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TASMANIA
__________
LIQUOR LICENSING AMENDMENT BILL 2015
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2A inserted
2A. Object of Act
5. Section 3 amended (Interpretation)
6. Section 3A amended (Meaning of "associate")
7. Section 3B inserted
3B. Meaning of "intoxicated"
8. Section 5 amended (Liquor not to be sold except as authorized)
9. Section 6 amended (Types of liquor licences and permits)
10. Section 7 amended (General licence)
11. Section 8 amended (On-licence)
12. Section 9 amended (Off-licence)
13. Section 10 amended (Club licence)
14. Section 11 amended (Special licence)
15. Section 12 amended (Out-of-hours permit)
16. Section 13 amended (On-permit)
17. Section 14 amended (Off-permit)
18. Section 15 amended (Special permit)
19. Section 15A inserted
[Bill 48]-VII
15A. Small producer's permit
20. Section 22 amended (Qualifications for liquor licence)
21. Section 24 amended (Consideration of application for liquor
licence)
22. Section 24A amended (Requirements for licence)
23. Section 24B inserted
24B. Updating of licence application
24. Sections 25B, 25C and 25D inserted
25B. Conditions of licence
25C. Variation of conditions of licence by Commissioner
25D. Variation of conditions of licence by application
25. Section 28 substituted
28. Application for transfer of liquor licence
26. Section 29 amended (Decision of Commissioner on
consideration of application to transfer a liquor licence)
27. Section 30A amended (Interim authority to act as licensee)
28. Section 31 amended (Qualifications for liquor permit)
29. Section 32 amended (Application for liquor permit)
30. Section 33 amended (Consideration of application for liquor
permit)
31. Section 33A inserted
33A. Updating of permit application
32. Section 34 amended (Requirements for permits)
33. Sections 34A, 34B and 34C inserted
34A. Conditions of permit
34B. Variation of conditions of permit by Commissioner
34C. Variation of conditions of permit by application
34. Section 37 amended (Cancellation of an on-permit, off-permit,
small producer's permit or special permit)
35. Section 38A inserted
38A. Prohibition of sale of undesirable liquor products
36. Sections 40, 41 and 42 substituted
40. Written notice
37. Section 43 amended (Conditions - liquor)
38. Sections 44 and 45 repealed
2
39. Part 2, Division 5: Heading amended
40. Section 46 amended (Licensees and permit holders to retain
control on sale and consumption of liquor)
41. Section 46 amended (Licensees and permit holders to retain
control on sale and consumption of liquor)
42. Section 46A amended (Licensees and permit holders to ensure
responsible sale and service of liquor)
43. Sections 46B, 46C and 46D inserted
46B. Licensees and permit holders to ensure seller and
server of liquor meets minimum age requirements
46C. Sale and consumption of liquor not to cause undue
annoyance, disturbance or disorderly conduct, &c.
46D. Sale of liquor through internet or by other
communication media
44. Section 47 amended (Licensee not to alter area of licensed
premises without approval)
45. Section 48 amended (Licensee to notify Commissioner of
alteration to designated area)
46. Section 49 substituted
49. Licensees and permit holders to notify
Commissioner of change
47. Section 53 amended (Licence or permit to be produced on
demand)
48. Section 53 amended (Licence or permit to be produced on
demand)
49. Section 54 amended (Licence to be displayed)
50. Section 54A inserted
54A. Authority to act as licensee to be displayed
51. Section 55 amended (Permits to be displayed on licensed
premises)
52. Section 55 amended (Permits to be displayed on licensed
premises)
53. Section 55A inserted
55A. Special permits and small producer's permits to be
displayed
54. Section 56 amended (Liquor restriction order to be displayed on
licensed premises)
3
55. Section 56 amended (Liquor restriction order to be displayed on
licensed premises)
56. Section 60 amended (Licensee to display notice prohibiting or
restricting entry of young people)
57. Section 60 amended (Licensee to display notice prohibiting or
restricting entry of young people)
58. Section 61 amended (Licensee to prohibit or restrict entry of
young people to certain parts of licensed premises)
59. Section 62 amended (Licensees and permit holders to require
certain people to leave licensed premises or permit premises)
60. Section 62 amended (Licensees and permit holders to require
certain people to leave licensed premises or permit premises)
61. Section 63 amended (Liquor not to be consumed on off-licensed
premises)
62. Section 64 amended (Liquor not to be removed from on-licensed
premises)
63. Section 65 amended (Licensee to restrict people on licensed
premises outside authorized hours)
64. Section 66 amended (Licensee to notify Commissioner of
prolonged absence from licensed premises)
65. Section 67 amended (Licensee or permit holder not to hinder,
&c., authorized officer)
66. Part 2, Division 6: Heading amended
67. Section 68 inserted
68. Prohibited or restricted advertising or promotion
68. Section 69 amended (False applications)
69. Section 69A inserted
69A. Liquor not to be sold or served by person who is
intoxicated
70. Section 70 amended (Liquor not to be sold or served to young
people)
71. Section 71 amended (Liquor not to be supplied to young people
on licensed premises or permit premises)
72. Section 72 amended (Young person not to enter, &c., certain
parts of licensed premises, &c.)
4
73. Section 73 amended (Liquor not to be purchased by young
people)
74. Section 74 amended (Young person not to be sent to obtain
liquor)
75. Section 75 amended (Young person not to be given possession
or charge of liquor on licensed premises or permit premises)
76. Section 76 amended (Young person not to consume liquor on
licensed premises or permit premises)
77. Section 77 amended (Young person not to have possession or
control of liquor on licensed premises or permit premises)
78. Section 78 amended (Liquor not to be sold or served to
intoxicated people)
79. Section 79 amended (Liquor not to be supplied on licensed
premises or permit premises to intoxicated people)
80. Section 79A amended (Licensee and permit holder to prevent
offences on licensed premises and permit premises)
81. Sections 79B, 79C and 79D inserted
79B. Sale of liquor through vending machines
79C. Liquor not to be brought onto licensed premises or
permit premises without consent
79D. Prohibited behaviour and language
82. Section 80 amended (Person to leave licensed premises when
required to do so, &c.)
