LIQUOR CONTROL ACT 1988 - SECT 117
LIQUOR CONTROL ACT 1988 - SECT 117
117 . Noise or behaviour related to licensed premises, complaints about
(1) A complaint in
writing may be lodged with the Director alleging —
(a) that
the amenity, quiet or good order of the neighbourhood of the licensed premises
is frequently unduly disturbed by reason of any activity occurring at the
licensed premises; or
(b) that
any —
(i)
behaviour of persons on the licensed premises; or
(ii)
noise emanating from the licensed premises; or
(iii)
disorderly conduct occurring frequently in the vicinity
of the licensed premises on the part of persons who have resorted to the
licensed premises,
is unduly offensive,
annoying, disturbing or inconvenient to persons who reside or work in the
vicinity, or to persons in or making their way to or from a place of public
worship, hospital or school.
(2) A complaint under
subsection (1) may be lodged by —
(a) the
Commissioner of Police; or
(b) the
local government of the district in which the licensed premises are situated,
or of any other district adjacent to the licensed premises and appearing to
the Director to have an interest in the amenity, quiet or good order of the
neighbourhood of the licensed premises; or
(c) a
government agency or statutory authority; or
(d) a
person claiming to be adversely affected by the subject matter of that
complaint who —
(i)
resides, works or worships; or
(ii)
attends, or is a parent of a child who attends, a school;
or
(iii)
attends, or is a patient in, a hospital,
in the vicinity of the
licensed premises concerned.
(2a) If a complaint is
lodged by a person referred to in subsection (2)(d), the complaint is to be
signed, unless the Director otherwise approves, by 3 unrelated adults
(including the complainant).
(2b) In subsection
(2a) —
3 unrelated adults means 3 adults each of whom
—
(a)
resides at different residential premises; and
(b) is
not —
(i)
a child; or
(ii)
a parent; or
(iii)
a brother or sister; or
(iv)
an aunt or uncle; or
(v)
a spouse or former spouse; or
(vi)
a de facto partner or former de facto partner,
of either of the other
2 adults.
(3) The Director shall
give notice of each complaint lodged to the licensee of the licensed premises
with respect to which the complaint is made.
(3a) When a complaint
is lodged with the Director under subsection (1), the Director is to attempt
to settle the matter by conciliation or negotiation.
(3b) If the Director
determines at any stage of the proceedings under this section that the
complaint is frivolous or vexatious, the Director is to dismiss the complaint.
(4) If the matter
referred to in a complaint is not settled by conciliation or negotiation, the
Director is to give the complainant, the licensee and any other person
appearing to the Director to have a relevant interest in the matter a
reasonable opportunity to be heard or to make submissions.
(4a) Having complied
with subsection (4), the Director —
(a)
subject to subsection (4c), may determine the matter; and
(b) if
of the opinion that the allegation in the complaint is established on the
balance of probabilities and that the licensee has failed to show cause why an
order should not be made under this section — may make an order under
this section,
but otherwise the
Director is to dismiss the complaint.
(4b) Without limiting
the matters that the Director may have regard to when making a determination
under subsection (4a), the Director may have regard to —
(a) any
alteration, including any structural change, made —
(i)
to the licensed premises; or
(ii)
if the complainant is a person referred to in subsection
(2)(d) — to any relevant premises where the complainant (or, if
subsection (2)(d)(ii) applies, the complainant’s child) resides, works,
worships, attends or is a patient;
and
(b) any
changes that have taken place over time to the activities that take place on
the licensed premises; and
(c) the
kind of business conducted under the licence and how that business is managed;
and
(d) if
the complainant is a person referred to in subsection (2)(d) — whether
the complainant (or, if subsection (2)(d)(ii) applies, the complainant’s
child) began to reside, work, worship, attend or be a patient at any relevant
premises before or after the licensee began to conduct business at the
licensed premises; and
(e) any
provision of the Environmental Protection Act 1986 , or of any regulations
made under that Act, that is relevant to the subject matter of the complaint.
(4c) The Director
—
(a) may
defer making a determination under subsection (4a) for any period the Director
considers appropriate; and
(b) may
make an interim order that has effect for that period for any purpose for
which an order may be made under subsection (5).
(5) For the purposes
of this section, whether pursuant to conciliation or negotiation or by way of
an order, the Director may —
(a) vary
the existing conditions of the licence; or
(b)
redefine, or redesignate a part of, the licensed premises; or
(c)
prohibit the licensee from providing entertainment or any other activity of a
kind specified by the Director during a period specified by the Director or
otherwise than in circumstances specified by the Director, and impose that
prohibition as a condition to which the licence is to be subject; or
(d)
otherwise deal with the matter in such a manner as is likely, in the opinion
of the Director, to resolve the subject matter of the complaint.
(6) Where, under
section 25, a determination made by the Director under this section is to be
reviewed by the Commission —
(a)
effect shall be given to any determination made by the Director; and
(b) any
order made, or other action taken, by the Director under subsection (5)
remains in force until revoked by the Director or quashed by the Commission,
unless the Commission,
by way of interim order, otherwise directs.
(7) A licensee who
contravenes an order made under this section commits an offence.
Penalty: a fine of $10 000.
[Section 117 amended: No. 14 of 1996 s. 4; No. 12
of 1998 s. 82; No. 73 of 2006 s. 85, 106 and 110; No. 56 of 2010 s. 69.]