Queensland Numbered Acts

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LIQUOR AMENDMENT ACT 2005 No. 13 - SECT 5

5 Insertion of new pt 5, div 5

Part 5, after section 142--

insert--

'(1) This division applies in the area of the Brisbane City Council to licensed premises and premises to which a permit relates if the licensee or permittee is authorised under this Act to sell or supply liquor on the premises during all or any part of the period starting at 3 a.m. on a day and ending at 7 a.m. on the day (the trading period).

'(2) However this division does not apply to--

(a) a casino under the Casino Control Act 1982; or
(b) that part of licensed premises used principally for the residential accommodation of guests staying on the premises; or
(c) licensed premises at Brisbane Airport, Airport Drive, Brisbane.

'(3) Also, this division does not apply--

(a) on Anzac Day to licensed premises if an extended hours permit for that day has been granted for the premises under section 102C; or
(b) on New Year's Day.

'(4) For subsection (1), it is immaterial whether or not the trading period is part of another period during which the licensee or permittee is authorised under this Act to sell or supply liquor on the premises mentioned in the subsection.

'(1) It is a condition of the licensee's or permittee's licence or permit that a patron of the licensed premises or the premises to which the permit relates must not be allowed to enter the premises at or after 3 a.m. during the trading period.

Example of an entry--
A patron of licensed premises leaves the premises and a short time later re-enters the premises. The re-entry is a separate entry of the premises.

'(2) For licensed premises, the condition does not apply in relation to a resident, or a guest of a resident while in the resident's company, who is entering the premises.

'(3) The licensee or permittee must comply with the condition.

Maximum penalty--100 penalty units.

'(4) In this section--

patron, in relation to licensed premises or premises to which a permit relates, includes a person entering or seeking to enter the premises to use the areas, facilities or services on offer at the premises.

'For this Act--

(a) a reference in section 134(1)(a)(ii) to a condition specified in the permit; or
(b) a reference in section 136(1)(a)(iii) to a condition stated in the licence;

is taken to include a reference to a condition of the permit or licence imposed under section 142AB.'.



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