South Australian Current Acts

LIQUOR LICENSING ACT 1997

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Objects
   4.      Interpretation
   5.      Resident on licensed premises
   6.      Persons with authority in a trust or corporate entity
   7.      Close associates
   7A.     Exemptions

   PART 2--Licensing authorities

           Division 1--The Commissioner and staff

   8.      Liquor and Gambling Commissioner
   9.      Inspectors and other officers
   10.     Delegation
   11.     Disclosure of information
   11AA.   Publication of determinations--confidential information
   11A.    Codes of practice
   11B.    Review of codes of practice
   11C.    Steps to avoid conflict with planning system

           Division 2--The Licensing Court of South Australia

   12.     Continuation of Court
   13.     Court to be court of record
   13A.    Seal
   14.     Constitution of the Court
   15.     Judges
   15A.    Registrar
   16.     Jurisdiction of the Court
   16A.    Rules

           Division 3--Division of responsibilities between the Commissioner and the Court

   17.     Division of responsibilities between Commissioner and the Court

           Division 4--Proceedings before the Commissioner

   18.     Proceedings before the Commissioner
   19.     Powers of Commissioner with respect to witnesses and evidence
   20.     Representation
   21.     Power of Commissioner to refer questions to the Court
   22.     Application for review of Commissioner's decision

           Division 5--Proceedings before the Court

   22A.    Time and place of sittings
   22B.    Adjournment from time to time and place to place
   22C.    Hearing in public
   23.     Proceedings before the Court
   24.     Powers with respect to witnesses and evidence
   24A.    Entry and inspection of property
   24B.    Injunctive remedies
   24C.    Punishment of contempts
   25.     Representation
   25A.    Intervention by Commissioner
   26.     Power to award costs
   27.     Appeal from orders and decisions of the Court
   28.     Reference of question of law

           Division 5A--Intervention by Commissioner of Police

   28AA.   Intervention by Commissioner of Police

           Division 6--Criminal intelligence

   28A.    Criminal intelligence

   PART 3--Licences

           Division 1--Requirement to hold licence

   29.     Requirement to hold licence
   30.     Cases where licence is not required

           Division 2--Licences

              Subdivision 1--Authorised trading in liquor

   31.     Authorised trading in liquor

              Subdivision 2--Ongoing licences

   32.     General and hotel licence
   33.     On premises licence
   34.     Residential licence
   35.     Restaurant and catering licence
   36.     Club licence
   37.     Small venue licence
   38.     Packaged liquor sales licence
   39.     Liquor production and sales licence

              Subdivision 3--Short term licence

   40.     Short term licence

              Subdivision 4--Interstate direct sales licence

   41.     Interstate direct sales licence

           Division 3--Conditions of licence

   42.     Mandatory conditions
   42A.    New Year's Eve trading in relation to certain licences
   43.     Power of licensing authority to impose conditions
   45.     Compliance with licence conditions

           Division 4--General provisions

   46.     Unauthorised sale or supply of liquor
   47.     How licences are to be held
   48.     Plurality of licences
   50.     Minors not to be licensees
   50A.    Annual fees
   50B.    Notification of certain variations to licences

   PART 4--Applications and submissions

           Division 1--Formal requirements

   51.     Form of applications
   51A.    Applications to be given to Commissioner of Police
   52.     Certain applications to be advertised
   52A.    Confidentiality of certain documents and material relevant to application

           Division 2--General powers and discretions of licensing authority

   53.     Discretionary powers of licensing authority
   53A.    Licensing authority to be satisfied that designated application is in community interest
   53B.    Community impact assessment guidelines
   54.     Order for determining applications
   55.     Provisions governing whether person is fit and proper

           Division 3--Application for new licence

   56.     Applicant to be fit and proper person
   57.     Requirements for premises
   59.     Certificate of approval for proposed premises
   59A.    Licence fee payable on grant of licence

           Division 4--Removal of licence

   60.     Premises to which licence is to be removed
   62.     Certificate of approval for removal of licence to proposed premises
   62A.    Removal of liquor production and sales licence in respect of outlet

           Division 4A--Addition of outlets to liquor production and sales licence

   62B.    Addition of outlets to liquor production and sales licence
   62C.    Certificate of approval for addition to liquor production and sales licence of proposed premises as outlet

           Division 5--Transfer of licence

   63.     Applicant for transfer must be fit and proper person
   64.     Limitation on sale or assignment of rights under licence
   65.     Transferee to succeed to transferor's liabilities and rights

           Division 5A--Special provision relating to amalgamation of certain clubs

   65A.    Special provision relating to amalgamation of certain clubs

           Division 6--Voluntary suspension and revocation of licence

   66.     Suspension and revocation of licence
   67.     Surrender of licence

           Division 7--Alteration and redefinition of licensed premises

   68.     Alteration and redefinition of licensed premises

           Division 8--Extension of trading area

   69.     Extension of trading area

           Division 8A--Alteration of endorsements

   69A.    Alteration of endorsements

           Division 9--Variation of non-statutory conditions of licence

   70.     Variation of non-statutory conditions of licence

           Division 10--Approval of management and control

   71.     Approval of management and control
   71AA.   Revocation of approval of responsible person

           Division 11--Lessor's consent

   72.     Consent of lessor or owner required in certain cases

           Division 12--Devolution of licensee's rights

   73.     Devolution of licensee's rights
   74.     Bankruptcy or winding up of licensee
   75.     Notice to be given of exercise of rights under this Division

