South Australian Numbered Acts South Australian Numbered Acts22—Substitution of Part 3 Division 2
Part 3 Division 2—delete the Division and substitute:
Division 2—Licences
Subdivision 1—Authorised trading in liquor
31—Authorised trading in liquor
(1) Subject to this Act, a licence authorises the licensee to sell and supply liquor in accordance with the terms and conditions of the licence (including the trading hours fixed by the licensing authority).
(2) There will be the following classes of ongoing licences (see Subdivision 2
):
(a) general and hotel licence;
(b) on premises licence;
(c) residential licence;
(d) restaurant and catering licence;
(e) club licence;
(f) packaged liquor sales licence;
(g) liquor production and sales licence;
(h) small venue licence.
(3) There will be a class of temporary licence known as a short term licence (see Subdivision 3
).
Subdivision 2—Ongoing licences
32—General and hotel licence
Subject to this Act and the conditions of the licence, a general and hotel licence authorises the licensee—
(a) to sell liquor on the licensed premises at any time for consumption on the licensed premises; and
(b) to sell liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between 8 am and 10 pm for consumption off the licensed premises; and
(c) to sell liquor at any time on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and
(d) to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is despatched and delivered only between the hours of 8 am and 9 pm).
33—On premises licence
Subject to this Act and the conditions of the licence, an on premises licence authorises the licensee to sell liquor at any time for consumption on the licensed premises.
34—Residential licence
(1) Subject to this Act and the conditions of the licence, a residential licence authorises the licensee to sell liquor on the licensed premises at any time—
(a) to a resident on licensed premises for consumption on or off the licensed premises; and
(b) to a guest of a resident on the licensed premises for consumption on the licensed premises, if the resident is also present on the licensed premises; and
(c) to a person dining on the licensed premises for consumption with or ancillary to a meal provided by the licensee; and
(d) for consumption on the licensed premises to a person—
(i) attending a reception; or
(ii) attending a function at which food is provided; or
(iii) seated at a table.
(2) A residential licence is subject to the condition that business must be conducted at the licensed premises such that the provision of accommodation to members of the public is at all times the primary service provided to the public at the premises, except as otherwise allowed by a condition of the licence.
35—Restaurant and catering licence
(1) Subject to this Act and the conditions of the licence, a restaurant and catering licence—
(a) authorises the consumption of liquor on the licensed premises at any time with or ancillary to a meal provided by the licensee; and
(b) authorises the licensee to sell liquor at any time for consumption on the licensed premises—
(i) with or ancillary to a meal provided by the licensee or in prescribed circumstances; or
(ii) to a person—
(A) attending a function at which food is provided; or
(B) seated at a table; and
(c) authorises the licensee to sell liquor in accordance with a condition under subsection (3)
.
(2) A restaurant and catering licence is subject to the condition that business must be conducted at the licensed premises such that the supply of meals is at all times the primary service provided to the public at the premises, except as otherwise allowed by a condition of the licence.
(3) For the purposes of subsection (1)(c)
, the conditions of a restaurant and catering licence may authorise the licensee to sell or supply liquor for consumption at the site of a function off the licensed premises by persons attending the function, provided that—
(a) food is provided by the licensee at the function; and
(b) the licensee has been given notice of the function at least 24 hours before the function; and
(c) the licensee maintains records relating to the function in accordance with any requirements of the licensing authority,
and the licensed premises are, for the period during which the licensee is so authorised to sell or supply liquor, to be regarded as including the site at which the function is held.
36—Club licence
(1) Subject to this Act and the conditions of the licence, a club licence authorises the licensee—
(a) to sell liquor at any time for consumption on the licensed premises;
(b) to sell liquor on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and
(c) to sell liquor at any time through direct sales transactions to a member of the club (provided that, if the liquor is to be delivered to an address in this State, the liquor is despatched and delivered only between the hours of 8 am and 9 pm).
(2) In addition, the licensing authority may include a condition on a club licence authorising the sale of liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between 8 am and 10 pm for consumption off the licensed premises.
