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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Miscellaneous) Amendment
Bill 2013
A BILL FOR
An Act to amend the Liquor
Licensing Act 1997.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Liquor Licensing
Act 1997
4Amendment of section 3—Objects
5Amendment of section
4—Interpretation
6Amendment of section 11A—Commissioner's
codes of practice
7Amendment of section 30—Cases where
licence is not required
8Amendment of section 31—Authorised
trading in liquor
9Amendment of section 32—Hotel
licence
10Amendment of section 33—Residential
licence
11Amendment of section 34—Restaurant
licence
12Amendment of section 35—Entertainment
venue licence
13Amendment of section 36—Club
licence
14Amendment of section 37—Retail Liquor
Merchant's licence
15Amendment of section 38—Wholesale Liquor
Merchant's licence
16Amendment of section 39—Producer's
licence
17Amendment of section 39A—Direct sales
licence
18Amendment of section 40—Special
circumstances licence
19Amendment of section 40A—Small venue
licence
20Amendment of section 41—Limited
licence
21Amendment of section 43—Power of
licensing authority to impose conditions
22Amendment of section
49—Special provision for club licences
23Amendment of
section 71—Approval of management and control
24Amendment of
section 97—Supervision and management of licensee's business
25Amendment of section 108—Liquor not to
be sold or supplied to intoxicated persons
26Amendment of section
109—Copy of licence to be kept on licensed premises
27Amendment of section 111—Areas of
licensed premises may be declared out of bounds to minors
28Amendment of section 112—Minors not to
enter or remain in certain licensed premises
29Amendment of
section 113—Notice to be erected
30Amendment of heading to Part
7A—Offensive or disorderly conduct
31Amendment of section
117A—Offensive or disorderly conduct
32Amendment of section
119—Cause for disciplinary action
33Amendment of section
119A—Commissioner's power to deal with disciplinary matter by
consent
34Amendment of section 120A—Commissioner's
power to suspend or impose conditions pending disciplinary action
35Amendment of section 121—Disciplinary
action
36Amendment of section 122—Powers of
authorised officers
37Amendment of section 124—Power to refuse
entry or remove intoxicated persons or persons guilty of offensive
behaviour
38Amendment of section 128B—Power of
Commissioner to issue public order and safety notice
39Amendment of
section 131—Control of consumption etc of liquor in public
places
40Amendment of section 131A—Failing to
leave licensed premises on request
41Amendment of section
138—Regulations
Schedule 1—Transitional
provisions
1Responsible persons
2Certain conditions
taken to be validly imposed etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Miscellaneous) Amendment
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Liquor Licensing
Act 1997
4—Amendment
of section 3—Objects
Section 3(1)—after paragraph (e) insert:
and
(f) to ensure that the sale and supply of liquor occurs in such a manner
as to minimise the risk of intoxication and associated violent or anti-social
behaviour including property damage and causing personal injury.
5—Amendment
of section 4—Interpretation
(1) Section 4, definition of entertainment—delete
the definition and substitute:
entertainment means a dance, performance, exhibition or event
(including a sporting contest) calculated to attract and entertain members of
the public;
(2) Section 4—after the definition of public
conveyance insert:
public interest—the public interest includes, but is
not limited to, matters relating to—
(a) public order and safety; and
(b) public health (whether generally or in respect of particular groups or
communities); and
(c) the welfare of particular groups or communities;
(3) Section 4—after the definition of inspector
insert:
intoxicated—a person is intoxicated if—
(a) the person’s speech, balance, co-ordination or behaviour is
noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected
speech, balance, co-ordination or behaviour is the result of the consumption of
liquor or some other substance;
6—Amendment
of section 11A—Commissioner's codes of practice
(1) Section 11A(2)—after paragraph (fa) insert:
(fb) to impose special requirements in respect of the sale of discounted
liquor, or the giving away of liquor, for consumption on licensed premises
between midnight and 7 am on any day;
(2) Section 11A—after subsection (6) insert:
(7) A person is, in relation to the performance of a prescribed function
under a code of practice, exempt from the operation of the Security
and Investigation Agents Act 1995.