83. Section 80A amended (Person to leave permit premises when
required to do so, &c.)
84. Section 81 substituted
81. Barring orders
81A. Review of police barring order
85. Section 83 amended (Name, address and date of birth to be given
to police if lawfully requested)
86. Part 2, Division 7: Heading amended
87. Section 84 amended (Areas of licensed premises may be
designated to prohibit or restrict entry, &c., of young people)
88. Section 86 amended (Powers of authorized officer)
89. Section 89 amended (Police may enter licensed premises or
permit premises)
90. Section 92A amended (Power to seize false identity documents)
5
91. Section 93 amended (Power to restrict entry to licensed or permit
premises)
92. Section 94 amended (Power of police to require people to leave
licensed or permit premises)
93. Part 2, Divisions 8, 9 and 10 inserted
Division 8 - Disciplinary action
98. Interpretation
99. Grounds for disciplinary action
100. Procedure for disciplinary action
101. Disciplinary action as a letter of censure
102. Disciplinary action as a fine
103. Disciplinary action as a cancellation or suspension of
liquor licence or liquor permit
104. Urgent suspension
Division 9 - Licence or permit cancellation or suspension in
other circumstances
105. Licence or permit suspension or cancellation
Division 10 - Miscellaneous
106. Revocation or reduction of suspension
107. Liability not extinguished by suspension,
cancellation, surrender, transfer or expiry of licence
or permit
94. Section 207 amended (Commissioner for Licensing)
95. Section 211 amended (Right to appeal to Commission)
96. Section 212 amended (Procedure on appeal)
97. Section 220A inserted
220A. Application may be varied with Commissioner's
approval
98. Section 222B inserted
222B. Requirement to provide wholesale and producer
information
99. Section 223 amended (Infringement notices)
100. Section 226 amended (Regulations)
101. Repeal of Act
6
LIQUOR LICENSING AMENDMENT BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
27 October 2015
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to amend the Liquor Licensing Act 1990
Be it enacted by Her 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 2015.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Liquor Licensing Act 1990* is
referred to as the Principal Act.
*No. 44 of 1990
[Bill 48] 7
Liquor Licensing Amendment Act 2015
Act No. of
s. 4
4. Section 2A inserted
After section 2 of the Principal Act, the
following section is inserted in Part 1:
2A. Object of Act
(1) The object of this Act is to regulate the
sale, supply, promotion and consumption
of liquor so as to -
(a) minimise harm arising from the
misuse of liquor by -
(i) ensuring that the supply
of liquor is carried out in
a way that is in the best
interests of the
community and does not,
as far as practicable,
detract from public
amenity; and
(ii) restricting undesirable
liquor promotion and
advertising and the supply
of certain liquor products;
and
(iii) encouraging a culture of
responsible consumption
of liquor; and
(b) facilitate the responsible
development of the liquor and
hospitality industries in a way
8
Liquor Licensing Amendment Act 2015
Act No. of
s. 5
that is consistent with the best
interests of the community.
(2) It is the obligation of any person on
whom a function is imposed or a power
is conferred under this Act to perform the
function or exercise the power in such a
manner as to further the object set out in
subsection (1).
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of authorized officer:
barring order means an order served
or given under section 81(2) or
(4);
best interests of the community means
interests that are prescribed for
the purposes of this definition;
(b) by inserting the following definition after
the definition of Commissioner:
convicted includes found guilty,
whether or not a conviction is
recorded;
(c) by inserting the following definition after
the definition of hearing:
intoxicated - see section 3B;
9
Liquor Licensing Amendment Act 2015
Act No. of
s. 5
(d) by omitting the definition of liquor and
substituting the following definition:
liquor means -
(a) a beverage (other than a
medicine) that -
(i) is intended for
human
consumption; and
(ii) has an alcoholic
content greater
than 0*5 per cent
by volume when
at a temperature of
20 degrees
Celsius; or
(b) any other substance that -
(i) is prescribed as
liquor for the
purposes of this
definition; and
(ii) has an alcoholic
content greater
than 0*5 per cent
by volume when
at a temperature of
20 degrees
Celsius;
(e) by inserting the following definition after
the definition of liquor restriction order:
10
Liquor Licensing Amendment Act 2015
Act No. of
s. 5
meal means food that -
(a) is eaten by a person at a
table, or fixed structure
used as a table, with
cutlery provided for the
purpose of eating the
food; and
(b) is of sufficient substance
as to be ordinarily
accepted as a meal;
(f) by inserting the following definition after
the definition of out-of-hours permit:
partner means the person with whom
a person is in a personal
relationship, within the meaning
of the Relationships Act 2003;
(g) by inserting the following definitions
after the definition of permit:
permit holder means the holder of a
liquor permit;
permit premises means -
(a) premises specified in a
special permit as premises
on which liquor may be
sold; and
(b) in respect of the holder of
a special permit, the
11
Liquor Licensing Amendment Act 2015
Act No. of
s. 5
premises specified in the
permit; and
(c) premises on which liquor
may be sold under the
authority of a small
producer's permit; and
(d) in respect of the holder of
a small producer's permit,
the premises on which
liquor may be sold under
the authority of the
permit -
and includes any part of those
premises;
(h) by inserting the following definitions
after the definition of records:
resident, in relation to licensed
premises, means a person who is
able to provide evidence that he
or she resides, or is staying
overnight in, a part of the
licensed premises that has been
set aside for the purposes of
accommodation;
responsible adult means a person of or
above the age of 18 years who, in
relation to a person under the age
of 18 years (the minor), belongs
to one or more of the following
classes of persons:
12
Liquor Licensing Amendment Act 2015
Act No. of
s. 5
(a) a parent, step-parent or
guardian of the minor;
(b) the spouse or partner of
the minor;
(c) a person who, for the time
being, has parental
responsibility for the
minor;
(i) by inserting the following definitions
after the definition of sell:
small producer means a producer, or
class of producers, that is
prescribed for the purposes of this
definition;
small producer's permit means a
liquor permit referred to in
section 15A;
(j) by inserting the following definition after
the definition of special licence:
special permit means a liquor permit
referred to in section 15;
(k) by omitting "Tasmania." from the
definition of Tasmanian wine and
substituting "Tasmania;";
(l) by inserting the following definition after
the definition of Tasmanian wine:
13
Liquor Licensing Amendment Act 2015
Act No. of
s. 6
vicinity, in relation to licensed
premises or permit premises,
means -
(a) within the distance
prescribed for the
purposes of this
definition; or
(b) in the case of a barring
order, within such
distance of the premises,
or within such area, as is
specified by the police
officer giving the barring
order; or
(c) in the case of a police
officer who requires a
person to leave the
premises, within such
distance of the premises,
or within such area, as is
specified by the police
officer.