(3) A club licence is subject to the condition that the licence does not authorise the sale of packaged liquor from a facility commonly known as a drive-in or drive through bottle shop.
(4) In addition, a club licence is subject to the following conditions:
(a) if there is a change to the composition of the committee of management of the club, the club will, within 14 days, give the Commissioner notice of the change in the form and containing the information required by the Commissioner;
(b) if the licensing authority notifies the club that it considers that any member of the committee of management of the club is not a fit and proper person to be in a position of authority in the club, the club will immediately take action to have that person removed from the committee of management.
(5) A club licence may only be held by a club 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.
(6) However, the licensing authority may grant a club licence to a trustee for an association if satisfied that—
(a) the association is unable to become incorporated; or
(b) it is inappropriate to require the incorporation of the association.
(7) A club is not eligible to hold a club licence unless the licensing authority is satisfied that—
, the club will be entitled to exclusive possession of the licensed premises at times when the sale of liquor is authorised by the licence; and
(b) the rules of the club also make appropriate provision for—
(i) management of the affairs of the club by a management committee elected by the general body of members; and
(ii) regular meetings of the general body of members and the management committee; and
(iii) admission to membership of the club; and
(iv) the payment of subscriptions by the ordinary members of the club; and
(v) the keeping of proper records of the proceedings of the club and its financial affairs.
does not apply to licensed premises in respect of which 2 or more clubs licences are granted if—
(a) only those licensees are entitled to exclusive possession of the premises at times when the sale of liquor is authorised by the relevant licences; and
(b) each licensee maintains a register in accordance with section 48(3)(b).
(9) The licensing authority may endorse a club licence with an authorisation to sell or supply liquor on a site used for club activities specified in the endorsement during an event specified in the endorsement for consumption on or off the site as specified in the endorsement (a "club event endorsement ), except if the licensing authority is of the opinion that the trade to be authorised by the endorsement would, in view of the likely scale or nature of the event or for any other reason, be better authorised by a short term licence or licence of some other category.
(10) A club licence with a club event endorsement authorises the licensee to sell or supply liquor in accordance with the endorsement and the licensed premises are, for the period for which the licensee is so authorised to sell or supply liquor, to be regarded as including any site specified in the endorsement.
(11) The licensing authority may endorse a club licence held by a club with an authorisation to sell or supply liquor to, or allow the consumption of liquor by, members of the club on a public conveyance specified in the endorsement for the purposes of transporting members to and from club activities specified in the endorsement (a "club transport endorsement").
(12) A club licence with a club transport endorsement authorises the licensee to sell or supply, or allow the consumption of, liquor in accordance with the endorsement and the licensed premises are, for the period for which the licensee is so authorised, to be regarded as including any public conveyance specified in the endorsement.
37—Small venue licence
(1) Subject to this Act and the conditions of the licence, a small venue licence authorises the licensee to sell liquor on the licensed premises for consumption on the licensed premises between 8 am on 1 day and 2 am the following day.
(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 is subject to a condition limiting the number of patrons that can be on the licensed premises at any 1 time to not more than 120 (or a lesser number determined by the licensing authority).
(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 the Minister thinks fit with the prescribed bodies in relation to any proposed regulations declaring an area to be a prescribed area.
38—Packaged liquor sales licence
(1) Subject to this Act and the conditions of the licence, a packaged liquor sales licence authorises the licensee—
(a) to sell liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between the hours of 8 am and 10 pm for consumption off the licensed premises; and
(b) to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is despatched and delivered only between the hours of 8 am and 9 pm); and
(c) to sell or supply liquor by way of sample for consumption on the licensed premises.
(2) A packaged liquor sales licence is subject to the condition that the licence does not authorise the sale of packaged liquor from a facility commonly known as a drive-in or drive through bottle shop.
(3) In addition, it is a condition of a packaged liquor sales licence that the licensed premises must be devoted entirely to the business conducted under the licence and must be physically separate from premises used for other commercial purposes.
Note—
Goods may be sold in the same premises if they are of the kind normally associated with, and incidental to, the sale of liquor (eg glasses, decanters, cheeses and pates).