(3) Section 11A(2)—after paragraph (e) insert:
(ea) to protect the public interest;
7—Amendment
of section 30—Cases where licence is not required
Section 30(c)—delete "regulations" and substitute:
Minister by notice in the Gazette
8—Amendment
of section 31—Authorised trading in liquor
Section 31(1)—delete "A licence" and substitute:
Subject to this Act, a licence
9—Amendment
of section 32—Hotel licence
(1) Section 32(1)—delete "A hotel" and substitute:
Subject to this Act, a hotel
(2) Section 32(2)—delete "A hotel" and substitute:
Subject to this Act, a hotel
10—Amendment
of section 33—Residential licence
Section 33(1)—delete "A residential" and substitute:
Subject to this Act, a residential
11—Amendment
of section 34—Restaurant licence
Section 34(1)—delete "A restaurant" and substitute:
Subject to this Act, a restaurant
12—Amendment
of section 35—Entertainment venue licence
Section 35(1)—delete "An entertainment" and
substitute:
Subject to this Act, an entertainment
13—Amendment
of section 36—Club licence
Section 36(1)—delete "A club" and substitute:
Subject to this Act, a club
14—Amendment
of section 37—Retail Liquor Merchant's licence
Section 37(1)—delete "A retail" and substitute:
Subject to this Act, a retail
15—Amendment
of section 38—Wholesale Liquor Merchant's licence
Section 38(1)—delete "A wholesale" and substitute:
Subject to this Act, a wholesale
16—Amendment
of section 39—Producer's licence
(1) Section 39(1)—delete "A producer's" and
substitute:
Subject to this Act, a producer's
(2) Section 39(4), definition of wine
region—delete "Australian Wine and Brandy Corporation
Act 1980" and substitute:
Wine Australia Corporation Act 1980
17—Amendment
of section 39A—Direct sales licence
Section 40(1)—delete "A direct" and substitute:
Subject to this Act, a direct
18—Amendment
of section 40—Special circumstances licence
Section 40(1)—delete "A special" and substitute:
Subject to this Act, a special
19—Amendment
of section 40A—Small venue licence
Section 40A(1)—delete "A small" and substitute:
Subject to this Act, a small
20—Amendment
of section 41—Limited licence
Section 41(1)—delete "A limited" and substitute:
Subject to this Act, a limited
21—Amendment
of section 43—Power of licensing authority to impose
conditions
(1) Section 43(1)—delete subsection (1) and
substitute:
(1) Subject to this section, the licensing authority may—
(a) impose a condition on a licence (including a condition that varies the
trading hours in respect of the licence fixed or required by or under this Act);
and
(b) vary, suspend or revoke a condition of a licence (other than a
mandatory condition contemplated by section 42).
Examples—
The kinds of conditions that may be imposed under this section include, but
are not limited to, the following:
• conditions to ensure that the noise emanating from the licensed
premises is not excessive;
• conditions to minimise offence, annoyance, disturbance or
inconvenience to people who reside, work or worship in the vicinity of the
licensed premises, or to minimise prejudice to the safety or welfare of children
attending kindergarten, primary school or secondary school in the vicinity of
the licensed premises, resulting from activities on the licensed premises, or
the conduct of people making their way to or from the licensed
premises;
• conditions to prevent offensive behaviour on the licensed premises
(including offensive behaviour by persons providing or purporting to provide
entertainment (whether live or not) on the licensed premises);
• conditions to protect the safety, health or welfare of customers
and staff (or both);
• conditions to protect the public interest;
• conditions to ensure that the nature of the business to be
conducted under the licence conforms with representations made to the licensing
authority in proceedings for the grant of the licence or other proceedings under
this Act;
• conditions to ensure public order and safety at events expected to
attract large crowds;
• conditions to prevent the consumption of liquor sold for
consumption off the licensed premises in the vicinity of the licensed
premises;
• other conditions to ensure compliance with the objects of this
Act.