6. Section 3A amended (Meaning of "associate")
Section 3A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or of a
licensee if the person" and substituting
"or liquor permit, or of a licensee or
permit holder if";
14
Liquor Licensing Amendment Act 2015
Act No. of
s. 6
(b) by omitting from subsection (1)(a)
"holds" and substituting "the person
holds";
(c) by omitting from subsection (1)(a)
"applicant or licensee" and substituting
"applicant, licensee or permit holder";
(d) by omitting from subsection (1)(b)
"holds" and substituting "the person
holds";
(e) by omitting from subsection (1)(b)
"applicant or licensee" and substituting
"applicant, licensee or permit holder";
(f) by omitting paragraph (c) from
subsection (1) and substituting the
following paragraphs:
(c) the person is a relative of the
applicant, licensee or permit
holder; or
(d) the Commissioner is satisfied that
the person could exercise a
significant influence over the
applicant, licensee or permit
holder.
(g) by omitting "(including a de facto
spouse)," from the definition of relative
in subsection (2) and substituting ",
partner,";
15
Liquor Licensing Amendment Act 2015
Act No. of
s. 7
(h) by inserting "or" after "licensee;" in
paragraph (b) of the definition of
relevant position in subsection (2);
(i) by inserting the following paragraph after
paragraph (b) in the definition of relevant
position in subsection (2):
(c) if that business is conducted in
premises in respect of which a
permit is in force, the permit
holder;
7. Section 3B inserted
After section 3A of the Principal Act, the
following section is inserted in Part 1:
3B. Meaning of "intoxicated"
For the purposes of this Act, a person is
intoxicated if -
(a) the person's speech, balance,
coordination or behaviour is
noticeably affected; and
(b) it is reasonable in the
circumstances to believe that the
affected speech, balance,
coordination or behaviour is the
result of the consumption of
liquor or other substances.
16
Liquor Licensing Amendment Act 2015
Act No. of
s. 8
8. Section 5 amended (Liquor not to be sold except as
authorized)
Section 5 of the Principal Act is amended by
omitting "shall" and substituting "must".
9. Section 6 amended (Types of liquor licences and
permits)
Section 6(b) of the Principal Act is amended as
follows:
(a) by omitting from subparagraph (iv)
"permit." and substituting "permit;";
(b) by inserting the following subparagraph
after subparagraph (iv):
(v) a small producer's permit.
10. Section 7 amended (General licence)
Section 7 of the Principal Act is amended as
follows:
(a) by inserting "the sale of liquor" after
"authorizes";
(b) by omitting from paragraph (a) "the sale
of liquor";
(c) by omitting from paragraph (b) "the sale
of liquor";
(d) by omitting from paragraph (b) "part."
and substituting "part; and";
17
Liquor Licensing Amendment Act 2015
Act No. of
s. 11
(e) by inserting the following paragraph after
paragraph (b):
(c) subject to any condition specified
in the licence.
11. Section 8 amended (On-licence)
Section 8 of the Principal Act is amended as
follows:
(a) by inserting "the sale of liquor" after
"authorizes";
(b) by omitting from paragraph (a) "the sale
of liquor";
(c) by omitting from paragraph (b) "the sale
of liquor";
(d) by omitting from paragraph (b)(ii)
"premises." and substituting "premises;
and";
(e) by inserting the following paragraph after
paragraph (b):
(c) subject to any condition specified
in the licence.
12. Section 9 amended (Off-licence)
Section 9 of the Principal Act is amended by
omitting "premises." and substituting "premises,
subject to any condition specified in the
licence.".
18
Liquor Licensing Amendment Act 2015
Act No. of
s. 13
13. Section 10 amended (Club licence)
Section 10(b) of the Principal Act is amended by
omitting "conditions relating to record-keeping
of membership and visitors to the club as" and
substituting "condition".
14. Section 11 amended (Special licence)
Section 11(c) of the Principal Act is amended by
omitting "compliance with".
15. Section 12 amended (Out-of-hours permit)
Section 12(c) of the Principal Act is amended by
omitting "compliance with".
16. Section 13 amended (On-permit)
Section 13(c) of the Principal Act is amended by
omitting "compliance with".
17. Section 14 amended (Off-permit)
Section 14(c) of the Principal Act is amended by
omitting "compliance with".
18. Section 15 amended (Special permit)
Section 15(c) of the Principal Act is amended by
omitting "compliance with".
19
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Act No. of
s. 19
19. Section 15A inserted
After section 15 of the Principal Act, the
following section is inserted in Division 1:
15A. Small producer's permit
A small producer's permit authorizes the
sale of liquor by a small producer -
(a) at any premises approved by the
Commissioner in writing to the
permit holder; and
(b) subject to any condition specified
in the permit.
20. Section 22 amended (Qualifications for liquor
licence)
Section 22(1A) of the Principal Act is amended
by omitting "or believes".
21. Section 24 amended (Consideration of application
for liquor licence)
Section 24(2)(b) of the Principal Act is amended
by omitting "best interests of the community"
and substituting "public interest".
22. Section 24A amended (Requirements for licence)
Section 24A(3) of the Principal Act is amended
by omitting "for" second occurring and
substituting "in respect of premises operating
as".
20
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Act No. of
s. 23
23. Section 24B inserted
After section 24A of the Principal Act, the
following section is inserted in Division 2:
24B. Updating of licence application
(1) If a change occurs in the information
provided in, or in connection with, an
application for a liquor licence (including
in any documents lodged with the
application) before the application is
determined, the applicant must give the
Commissioner written particulars of the
change as soon as is reasonably
practicable.
