LIQUOR CONTROL ACT 1988 - SECT 59
LIQUOR CONTROL ACT 1988 - SECT 59
59 . Occasional licence, effect, conditions and pre-requisites for grant of
(1) An occasional
licence authorises the licensee to sell, or the supply or consumption of,
liquor —
(a) at
such times, and on such occasion or during such period not exceeding 3 weeks,
as may be specified; and
(b) at
such places, and within such designated area, as may be specified; and
(c)
subject to such terms or conditions as may be specified.
(2) An occasional
licence shall not be granted —
(a) if,
in the opinion of the Director —
(i)
the place in which the sale, supply or consumption of
liquor would be authorised by the licence may not lawfully be used for that
purpose; or
(ii)
where the applicant holds another licence, the issue of
an extended trading permit issued relating to, or the variation or
cancellation of a term or condition of, that licence would be a more
appropriate means of achieving the purpose for which the occasional licence is
sought; or
(iii)
sufficient facilities and expertise to enable the licence
to be operated in a proper manner may not be provided; or
(iv)
adequate measures to ensure that trading is not conducted
in a manner detrimental to the public interest may not be taken; or
(v)
the grant of a further occasional licence would tend to
establish an undesirable pattern, where the application is made in respect of
a function organised by a particular person or body of persons, or on behalf
of a particular cause, to whom or which or on behalf of which previous
occasional licences have been granted;
or
(b)
unless the applicant, if so required, satisfies the Director —
(i)
where the licence is sought in respect of a function
organised by a person other than the applicant, that the consent of the
organiser to the proposed sale of liquor has been obtained; and
(ii)
that the consent of the occupier, or of the person or
authority having control, of the premises where the sale, supply or
consumption of liquor will take place has been obtained.
(3) Where an
application is made under this section, a licensee who desires to participate
in any arrangement whereby the benefit arising from the holding of the licence
accrues to any other person shall inform the Director who may then authorise
an arrangement under which the licensee is to pay to that person —
(a) a
proportion of the gross receipts obtained by the licensee from the sale of
liquor under the occasional licence; or
(b) a
proportion of an inclusive charge paid to the licensee or some other person in
respect of the sale of liquor with some other service; or
(c) a
calculable amount, upon a specified basis,
in such manner and
upon such conditions as the Director may approve notwithstanding that such an
arrangement might otherwise contravene a condition of the licence or of the
kind referred to in section 60(3)(a) or section 104.
(4) Where the Director
so requires the liquor sold or supplied under an occasional licence shall be
purchased for the purpose from a supplier, or a supplier selected from a list
of suppliers, specified in the licence.
(5) An occasional
licence may be granted in relation to a festival or other event authorising
the organiser and specified persons participating in or associated with that
festival or event to sell liquor, or liquor of a specified description, during
such period or on such occasions as may be specified.
(6A) Without limiting
section 64, the Director may impose a condition on an occasional licence
requiring that any manager of premises that are the subject of the licence
(other than a person appointed under section 100(3)) be an approved
unrestricted manager.
(6) In this section,
specified means specified in the licence.
(7) The Director may
cancel an occasional licence at any time if satisfied that the licence is no
longer appropriate.
[Section 59 amended: No. 12 of 1998 s. 39(1); No.
56 of 2010 s. 12.]