Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
iquor Licensing Amendment Bill (No. 2) 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 41 amended 2
6. Section 108 amended 2
7. Section 115 amended 3
page i
70--1B
Western Australia
LEGISLATIVE ASSEMBLY
Liquor Licensing Amendment Bill (No. 2) 2001
A Bill for
An Act to amend sections 41, 108 and 115 of the Liquor Licensing
Act 1988.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Liquor Licensing Amendment
Act (No. 2) 2001.
page 1
Liquor Licensing Amendment Bill (No. 2) 2001
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Liquor Licensing Act
1988*.
[* Reprinted as at 23 February 2001.]
4. Section 3 amended
Section 3(1) is amended in the definition of "authorised person"
10 by inserting after "employee" in paragraph (c) --
"
(whether on a contract of service or a contract for
services)
".
15 5. Section 41 amended
Section 41(5)(a) is amended by deleting "receive" and inserting
instead --
" admit ".
6. Section 108 amended
20 (1) Section 108(2)(a)(i) is amended by deleting "receive a person
on" and inserting instead --
" admit a person to ".
page 2
Liquor Licensing Amendment Bill (No. 2) 2001
s. 7
(2) Section 108(3) is repealed and the following subsection is
inserted instead --
"
(3) A licensee has reasonable cause to refuse to admit a
5 person to licensed premises, or to sell liquor there to
a person, if the person is a person who under
section 115(4) may be refused admission to or asked to
leave the licensed premises.
".
10 7. Section 115 amended
(1) Section 115(4) is repealed and the following subsection is
inserted instead --
"
(4) An authorised person --
15 (a) may refuse to admit a person to licensed
premises or a part of them; or
(b) may ask a person to leave, and if the request is
not obeyed may remove the person from,
licensed premises or a part of them,
20 if the person --
(c) is a drunken person;
(d) is behaving in an offensive manner;
(e) is not dressed in conformity with the licensee's
requirements for a standard of dress, being
25 requirements --
(i) that were at the relevant time reasonable
in the circumstances; and
(ii) notice of which had been conspicuously
displayed at each entrance to any part of
30 the premises where the requirements
were to be obeyed;
page 3
Liquor Licensing Amendment Bill (No. 2) 2001
s. 7
(f) is a person whom the authorised person has
reasonable cause to believe --
(i) can not or will not pay;
(ii) is, or is known to be, quarrelsome or
5 disorderly; or
(iii) is seeking to obtain liquor by begging;
(g) is, or is known to be, or is an associate of, a
reputed thief, prostitute, supplier of unlawful
drugs, or person convicted of an offence
10 involving unlawful drugs or violence which is
punishable by a term of imprisonment
exceeding 3 years;
(h) is or appears to be a person whose presence, or
to whom the provision of service, on the
15 licensed premises will occasion the licensee to
commit an offence under this Act;
(i) seeks to enter or enters or remains in the
premises at a time when they are closed or are
required under this Act to be closed; or
20 (j) requests service on a part of the premises --
(i) where the licensee is not authorised to
provide the service requested; or
(ii) set aside for the purposes of a private
function.
25 ".
(2) Section 115(5) is amended as follows:
(a) by deleting "or" after paragraph (a);
(b) by deleting paragraph (b) and inserting instead --
"
30 (b) without lawful excuse, the burden of proof of
which lies on that person, enters licensed
premises at a time when they are closed or are
required under this Act to be closed; or
page 4
Liquor Licensing Amendment Bill (No. 2) 2001
s. 7
(c) having been asked to leave under subsection
(4), does not do so,
".
(3) Section 115(6) is repealed.
5 (4) Section 115(7) is amended by deleting "using such force as may
be necessary".
(5) After section 115(9) the following subsection is inserted --
"
(10) This section does not limit any other right to refuse a
10 person admission to premises or to remove a person
from premises.
".
page 5
[Index] [Search] [Download] [Related Items] [Help]