(2) If particulars of a change are given, those
particulars form part of the original
application.
24. Sections 25B, 25C and 25D inserted
After section 25A of the Principal Act, the
following sections are inserted in Division 2:
25B. Conditions of licence
(1) The Commissioner may grant a liquor
licence subject to such conditions as the
Commissioner thinks fit.
(2) The holder of a liquor licence must
comply with the conditions of that
licence.
21
Liquor Licensing Amendment Act 2015
Act No. of
s. 24
Penalty: Fine not exceeding 20 penalty
units.
25C. Variation of conditions of licence by
Commissioner
(1) Subject to subsection (2), the
Commissioner may, by written notice
served on the licensee, vary the
conditions of a liquor licence on the
Commissioner's own motion by doing
one or more of the following:
(a) omitting a condition;
(b) amending or substituting a
condition;
(c) adding a condition.
(2) The Commissioner must not add a new
condition under subsection (1)(c) to a
general licence, an on-licence, an off-
licence or a club licence, if that licence
was granted before the commencement
of section 24 of the Liquor Licensing
Amendment Act 2015.
(3) If the Commissioner varies a condition
under subsection (1), the Commissioner
is to notify the licensee of -
(a) the variation; and
(b) the reason for the variation; and
(c) the date on which the variation
takes effect; and
22
Liquor Licensing Amendment Act 2015
Act No. of
s. 24
(d) the licensee's right to appeal to
the Commission against the
variation.
(4) The Commissioner is to give the licensee
at least 14 days' notice of the variation
unless satisfied that, because of special
circumstances, the variation should be
effected more urgently.
25D. Variation of conditions of licence by
application
(1) The Commissioner may vary the
conditions of a liquor licence on the
application of a licensee by doing one or
more of the following:
(a) omitting a condition;
(b) amending or substituting a
condition;
(c) adding a condition.
(2) The application must be -
(a) made on a form approved or
provided for the purpose by the
Commissioner; and
(b) accompanied by any prescribed
application fee.
(3) The Commissioner may require the
applicant to supply any further
information that the Commissioner
23
Liquor Licensing Amendment Act 2015
Act No. of
s. 25
considers necessary for a proper
consideration of the application.
(4) After considering the application, the
Commissioner is to -
(a) approve or refuse the variation;
and
(b) inform the applicant accordingly.
(5) In the case of a refusal, the
Commissioner is also to inform the
applicant of the applicant's right to
appeal to the Commission against the
refusal.
25. Section 28 substituted
Section 28 of the Principal Act is repealed and
the following section is substituted:
28. Application for transfer of liquor licence
(1) A licensee may apply to the
Commissioner for approval to transfer a
liquor licence to another person (the
transferee).
(2) An application under subsection (1) must
be -
(a) made on a form approved or
provided for the purpose by the
Commissioner; and
24
Liquor Licensing Amendment Act 2015
Act No. of
s. 25
(b) accompanied by any prescribed
fee; and
(c) made at least 28 days before the
day on which the transfer is to
take effect, or such shorter period
as the Commissioner may
determine.
(3) In considering an application under
subsection (1), the Commissioner may
require the applicant or the transferee to
supply the Commissioner with such
further particulars (including plans and
specifications of any relevant premises
and information about any associates of
the transferee) as the Commissioner
considers necessary for a proper
consideration of the application.
(4) The Commissioner may make such
inquiries regarding an application for the
transfer of a liquor licence as the
Commissioner considers necessary or
expedient for a proper consideration of
the application.
(5) Without limiting the generality of
subsection (4), the Commissioner may -
(a) forward a copy of an application
for the transfer of a liquor licence
to the Commissioner of Police;
and
(b) request the Commissioner of
Police to provide a report as to
25
Liquor Licensing Amendment Act 2015
Act No. of
s. 26
whether, in the opinion of the
Commissioner of Police -
(i) the transferee is a fit and
proper person to be a
licensee; and
(ii) any associate of the
transferee who is a natural
person and likely to have
any influence over the
management of the
business to be carried on
under the licence is a fit
and proper person to be
an associate of a licensee.
26. Section 29 amended (Decision of Commissioner on
consideration of application to transfer a liquor
licence)
Section 29 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) The Commissioner must not
approve the transfer of a liquor
licence unless the Commissioner
is satisfied that the person to
whom the licence is proposed to
be transferred is qualified to be
granted a liquor licence under
section 22.
26
Liquor Licensing Amendment Act 2015
Act No. of
s. 27
(b) by omitting from subsection (2) "shall"
and substituting "must".
27. Section 30A amended (Interim authority to act as
licensee)
Section 30A of the Principal Act is amended by
omitting subsection (11).
28. Section 31 amended (Qualifications for liquor
permit)
Section 31 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) A person is also not qualified to be
granted a liquor permit if the
Commissioner reasonably suspects that -
(a) the person is not a fit and proper
person to be a permit holder; or
(b) any associate of the person who is
a natural person and likely to
have any influence over the
management of the business to be
carried on under the permit is not
a fit and proper person to be an
associate of a permit holder.
29. Section 32 amended (Application for liquor permit)
Section 32(2) of the Principal Act is amended by
omitting "where relevant" and substituting "and
27
Liquor Licensing Amendment Act 2015
Act No. of
s. 30
specifications of any relevant premises and
information about any associates".
30. Section 33 amended (Consideration of application
for liquor permit)
Section 33 of the Principal Act is amended by
inserting after subsection (3A) the following
subsection:
(3B) Without limiting the generality of
subsection (3A), the Commissioner
may -
(a) forward a copy of an application
for a liquor permit to the
Commissioner of Police; and
(b) request the Commissioner of
Police to provide a report as to
whether, in the opinion of the
Commissioner of Police -
(i) the applicant is a fit and
proper person to be a
permit holder; and
(ii) any associate of the
applicant who is a natural
person and likely to have
any influence over the
management of the
business to be carried on
under the permit is a fit
and proper person to be
28
Liquor Licensing Amendment Act 2015
Act No. of
s. 31
an associate of a permit
holder.