(2) Section 43(2)—delete "A licensing authority may impose a
condition" and substitute:
The licensing authority may impose, vary, suspend or revoke a
condition
(3) Section 43(2)(f)—delete paragraph (f) and
substitute:
(f) if the Commissioner considers the imposition, variation, suspension or
revocation of the condition to be in the public interest—on the
Commissioner's own initiative.
(4) Section 43(3)—delete subsection (3)
(5) Section 43(4)—delete "to impose a condition" and
substitute:
under subsection (1)
22—Amendment
of section 49—Special provision for club licences
Section 49(1)—delete "that is a non-profit association
incorporated under the Associations
Incorporation Act 1985" and substitute:
that is—
(a) a non-profit association incorporated under the Associations
Incorporation Act 1985; or
(b) a company limited by guarantee under the Corporations
Act 2001 of the Commonwealth.
23—Amendment
of section 71—Approval of management and control
Section 71(1)—delete ''for the business conducted under the
licence" and substitute:
under this Act
24—Amendment
of section 97—Supervision and management of licensee's
business
Section 97(1)(a)(ii)—delete "for the business conducted under
the licence" and substitute:
for the purposes of this section
25—Amendment
of section 108—Liquor not to be sold or supplied to intoxicated
persons
(1) Section 108(1)—delete subsection (1) and
substitute:
(1) If liquor is sold or supplied on licensed premises to an intoxicated
person, the licensee, the responsible person for the licensed premises and the
person by whom the liquor is sold or supplied are each guilty of an
offence.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
(2) Section 108(2)(a)(ii)—delete
subparagraph (ii)
26—Amendment
of section 109—Copy of licence to be kept on licensed
premises
Section 109(2), expiation fee—delete "$1 200" and
substitute:
$160
27—Amendment
of section 111—Areas of licensed premises may be declared out of bounds to
minors
(1) Section 111(1)—delete "part" and substitute:
area
(2) Section 111(2)—delete "a part" and substitute:
an area
(3) Section 111(2)—delete "that part" and substitute:
that area
(4) Section 111(3)—delete "a part" and substitute:
an area
28—Amendment
of section 112—Minors not to enter or remain in certain licensed
premises
(1) Section 112(1)(a)—delete "a part of"
(2) Section 112(1)(b)—delete "a part of licensed premises
subject to a licence of some other class (other than a dining room, a bedroom or
some other part of the licensed premises approved by the licensing authority)
between the hours of midnight and 5 am if liquor may be sold in the
relevant part of the licensed premises" and substitute:
an area in licensed premises subject to a licence of some other class
(other than a dining room, a bedroom or some other area of the licensed premises
approved by the licensing authority) between the hours of midnight and 5 am
if liquor may be sold in the area at that time
(3) Section 112(3)—delete "or any part of licensed
premises"
(4) Section 112(4)—delete "on the relevant part" and
substitute:
in the relevant area
(5) Section 112(5)—delete "each entrance of licensed premises,
or part of licensed premises, at any time when access is prohibited to minors
under this section or under a condition of the licence"
the entrance to any area of licensed premises to which access by minors is
prohibited under this section or a condition of the licence during any time that
access by minors is so prohibited
29—Amendment
of section 113—Notice to be erected
Section 113(1)—delete "part" and substitute:
area
30—Amendment
of heading to Part 7A—Offensive or disorderly conduct
Heading to Part 7A—delete the heading and substitute:
Part 7A—Offences relating to conduct on licensed
premises etc
31—Amendment
of section 117A—Offensive or disorderly conduct
Section 117A(1), expiation fee—delete "$160" and
substitute:
$500
32—Amendment
of section 119—Cause for disciplinary action
Section 119(1)—after subsection (1) insert:
(1a) For the purposes of subsection (1)(c), a trust or corporate
entity that is or has been licensed under this Act will be taken not to be a fit
and proper person if any person who occupies a position of authority in the
trust or corporate entity is not a fit and proper person.
