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LIQUOR CONTROL ACT 1988 - SECT 64

LIQUOR CONTROL ACT 1988 - SECT 64

64 .         Imposing, varying and cancelling conditions

        (1)         Subject to this Act, in relation to any licence, or to any permit, the licensing authority may at its discretion impose conditions —

            (a)         in addition to the conditions specifically imposed by this Act; or

            (b)         in such a manner as to make more restrictive a condition specifically imposed by this Act,

                and may vary or cancel any condition previously imposed by the licensing authority, having regard to the tenor of the licence or permit and the circumstances in relation to which the licensing authority intends that it should operate.

        (1a)         The licensing authority may impose, vary or cancel a condition under subsection (1) —

            (a)         of its own motion; or

            (b)         on the application of the licensee; or

            (c)         at the written request of the parties to a liquor accord.

        (1b)         In subsection (1a) —

        liquor accord means a written agreement or other arrangement —

            (a)         that is entered into by 2 or more licensees in a local community, and persons who represent the licensing authority, departments of the Public Service, State agencies or local government, and other persons; and

            (b)         that has the purposes of minimising the harm caused in the local community by the excessive consumption of liquor and promoting responsible practices in the sale, supply and service of liquor in the local community; and

            (c)         that is approved by the Director.

(1BA)         An application under subsection (1a)(b) to vary a condition must be made not later than the prescribed number of days before the variation is proposed to take effect, unless the Director otherwise approves.

        (1C)         For the purposes of deciding whether to impose, vary or cancel a condition under this section, the licensing authority may consult with all or any of the following persons —

            (a)         the Commissioner of Police;

            (b)         the relevant local government;

            (c)         the Chief Health Officer;

            (d)         any other person, body or authority the licensing authority considers may be able to provide information relevant to the decision.

        (2)         The power conferred by subsection (1) may, subject to compliance with section 31(6)(b), be exercised at any time, but a condition takes effect on —

            (a)         the date of the grant of the licence or the issue of the permit in relation to which it was imposed; or

            (b)         such other date as is specified in the notice setting out the particulars, or in the endorsement or revised version of the licence or permit made, under section 31(6),

                whichever is the later.

        (2a)         If the licensing authority proposes to impose, vary or cancel a condition under this section, the licensing authority may, by notice in writing, require the licensee to show cause to the licensing authority why the condition should not be imposed, varied or cancelled.

        (2b)         Subsection (2a) does not apply in relation to a condition proposed to be imposed, varied or cancelled in accordance with an application under subsection (1a)(b).

        (3)         Without derogating from the generality of the discretion conferred on the licensing authority, the licensing authority may impose conditions which it considers to be in the public interest or which it considers desirable in order to —

            (a)         ensure that the noise emanating from the licensed premises is not excessive; or

            (b)         minimise the offence, annoyance, disturbance or inconvenience that might be caused to those who reside or work in the vicinity of the licensed premises, or to persons in or making their way to or from a place of public worship, hospital or school, in consequence of activities on the licensed premises or the conduct of those making their way to or from the licensed premises; or

            (ba)         ensure that local laws of a local government under the Local Government Act 1995 or by-laws of an Aboriginal community under the Aboriginal Communities Act 1979 are complied with; or

            (c)         ensure that the safety, health or welfare of persons who may resort to the licensed premises is not at risk; or

            (ca)         ensure that liquor is sold and consumed in a responsible manner; or

            (cb)         ensure that all persons involved in conducting business under the licence have suitable training for attaining the primary objects of this Act; or

            (cc)         minimise harm or ill-health caused to people, or any group of people, due to the use of liquor; or

            (cd)         limit or prohibit the sale of liquor on credit; or

            (d)         ensure public order and safety, particularly where circumstances or events are expected to attract large numbers of persons to the premises or to an area adjacent to the premises; or

            (e)         limit —

                  (i)         the kinds of liquor that may be sold;

                  (ii)         the manner or the containers, or number or types of containers, in which liquor may be sold;

                  (iii)         the days on which, and the times at which, liquor may be sold;

                or

            (ea)         without limiting paragraph (e)(iii), limit the times when packaged liquor may be sold on and from the licensed premises to those times when liquor may be purchased for consumption on those premises; or

            (f)         prohibit persons being, or limit the number of persons who may be, present on, or on any particular part of, the licensed premises or any area which is subject to the control or management of the licensee and is adjacent to those premises; or

            (fa)         prohibit entry to the licensed premises after a specified time; or

            (g)         prohibit the provision of entertainment, or limit the kind of entertainment that may be provided, on, or in an area under the control of the licensee adjacent to, the licensed premises; or

            (ga)         prohibit promotional activity in which drinks are offered free or at reduced prices, or limit the circumstances in which this may be done; or

            (gb)         prohibit any practices which encourage irresponsible drinking; or

            (h)         otherwise limit the authority conferred under a licence or permit; or

            (j)         require action therein specified to be undertaken by the licensee —

                  (i)         within a time or at times therein specified; or

                  (ii)         on occasions or in circumstances therein specified,

                in relation to the licensed premises or any part of those premises, the conduct of the business carried on under the licence, or otherwise in the public interest; or

            (ka)         require the keeping of records and provision of information to the Director; or

            (k)         prevent improper arrangements or practices calculated to increase any subsidy payable; or

            (m)         ensure compliance with the requirements of, or with terms fixed or conditions imposed by or under, this Act.

        (4)         If there is an inconsistency between a condition imposed under this Act and a requirement of, or made under, any other written law, the condition or requirement which is more onerous for the licensee shall prevail.

        [(5)         deleted]

        (6)         A condition imposed under this section may relate to —

            (a)         any aspects of the business carried on under the licence; and

            (b)         any activity carried on at the licensed premises, at any time and whether or not related to the business carried on under the licence.

        (7)         Where a condition imposed under this section in relation to a licence has been contravened the licensing authority may —

            (a)         impose a more restrictive condition in relation to that licence; or

            (b)         impose on the licence holder a monetary penalty not exceeding $1 000 for each day on which the contravention continues, which shall be payable to the Crown by that person,

                or both.

        (8)         The imposition, variation or cancellation of a condition, or the imposition of a monetary penalty, under this section is not to be regarded as the taking of disciplinary action for the purposes of section 96.

        [Section 64 amended: No. 56 of 1997 s. 31; No. 12 of 1998 s. 44; No. 73 of 2006 s. 46; No. 56 of 2010 s. 44; No. 35 of 2015 s. 10; No. 19 of 2016 s. 163; No. 9 of 2018 s. 35; No. 25 of 2023 s. 21(2).]