31. Section 33A inserted
After section 33 of the Principal Act, the
following section is inserted in Division 3:
33A. Updating of permit application
(1) If a change occurs in the information
provided in or in connection with an
application for a liquor permit (including
in any documents lodged with the
application) before the application is
determined, the applicant must give the
Commissioner written particulars of the
change as soon as is reasonably
practicable.
(2) If particulars of a change are given, those
particulars form part of the original
application.
32. Section 34 amended (Requirements for permits)
Section 34 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "liquor"
after "for a";
(b) by inserting in subsection (2)(a)(iii) "or
attending a school" after "services".
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33. Sections 34A, 34B and 34C inserted
After section 34 of the Principal Act, the
following sections are inserted in Division 3:
34A. Conditions of permit
(1) The Commissioner may grant a liquor
permit subject to such conditions as the
Commissioner thinks fit.
(2) The holder of a liquor permit must
comply with the conditions of that
permit.
Penalty: Fine not exceeding 20 penalty
units.
34B. Variation of conditions of permit by
Commissioner
(1) The Commissioner may, by written
notice served on the permit holder, vary
the conditions of a liquor permit on the
Commissioner's own motion by doing
one or more of the following:
(a) omitting a condition;
(b) amending or substituting a
condition;
(c) adding a condition.
(2) If the Commissioner varies a condition
under subsection (1), the Commissioner
is to notify the permit holder of -
30
Liquor Licensing Amendment Act 2015
Act No. of
s. 33
(a) the variation; and
(b) the reason for the variation; and
(c) the date on which the variation
takes effect; and
(d) the permit holder's right to appeal
to the Commission against the
variation.
(3) The Commissioner is to give the permit
holder at least 14 days' notice of the
variation unless satisfied that, because of
special circumstances, the variation
should be effected more urgently.
34C. Variation of conditions of permit by
application
(1) The Commissioner may vary the
conditions of a liquor permit on the
application of a permit holder by doing
one or more of the following:
(a) omitting a condition;
(b) amending or substituting a
condition;
(c) adding a condition.
(2) The application must be -
(a) made on a form approved or
provided for the purpose by the
Commissioner; and
31
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Act No. of
s. 34
(b) accompanied by any prescribed
application fee.
(3) The Commissioner may require the
applicant to supply any further
information that the Commissioner
considers necessary for a proper
consideration of the application.
(4) After considering the application, the
Commissioner is to -
(a) approve or refuse the variation;
and
(b) inform the applicant accordingly.
(5) In the case of a refusal, the
Commissioner is also to inform the
applicant of the applicant's right to
appeal to the Commission against the
refusal.
34. Section 37 amended (Cancellation of an on-permit,
off-permit, small producer's permit or special
permit)
Section 37(1) of the Principal Act is amended as
follows:
(a) by inserting ", a small producer's
permit" after "off-permit";
(b) by omitting "interest of the community"
and substituting "public interest".
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Liquor Licensing Amendment Act 2015
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35. Section 38A inserted
Before section 39 of the Principal Act, the
following section is inserted in Division 4:
38A. Prohibition of sale of undesirable liquor
products
(1) The Minister, by notice, may declare a
specified liquor product, or class of
liquor products, to be an undesirable
liquor product if the Minister is satisfied
that it is in the public interest to do so.
(2) The Minister is to publish notice of a
declaration under subsection (1) -
(a) in the Gazette; and
(b) in a newspaper generally
circulating in Tasmania.
(3) A declaration under subsection (1) takes
effect from the date of publication of the
notice in the Gazette or from such later
date as is specified in that notice.
(4) A person must not sell a liquor product,
or liquor product that is part of a class of
liquor products, that is declared under
subsection (1) to be an undesirable liquor
product.
Penalty: Fine not exceeding 50 penalty
units.
(5) A licensee or permit holder is guilty of
an offence if a person authorized by the
33
Liquor Licensing Amendment Act 2015
Act No. of
s. 36
licensee or permit holder to sell liquor on
the licensed premises or permit premises
sells a liquor product, or liquor product
that is part of a class of liquor products,
that is declared under subsection (1) to be
an undesirable liquor product.
Penalty: Fine not exceeding 100 penalty
units.
(6) A notice under this section is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
36. Sections 40, 41 and 42 substituted
Sections 40, 41 and 42 of the Principal Act are
repealed and the following section is substituted:
40. Written notice
(1) The Commissioner may serve a written
notice on a licensee or permit holder
requiring the licensee or permit holder to
comply with a direction specified in the
notice.
(2) If a licensee or permit holder referred to
in subsection (1) fails to comply with a
direction within the period specified in
the notice, the Commissioner may take
disciplinary action against the licensee or
permit holder in accordance with
section 100.
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s. 37
37. Section 43 amended (Conditions - liquor)
Section 43 of the Principal Act is amended by
omitting "Without prejudice to the generality of
sections 11 (special licences), 12 (out-of-hours
permits), 13 (on-permits), 14 (off-permits), 15
(special permits), 16 (general liquor exemptions)
and 39 (liquor restriction orders), the conditions
referred to in those sections may relate to" and
substituting "The conditions to which a liquor
licence or liquor permit may be subject include,
but are not limited to,".
38. Sections 44 and 45 repealed
Sections 44 and 45 of the Principal Act are
repealed.
39. Part 2, Division 5: Heading amended
Division 5 of Part 2 of the Principal Act is
amended by inserting in the heading to that
Division "and permit holders" after "licensees".
40. Section 46 amended (Licensees and permit holders
to retain control on sale and consumption of liquor)
Section 46 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting "or
permit holder must";
(b) by inserting "or permit premises" after
"licensed premises";
35
Liquor Licensing Amendment Act 2015
Act No. of
s. 41
(c) by inserting "permit holder" after
"licensee or".
41. Section 46 amended (Licensees and permit holders
to retain control on sale and consumption of liquor)
After section 46 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 50 penalty units.
