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TASMANIA
__________
LIQUOR AND ACCOMMODATION
AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Meaning of "associate"
6. Section 9 substituted
9. Off-licence
7. Section 22 amended (Qualifications for liquor licence)
8. Section 24A inserted
24A. Requirements for licence
9. Section 34 substituted
34. Requirements for permits
10. Section 41 amended (Powers of Commissioner to suspend
licence)
11. Section 42 amended (Cancellation and suspension of
licence)
12. Section 46 amended (Licensee to retain control on sale
and consumption of liquor)
13. Section 46A inserted
46A. Licensee to ensure responsible service of liquor
[Bill 42]-IV
14. Section 47 substituted
47. Licensee not to alter premises without approval
15. Sections 48, 49 and 50 repealed
16. Section 65 amended (Licensee to restrict people on
certain licensed premises outside authorized hours)
17. Section 132 amended (Cancellation of accommodation
licence)
18. Section 136 amended (Licensee to retain control over
provision of tourist accommodation)
19. Section 137 amended (Licensee not to alter premises
without approval)
20. Section 206 amended (Licensing Board)
21. Section 213 amended (Hearings by Board)
22. Section 216 repealed
23. Section 223 repealed
24. Omissions
25. Substitutions
26. Liquor and Accommodation Amendment Act 2002
amended
Schedule 1 - Omissions
Schedule 2 - Substitutions
2
LIQUOR AND ACCOMMODATION
AMENDMENT BILL 2003
(Brought in by the Minister for Economic Development,
Energy and Resources, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Liquor and Accommodation Act
1990 and the Liquor and Accommodation
Amendment Act 2002
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Liquor and
Accommodation Amendment Act 2003.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
[Bill 42] 3
s. 3 No. Liquor and Accommodation 2003
Amendment
Principal Act
3. In this Act, the Liquor and Accommodation Act 1990* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended by inserting
after the definition of "appellation wine" the following
definition:
"associate" has a meaning given by section 3A;
Section 3A inserted
5. After section 3 of the Principal Act, the following
section is inserted in Part 1:
Meaning of "associate"
3A. (1) For the purposes of this Act, a person is
taken to be an associate of an applicant for a liquor
licence or of a licensee if the person -
(a) holds or will hold any relevant financial
interest, or is or will be entitled to
exercise any relevant power (whether in
right of the person or on behalf of any
other person) in the business of the
applicant or licensee and, by virtue of
that interest or power, is able or will be
able to exercise a significant influence
over or with respect to the management
or operation of that business; or
*No. 44 of 1990
4
2003 Liquor and Accommodation No. s. 5
Amendment
(b) holds or will hold any relevant position,
whether in right of the person or on
behalf of any other person, in the
business of the applicant or licensee; or
(c) is a relative of the applicant or licensee.
(2) In this section -
"relative" means a spouse (including a de
facto spouse), parent, child or sibling
(whether full blood or half-blood);
"relevant financial interest", in relation to
a business, means -
(a) any share in the capital of the
business; or
(b) any entitlement to receive any
income derived from the business;
"relevant position", in relation to a business,
means -
(a) the position of director, manager
or other executive position or
secretary, however that position is
designated in that business; or
(b) if that business is conducted in
premises in respect of which a
liquor licence is in force, the
licensee;
"relevant power" means any power, whether
exercisable by voting or otherwise and
whether exercisable alone or in
association with others -
5
s. 6 No. Liquor and Accommodation 2003
Amendment
(a) to participate in a directorial,
managerial or executive decision;
or
(b) to elect or appoint any person to
any relevant position.
Section 9 substituted
6. Section 9 of the Principal Act is repealed and the
following section is substituted:
Off-licence
9. An off-licence authorizes the sale of liquor
between 5 a.m. and midnight, on any day on the
premises specified in the licence, for consumption off
those premises.
Section 22 amended (Qualifications for liquor
licence)
7. Section 22 of the Principal Act is amended as follows:
(a) by omitting paragraph (b) from subsection (1)
and substituting the following paragraphs:
(b) who has satisfied the
Commissioner that the person and
each associate of the person is of
good repute, having regard to
character, honesty and integrity;
and
(c) who has satisfied the
Commissioner that the person will
be able to exercise effective control
over the service, and any
6
2003 Liquor and Accommodation No. s. 7
Amendment
consumption, of liquor on the
premises in respect of which the
licence is sought; and
(d) who has successfully completed a
course or traineeship approved by
the Commissioner relating to the
service of liquor or has satisfied
the Commissioner that the person
has the necessary knowledge,
experience and competency.
