New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 75

75 Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises

(1) The Secretary, a police officer or a marine authority may give a relevant person for licensed premises a notice (an
"improvement notice" )--

(a) for the Secretary--

(i) if the Secretary reasonably believes there has been a contravention of this Act or the regulations on, or in relation to, the licensed premises, or

(ii) if the Secretary reasonably believes noise is being emitted from the licensed premises in a way that unduly disturbs, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood in which the licensed premises are located, or

(iii) about any other matter relating to the licensed premises, including any conduct on the licensed premises, or

(b) for a police officer--if the police officer reasonably believes--

(i) noise is being emitted from the licensed premises in contravention of a noise or noise-related condition applying to the licence for the licensed premises, or

(ii) noise is being emitted from the licensed premises in a way that unduly disturbs, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood in which the licensed premises are located, or

(iii) noise is being emitted near the licensed premises by patrons of the licensed premises or staff or contractors of the licensee, or

Example of contractors--: musicians contracted to perform on the licensed premises or the staff of the musicians

(c) for a marine authority--if the marine authority reasonably believes noise is being emitted--

(i) in navigable waters from licensed premises that are a vessel in contravention of a noise or noise-related condition applying to the licence for the licensed premises, or

(ii) in navigable waters from licensed premises that are a vessel in a way that unduly disturbs, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood in which the licensed premises are located.

(2) An improvement notice must not be issued in relation to a demerit offence under Part 9A.

(2A) An improvement notice given by the Secretary or a police officer must be in writing and be in the form approved by the Secretary and include--

(a) for an improvement notice issued by the Secretary--

(i) if the notice relates to a contravention of this Act or the regulations--the provision of the Act or regulations that is being contravened, and

(ii) a direction about the action that must be taken by the relevant person to rectify the contravention, and

(iii) a direction about the date by which the rectification must occur, or

(b) for an improvement notice issued by a police officer--

(i) a direction that a person whom the police officer believes to be a person who caused the emission of the noise to cease the noise, or

(ii) a direction that a person whom the police officer believes to be making, or contributing to the making, of the noise to cease making or contributing to the noise.

(2AB) An improvement notice given by a marine authority--

(a) may be given orally or in writing, and

(b) must be in the form approved by the Secretary and include--

(i) a direction that a person whom the marine authority believes to be a person who caused the emission of the noise to stop the noise, or

(ii) a direction that a person whom the marine authority believes to be making, or contributing to the making of, the noise to stop making or contributing to the noise.

(2B) An improvement notice takes effect on the later of the following--

(a) when the notice is given to the relevant person,

(b) a date specified in the notice.

(3) A relevant person who, without reasonable excuse, fails to comply with an improvement notice under this section is guilty of an offence.

: Maximum penalty--100 penalty units.

(4) The power conferred by this section includes a power to issue an improvement notice giving a direction to adopt, vary, cease or refrain from any practice on or in respect of the licensed premises.

(5) The Secretary may revoke or vary an improvement notice given under this section.

(6) An improvement notice under this section must not be inconsistent with this Act and the authorisation conferred by the licence concerned.

(7) A police officer or marine authority who issues an improvement notice under this section may make a complaint to the Secretary under section 79B about the emission of noise from the licensed premises the subject of the improvement notice.

(8) In this section--

"relevant person" means the following--

(a) a licensee,

(b) an employee of a licensee,

(c) an agent of a licensee.