LIQUOR CONTROL REGULATIONS 1989 - REG 8A

LIQUOR CONTROL REGULATIONS 1989 - REG 8A

8A .         Exemption from Act, consumption at live entertainment venues

        (1)         In this regulation —

        entertainment  —

            (a)         means musical, theatrical, dance or comic entertainment; but

            (b)         does not include a sporting contest;

        live entertainment  —

            (a)         means continuous entertainment provided by one or more persons present in person; but

            (b)         does not include any of the following —

                  (i)         entertainment provided by way of recorded music (including music videos), whether or not by a disk jockey, unless merely incidental to the continuous entertainment to which paragraph (a) applies;

                  (ii)         the presentation, visually or acoustically (or both), of entertainment taking place at another venue, where what is presented is received from a broadcast or any other transmission (including Internet streaming) in real time or with a delay;

        negative determination , in relation to a person, means —

            (a)         a refusal of an application under the Act for the grant of a licence, or for approval to the transfer of a licence, if the ground, or one of the grounds, for the refusal of the application was that the person —

                  (i)         was not a fit and proper person to be a licensee of the premises to which the application related; or

                  (ii)         was not a fit and proper person to occupy a position of authority in a body corporate that is a licensee of the premises to which the application related; or

                  (iii)         was not a fit and proper person to be directly or indirectly interested in the application or in the business, or the profits or proceeds of the business, to be carried on under the licence;

                or

            (b)         a refusal of an application under the Act for the approval of a person to occupy a position of authority in a body corporate that holds a licence, if the ground, or one of the grounds, for the refusal of the application was that the person was not a fit and proper person to occupy that position in the body corporate; or

            (c)         a refusal of an application under the Act for the approval of the person as a trustee to hold a licence, if the ground, or one of the grounds, for the refusal of the application was that the person was not a fit and proper person for the position; or

            (d)         a refusal of an application under the Act for the approval of the person as an approved unrestricted manager or an approved restricted manager or (in the case of an application made before the day on which the Liquor Control Amendment Act 2010 Part 2 came into operation) as a manager of licensed premises, if the ground, or one of the grounds, for the refusal of the application was that the person was not a fit and proper person to be a manager of licensed premises; or

            (e)         a refusal of an application under section 86 for the approval of the person to carry on the business of a licensee, if the ground, or one of the grounds, for the refusal of the application was that the person was not a fit and proper person to carry on the business of a licensee; or

            (f)         a refusal of an application under section 87 for the grant of a protection order, if the ground, or one of the grounds, for the refusal of the application was that the person was not a fit and proper person to carry on the business of a licensee; or

            (g)         a refusal of an application under section 104 for the approval of an agreement or arrangement, if the ground, or one of the grounds, for the refusal of the application was that the person was not a fit and proper person to act as an unlicensed agent; or

            (h)         a refusal of an application under section 119A for approval to conduct a non‑liquor business on licensed premises, if the ground, or one of the grounds, for the refusal of the application was that the person was not a fit and proper person to conduct the non‑liquor business on the premises;

        responsible adult has the meaning given in section 125(2)(b);

        restricted material means —

            (a)         a publication, within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 (Commonwealth), that has been classified or reclassified RC (refused classification), Category 1 restricted or Category 2 restricted under that Act; or

            (b)         a film, within the meaning of that Act, that has been classified or reclassified RC (refused classification), X 18+ or R 18+ under that Act; or

            (c)         a computer game, within the meaning of that Act, that has been classified or reclassified RC (refused classification) under that Act.

        (2)         For the purpose of determining whether or not entertainment is continuous, no account is to be taken of reasonable intervals between acts, or between the performances of persons, as long as substantial compliance with the requirement for continuity is observed.

        (3)         For the purposes of subregulation (4)(e)(i), a person has a current negative determination if a negative determination has at any time been made in relation to that person, unless since that negative determination was made —

            (a)         an application of any of the kinds mentioned in the definition of negative determination in subregulation (1) has been made to the licensing authority; and

            (b)         the determination of the application required the licensing authority to determine whether or not the person was a fit and proper person in relation to a matter relevant to the application; and

            (c)         the application was granted.

        (4)         The consumption of liquor by a person who is at least 18 years of age is exempted from the application of the Act if —

            (a)         the liquor is consumed on premises while live entertainment is being provided on the premises; and

            (b)         the primary purpose of the premises is to facilitate the provision of live entertainment; and

            (c)         the consumption of liquor on the premises is ancillary to the live entertainment being provided; and

            (d)         the person in charge of the premises notifies the Director, in the form and manner approved by the Director and at least 14 days before that person first intends to rely on the exemption conferred by this regulation to permit the consumption of liquor on the premises, that liquor is to be consumed on the premises in reliance on the exemption conferred by this regulation; and

            (e)         neither the person in charge of the premises, nor any person who is an employee, contractor or agent of that person and is providing services on the premises —

                  (i)         has a current negative determination; or

                  (ii)         is the holder of a licence or protection order the operation of which is suspended under section 96(1)(d) or (4); or

                  (iii)         has had a licence or protection order held by the person cancelled under section 96(1)(e) or (4), unless since that cancellation the person has been granted a licence or protection order; or

                  (iv)         is disqualified under section 96(1)(f) from holding a licence; or

                  (v)         is disqualified under section 96(1)(g)(i) from being the holder of a position of authority in a body corporate that holds a licence; or

                  (vi)         is disqualified under section 96(1)(g)(ii) from being interested in, or in the profits or proceeds of, a business carried on under a licence; or

                  (vii)         has had the approval of the person as a manager revoked under section 102F(2)(a) or withdrawn (other than for a specified period) under the former section 35B (as in force immediately before its repeal by the Liquor Control Amendment Act 2010 section 8), unless since that revocation or withdrawal the person has been approved as a manager; or

                  (viii)         is an approved manager whose approval is suspended under section 102F(2)(b); or

                  (ix)         is the subject of a prohibition order made under section 152E;

                and

            (f)         there are no more than 200 patrons on the premises at any one time; and

            (g)         the person in charge of the premises is not a juvenile; and

            (h)         juveniles (other than juveniles mentioned in subregulation (5)) are not allowed to enter or remain on the premises unless accompanied by, and under the supervision of, a responsible adult; and

                  (i)         water suitable for drinking is provided, free of charge, at all times when liquor is being consumed on the premises; and

            (j)         a drunk person is not allowed to consume liquor on the premises; and

            (k)         neither the person in charge of the premises, nor any person who is an employee, contractor or agent of that person and is providing services on the premises, nor any person who is providing live entertainment on the premises —

                  (i)         is indecently dressed on the premises; or

                  (ii)         allows any other person to be indecently dressed on the premises; or

                  (iii)         takes part in, or allows any other person to take part in, any activity on the premises in an indecent manner; or

                  (iv)         shows or allows to be shown on the premises any restricted material or any extract from restricted material.

        (5)         The juveniles to which subregulation (4)(h) does not apply are as follows —

            (a)         a juvenile who is providing services on the premises (such as serving food or providing security);

            (b)         a juvenile who is providing live entertainment on the premises, or assisting a person who is providing such entertainment.

        [Regulation 8A inserted: Gazette 15 Jul 2011 p. 2956‑60.]