(b) by omitting subsection (2) and substituting the
following subsections:
(2) For the purposes of this section, the
Commissioner may take into account, having
regard to the type of liquor licence applied for
and the premises in respect of which it is
sought, the knowledge, experience and
competency of the applicant in respect of the
service of liquor and the conduct and
management of licensed premises.
(3) If it appears to the Commissioner
that it is not practicable to require an
applicant for a licence to have successfully
completed a course or traineeship approved by
the Commissioner relating to the service of
liquor at the time when the licence is granted,
the Commissioner may make the grant of the
licence subject to a condition that the holder is
to successfully complete the course or
traineeship within such period as the
Commissioner may direct.
(4) The Commissioner may, if satisfied
that it is not contrary to the public interest to
do so, exempt an applicant for a special licence
from the requirement in subsection (1)(d).
7
s. 8 No. Liquor and Accommodation 2003
Amendment
Section 24A inserted
8. After section 24 of the Principal Act, the following
section is inserted in Division 2:
Requirements for licence
24A. (1) In considering an application for a licence,
the Commissioner or the Board must make a
decision which, in the opinion of the Commissioner
or the Board, is in the best interests of the
community.
(2) In considering an application for an off-
licence, the Board must be satisfied that the
principal activity to be carried on at the premises
will be the sale of liquor.
(3) In considering an application for an on-
licence for a restaurant, the Board must be satisfied
that the premises are, or are intended to be, used as
a restaurant.
Section 34 substituted
9. Section 34 of the Principal Act is repealed and the
following section is substituted:
Requirements for permits
34. (1) In considering an application for a permit,
the Commissioner must make a decision which, in
his or her opinion, is in the best interests of the
community.
(2) The Commissioner must not grant an out-
of-hours permit in respect of licensed premises
unless the licensee satisfies the Commissioner that
8
2003 Liquor and Accommodation No. s. 10
Amendment
the sale of liquor on those premises in accordance
with the permit sought would not -
(a) cause undue annoyance or disturbance
to -
(i) people living or working in the
neighbourhood of the premises; or
(ii) customers or clients of any
business in the neighbourhood of
the premises; or
(iii) people conducting or attending
religious services in the
neighbourhood of the premises; or
(b) cause the occurrence of disorderly
conduct -
(i) in the premises; or
(ii) in the neighbourhood of the
premises.
Section 41 amended (Powers of Commissioner to
suspend licence)
10. Section 41 of the Principal Act is amended as follows:
(a) by inserting the following subsection after
subsection (2):
(2A) If the Commissioner is satisfied
that a licensee or an associate of a licensee is
not, or is no longer, a person of good repute,
having regard to character, honesty and
integrity, the Commissioner may, by written
notice served on the licensee, suspend the
licence for such period, not exceeding 3
9
s. 11 No. Liquor and Accommodation 2003
Amendment
months, as the Commissioner considers
appropriate.
(b) by omitting from subsection (3) "subsection
(2)" and substituting "subsection (2) or (2A)";
(c) by omitting from subsection (5) "subsection
(2)" and substituting "subsection (2) or (2A)".
Section 42 amended (Cancellation and suspension of
licence)
11. Section 42(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (e) "personal" and
substituting "effective";
(b) by omitting paragraph (k) and substituting the
following paragraphs:
(k) the area of the licensed premises
has been altered without the
Commissioner's approval; or
(l) the licensee or an associate of the
licensee is not, or is no longer, a
person of good repute, having
regard to character, honesty and
integrity.
Section 46 amended (Licensee to retain control on
sale and consumption of liquor)
12. Section 46 of the Principal Act is amended by omitting
"personal" and substituting "effective".
10
2003 Liquor and Accommodation No. s. 13
Amendment
Section 46A inserted
13. After section 46 of the Principal Act, the following
section is inserted in Division 5:
Licensee to ensure responsible service of
liquor
46A. (1) Subject to this section, a licensee who first
employs a person for the service of liquor after the
commencement of this section must not permit that
person to serve liquor on the licensed premises at
any time after 3 months after the commencement of
employment unless that person has successfully
completed a course or traineeship approved by the
Commissioner relating to the service of liquor.
(2) In the case of a person who, on the
commencement of this section, was employed for the
service of liquor, the licensee must not permit that
person to serve liquor on the licensed premises at
any time after 2 years after that commencement
unless that person has successfully completed a
course or traineeship approved by the Commissioner
relating to the service of liquor.
(3) The Commissioner may, if satisfied that it
is not contrary to the public interest to do so, exempt
the holder of a special licence from the requirements
of this section.