33—Amendment
of section 119A—Commissioner's power to deal with disciplinary matter by
consent
Section 119A(1)(b)—delete paragraph (b) and
substitute:
(b) in the case of a person licensed under this Act—
(i) impose a condition on the licence (including a condition that varies
the trading hours in respect of the licence fixed or required by or under this
Act); and
(ii) vary, suspend or revoke a condition of the licence (other than a
mandatory condition contemplated by section 42); or
34—Amendment
of section 120A—Commissioner's power to suspend or impose conditions
pending disciplinary action
(1) Section 120A—before subsection (1) insert:
(a1) The Commissioner may, if of the opinion that it is desirable to do so
in the public interest—
(a) impose a condition on a licence (including a condition that varies the
trading hours in respect of the licence fixed or required by or under this Act);
or
(b) vary, suspend or revoke a condition of a licence,
to which a complaint relates pending hearing and determination of the
complaint (including, to avoid doubt, a condition relating to the subject matter
of the complaint).
(2) Section 120A(1)(b)—after "approval" second occurring
insert:
(including, to avoid doubt, a condition relating to the subject matter of
the complaint)
(3) Section 120A—after subsection (1) insert:
(1a) The Commissioner may, despite the fact that a complaint has not been
lodged against a person, exercise a power under subsection (a1) or (1)
in respect of the person if the Commissioner believes on reasonable grounds
that—
(a) proper cause for disciplinary action exists against the person;
and
(b) it is necessary to do so in the public interest; and
(c) a complaint will in due course be lodged against the person.
(4) Section 120A(2)—delete "his or her power to suspend or
impose conditions" and substitute:
a power under this section
(5) Section 120A—after subsection (2) insert:
(3) A person who is dissatisfied with a decision made by the Commissioner
under this section may apply to the Court for a review of the Commissioner's
decision as if he or she were a party to proceedings before the
Commissioner.
Note—
See section 22.
(4) Nothing in this section limits the Commissioner's powers under
section 128B.
(5) No civil liability attaches to the Commissioner or the Crown in
respect of the exercise of a power in good faith under this section.
35—Amendment
of section 121—Disciplinary action
(1) Section 121(1)—delete paragraph (a) and
substitute:
(a) in the case of a person licensed under this Act—
(i) impose a condition on the licence (including a condition that varies
the trading hours in respect of the licence fixed or required by or under this
Act); or
(ii) vary, suspend or revoke a condition of the licence (other than a
condition under section 42);
(2) Section 121(7), definition of prescribed offence,
(b)—delete "or to a person in circumstances in which the person's speech,
balance, coordination or behaviour is noticeably impaired and it is reasonable
to believe that the impairment is the result of the consumption of
liquor"
36—Amendment
of section 122—Powers of authorised officers
Section 122(1) and (2)—delete subsections (1)
and (2) and substitute:
(1) An authorised officer may, at any reasonable time, do 1 or more
of the following:
(a) enter, remain on and inspect licensed premises (and, if entry is
refused, may employ such force as is reasonably necessary to gain
entry);
(b) require any person (whether on licensed premises or otherwise) who has
possession of books of account, records required to be kept under this Act or
any other records relevant to a business conducted under a licence, or to
transactions involving the sale or purchase of liquor, to produce those books of
account or records for inspection;
(c) examine, copy or take extracts from such books of account or
records;
(d) remove and retain such books of account or records for so long as is
reasonably necessary for the purpose of making a copy of the book of account or
record;
(e) require any person who is in a position to provide information
relating to the sale, purchase or supply of liquor to answer any question put by
the authorised officer on that subject;
(f) require any such person to state his or her full name and address and
date of birth.
