New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 104C

104C Order by court for closure of premises

(1) The court may, on the application of the Director or the Commissioner of Police, order a licensee to close the licensed premises from a time specified in the order until a later specified time.

(2) The court may only make an order under this section if:

(a) the licensee or manager of the premises is the subject of an investigation under section 66A or of a police investigation or a complaint has been made in relation to the licensee or manager or a close associate of the licensee, and

(b) the licensee has been given notice of the application for closure and has been given an opportunity to appear before the court and be heard in relation to the application, and

(c) the court is of the opinion that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.

(3) Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:

(a) a threat to public health or safety, or

(b) a risk of substantial damage to property, or

(c) a significant threat to the environment, or

(d) a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.

(4) An order ceases to have effect at the time specified or when a complaint concerning the licensee or manager of the premises is determined under this Act, whichever is the earlier.

(5) An order may not require the closure of premises for a period longer than the period prescribed by the regulations.

(6) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than that permitted under subsection (5).

(7) A licensee must not fail to comply with an order made under this section.

Maximum penalty (subsection (7)): 50 penalty units or imprisonment for 6 months, or both.