42. Section 46A amended (Licensees and permit holders
to ensure responsible sale and service of liquor)
Section 46A of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "sell or"
after "person to";
(b) by inserting the following penalty after
paragraph (b) in subsection (1):
Penalty: Fine not exceeding 20 penalty
units.
(c) by inserting the following subsection
after subsection (1):
(1A) An applicant for a liquor permit
or a permit holder must
successfully complete an
approved course, if the
Commissioner so directs.
36
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s. 43
Penalty: Fine not exceeding 20
penalty units.
(d) by omitting from subsection (2)
"subsection (1)" and substituting
"subsection (1) or (1A)";
(e) by inserting in subsection (2) "or permit
holder" after "a licensee";
(f) by inserting in subsection (2)(a) "or
permit premises" after "premises";
(g) by inserting in subsection (2)(a) "or
permit holder" after "licensee".
43. Sections 46B, 46C and 46D inserted
After section 46A of the Principal Act, the
following sections are inserted in Division 5:
46B. Licensees and permit holders to ensure seller
and server of liquor meets minimum age
requirements
A licensee or permit holder must not
allow a person to sell or serve liquor on
the licensed premises or permit premises
if that person does not meet the minimum
age requirement prescribed for the
purposes of this section.
Penalty: Fine not exceeding 50 penalty
units.
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s. 43
46C. Sale and consumption of liquor not to cause
undue annoyance, disturbance or disorderly
conduct, &c.
A licensee or permit holder must ensure
that the sale and consumption of liquor
on the licensed premises or the permit
premises does 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 or attending a
school in the
neighbourhood of the
premises; or
(iv) people lawfully on the
premises; or
(b) cause the occurrence of
disorderly conduct -
(i) in the premises; or
38
Liquor Licensing Amendment Act 2015
Act No. of
s. 43
(ii) in the neighbourhood of
the premises.
Penalty: Fine not exceeding 50 penalty
units.
46D. Sale of liquor through internet or by other
communication media
(1) A licensee who sells liquor by taking
orders over the telephone or by facsimile
or by mail order must cause the licence
number to be prominently displayed in
any advertisement or information
published, whether in writing or
electronically, in connection with such
sales.
Penalty: Fine not exceeding 20 penalty
units.
(2) A licensee who sells liquor through an
internet site must ensure that -
(a) the licence number is prominently
displayed on the site and in any
advertisement or information
published, whether in writing or
electronically, in connection with
such sales; and
(b) a notice in a form approved or
provided for the purpose by the
Commissioner is displayed
prominently on the site at all
times.
39
Liquor Licensing Amendment Act 2015
Act No. of
s. 43
Penalty: Fine not exceeding 20 penalty
units.
(3) A licensee who sells liquor by taking
orders over the telephone or by facsimile
or by mail order, or who sells liquor
through an internet site must -
(a) at the time at which an agreement
for sale is made, require the
prospective purchaser to supply
the purchaser's date of birth
unless it has previously been
supplied to the licensee; and
(b) give written instructions to the
person responsible for delivery of
the liquor, requiring that the
liquor be delivered -
(i) to the adult person who
placed the order; or
(ii) to another adult person at
those premises who
undertakes to accept it on
behalf of the person who
placed the order; or
(iii) if the sale was made
through an internet site, in
accordance with the
customer's instructions.
Penalty: Fine not exceeding 20 penalty
units.
40
Liquor Licensing Amendment Act 2015
Act No. of
s. 43
(4) If delivery of any liquor sold in a manner
described in this section is taken by a
person under the age of 18 years, the
licensee, and any person who delivers the
liquor on the licensee's behalf, is guilty
of an offence.
Penalty: Fine not exceeding 20 penalty
units.
(5) It is a defence in proceedings for an
offence under subsection (4) if the
licensee establishes that he or she
complied with the requirements of
subsection (3) in relation to the sale.
(6) It is a defence in proceedings for an
offence under subsection (4) if the
defendant establishes that, at the time of
the alleged offence, he or she did not
know, and could not reasonably be
expected to have known, that the alleged
offence was committed.
(7) A person must not order or request a
person under the age of 18 years to take
delivery of liquor sold in a manner
described in this section.
Penalty: Fine not exceeding 20 penalty
units.
(8) This section does not apply to or in
respect of the sale of liquor to licensees
or permit holders.
41
Liquor Licensing Amendment Act 2015
Act No. of
s. 44
44. Section 47 amended (Licensee not to alter area of
licensed premises without approval)
Section 47 of the Principal Act is amended by
inserting after subsection (1) the following
penalty:
Penalty: Fine not exceeding 20 penalty units.
45. Section 48 amended (Licensee to notify
Commissioner of alteration to designated area)
Section 48 of the Principal Act is amended by
inserting after paragraph (b) the following
penalty:
Penalty: Fine not exceeding 20 penalty units.
46. Section 49 substituted
Section 49 of the Principal Act is repealed and
the following section is substituted:
49. Licensees and permit holders to notify
Commissioner of change
(1) Whenever a change of a kind specified
by the Commissioner in writing, served
on a licensee or permit holder, takes
place in the situation existing in relation
to that licensee or permit holder, the
licensee or permit holder must, in a form
approved or provided for the purpose by
the Commissioner, notify the
Commissioner of the change within 14
days after it takes place.
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Liquor Licensing Amendment Act 2015
Act No. of
s. 47
(2) The Commissioner may require a
licensee or permit holder to supply the
Commissioner with such further
particulars of a change in situation
(including information about any
associates) as the Commissioner
considers necessary.
47. Section 53 amended (Licence or permit to be
produced on demand)
Section 53 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting "or
permit holder must";
(b) by inserting "or the permit holder's
permit" after "licence".
48. Section 53 amended (Licence or permit to be
produced on demand)
After section 53 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
49. Section 54 amended (Licence to be displayed)
After section 54 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
43
Liquor Licensing Amendment Act 2015
Act No. of
s. 50
50. Section 54A inserted
After section 54 of the Principal Act, the
following section is inserted in Division 5:
54A. Authority to act as licensee to be displayed
The holder of an authority to act as
licensee must display the authority in a
conspicuous position on the licensed
premises.
