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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Entertainment) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Liquor
Licensing Act 1997
.
Contents
Part 2—Amendment of Liquor Licensing
Act 1997
3Substitution of Part 6
Division 5
Division 5—Certain entertainment not to
be provided without consent
105Certain
entertainment not to be provided without consent
4Amendment of section 106—Complaint about
noise etc emanating from licensed premises
Schedule 1—Transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Entertainment) Amendment
Act 2015.
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
3—Substitution
of Part 6 Division 5
Part 6 Division 5—delete Division 5 and
substitute:
Division 5—Certain entertainment not to be provided
without consent
105—Certain entertainment not to be provided
without consent
(1) A licensee must not use any part of licensed premises, or any area
adjacent to the licensed premises, for the purpose of providing entertainment
between the hours of midnight and 11 am except in accordance with the
consent of the Commissioner.
Maximum penalty:
(a) for a first offence—$10 000;
(b) for a second or subsequent offence—$20 000.
Expiation fee: $1 200.
(2) A licensee must
not use any part of licensed premises, or any area adjacent to the licensed
premises, for the purpose of providing prescribed entertainment except in
accordance with the consent of the Commissioner.
Maximum penalty:
(a) for a first offence—$10 000;
(b) for a second or subsequent offence—$20 000.
Expiation fee: $1 200.
(3) A consent under this section—
(a) may be conditional or unconditional; and
(b) may be varied or revoked by the Commissioner.
(4) An application for consent under this section—
(a) must be made in a manner and form determined by the Commissioner;
and
(b) must be accompanied by such information as the Commissioner may
reasonably require to determine the application; and
(c) must be accompanied by the prescribed fee.
(5) In this section—
prescribed entertainment means—
(a) adult entertainment; and
(b) a professional or public boxing or martial art event (within the
meaning of the
Boxing
and Martial Arts Act 2000
),
but does not include entertainment of a kind excluded by the regulations
from the ambit of this definition.
4—Amendment
of section 106—Complaint about noise etc emanating from licensed
premises
(1) Section 106—after subsection (1) insert:
(1a) However, a complaint may only be lodged under this section in
relation to entertainment (other than prescribed entertainment) provided at
licensed premises in accordance with this Act on the grounds that the noise
emanating from the licensed premises is excessive.
(2) Section 106—after subsection (9) insert:
(10) In this section—
prescribed entertainment has the same meaning as in
section 105.
Schedule 1—Transitional
provisions
(1) A consent granted under section 105 of the
Liquor
Licensing Act 1997
and in force immediately before the commencement of
section 3
of this Act (other than a consent that authorises a licensee to provide
prescribed entertainment)—
(a) will, to the extent that it purports to have effect between the hours
of 11 am and midnight on any day, be taken to be of no effect;
and
(b) will otherwise continue in force according to its terms; and
(c) will be taken to be a consent granted by the Commissioner under
section 105 of that Act (as enacted by this Act),
and, to avoid doubt, any condition of the consent having effect as a
condition of the relevant licence pursuant to section 105(4) of that Act
(as in force before the commencement of
section 3
of this Act) will be taken to be of no effect between those
hours.
(2) A consent
granted under section 105 of the
Liquor
Licensing Act 1997
and in force immediately before the commencement of
section 3
of this Act that authorises a licensee to provide prescribed entertainment
(however described)—
(a) will be taken to be a consent granted by the Commissioner under
section 105 of that Act (as enacted by this Act); and
(b) will continue in force according to its terms.
(3) In this clause—
prescribed entertainment has the same meaning as in
section 105 of the
Liquor
Licensing Act 1997
(as enacted by this Act).