(4) For the purposes of subsection (3)
, licensed premises will not be regarded as physically separate from premises used for other commercial purposes unless—
(a) the licensed premises are separated from the other premises by a permanent barrier that is not transparent and is of a height of at least 2.5 metres; and
, the licensed premises cannot be accessed from the other commercial premises.
(5) If licensed premises and other commercial premises, being premises at which goods are sold to the public by retail, are located within a shopping centre and the licensed premises can only be accessed from the other commercial premises by use of a common area within the shopping centre (such as a mall or thoroughfare), it will be taken for the purposes of subsection (4)(b)
that the licensed premises cannot be accessed from the other commercial premises.
(6) The licensing authority may grant an exemption from the condition under subsection (3)
if, in the opinion of the licensing authority, it is in the public interest to do so.
Note—
For example, a general store in a regional location might satisfy the licensing authority that it is in the public interest that an exemption from the condition in subsection (3)
be granted.
(7) A packaged liquor sales licence may only be granted in respect of premises of a prescribed kind if the licensing authority is satisfied that there is a proper reason to do so.
39—Liquor production and sales licence
(1) Subject to this Act and the conditions of the licence, a liquor production and sales licence authorises the licensee—
(a) to sell liquor (including the licensee's product) by wholesale on the licensed premises at any time for consumption off the licensed premises; and
(b) to sell liquor (other than the licensee's product) by retail in an aggregate quantity of 4.5 litres or more on the licensed premises for consumption off the licensed premises; and
(c) to sell the licensee's product by retail on the licensed premises at any time for consumption on or off the licensed premises; and
(d) to sell liquor (including the licensee's product) at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is despatched and delivered only between the hours of 8 am and 9 pm); and
(e) to sell or supply liquor (including the licensee's product or, for the purposes of comparison with the licensee's product, other liquor of the same type as the licensee's product) by way of sample for consumption on the licensed premises; and
(f) to sell liquor at any time on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and
(g) to sell liquor at any time for consumption on the licensed premises—
(i) with or ancillary to a meal provided by the licensee; or
(ii) to a person—
(A) attending a function at which food is provided; or
(B) seated at a table.
(2) The following rules apply for the purposes of subsection (1)
:
(a) if a licensee has production premises—the licensed premises may be comprised of either a production outlet, retail outlet or wholesale outlet or a combination of such outlets;
(b) if a licensee does not have production premises—the licensed premises may be comprised of a retail outlet or wholesale outlet (or both);
(c) a production outlet must be comprised of—
(i) the whole or a part of the licensee's production premises; or
(ii) premises that are adjacent to the licensee's production premises and approved by the licensing authority for the purpose;
(d) a retail outlet and a wholesale outlet must be comprised of premises approved by the licensing authority for the purpose.
(3) The same premises may be shared by 2 or more licensees—
(a) as a retail outlet or wholesale outlet for each of the licensees; or
(b) as a production outlet for 1 licensee and as a retail outlet or wholesale outlet for the other licensees,
but the licensing authority must not grant a licence resulting in the same premises being so shared if of the opinion that the trade to be authorised at the premises would, in view of the number of licensees involved or the nature and extent of the trade or for any other reason, be better authorised by a packaged liquor sales licence or a licence of some other category.
(4) To the extent that licensees share the same premises as referred to in subsection (3)
—
(a) the part of the premises that is shared is referred to as a "collective outlet"; and
(b) for the purposes of the application of this Act to the part of the premises that is shared, a single liquor production and sales licence will be taken to be held for that part of the premises jointly by the licensees.
(5) The licensing authority may endorse a liquor production and sales licence with an authorisation to sell or supply liquor on a site specified in the endorsement during an event specified in the endorsement for consumption on or off the site as specified in the endorsement (a "production and sales event endorsement ), except if the licensing authority is of the opinion that the trade to be authorised by the endorsement would, in view of the likely scale or nature of the event or for any other reason, be better authorised by a short term licence or licence of some other category.
