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LIQUOR CONTROL ACT 1988 - SECT 110

LIQUOR CONTROL ACT 1988 - SECT 110

110 .         Licensed premises and sports arenas, offences as to

        (1)         Where the licensee of licensed premises, or a person employed or engaged to perform any function in the business conducted under the licence or at the licensed premises —

            (a)         sells liquor on or from the premises otherwise than as, and at the place, authorised under this Act; or

            (aa)         acts in any way that contravenes this Act or any term or condition of the licence or permit; or

            (b)         takes, or knowingly permits any other person to take, any liquor from the premises for the purpose of its being sold on account of, or for the profit or benefit of, the licensee with intent to evade the terms or conditions of any relevant licence, permit or certificate; or

            (c)         has on the premises without reasonable excuse any kind of liquor the sale of which the licence or permit does not authorise there,

                that person commits an offence.

        Penalty:

            (a)         for the licensee or a manager, a fine of $10 000;

            (b)         for an employee or agent, a fine of $4 000;

            (c)         for anyone else, a fine of $2 000.

        (2)         Where the licensee of any premises permits, whether personally or by an employee or agent, liquor sold there to be consumed by persons —

            (a)         to whom the licensee is not authorised by the licence to sell the liquor for consumption there; or

            (b)         for whose consumption there the licensee is not authorised by the licence to sell the liquor to any other person; or

            (c)         during permitted hours, but in circumstances not otherwise authorised,

                without reasonable excuse, the licensee, and the employee or agent concerned, commits an offence.

        Penalty:

            (a)         for the licensee or a manager, a fine of $10 000;

            (b)         for an employee or agent, a fine of $4 000.

        (3)         Where a person takes, or is permitted by the licensee or an employee or agent of the licensee to take, liquor from licensed premises or premises deemed to be licensed premises, if the licensee is not authorised by the licence to sell that liquor to that person for consumption off those premises, the person, and the licensee, employee or agent concerned, commits an offence.

        Penalty:

            (a)         for the licensee or a manager, a fine of $10 000;

            (b)         for an employee or agent, a fine of $4 000;

            (c)         for anyone else, a fine of $2 000.

        (4AA)         Subsection (3) does not apply if —

            (a)         a person takes liquor from premises to adjacent premises; and

            (b)         both premises are licensed, or deemed to be licensed, in the name of the licensee.

        (4A)         A person attending a public event at a sports arena commits an offence if, without the consent of the licensee, the person —

            (a)         brings into the sports arena; or

            (b)         attempts to bring into the sports arena; or

            (c)         has in his or her possession or control; or

            (d)         consumes,

                any liquor that was not purchased in the sports arena while it was open for the purpose of holding or conducting that public event.

        Penalty: a fine of $2 000.

        (4B)         In subsection (4A) —

        public event means —

            (a)         any event, including any game or sport, that is held or conducted for public exhibition; or

            (b)         any —

                  (i)         training session, practice or rehearsal; or

                  (ii)         promotional or advertising event, press conference, preview or similar activity,

                that is held or conducted for purposes other than public exhibition but which is open to the public;

        sports arena means a sports arena, ground or stadium —

            (a)         all or part of which is licensed premises; and

            (b)         that is prescribed for the purposes of this definition.

        (4)         A person who obtains or attempts to obtain liquor from a licensee or the employee or agent of a licensee otherwise than in a manner or quantity authorised under this Act commits an offence.

        (5)         A person who is on any premises for the purpose of purchasing or consuming liquor in contravention of subsection (2) or (4) commits an offence.

        Penalty: a fine of $2 000.

        (6)         Where a licence authorises —

            (a)         the sale of liquor for consumption on the licensed premises ancillary to a meal provided by the licensee; or

            (b)         the consumption of liquor on the licensed premises ancillary to a meal provided by the licensee,

                then, notwithstanding any other provision of this Act, it is lawful for a person —

            (c)         to bring liquor onto the licensed premises, with the consent of the licensee, intending to consume it ancillary to a meal provided by the licensee on the licensed premises; and

            (d)         subsequently to take the unconsumed portion of the liquor from the licensed premises.

        (6A)         If, under a licence, wine is sold to a person (the purchaser ) for consumption on the licensed premises ancillary to a meal provided by the licensee, then, despite any other provision of this Act, it is lawful for the purchaser subsequently to take from the licensed premises any opened container of the wine if its contents have been partially consumed.

        (7)         A licensee, or the employee or agent of a licensee, who —

            (a)         is drunk on the licensed premises; or

            (b)         sells or supplies, or causes or permits to be sold or supplied, or keeps on the licensed premises, any liquor under a false or fictitious trade name, brand or description,

                commits an offence.

        Penalty: a fine of $10 000.

        [Section 110 amended: No. 12 of 1998 s. 76; No. 73 of 2006 s. 77 and 110; No. 56 of 2010 s. 53 and 69; No. 35 of 2015 s. 17; No. 9 of 2018 s. 54.]