South Australian Numbered Acts

LIQUOR LICENSING (LIQUOR REVIEW) AMENDMENT ACT 2017 (NO 49 OF 2017) - SECT 71

71—Amendment of section 110—Sale and supply of liquor to minors on licensed premises

        (1)         Section 110(1)—delete "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" and substitute:

each of the following persons is guilty of an offence:

            (a)         the licensee;

            (b)         if the licence in respect of the licensed premises is held by a trust or corporate entity, each person occupying a position of authority in the trust or corporate entity;

            (c)         the responsible person for the licensed premises;

            (d)         the person by whom the liquor is sold or supplied.

        (2)         Section 110(1), penalty provision, (a)—delete "the licensee or" and substitute:

the licensee, a person in a position of authority in the trust or corporate entity that holds the licence or the

        (3)         Section 110(1)—after the penalty provision insert:

Expiation fee: $1 200.

        (4)         Section 110(1a)—after the penalty provision insert:

Expiation fee: $1 200.

        (5)         Section 110(2)—after the penalty provision insert:

Expiation fee: $1 200.

        (6)         Section 110—after subsection (2) insert:

        (2a)         In any proceedings for an offence against subsection (1) where it is alleged that a minor was sold or supplied liquor on particular licensed premises, the allegation constitutes proof that the sale or supply occurred on the licensed premises in the absence of proof to the contrary.

        (2b)         In any proceedings for an offence against subsection (2) where it is alleged that a minor consumed liquor on particular licensed premises, the allegation constitutes proof that the consumption occurred on the licensed premises in the absence of proof to the contrary.

        (7)         Section 110(3)—after "or (2)" insert:

for the defendant

        (8)         Section 110(4), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

            (a)         in the case of the person acting at the request of the minor—$10 000;

            (b)         in the case of the minor—$2 500.

Expiation fee:

            (a)         in the case of the person acting at the request of the minor—$500;

            (b)         in the case of the minor—$210.

        (9)         Section 110—after subsection (4) insert:

        (4a)         A minor who consumes or has possession of liquor on licensed premises is guilty of an offence.

Maximum penalty: $ 2 500.

Expiation fee: $210.