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LIQUOR CONTROL ACT 1988 - SECT 48

LIQUOR CONTROL ACT 1988 - SECT 48

48 .         Club licence, kinds, conditions and effect of

        (1)         For the purposes of this Act a club licence —

            (a)         which is expressed to be granted as a club restricted licence; or

            (b)         which is subject to conditions prohibiting the sale of liquor for consumption off the premises, or the removal of liquor from the premises, unless subsection (9) applies,

                shall be referred to as a club restricted licence.

        (2)         Subject to this Act a club licence authorises the sale, during permitted hours, of liquor —

            (a)         to a member and to the guests of that member in the company of that member —

                  (i)         for consumption on the licensed premises, subject to subsection (4)(b); or

                  (ii)         ancillary to a meal supplied at the club by or on behalf of the club to a member and to each of the guests of that member (without limitation as to number), being guests of whose attendance prior notice was given to the club in accordance with the rules of the club;

                or

            (b)         to a member, for consumption by the guests of that member (without limitation as to number) at a function held by or on behalf of that member at the club if in accordance with the rules of the club; or

            (c)         to a member, if —

                  (i)         the licence is not a club restricted licence; or

                  (ii)         subsection (9) applies,

                and the liquor is packaged liquor, subject to subsections (3) and (4)(c),

                if the rules of the club are not thereby contravened.

        (2A)         Subject to this Act, a club licence authorises the sale, during permitted hours, of liquor to a visitor for consumption on the licensed premises if the sale does not contravene the rules of the club.

        (2B)         In subsection (2A) —

        visitor means a person, other than a member, a guest of a member or a person referred to in subsection (5), who —

            (a)         is at least 40 km or, if a greater distance is prescribed for the purposes of this paragraph, at least that distance from their usual place of residence; and

            (b)         is visiting the club while travelling in the course of a holiday or travelling for leisure or business; and

            (c)         is required, at the time of their visit, to pay a fee to the club for the use of its facilities.

        (3)         At a time when a sale of packaged liquor to a member who was not a lodger would not be within permitted hours or at a time authorised by the licence, any authority conferred by a club licence to sell packaged liquor to a member who is a lodger extends only to such quantities as might reasonably be consumed by the lodger on that day.

        (4)         Every club licence is subject to the conditions that —

            (a)         unless an extended trading permit otherwise authorises, the club has —

                  (i)         where a club restricted licence applies — a right to occupy the licensed premises to the exclusion of others during the times when the sale of liquor is authorised by the licence; and

                  (ii)         in any other case — exclusive right to occupy the licensed premises;

                and

            (b)         the authority to sell liquor for consumption by the guests of a member, otherwise than ancillary to a meal or at a function under subsection (2)(b), extends only to such persons, not exceeding 5 or such lesser number as may be permitted by the rules of the club, as are introduced as the guests of that member on that day; and

            (c)         packaged liquor be not removed —

                  (i)         from premises to which a club restricted licence applies, unless subsection (9) applies; or

                  (ii)         in any other case, from the premises except by or on the instructions of the member to whom it was sold;

                and

            (d)         as soon as is practicable after the making of any proposal for a change in the appointment of a person as trustee to hold the licence for the club, the Secretary of the club shall provide to the Director certified particulars of the change proposed, and that effect is not given to the change without the prior approval of the Director; and

            (e)         an up to date register of members, in respect of each class of membership, be continually available for inspection at the club premises; and

            (ea)         an up-to-date register of visitors (as defined in subsection (2B)) be continually available for inspection at the club premises; and

            (f)         the club ensures that its rules are not contravened.

        (5A)         Without limiting section 64, the Director may impose a condition on a club licence or club restricted licence requiring that any manager of the licensed premises (other than a person appointed under section 100(3)) be an approved unrestricted manager.

        (5)         Subject to subsection (6), a person who is on any day visiting a club (the host club ) as a member or an official of another club or a team, or a person assisting a member or an official of another club or a team —

            (a)         that is to engage in a pre-arranged event with the host club conducted for the purposes of one of the host club’s principal objects; or

            (b)         that is to hold a pre-arranged function at the host club involving the use of the host club’s sporting facilities,

                may, for the purposes of this Act, be taken to be a person who is accorded temporary membership of the host club on that day, in accordance with the rules of the club.

        (6)         Where the Director is satisfied that the circumstances so require the Director may impose a condition on the licence requiring a club specifically to seek the approval of the Director before admitting persons to temporary membership.

        (7)         Where in relation to the sale of liquor a club permits any contravention of its rules, a complaint may be lodged under section 95 on the ground that the licensed premises are not properly managed in accordance with this Act.

        [(8)         deleted]

        (9)         Where the Director is satisfied that the members of a club which holds a club restricted licence cannot, without great inconvenience, obtain supplies of packaged liquor from a supplier other than the club —

            (a)         the Director may, by endorsement on that licence and subject to such conditions as may be imposed, authorise the sale of packaged liquor to members of the club; and

            (b)         effect shall be given to the endorsement as a variation of the terms of the licence fixed by this Act.

        [Section 48 amended: No. 12 of 1998 s. 31; No. 73 of 2006 s. 38; No. 56 of 2010 s. 11; No. 9 of 2018 s. 25.]