LIQUOR CONTROL ACT 1988 - SECT 96

LIQUOR CONTROL ACT 1988 - SECT 96

96 .         Disciplinary action, powers to take

        (1)         Upon the appearance of the licensee, and of any other person required to be given notice of the complaint, or complaints, under section 95 or in the absence of the licensee or other person after due notice was given (where practicable), the Commission shall hear and determine the matter to which the complaint, or complaints, relate and, if it is satisfied, on the balance of probabilities, that the ground upon which the complaint was, or complaints, were made has been made out so that a proper cause for disciplinary action exists, the Commission may —

            (a)         issue a reprimand; or

            (b)         impose a condition to which the licence is to be subject or otherwise limit the authority conferred by the licence, and vary the licence accordingly; or

            (c)         vary or cancel a condition to which the licence is subject; or

            (d)         suspend the operation of the licence —

                  (i)         until further order; or

                  (ii)         for a specified period;

                or

            (e)         cancel the licence; or

            (f)         disqualify, for such period as the Commission thinks fit, the licensee from holding a licence; or

            (g)         disqualify, for such period as the Commission thinks fit, a person against whom a ground of complaint was made out from being —

                  (i)         the holder of a position of authority in a body corporate that holds a licence; or

                  (ii)         interested in, or in the profits or proceeds of, a business carried on under a licence,

                subject to subsection (3); or

            (h)         require a licensee, or a person against whom a ground of complaint was made out, to enter into a bond or give security for future conduct; or

            (j)         give directions as to the conduct of the business of the licensee; or

            (k)         require specified action to be taken by the licensee within a specified period; or

            (m)         order the licensee or a person against whom a ground of complaint was made out to pay to the Crown a monetary penalty not exceeding $60 000; or

            (n)         make such other order as the Commission thinks fit, in relation to the licensee or a person against whom a ground of complaint was made out,

                or may take no action in the matter.

        [(2)         deleted]

        (3)         The Commission shall not impose a penalty under subsection (1)(g) or on a person liable to a penalty as a result of section 164 where it is proved that the person concerned —

            (a)         did not know, and should not have known, of the matter upon which the ground of complaint was made out; or

            (b)         had taken reasonable steps to prevent the occurrence of a matter of the kind to which the complaint, or complaints, related.

        (4)         Where the Commission is satisfied that a licensee is committing, or permitting the commission of, a continuing breach of any condition of a licence the Commission may by order restrain the continuance of that breach, and may make a further order that the licence shall be suspended for a specified period or cancelled with immediate effect if the Director is satisfied that the order has been contravened.

        (5)         The continued existence of anything in a state, or the intermittent repetition of any action, contrary to a condition of the licence shall be deemed for the purposes of subsection (4) to be a continuing breach of that condition.

        (6)         Where a licence is suspended or the holder of a licence is disqualified —

            (a)         if so required by the Director, the licensee or person who was the holder of the licence shall forthwith provide to the Director, in the form approved by the Director, a return of liquor purchased or sold by that person under the licence up to the date of suspension, or the date on which business was last carried on, and shall provide or cause to be provided to the Director such further or other records or information as the Director may require; and

            (b)         a protection order may, if the Director thinks fit, be made on the application of —

                  (i)         a member of the family of the licensee; or

                  (ii)         the owner, lessor or mortgagee of the premises to which the licence relates; or

                  (iii)         a person interested in, or in the profits or proceeds of, the business conducted under the licence.

        [Section 96 amended: No. 73 of 1994 s. 4; No. 12 of 1998 s. 67; No. 73 of 2006 s. 106 and 111(8); No. 56 of 2010 s. 47.]