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.]