(6) A liquor production and sales licence with a production and sales event endorsement authorises the licensee to sell or supply liquor in accordance with the endorsement and the licensed premises are, for the period for which the licensee is so authorised to sell or supply liquor, to be regarded as including any site specified in the endorsement.
(7) For the purposes of this section, liquor is to be regarded as a licensee's product if—
(a) in the case of beer—it was brewed by or at the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or
(b) in the case of spirits—it was produced by or at the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or
(i) the wine was fermented by or under the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or
(ii) the wine was produced by blending wine produced from Australian primary produce and a substantial proportion of the blended wine was fermented by or under the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product; or
(iii) the wine was produced by blending wine produced from Australian primary produce by or at the direction of the licensee (or a related body corporate) in accordance with, and during a period specified in, an approval granted by the licensing authority under subsection (8)
and is uniquely the licensee's (or the related body corporate's) own product; or
(d) in the case of other liquor—it was produced by or at the direction of the licensee (or a related body corporate) and is uniquely the licensee's (or the related body corporate's) own product.
(8) The licensing authority may, on application by a licensee, grant an approval for the purposes of subsection (7)(c)(iii)
if satisfied that circumstances beyond the control of the licensee warrant the licensee being authorised to produce wine during the period to be specified in the approval other than wine comprised of, or including a substantial proportion of, wine fermented by or under the direction of the licensee (or a related body corporate).
(9) In this section—
"licensee" means the holder of a liquor production and sales licence;
"production of liquor" includes any step in production including the growing of grapes or other primary produce for production of liquor;
"production premises" of a licensee means premises to be occupied and used by the licensee for the production of liquor.
Subdivision 3—Short term licence
40—Short term licence
(1) Subject to this Act, a short term licence authorises—
(a) the licensee to sell or supply liquor; or
(b) the consumption of liquor,
in accordance with the conditions of the licence, in circumstances in which the sale, supply or consumption of liquor would otherwise be unlawful.
(2) A short term licence may only be granted for an event or occasion or series of events or occasions.
(3) The Commissioner may, in the Commissioner's absolute discretion, grant or refuse to grant a short term licence subject to such conditions as the Commissioner thinks fit.
(4) However, the Commissioner must refuse to grant a short term licence if satisfied that to grant the licence would be contrary to the public interest or would be inconsistent with the objects of the Act.
(5) The Commissioner may, by written notice to the licensee, in the Commissioner's absolute discretion—
(a) vary or revoke a condition of a short term licence (other than a mandatory condition under section 42) or impose further conditions on the licence; or
(b) revoke a short term licence if the Commissioner is satisfied that—
(i) it is in the public interest; or
(ii) there is some other proper reason,
to revoke the licence.
(6) No civil liability attaches to the Commissioner or the Crown in respect of the revocation of a short term licence in good faith under this section.
(7) The conditions of a short term licence may classify the licence for the purposes of the application of the Commissioner's codes of practice (and that classification may be varied by the Commissioner from time to time).
(8) The regulations may make further provision in relation to short term licences, including—
(a) providing for the classes of short term licences; and
(b) prescribing requirements relating to applications for each class of short term licence; and
(c) prescribing fees for each class of short term licence; and
(d) prescribing requirements in relation to fees in respect of short term licences, including by providing for the cancellation of a short term licence if a fee in respect of the licence is not paid by the date on which the fee is due; and
(e) providing for the maximum term for which each class of short term licence may be granted, provided that the regulations cannot provide for any short term licence to be of a term of more than 5 years; and
(f) providing that a provision of Part 4 does not apply, or applies with prescribed variations, to an application for, or in relation to, a short term licence.
(9) Without limiting subsection (8)
, regulations made for the purposes of that subsection may provide for a matter referred to in subsection (8)
to be determined according to—
(a) the trade to be authorised by the licence; or
(b) the type and duration of any event or events to be held under the licence; or
(c) the resources related to the administration or enforcement of the Act in connection with the licence; or
(d) any other matter,
and for a matter to be determined according to the discretion of the Commissioner.
(10) Without limiting subsection (8)(c)
, section 50A does not apply to an application for, or in relation to, a short term licence.