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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Small Venue Licence) Amendment
Bill 2012
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 17—Division of
responsibilities between Commissioner and the Court
5Amendment of section
21—Power of Commissioner to refer questions to the Court
6Amendment of
section 22—Application for review of Commissioner's decision
7Amendment of
section 31—Authorised trading in liquor
8Insertion of section
40A
40ASmall venue
licence
9Amendment of section 53—Discretionary
powers of licensing authority
10Amendment to section 76—Other rights of
intervention
11Amendment of section 77—General right of
objection
12Insertion of section
77A
77ARight to make
submissions in relation to application for small venue licence
13Amendment
of section 105—Entertainment on licensed premises
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Small Venue Licence)
Amendment Act 2012.
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 17—Division of responsibilities between Commissioner and
the Court
(1) Section 17(1)(a)—after subparagraph (ii)
insert:
and
(iii) all applications to which section 52 applies that relate to a
small venue licence;
(2) Section 17—after subsection (1) insert:
(1a) Subsection (1)(b) does not apply to an application for, or in
relation to, a small venue licence.
5—Amendment
of section 21—Power of Commissioner to refer questions to the
Court
Section 21—after its present contents (now to be designated as
subsection (1)) insert:
(2) Subsection (1)(a) and (c) does not apply to an application
to which section 52 applies that relates to a small venue
licence.
6—Amendment
of section 22—Application for review of Commissioner's
decision
Section 22—after subsection (2) insert:
(2a) Despite subsection (2), an applicant for, or in relation to, a
small venue licence who is dissatisfied with a decision of the Commissioner in
relation to his or her application may apply to the Court for a review of the
decision.
(2b) Despite subsection (2), the Commissioner of Police may apply to
the Court for a review of the Commissioner's decision to grant an application
for, or in relation to, a small venue licence (however a review contemplated by
this subsection is limited to whether a particular person is a fit and proper
person, or whether the Commissioner's decision is contrary to the public
interest).
7—Amendment
of section 31—Authorised trading in liquor
Section 31(2)—after paragraph (j) insert:
(k) small venue licence.
After section 40 insert:
40A—Small venue licence
(1) A small venue licence—
(a) authorises the
licensee to sell liquor on the licensed premises for consumption on the licensed
premises between 11 am and midnight on any day (other than Good Friday or
Christmas Day); and
(b) if an extended
trading authorisation is in force—authorises the licensee to sell liquor
on the licensed premises for consumption on the licensed premises during the
whole or any part of the following hours as is specified in the
authorisation:
(i) on any day (other than Good Friday or Christmas Day) between 8 am
and 11 am;
(ii) on any day (other than the day after Good Friday or the day after
Christmas Day) between midnight and 2 am; and
(c) authorises the consumption of liquor on the licensed premises with or
ancillary to a meal provided by the licensee at any time the licensee is
authorised to sell liquor pursuant to a preceding paragraph.
(2) Without limiting any other provision of this Act, a small venue
licence can only be granted in respect of premises located, or to be located, in
a prescribed area.
(3) A small venue
licence must be subject to the following conditions:
(a) a condition limiting the number of patrons that can be on the licensed
premises at any one time to not more than 120 (or a lesser number
determined by the licensing authority);
(b) a condition prohibiting entertainment of a prescribed kind from being
provided on the licensed premises.
(4) In this section—
Adelaide central business district means the area of the City
of Adelaide bounded—
(a) on the north by the northern bank of the River Torrens; and
(b) on the south by the northern alignment of South Terrace; and
(c) on the east by the western alignment of East Terrace and its
prolongation north to the northern bank of the River Torrens; and
(d) on the west by the eastern alignment of West Terrace and its
prolongation north to the northern bank of the River Torrens;
prescribed area means—
(a) the Adelaide central business district; and
(b) any other area declared by the regulations to be a prescribed area for
the purposes of this section;
prescribed bodies means—
(a) if a proposed prescribed area falls wholly or partly within the area
of a council—the council; and
(b) any other body prescribed by the regulations for the purposes of this
definition.
(5) The Minister must consult in such manner as he or she thinks fit with
the prescribed bodies in relation to any proposed regulations declaring an area
to be a prescribed area.
9—Amendment
of section 53—Discretionary powers of licensing
authority
Section 53—after subsection (1) insert:
(1aa) Subject to this Act, the Commissioner has an absolute discretion to
grant or refuse an application for a small venue licence on any ground, or for
any reason, the Commissioner considers sufficient (but is not to take into
account an economic effect on other licensees in the locality affected by the
application).
10—Amendment
to section 76—Other rights of intervention
Section 76—after subsection (4) insert:
(5) This section does not apply to proceedings relating to an application
for, or in relation to, a small venue licence.
Note—
There is, however, a right to make submissions in relation to such
applications—see section 77A.
11—Amendment
of section 77—General right of objection
Section 77—after subsection (1) insert:
(1a) Subsection (1) does not apply to an application for, or in
relation to, a small venue licence.
Note—
There is, however, a right to make submissions in relation to such
applications—see section 77A.
After section 77 insert:
77A—Right to make submissions in relation to
application for small venue licence
(1) If an application
for, or in relation to, a small venue licence has been advertised under this
Part, any person may, by notice in the prescribed form lodged with the
Commissioner at least 7 days before the day appointed for the hearing of
the application, make submissions to the Commissioner in respect of the
application.
(2) The Commissioner must have regard to any submissions made pursuant to
subsection (1).
(3) The Commissioner may, in his or her absolute
discretion—
(a) call for further submissions to be made in relation to a particular
application; or
(b) call a hearing to allow the applicant to introduce evidence or make
representations.
13—Amendment
of section 105—Entertainment on licensed premises
(1) Section 105(1)—Delete "A licensee" and
substitute:
Subject to this section, a licensee
(2) Section 105—after subsection (1) insert:
(1a) Subsection (1) does not apply to a licensee of licensed premises
in respect of which a small venue licence is in force between 11 am and
midnight on any day that the licensed premises are open to the public for the
sale of liquor if—
(a) the conditions of the licence authorise the licensee to provide
entertainment; and
(b) the licensee complies with any conditions of the licence relating to
the provision of such entertainment,
(however nothing in this subsection authorises a licensee to provide
entertainment at the licensed premises at any other time without the consent of
the licensing authority).