Victorian Numbered Acts

LIQUOR CONTROL REFORM FURTHER AMENDMENT ACT 2011 (NO. 71 OF 2011) - SECT 18

After Part 4 of the Principal Act insert —

" PART 4A—DEMERITS REGISTER

        86A     Demerits Register

The Commission must keep a Demerits Register and must record against a licence or permit any demerit points that are incurred in relation to that licence or permit.

        86B     Commission to record demerit points

    (1)     The Commission must record in the Register a demerit point against a licence or permit if the Commission is notified by an authorised notifier that a non-compliance incident has occurred in respect of the licensed premises.

    (2)     Despite anything to the contrary in this Part, the Commission must not record demerit points against a licence or permit in the Register if more than 12 months have elapsed since the Commission was notified by an authorised notifier of the non-compliance incident.

    (3)     In this Part, a reference to a licence or permit does not include a licence granted under section 14(1A) or 14A.

        86C     Record of day on which offence was committed

The Commission must record demerit points in the Register in relation to the day the offence that is the basis of the non-compliance incident to which the demerit point relates is alleged to have been committed.

        86D     Commission must notify licensee or permittee when demerit point is incurred

    (1)     If a demerit point has been incurred in respect of a licence or permit, the Commission must give the licensee or permittee a notice advising that the demerit point has been incurred.

    (2)     A notice under subsection (1) must contain the following details—

        (a)     details of the licence or permit;

        (b)     details of the offence that is alleged to have been committed which is the basis of the non-compliance incident to which the demerit point relates;

        (c)     the date on which the demerit point was recorded in the Register;

        (d)     the total number of demerit points recorded against the licence or permit in the previous 3 years.

        86E     Automatic suspension of licence or permit if certain number of demerit points incurred

    (1)     The Commission must suspend a licence or permit—

        (a)     in the case of a licence or permit that has accrued 5 demerit points in a 3 year period, for 24 hours, commencing during ordinary trading hours;

        (b)     in the case of a licence or permit that has accrued 10 demerit points in a 3 year period, for 7 days, commencing during ordinary trading hours;

        (c)         in the case of a licence or permit that has accrued 15 demerit points in a 3 year period, for 28 days, commencing during ordinary trading hours.

    (2)         For the purposes of subsection (1), the 3 year period commences on the date that the first demerit point is recorded on the Register.

    (3)     For the purposes of subsection (1), a suspension must not commence on a day which is not during the authorised trading hours of the licence.

    (4)     If the Commission suspends a licence or permit under subsection (1)(c), the Commission must, when calculating demerit points recorded against the licence or permit at any time after the period of suspension, disregard all demerit points recorded against the licence or permit as at the date of suspension.

    (5)     A suspension under this section must commence—

        (a)     on the same day of the week as the day that the alleged offence that is the basis of the non-compliance incident occurred that resulted in the latest demerit point being recorded; or

Example

If an offence that results in a licence's 5th demerit point being recorded occurs on a Friday, the 24 hour suspension must commence on a subsequent Friday.

        (b)     if the alleged offence that is the basis of the non-compliance incident that resulted in the latest demerit point being recorded occurred between 12.01am and 7.00am, on the same day of the week as the previous day of the week that the incident occurred; or

Example

If an offence that results in a licence's 5th demerit point being recorded occurs at 12.01am on a Sunday, the 24 hour suspension must commence on a subsequent Saturday.

        (c)     if the alleged offence that is the basis of the non-compliance incident that resulted in the latest demerit point being recorded occurred on a day that was not ordinarily part of the licensee's authorised trading hours, on the next day that falls within the licensee's authorised trading hours.

        86F     Date of commencement of suspension

The date of commencement of a suspension under section 86E must be a day no less than 14 days after the date of a notice under section 86G and no more than 60 days after the date that the latest demerit point was recorded on the Register.

        86G     Notice of suspension

If a licence or permit is to be suspended under section 86E, the Commission must give a notice to the licensee or permittee containing the following details—

        (a)         details of the licence or permit to which the suspension relates;

        (b)     the period of the suspension;

        (c)     the date the suspension commences;

        (d)     the date the suspension ends;

        (e)     any other prescribed details.

        86H     Minister may suspend, cancel or delay a suspension

    (1)     The Minister may suspend, cancel or delay the suspension of a licence or permit under section 86E if the Minister is satisfied that the cost to the community of the suspension outweighs the benefit of the suspension.

    (2)     If a licensee or permittee makes an application under this section, the suspension of the licence or permit under section 86F does not take effect until the Minister determines the application.

        86I     Commission may deduct demerit points

    (1)     If a licence or permit that has accrued demerit points has been transferred under section 32, the new licensee or permittee may apply to the Commission to remove any demerit points from the Register accrued in respect of the licence or permit before the transfer.

    (2)     An application under subsection (1) must be accompanied by the prescribed fee.

    (3)     The Commission must not remove any demerit points under subsection (1) unless the Commission is satisfied that the new licensee or permittee has taken sufficient measures in respect of the licence or permit to improve compliance with this Act.

    (4)     For the purposes of subsection (3), factors that the Commission may consider include but are not limited to—

        (a)     written evidence that the new licensee or permittee has no business or family association with the previous licensee, permittee or the nominee of the licensee or permittee or any associates of the licensee or permittee;
s. 18

        (b)     evidence of a change of management practices or staff training.

        86J     Demerit point automatically deducted after 3 years

The Commission must remove a demerit point from the Register on the day immediately after 3 years have expired since the date the demerit point was incurred.

        86K     Commission may publish details of licences and permits

    (1)     The Commission may publish the following details on its website—

        (a)     details of any licence or permit that appear on the licence or permit;

        (b)     details of a licence or permit that has accrued demerit points, including details of the licensee or permittee or nominee of the licensee or permittee;

        (c)     a copy of any licence or permit;

        (d)     the total accumulated demerit points relating to a licence or permit;

        (e)     any other prescribed information.

    (2)     To the extent necessary to give effect to subsection (1), sections 32 and 33 of the Infringements Act 2006 do not apply.

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