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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Entertainment on Licensed Premises)
Amendment Bill 2015
A BILL FOR
An Act to amend the
Liquor
Licensing Act 1997
.
Contents
Part 2—Amendment of Liquor Licensing
Act 1997
4Amendment of section 52—Certain
applications to be advertised
5Amendment of section 57—Requirements for
premises
6Amendment of section 77—General right of
objection
105Entertainment on
licensed premises
Schedule 1—Transitional
provisions
2Certain consents under
section 105 of the Liquor Licensing Act 1997 to continue in
force
3Commissioner may grant
transitional entertainment consents
4Certain entertainment conditions of licences to
be of no effect
5Commissioner may revoke or vary conditions of
licences etc for transitional purposes
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Entertainment on Licensed
Premises) Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
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
4—Amendment
of section 52—Certain applications to be advertised
Section 52(1)(g)—delete paragraph (g) and substitute:
(g) consent of the licensing authority under section 105;
5—Amendment
of section 57—Requirements for premises
Section 57—after subsection (1) insert:
(1a) However, the licensing authority must, in respect of the operation of
subsection (1)(b)(i), disregard any entertainment that may be provided on
the premises without the consent of the licensing authority under
section 105.
6—Amendment
of section 77—General right of objection
Section 77—after subsection (5) insert:
(6) However—
(a) the grounds of an objection cannot relate to entertainment that may be
provided on the premises or proposed premises without the consent of the
licensing authority under section 105 (and any objection relating to such
entertainment will, to the extent that it so relates, will be taken to be void
and of no effect); and
(b) the licensing authority must, in respect of the operation of this
section, disregard any entertainment that may be provided on the premises
without the consent of the licensing authority under section 105.
Section 105—delete section 105 and substitute:
105—Entertainment on licensed
premises
(1) A licensee must not use any part of licensed premises for the purpose
of providing entertainment between the hours of midnight and 11 am except
in accordance with the consent of the licensing authority.
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 for the purpose
of providing prescribed entertainment except in accordance with the consent of
the licensing authority.
Maximum penalty:
(a) for a first offence—$10 000;
(b) for a second or subsequent offence—$20 000.
Expiation fee: $1 200.
(3) The licensing authority may only grant its consent under this section
if satisfied that—
(a) the giving of the consent is consistent with the objects of this Act;
and
(b) the entertainment is unlikely to give undue offence to people who
reside, work or worship in the vicinity of the premises.
(4) The consent of the licensing authority under this
section—
(a) may be conditional or unconditional; and
(b) may be varied or revoked by the licensing authority.
(5) For the purposes of this section, a reference to licensed
premises will be taken to include a reference to any area adjacent to
the licensed premises that is under the control of the licensee for the licensed
premises.
(6) In this section—
prescribed entertainment means—
(a) entertainment of a sexually explicit nature; or
(b) a professional or public boxing or martial art event within the
meaning of the
Boxing
and Martial Arts Act 2000
; or
(c) any other entertainment of a kind prescribed by the regulations for
the purposes of this definition,
but does not include entertainment of a kind excluded by the regulations
from the ambit of this definition.
Schedule 1—Transitional
provisions
(1) In this Schedule—
consent means a consent granted under section 105 of the
Liquor
Licensing Act 1997
(as in force before the commencement of
section 7
of this Act);
entertainment has the same meaning as in the
Liquor
Licensing Act 1997
;
entertainment condition means a condition of a licence or
consent that has the effect of limiting the entertainment that may be provided
on licensed premises, or any area adjacent to licensed premises, or the methods
by which such entertainment may be provided or promoted, but does not
include—
(a) a condition referred to in section 35(2) or 40A(3) of the
Liquor
Licensing Act 1997
; or
(b) a condition relating to the provision of prescribed entertainment;
or
(c) a condition declared by the Commissioner not be an entertainment
condition;
licence, licensed premises and
licensee have the same meanings as in the
Liquor
Licensing Act 1997
;
prescribed entertainment has the same meaning as in
section 105 of the
Liquor
Licensing Act 1997
(as enacted by this Act).
(2) Nothing in this Schedule affects—
(a) a condition added to a licence, or varied, by an order made under
section 106 of the
Liquor
Licensing Act 1997
after the commencement of this clause; or
(b) the operation of any other Act or law.
Note—
For example, requirements relating to approvals under the
Development
Act 1993
.
2—Certain
consents under section 105 of the Liquor
Licensing Act 1997 to continue in force
(1) Subject to this
Schedule, a consent that is in force immediately before the commencement of this
clause will be taken to—
(a) continue in force according to its terms; and
(b) be subject to any conditions to which it was subject immediately
before the commencement of this clause; and
(c) be a consent granted by the licensing authority under section 105
of the
Liquor
Licensing Act 1997
(as enacted by this Act).
(2) An entertainment condition of a consent referred to in
subclause (1)
that purports to have effect between the hours of 11 am and midnight
on any day will be taken to be of no effect during those hours.
3—Commissioner
may grant transitional entertainment consents
(1) This clause applies in relation to a licensee who, in the
12 months preceding the commencement of this clause, was lawfully using
licensed premises the subject of the licence, or any area adjacent to the
licensed premises, for the purpose of providing prescribed
entertainment.
(2) The Commissioner may, on application or on his or her own motion,
grant his or her consent for a licensee to whom this clause applies to use part
of licensed premises for the purpose of providing prescribed
entertainment.
(3) An application under this clause must be made in a manner and form
determined by the Commissioner.
(4) A consent under this clause may be conditional or
unconditional.
(5) A consent under this clause will be taken to be a consent granted
under section 105 of the
Liquor
Licensing Act 1997
(as enacted by this Act).
(6) If the Commissioner grants a consent under this
clause—
(a) any previous consent granted to the licensee under section 105 of
the
Liquor
Licensing Act 1997
before the commencement of this clause is, by force of this subclause,
revoked; and
(b) any condition of the previous consent that, pursuant to that section,
has effect as a condition of the licence will be taken to be of no
effect.
(7) To avoid doubt, the following provisions of the
Liquor
Licensing Act 1997
do not apply in respect of the operation of this clause:
(a) section 22;
(b) Part 4;
(c) section 105(3) (as enacted by this Act).
4—Certain
entertainment conditions of licences to be of no effect
Without limiting
clause 2
or
3
, an entertainment condition of a licence that purports to have effect
between the hours of 11 am and midnight on any day will be taken to be of
no effect during those hours.
5—Commissioner
may revoke or vary conditions of licences etc for transitional
purposes
(1) The Commissioner may, on application or on his or her own motion, add,
substitute, vary or revoke a condition of a licence or a consent if, in the
opinion of the Commissioner, it is necessary or desirable to do so as a
consequence of the enactment of this Act.
(2) An application under this clause must be made in a manner and form
determined by the Commissioner.
(3) To avoid doubt, the following provisions of the
Liquor
Licensing Act 1997
do not apply in respect of the operation of this clause:
(a) section 22;
(b) section 43;
(c) Part 4;
(d) section 105(3) (as enacted by this Act).