Penalty: Fine not exceeding 20 penalty
units.
51. Section 55 amended (Permits to be displayed on
licensed premises)
Section 55 of the Principal Act is amended by
omitting "shall" and substituting "must".
52. Section 55 amended (Permits to be displayed on
licensed premises)
After section 55 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
53. Section 55A inserted
After section 55 of the Principal Act, the
following section is inserted in Division 5:
44
Liquor Licensing Amendment Act 2015
Act No. of
s. 54
55A. Special permits and small producer's
permits to be displayed
The holder of a special permit or a small
producer's permit must display the
permit in a conspicuous position on the
permit premises during the time when
liquor may be sold on those premises
under the authority of the permit.
Penalty: Fine not exceeding 20 penalty
units.
54. Section 56 amended (Liquor restriction order to be
displayed on licensed premises)
Section 56 of the Principal Act is amended by
omitting "shall" and substituting "must".
55. Section 56 amended (Liquor restriction order to be
displayed on licensed premises)
After section 56 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
56. Section 60 amended (Licensee to display notice
prohibiting or restricting entry of young people)
Section 60 of the Principal Act is amended by
omitting "shall" and substituting "must".
45
Liquor Licensing Amendment Act 2015
Act No. of
s. 57
57. Section 60 amended (Licensee to display notice
prohibiting or restricting entry of young people)
After section 60 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
58. Section 61 amended (Licensee to prohibit or restrict
entry of young people to certain parts of licensed
premises)
Section 61 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting
"must";
(b) by omitting from paragraph (b)(ii)
"parent or guardian" and substituting
"responsible adult";
(c) by inserting the following penalty after
paragraph (b):
Penalty: Fine not exceeding 20 penalty
units.
59. Section 62 amended (Licensees and permit holders
to require certain people to leave licensed premises
or permit premises)
Section 62 of the Principal Act is amended as
follows:
46
Liquor Licensing Amendment Act 2015
Act No. of
s. 60
(a) by omitting "shall" and substituting "or
permit holder must";
(b) by inserting "or permit premises" after
"premises".
60. Section 62 amended (Licensees and permit holders
to require certain people to leave licensed premises
or permit premises)
After section 62 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
61. Section 63 amended (Liquor not to be consumed on
off-licensed premises)
After section 63 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
62. Section 64 amended (Liquor not to be removed
from on-licensed premises)
After section 64 of the Principal Act, the
following penalty is inserted:
Penalty: Fine not exceeding 20 penalty units.
47
Liquor Licensing Amendment Act 2015
Act No. of
s. 63
63. Section 65 amended (Licensee to restrict people on
licensed premises outside authorized hours)
Section 65(1) of the Principal Act is amended as
follows:
(a) by omitting "under a general licence or
an on-licence";
(b) by omitting "over a bar";
(c) by inserting the following penalty after
paragraph (b):
Penalty: Fine not exceeding 20 penalty
units.
64. Section 66 amended (Licensee to notify
Commissioner of prolonged absence from licensed
premises)
Section 66(1) of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting
"must";
(b) by inserting the following penalty after
paragraph (b):
Penalty: Fine not exceeding 20 penalty
units.
48
Liquor Licensing Amendment Act 2015
Act No. of
s. 65
65. Section 67 amended (Licensee or permit holder not
to hinder, &c., authorized officer)
Section 67 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting "or
permit holder must";
(b) by inserting the following penalty after
paragraph (c):
Penalty: Fine not exceeding 20 penalty
units.
66. Part 2, Division 6: Heading amended
Division 6 of Part 2 of the Principal Act is
amended by omitting "Offences" from the
heading to that Division and substituting
"General offences".
67. Section 68 inserted
Before section 69 of the Principal Act, the
following section is inserted in Division 6:
68. Prohibited or restricted advertising or
promotion
(1) The Commissioner may serve a notice on
a licensee or permit holder that prohibits
or restricts the advertising or promotion
of the sale of liquor by the licensee or
permit holder if, in the opinion of the
Commissioner -
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Liquor Licensing Amendment Act 2015
Act No. of
s. 68
(a) the advertising or promotion, or
the proposed advertising or
promotion, is likely to encourage
irresponsible consumption of
liquor; or
(b) it is otherwise in the public
interest to do so.
(2) A licensee or permit holder on whom a
notice under subsection (1) is served
must comply with the notice.
Penalty: Fine not exceeding 20 penalty
units.
68. Section 69 amended (False applications)
Section 69 of the Principal Act is amended by
omitting "shall" and substituting "must".
69. Section 69A inserted
After section 69 of the Principal Act, the
following section is inserted in Division 6:
69A. Liquor not to be sold or served by person
who is intoxicated
(1) A person must not sell or serve liquor on
licensed premises or permit premises if
he or she is intoxicated.
Penalty: Fine not exceeding 20 penalty
units.
50
Liquor Licensing Amendment Act 2015
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s. 70
(2) A licensee or permit holder is guilty of
an offence if a person authorized by the
licensee or permit holder to sell or serve
liquor on the licensed premises or permit
premises sells or serves liquor whilst
intoxicated.
Penalty: Fine not exceeding 50 penalty
units.
70. Section 70 amended (Liquor not to be sold or served
to young people)
Section 70 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "shall"
and substituting "must";
(b) by inserting in subsection (1) "or serve"
after "sell";
(c) by inserting in subsection (1) "on
licensed or permit premises" after
"years";
(d) by inserting in subsection (2) "or permit
holder" after "A licensee";
(e) by inserting in subsection (2) "or permit
holder" after "the licensee";
(f) by inserting in subsection (2) "or serve"
after "sell";
(g) by inserting in subsection (2) "or permit
premises" after "premises";
51
Liquor Licensing Amendment Act 2015
Act No. of
s. 71
(h) by inserting in subsection (2) "or serves"
after "sells".
71. Section 71 amended (Liquor not to be supplied to
young people on licensed premises or permit
premises)
Section 71 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting
"must";
(b) by omitting from paragraph (b)
"premises specified in a special permit"
and substituting "permit premises".
