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This is a Bill, not an Act. For current law, see the Acts databases.


LIQUOR LICENSING (ENTERTAINMENT) AMENDMENT BILL 2015

South Australia

Liquor Licensing (Entertainment) Amendment Bill 2015

A BILL FOR

An Act to amend the Liquor Licensing Act 1997


.


Contents

Part 1—Preliminary


1Short title


2Amendment provisions


Part 2—Amendment of Liquor Licensing Act 1997


3Substitution of Part 6 Division 5


Division 5—Certain entertainment not to be provided without consent


105Certain entertainment not to be provided without consent


4Amendment of section 106—Complaint about noise etc emanating from licensed premises


Schedule 1—Transitional provisions


1Transitional provisions



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Liquor Licensing (Entertainment) Amendment Act 2015.

2—Amendment provisions

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

3—Substitution of Part 6 Division 5

Part 6 Division 5—delete Division 5 and substitute:

Division 5—Certain entertainment not to be provided without consent

105—Certain entertainment not to be provided without consent

(1) A licensee must not use any part of licensed premises, or any area adjacent to the licensed premises, for the purpose of providing entertainment between the hours of midnight and 11 am except in accordance with the consent of the Commissioner.

Maximum penalty:

(a) for a first offence—$10 000;

(b) for a second or subsequent offence—$20 000.

Expiation fee: $1 200.

(2) A licensee must not use any part of licensed premises, or any area adjacent to the licensed premises, for the purpose of providing prescribed entertainment except in accordance with the consent of the Commissioner.

Maximum penalty:

(a) for a first offence—$10 000;

(b) for a second or subsequent offence—$20 000.

Expiation fee: $1 200.

(3) A consent under this section—

(a) may be conditional or unconditional; and

(b) may be varied or revoked by the Commissioner.

(4) An application for consent under this section—

(a) must be made in a manner and form determined by the Commissioner; and

(b) must be accompanied by such information as the Commissioner may reasonably require to determine the application; and

(c) must be accompanied by the prescribed fee.

(5) In this section—

prescribed entertainment means—

(a) adult entertainment; and

(b) a professional or public boxing or martial art event (within the meaning of the Boxing and Martial Arts Act 2000


),

but does not include entertainment of a kind excluded by the regulations from the ambit of this definition.

4—Amendment of section 106—Complaint about noise etc emanating from licensed premises

(1) Section 106—after subsection (1) insert:

(1a) However, a complaint may only be lodged under this section in relation to entertainment (other than prescribed entertainment) provided at licensed premises in accordance with this Act on the grounds that the noise emanating from the licensed premises is excessive.

(2) Section 106—after subsection (9) insert:

(10) In this section—

prescribed entertainment has the same meaning as in section 105.

Schedule 1—Transitional provisions

1—Transitional provisions

(1) A consent granted under section 105 of the Liquor Licensing Act 1997


and in force immediately before the commencement of section 3


of this Act (other than a consent that authorises a licensee to provide prescribed entertainment)—

(a) will, to the extent that it purports to have effect between the hours of 11 am and midnight on any day, be taken to be of no effect; and

(b) will otherwise continue in force according to its terms; and

(c) will be taken to be a consent granted by the Commissioner under section 105 of that Act (as enacted by this Act),

and, to avoid doubt, any condition of the consent having effect as a condition of the relevant licence pursuant to section 105(4) of that Act (as in force before the commencement of section 3


of this Act) will be taken to be of no effect between those hours.

(2) A consent granted under section 105 of the Liquor Licensing Act 1997


and in force immediately before the commencement of section 3


of this Act that authorises a licensee to provide prescribed entertainment (however described)—

(a) will be taken to be a consent granted by the Commissioner under section 105 of that Act (as enacted by this Act); and

(b) will continue in force according to its terms.

(3) In this clause—

prescribed entertainment has the same meaning as in section 105 of the Liquor Licensing Act 1997


(as enacted by this Act).

 


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