Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 146

    (1)     A senior police officer may order (an emergency closure order ) a licensee, or permit-holder, to close licensed premises, or permitted premises, if the officer believes on reasonable grounds that—

        (a)     a breach of this Act has happened, or is likely to happen; and

        (b)     the closure of the premises is necessary to prevent or reduce a significant threat or significant risk to the safety of the community.

    (2)     Without limiting subsection (1), the circumstances in which there may be a significant threat or significant risk to the safety of the community include circumstances in which there is—

        (a)     a threat to public health or safety; or

        (b)     a risk of substantial damage to property; or

        (c)     a significant threat to the environment; or

        (d)     a risk of an offence against a law of the ACT, with a maximum penalty of imprisonment for 2 years or more, being committed at the premises.

    (3)     An emergency closure order must not require the closure of premises for longer than a continuous period of 24 hours.

    (4)     If an emergency closure order is made under subsection (1), a police officer must, in writing, tell the licensee or permit-holder—

        (a)     the name of the senior police officer making the order; and

        (b)     when the order starts; and

        (c)     when the order ends.

Note     An emergency closure notice for the emergency closure order must be given to the licensee or permit-holder as soon as practicable after the order is made (see s 147 (1)).

    (5)     If an emergency closure order is in force for licensed premises, or permitted premises, the licence, or permit, is suspended for the period of the order.