Section 47 substituted
14. Section 47 of the Principal Act is repealed and the
following section is substituted:
11
s. 15 No. Liquor and Accommodation 2003
Amendment
Licensee not to alter premises without
approval
47. (1) A licensee must not alter the area of the
licensed premises without the Commissioner's
approval.
(2) The Commissioner is not to approve an
alteration to the area of licensed premises unless he
or she is satisfied that it is in the best interests of
the community to do so.
Sections 48, 49 and 50 repealed
15. Sections 48, 49 and 50 of the Principal Act are
repealed.
Section 65 amended (Licensee to restrict people on
certain licensed premises outside authorized hours)
16. Section 65 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "permit;
and" and substituting "permit.";
(b) by omitting paragraphs (c) and (d) from
subsection (1);
(c) by omitting from subsection (2)(e)
"employment; or" and substituting
"employment.";
(d) by omitting paragraph (f) from subsection (2).
12
2003 Liquor and Accommodation No. s. 17
Amendment
Section 132 amended (Cancellation of
accommodation licence)
17. Section 132(1) of the Principal Act is amended as
follows:
(a) by omitting paragraph (h) and substituting the
following paragraph:
(h) the area of the premises specified
in the accommodation licence has
been altered without the
Commissioner's approval; or
(b) by omitting from paragraph (i) "personal" and
substituting "effective".
Section 136 amended (Licensee to retain control
over provision of tourist accommodation)
18. Section 136 of the Principal Act is amended by
omitting "personal" and substituting "effective".
Section 137 amended (Licensee not to alter premises
without approval)
19. Section 137 of the Principal Act is amended by
inserting "the area of the" after "alter".
Section 206 amended (Licensing Board)
20. Section 206 of the Principal Act is amended as follows:
(a) by omitting from subsection (2)(a) "presiding
member" and substituting "chairperson";
13
s. 21 No. Liquor and Accommodation 2003
Amendment
(b) by omitting from subsection (7) "presiding
member" twice occurring and substituting
"chairperson".
Section 213 amended (Hearings by Board)
21. Section 213 of the Principal Act is amended as follows:
(a) by omitting from subsection (3) "person
presiding" and substituting "chairperson";
(b) by omitting from subsection (5) "presiding
member" and substituting "chairperson".
Section 216 repealed
22. Section 216 of the Principal Act is repealed.
Section 223 repealed
23. Section 223 of the Principal Act is repealed.
Omissions
24. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 1 is amended by omitting "personal
and" on the number of occurrences specified in Column 2
of that Schedule.
Substitutions
25. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 2 is amended by omitting "21" on
14
2003 Liquor and Accommodation No. s. 26
Amendment
the number of occurrences specified in Column 2 of that
Schedule and substituting "18".
Liquor and Accommodation Amendment Act 2002
amended
26. (1) The Liquor and Accommodation Amendment Act
2002 is amended by repealing section 2 and substituting
the following section:
Commencement
2. The provisions of this Act commence immediately
after the commencement of section 26 of the Liquor
and Accommodation Amendment Act 2003.
(2) The Liquor and Accommodation Amendment Act
2002 is further amended as follows:
(a) by repealing section 6;
(b) by inserting "(1)" in section 8 before the words
"Section 17";
(c) by inserting at the end of section 8 the
following subsection:
(2) Any guidelines published by the
Licensing Board under section 17 of the
Principal Act before the commencement of this
section cease to have effect on and from that
commencement.
(d) by repealing section 9;
(e) by omitting paragraph (a) from section 10;
(f) by repealing section 13;
15
s. 26 No. Liquor and Accommodation 2003
Amendment
(g) by omitting "(vi)" from section 14(b) and
substituting "(iv)";
(h) by repealing sections 21, 24, 26, 27 and 29.
16
2003 Liquor and Accommodation No. sch. 1
Amendment
SCHEDULE 1 - OMISSIONS
Section 24
Column 1 Column 2
Provision amended Number of
occurrences
Section 30A(1)(a) 1
Section 30A(6)(b) 1
Section 31(1)(b) 1
Section 114(b)(ii) 1
Section 124(b) 1
17
sch. 2 No. Liquor and Accommodation 2003
Amendment
SCHEDULE 2 - SUBSTITUTIONS
Section 25
Column 1 Column 2
Provision amended Number of
occurrences
Section 22(1)(a) 1
Section 30A(6)(a) 1
Section 31(1)(a) 1
Section 66(1)(b) 1
Section 75(2)(b) 1
Section 77(2)(b) 1
18 Government Printer, Tasmania