LIQUOR CONTROL ACT 1988 - SECT 52

LIQUOR CONTROL ACT 1988 - SECT 52

52 .         Liquor sold or consumed with meals, effect of extended trading permit which authorises; evidentiary provisions

        (1)         For the purposes of this Act, where an extended trading permit issued in relation to any class of licence authorises the sale or consumption of liquor ancillary to a meal in an area which would not otherwise be comprised in the licensed premises that area shall, at times when the sale or consumption of liquor ancillary to a meal supplied on the licensed premises is authorised, be deemed to be comprised within the licensed premises unless the permit otherwise provides.

        (2)         For the purposes of any proceedings under this Act, an allegation in the complaint or charge that liquor purporting to be sold for consumption, or consumed, ancillary to a meal was not so sold or consumed shall be accepted as proved unless the licensee or the person by whom the liquor was consumed, as the case may be, establishes beyond reasonable doubt —

            (a)         that a meal was supplied which was substantial, and was eaten or genuinely intended to be eaten by the persons to whom the liquor was sold or by whom the liquor was consumed; and

            (b)         that the meal was served to, or was eaten by, persons seated at a dining table; and

            (c)         that the primary and predominant purpose of persons entering the licensed premises was to obtain a genuine meal; and

            (d)         that the supply of liquor, whether before, during or after the meal, was subordinate and incidental to the service of a genuine meal.

        [Section 52 amended: No. 84 of 2004 s. 80.]