LIQUOR CONTROL ACT 1988 - SECT 111

LIQUOR CONTROL ACT 1988 - SECT 111

111 .         Trading outside permitted hours, offences as to

        (1)         Where a licensee, except during permitted hours —

            (a)         on or from licensed premises sells or otherwise makes available, whether personally or by an employee or agent, any liquor to any other person, whether consumed or to be consumed on or off the premises; or

            (b)         whether personally or by an employee or agent, permits liquor to be consumed on the licensed premises,

                that licensee, and the employee or agent concerned, commits an offence, unless section 112 applies.

        Penalty:

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

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

        (2)         Subject to this Division, where at a particular time a licensee is not authorised to sell liquor to a particular person if that person then —

            (a)         purchases or consumes liquor, or is in possession of liquor, on the licensed premises; or

            (b)         takes liquor from the licensed premises,

                that person commits an offence.

        Penalty: a fine of $2 000.

        (2a)         To avoid doubt, an act referred to in this section constitutes an offence if done while a licence is suspended.

        (3)         For the purposes of this Act, evidence that a person was on licensed premises or took liquor from licensed premises at a time when the licensee was not authorised to sell liquor to that person shall, in any proceedings relating to an offence under this Act, be evidence that the person was there for the purpose of purchasing or consuming liquor without proof of actual purchase or consumption and the burden of proving that this section was not contravened shall be upon that person.

        [Section 111 amended: No. 12 of 1998 s. 77; No. 73 of 2006 s. 110; No. 56 of 2010 s. 54 and 69.]