           Division 13--Submissions in relation to applications

   76.     Commissioner of Police may make written submissions
   77.     General right to make written submissions
   78.     Further written submissions
   79.     Conciliation
   80.     Commissioner may refer matters to Court
   81.     Hearings etc
   82.     Variation of written submissions

   PART 6--Conduct of licensed business

           Division 1--Supervision and management

   97.     Supervision and management of licensee's business
   97A.    Direction to complete training--responsible persons
   98.     Approval of assumption of positions of authority in corporate or trust structures

           Division 2--Profit sharing

   99.     Prohibition of profit sharing

           Division 3--Supply of liquor to residents on licensed premises

   100.    Supply of liquor to residents on licensed premises
   101.    Record of residents on licensed premises

           Division 4--Removal and consumption of liquor

   102.    Restriction on taking liquor from licensed premises
   103.    Restriction on consumption of liquor in, and taking liquor from, licensed premises
   104.    Liquor may be brought onto, and removed from, licensed premises in certain cases

           Division 5--Regulation of prescribed entertainment

   105.    Prescribed entertainment on licensed premises

           Division 6--Noise

   106.    Complaint about noise etc emanating from licensed premises

           Division 7--Employment of minors

   107.    Minors not to be employed to serve liquor in licensed premises

           Division 7A--Sale of liquor through direct sales transaction

   107A.   Sale of liquor through direct sales transaction

           Division 8--Sale or supply to intoxicated persons

   108.    Liquor not to be sold or supplied to intoxicated persons

           Division 9--Miscellaneous requirements

   109.    Copy of licence etc to be kept on licensed premises
   109A.   Records of liquor transactions
   109B.   Returns

   PART 7--Minors

   109C.   Interpretation
   110.    Sale and supply of liquor to minors on licensed premises
   110A.   Supply of liquor to minors generally
   111.    Areas of licensed premises may be declared out of bounds to minors
   112.    Minors not to enter or remain in certain licensed premises
   113.    Notice to be erected
   113A.   Requirements relating to notices
   115.    Evidence of age may be required
   115A.   Seizure of evidence of age document
   116.    Power to remove or refuse entry to minors

   PART 7A--Offences relating to conduct on licensed premises etc

   117A.   Offensive or disorderly conduct

   PART 7B--Offences relating to criminal organisations

   117B.   Preliminary
   117C.   Report of Crime and Public Integrity Policy Committee
   117D.   Exclusion of persons wearing or carrying prohibited items
   117E.   Entering and remaining in licensed premises wearing or carrying a prohibited item
   117F.   Removal of person wearing or carrying prohibited item from premises

   PART 8--Disciplinary action

   118.    Application of Part
   119.    Cause for disciplinary action
   119A.   Commissioner's power to deal with disciplinary matter by consent
   119B.   Disciplinary action before Commissioner for certain matters
   120.    Disciplinary action before the Court
   120A.   Commissioner's power to suspend or impose conditions pending disciplinary action
   121.    Disciplinary action

   PART 9--Special powers and enforcement

           Division 1--Powers of entry etc

   122.    Powers of authorised officers
   123.    Power to enter and search premises and confiscate liquor

           Division 2--Power to remove or refuse entry

   124.    Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour

           Division 3--Power to bar

              Subdivision 1--Interpretation

   124A.   Interpretation

              Subdivision 2--Licensee barring orders

   125.    Licensee barring orders

              Subdivision 3--Police barring orders

   125A.   Commissioner of Police barring orders
   125B.   Police officer barring orders
   125C.   Offences
   125D.   Evidence

              Subdivision 4--Miscellaneous

   125E.   Power to require personal details
   126.    Orders
   127.    Power to remove person who is barred
   128.    Review of orders
   128A.   Reports on barring orders
   128AB.  Commissioner of Police to report to Minister for Police on barring orders

           Division 4--Public order and safety

   128B.   Power of Commissioner to issue public order and safety notice
   128C.   Power of police to clear or close licensed premises etc

   PART 9A--Liquor accords

   128D.   Interpretation
   128E.   Preparation of draft local liquor accords
   128F.   Terms of local liquor accords
   128G.   Competition and Consumer Act and Competition Code
   128H.   Approval of local liquor accords

   PART 10--Unlawful consumption of liquor

   129.    Consumption of liquor on regulated premises
   130.    Unlawful consumption of liquor
   131.    Control of consumption etc of liquor in public places

   PART 10A--Prohibition of manufacture, sale or supply of certain liquor

   131AA.  Prohibition of manufacture, sale or supply of certain liquor

   PART 11--Miscellaneous

           Division 1--Offences and procedure

   131A.   Failing to leave licensed premises on request
   132.    Penalties
   133.    Recovery of financial advantage illegally obtained
   134.    Vicarious liability
   135.    Evidentiary provision
   135A.   Determination of second or subsequent offence in case of previous offence that has been expiated

           Division 2--General

   136.    Service
   137A.   Destruction of fingerprints
   137B.   Procedures to be observed by authorised persons in prevention of persons from entering, and removal of persons from, licensed premises
   137C.   Special transitional provision--disapplication or modification of certain restrictions or requirements in respect of licences
   138.    Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: