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This is a Bill, not an Act. For current law, see the Acts databases.
LIQUOR LICENSING AMENDMENT BILL 2006
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 24A amended (Requirements for licence)
6. Section 25A amended (Restriction on grant of licence in connection with supermarket)
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(Brought in by the Honourable Jim Wilkinson)
A BILL FOR
An Act to amend the Liquor Licensing Act 1990
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:
1. Short title
This Act may be cited as the Liquor Licensing Amendment Act 2006.
2. Commencement
This Act commences on the day on which it receives the Royal Assent.
3. Principal Act
In this Act, the Liquor Licensing Act 1990* is referred to as the Principal
Act.
4. Section 3 amended (Interpretation)
(1) Section 3(1) of the Principal Act is amended by inserting before the
definition of "associate" the following definitions:
"adjacent premises", means premises situated within 200
metres of the boundary of a school or other facility where
young people regularly assemble or congregate;
*No. 44 of 1990
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Liquor Licensing Amendment Bill 2006
"Agency", has the same meaning as in the State Service Act
2000;
(2) Section 3(1) of the Principal Act is further amended by inserting
after the definition of "sell" the following definitions:
"service station" means premises where petroleum products
are sold by retail;
"shopping centre" means a group of shops and associated
facilities which are located within a single area, whether
in a building or group of buildings;
5. Section 24A amended (Requirements for licence)
(1) Section 24A of the Principal Act is amended by inserting after
"which" in subsection (1) "the applicant can show and".
(2) Section 24A of the Principal Act is further amended by inserting after
subsection (3) the following subsections:
(4) For the purposes of determining the best interests of the
community, there are to be 2 categories of liquor licences as follows:
Category A - General liquor licences, on-licences (excluding
on-licences for restaurants) and off-licences
Category B - All other liquor licences.
(5) A Category A liquor licence is not to be granted in respect of a
shopping centre, a service station or any adjacent premises.
(6) An application for a Category A liquor licence is to be
accompanied by a social impact statement which -
(a) complies with any requirements of the Commissioner; and
(b) is intended to form part of the proposed liquor licence.
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Liquor Licensing Amendment Bill 2006
(7) An application for a Category A liquor licence is to state that a
copy of the social impact assessment has been provided to all persons
who may be affected by the proposed licence and, in particular to -
(a) the general manager of the relevant council; and
(b) the Commissioner of Police;
(c) Tasmanian Chamber of Commerce and Industry Ltd; and
(d) the authority known as Tourism Tasmania; and
(e) the Alcohol, Tobacco and other Drugs Council of Tasmania;
and
(f) any Agency having responsibility for drugs and alcohol; and
(g) any school situated within 2 kilometres of the premises
proposed to be licensed; and
(h) any other person who requests a copy of the assessment.
(8) If a liquor licence is granted, the social impact assessment is to
form part of the licence.
(9) If any activities conducted pursuant to the liquor licence are at
any materially inconsistent with the social impact assessment, the
Commissioner may cancel or suspend the licence.
6. Section 25A amended (Restriction on grant of licence in connection
with supermarket)
(1) Section 25A of the Principal Act is amended by omitting "The Board"
and by substituting "(1) The Board".
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Liquor Licensing Amendment Bill 2006
(2) Section 25A of the Principal Act is further amended by inserting after
subsection (1) the following subsections:
(2) A liquor licence ceases to have effect if liquor is sold pursuant to
the licence in connection with the activities of a supermarket.
(3) For the purposes of this section, the Commissioner is to take into
account the following matters:
(a) the identity of the proprietor or proposed proprietor of the
supermarket;
(b) the identity of the licensee or proposed licensee and his or
her association with the proprietor or proposed proprietor of the
supermarket;
(c) the economic relationship or proposed economic
relationship between the business of the supermarket and the
business carried out or proposed to be carried out under the
liquor licence;
(d) the way in which the business of the supermarket and the
business carried out or proposed to be carried out under the
liquor licence is advertised or proposed to be advertised;
(e) the degree of association between the conduct of each such
business.
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