LIQUOR CONTROL ACT 1988 - SECT 100
LIQUOR CONTROL ACT 1988 - SECT 100
100 . Licensee’s duties
(1) The conduct of
business under a licence is always the responsibility of the licensee and
shall be personally supervised and managed by a natural person, in accordance
with this section.
(2) The licensee shall
ensure that the conduct of business at the licensed premises is personally
supervised and managed —
(a) by
the licensee, if there is only one licensee and that licensee is a natural
person; or
(b) by a
person who is —
(i)
unless subparagraph (ii) applies — an approved
unrestricted manager; or
(ii)
in the case of a club licence, club restricted licence or
occasional licence that is not subject to a condition imposed under
section 48(5A) or 59(6A) — an approved unrestricted manager or an
approved restricted manager;
or
(c) a
person appointed in accordance with subsection (3) to act as a temporary
manager of the premises.
Penalty: a fine of $10 000.
(2a) Without limiting
subsection (2), the licensee is to ensure, unless the Director otherwise
approves, that there is present at the licensed premises at any time when
business is conducted at the premises —
(a) a
person who is —
(i)
unless subparagraph (ii) applies — an approved
unrestricted manager; or
(ii)
in the case of a club licence, club restricted licence or
occasional licence that is not subject to a condition imposed under
section 48(5A) or 59(6A) — an approved unrestricted manager or an
approved restricted manager;
or
(b) a
person appointed in accordance with subsection (3) to act as a temporary
manager of the premises.
Penalty: a fine of $10 000.
(2b) Subsection (2a)
does not apply in relation to the conduct of business at licensed premises at
a particular time if —
(a)
there is only one licensee and that licensee is a natural person; and
(b) the
licensee is present at those premises at that time.
(3) Subject to any
condition imposed under subsection (4), a licensee, an approved unrestricted
manager or an approved restricted manager may appoint a person to act as a
temporary manager of licensed premises for a particular period if —
(a)
unless the Director otherwise approves, at the end of that period the premises
will not have been supervised and managed by a temporary manager —
(i)
for more than 7 consecutive days; nor
(ii)
for more than 7 days in any 28 day period;
and
(b) the
person appointed has not, at any time, been found to be not a fit and proper
person to manage licensed premises.
(4) Without limiting
section 64, the Director may impose a condition on a licence prohibiting the
appointment of a person under subsection (3) unless the Director has approved
the appointment.
(5) A person shall not
supervise or manage the conduct of business at licensed premises other than in
accordance with this section.
Penalty: a fine of $10 000.
[(6) deleted]
(7) A manager of
licensed premises, in relation to those premises and the conduct of business
at those premises, may deal and be dealt with, and under section 101 may be
liable, as though that person were also a licensee of those premises.
(8) A licensee shall
ensure that the conduct of business at the licensed premises is supervised and
managed in accordance with this section.
Penalty: a fine of $10 000.
(9) Nothing in this
section diminishes the liability of the actual holder of the licence or
permit.
[Section 100 inserted: No. 12 of 1998 s. 71;
amended: No. 73 of 2006 s. 69 and 110; No. 56 of 2010 s. 15 and 69; No. 9 of
2018 s. 52.]