37—Amendment
of section 124—Power to refuse entry or remove intoxicated persons or
persons guilty of offensive behaviour
(1) Section 124(1)(b)—delete paragraph (b)
(2) Section 124(2)—delete subsection (2) and
substitute:
(2) An authorised person may, if necessary, use reasonable force to remove
a person from licensed premises if the authorised person reasonably suspects
that the person has supplied, or is about to supply, liquor to an intoxicated
person on the licensed premises.
38—Amendment
of section 128B—Power of Commissioner to issue public order and safety
notice
(1) Section 128B(2)(b)—after "licence" insert:
(including a condition that varies the trading hours in respect of the
licence fixed or required by or under this Act)
(2) Section 128B(2)(c)—delete "fixed by the licensing authority
in relation to the licence" and substitute:
in respect of the licence fixed or required by or under this Act
(3) Section 128B(7)—delete subsection (7) and
substitute:
(7) The Commissioner must provide a report to the Minister on the
operation of this section at least once in every 12 month period.
(4) Section 128B—after subsection (8) insert:
(9) In legal proceedings, a certificate apparently signed by the Minister
certifying an approval of a period for the purposes of subsection (4) is,
in the absence of proof to the contrary, proof of the matter
certified.
39—Amendment
of section 131—Control of consumption etc of liquor in public
places
(1) Section 131(1)—delete subsection (1) and
substitute:
(1) The Minister may,
by notice in the Gazette, prohibit the consumption or possession or both of
liquor in the public place or public places specified in the notice.
(1a) The Commissioner
may, by notice in the Gazette, prohibit the consumption or possession or both of
liquor in the public place or public places specified in the notice during the
period (not exceeding 14 days) specified in the notice.
(1b) A person who contravenes a prohibition under
subsection (1) or
(1a) is guilty of an
offence.
Maximum penalty: $1 250.
Expiation fee: $160.
(2) Section 131(2)—delete "prohibition imposed for the purposes
of subsection (1)" and substitute:
notice under
subsection (1) or
(1a)
(3) Section 131(2)—after paragraph (c) insert:
(d) may exempt a specified person, or class of persons, from the operation
of the prohibition.
(4) Section 131—after subsection (3) insert:
(4) The regulations may make further provisions in relation to a
prohibition under this section (including, to avoid doubt, by exempting a
person, or a person of a class, from the operation of this section).
40—Amendment
of section 131A—Failing to leave licensed premises on
request
(1) Section 131A(2)(c)—delete paragraph (c)
(2) Section 131A(2)(d)—delete paragraph (d) and
substitute:
(d) it is reasonable to suspect that the person has supplied, or is about
to supply, liquor to an intoxicated person on the licensed premises;
or
41—Amendment
of section 138—Regulations
Regulation 138—after subsection (2) insert:
(2a) A regulation may make provisions of a saving or transitional
nature.
Schedule 1—Transitional
provisions
(1) Subject to this
clause, a person who was, immediately before the commencement of this clause,
approved as a responsible person for the business conducted under a particular
licence in accordance with section 71 of the Liquor
Licensing Act 1997 (as in force before the commencement of this
clause) will be taken to be approved as a responsible person under
section 71 of that Act, as amended by this Act.
Note—
A natural person may be a responsible person in respect of any licensed
premises pursuant to section 71, as amended.
(2) Subject to the Liquor
Licensing Act 1997, an approval contemplated by
subclause (1) will
be taken to be subject to any conditions, or suspension, that applied to the
approval immediately before the commencement of this clause.
(3) Nothing in this clause operates to revive an approval that was revoked
under the Liquor
Licensing Act 1997 (as in force before the commencement of this
clause).
2—Certain
conditions taken to be validly imposed etc
A condition limiting the times when liquor may be sold under a licence, or
limiting in some other way the authority conferred by the licence, purportedly
imposed on a licence before the commencement of this clause will for all
purposes be taken to have been validly imposed or varied (as the case
requires).