LIQUOR CONTROL ACT 1988 - SECT 99

LIQUOR CONTROL ACT 1988 - SECT 99

99 .         Duty to keep premises clean and in good repair; powers to enforce duty and require alterations

        (1)         Every licence is subject to the conditions that the licensee —

            (a)         maintain the licensed premises at a standard that is reasonable having regard to the class of licence, the locality and the expectations of the public; and

            (b)         keep the premises and all fittings and fixtures in the premises thoroughly cleansed, in a hygienic condition and in good repair.

        (2)         Where the Director is of the opinion that the licensee has failed to comply with a condition referred to in subsection (1) the Director may, by notice in writing, require —

            (a)         the licensee; or

            (b)         where the Director considers that the licensee might reasonably have complied with a requirement notified under this subsection but has not, the owner,

                of the premises to take specified action, carry out specified works, or provide specified things.

        (3)         Where the Director determines that in the public interest —

            (a)         licensed premises should be altered; or

            (b)         the furniture, fittings, accommodation, facilities, amenities or services in, or provided or to be provided by, any licensed premises are inadequate or unsuitable,

                the Director may, by notice in writing, require the owner or the licensee of those premises, or both of them, to make the alteration or remedy the inadequacy or unsuitability in such manner as is specified by the Director and may require any such person to submit a proposal, accompanied by plans and specifications, for that purpose within a specified time.

        [(4)         deleted]

        (5)         In subsections (2) and (3), specified means specified in the notice given under the respective subsection.

        (6)         Where a licensee fails to comply with a requirement made under subsection (2) or (3), the owner of the licensed premises may, notwithstanding any express or implied covenant or agreement to the contrary, enter the premises and cause to be done or do all that was required of the licensee.

        (7)         Where an owner or licensee fails to comply with a requirement made under subsection (2) or (3) within the time limited in that requirement, the Director may determine that a monetary penalty, not exceeding $1 000 for each day on which the failure continues after the expiration of the time so limited, shall be payable to the Crown by that person and by notice in writing given to that person so direct and whether or not a monetary penalty is imposed a complaint may be made under section 95.

        (8)         Where a licensee or owner so requests, a licence may be varied by the Director to facilitate works required by this section.

        [Section 99 amended: No. 12 of 1998 s. 70(1) to (4); No. 56 of 2010 s. 49.]

        [Heading inserted: No. 56 of 2010 s. 14.]