence.
S. 86E(4) amended by No. 20/2018 s. 12.
(4) If the Commission suspends a licence or permit under subsection (1)(c), the Commission must, when calculating demerit points recorded against the licence or permit at any time after the period of suspension, disregard all demerit points recorded against the licence or permit as at the date of suspension other than any demerit point reinstated in accordance with section 86IA.
(5) A suspension under this section must commence—
(a) on the same day of the week as the day that the alleged offence that is the basis of the non-compliance incident occurred that resulted in the latest demerit point being recorded; or
Example
If an offence that results in a licence's 5th demerit point being recorded occurs on a Friday, the 24 hour suspension must commence on a subsequent Friday.
(b) if the alleged offence that is the basis of the non-compliance incident that resulted in the latest demerit point being recorded occurred between 12.01am and 7.00am, on the same day of the week as the previous day of the week that the incident occurred; or
Example
If an offence that results in a licence's 5th demerit point being recorded occurs at 12.01am on a Sunday, the 24 hour suspension must commence on a subsequent Saturday.
(c) if the alleged offence that is the basis of the non-compliance incident that resulted in the latest demerit point being recorded occurred on a day that was not ordinarily part of the licensee's authorised trading hours, on the next day that falls within the licensee's authorised trading hours.
S. 86F inserted by No. 71/2011 s. 18.