72. Section 72 amended (Young person not to enter,
&c., certain parts of licensed premises, &c.)
Section 72 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "shall"
and substituting "must";
(b) by omitting from subsection (2) "shall"
and substituting "must";
(c) by omitting from subsection (2)(b)
"parent or guardian" and substituting
"responsible adult".
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Liquor Licensing Amendment Act 2015
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73. Section 73 amended (Liquor not to be purchased by
young people)
Section 73 of the Principal Act is amended by
omitting "shall" and substituting "must".
74. Section 74 amended (Young person not to be sent to
obtain liquor)
Section 74 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting
"must";
(b) by omitting from paragraph (b)(ii)
"premises specified in a special permit"
and substituting "permit premises".
75. Section 75 amended (Young person not to be given
possession or charge of liquor on licensed premises
or permit premises)
Section 75(1) of the Principal Act is amended as
follows:
(a) by inserting "or permit holder," after "A
licensee";
(b) by inserting "or permit holder," after
"the licensee";
(c) by omitting "shall" and substituting
"must";
53
Liquor Licensing Amendment Act 2015
Act No. of
s. 76
(d) by inserting "or permit premises" after
"years possession or control of liquor on
the licensed premises";
(e) by inserting "or permit premises" after
"retain possession or control of liquor on
the licensed premises".
76. Section 76 amended (Young person not to consume
liquor on licensed premises or permit premises)
Section 76 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting
"must";
(b) by omitting from paragraph (b)
"premises specified in a special permit"
and substituting "permit premises".
77. Section 77 amended (Young person not to have
possession or control of liquor on licensed premises
or permit premises)
Section 77(1) of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting
"must";
(b) by omitting from paragraph (b)
"premises specified in a special permit"
and substituting "permit premises".
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Liquor Licensing Amendment Act 2015
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78. Section 78 amended (Liquor not to be sold or served
to intoxicated people)
Section 78 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or serve"
after "sell";
(b) by inserting in subsection (1) "on
licensed premises or permit premises"
after "liquor";
(c) by omitting from subsection (1) "appears
to be drunk" and substituting "is
intoxicated";
(d) by inserting in subsection (2) "or permit
holder" after "A licensee";
(e) by inserting in subsection (2) "or permit
holder" after "the licensee";
(f) by inserting in subsection (2) "or serve"
after "sell";
(g) by inserting in subsection (2) "or permit
premises" after "premises";
(h) by inserting in subsection (2) "or serves"
after "sells";
(i) by omitting from subsection (2) "appears
to be drunk" and substituting "is
intoxicated".
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Liquor Licensing Amendment Act 2015
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s. 79
79. Section 79 amended (Liquor not to be supplied on
licensed premises or permit premises to intoxicated
people)
Section 79 of the Principal Act is amended as
follows:
(a) by omitting "shall" and substituting
"must";
(b) by omitting "appears to be drunk" and
substituting "is intoxicated";
(c) by omitting from paragraph (b)
"premises specified in a special permit"
and substituting "permit premises".
80. Section 79A amended (Licensee and permit holder
to prevent offences on licensed premises and permit
premises)
Section 79A of the Principal Act is amended as
follows:
(a) by inserting "or permit holder" after
"licensee";
(b) by inserting "or permit premises" after
"premises".
81. Sections 79B, 79C and 79D inserted
After section 79A of the Principal Act, the
following sections are inserted in Division 6:
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Liquor Licensing Amendment Act 2015
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79B. Sale of liquor through vending machines
(1) In this section -
vending machine means a machine or
device that is designed to enable
the purchase of items stored in
the machine or device by
electronic funds transfer or the
insertion of money or a token.
(2) A person must not sell liquor by means
of a vending machine unless -
(a) it is specified by the
Commissioner in a licence or
permit that the person may do so;
and
(b) the vending machine is on
licensed premises or permit
premises; and
(c) the person complies with any
condition specified by the
Commissioner in the licence or
permit concerning the use of the
vending machine.
Penalty: Fine not exceeding 20 penalty
units.
79C. Liquor not to be brought onto licensed
premises or permit premises without consent
A person must not bring liquor onto
licensed premises or permit premises
57
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s. 82
without the consent of the licensee or
permit holder.
Penalty: Fine not exceeding 10 penalty
units.
79D. Prohibited behaviour and language
A person must not, on licensed premises
or permit premises -
(a) act in a violent, quarrelsome or
disorderly manner; or
(b) use disgusting, profane or foul
language.
Penalty: Fine not exceeding 20 penalty
units.
82. Section 80 amended (Person to leave licensed
premises when required to do so, &c.)
Section 80 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "shall"
and substituting "must";
(b) by omitting from subsection (2) "shall"
and substituting "must";
(c) by inserting the following subsections
after subsection (2):
(2A) A person to whom subsection (1)
applies must not, without
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reasonable excuse, remain in the
vicinity of those licensed
premises for -
(a) the remainder of the day's
trading for the licensed
premises; or
(b) 6 hours from being
required to leave the
premises -
whichever is the longer period.
Penalty: Fine not exceeding 50
penalty units.
(2B) For the purposes of
subsection (2A), reasonable
excuse includes, but is not limited
to the person -
(a) residing within the
vicinity of the licensed
premises; and
(b) needing to remain in, or
re-enter, the vicinity of
the licensed premises to
obtain transport; and
(c) reasonably fearing for his
or her safety if he or she
does not remain in, or re-
enter, the vicinity of the
licensed premises.
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(d) by omitting from subsection (3)(a)
"subsection (1) or (2)" and substituting
"subsection (1), (2) or (2A)";
(e) by inserting in subsection (3)(b) "or the
vicinity of licensed premises" after
"premises";
(f) by omitting from subsection (3)(b)
"subsection (1) or (2)" and substituting
"subsection (1), (2) or (2A)".
83. Section 80A amended (Person to leave permit
premises when required to do so, &c.)
Section 80A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"premises specified in a special permit"
and substituting "permit premises";
(b) by inserting the following subsections
after subsection (1):
(1A) A person to whom subsection (1)
applies must not, without
reasonable excuse, remain in the
vicinity of that permit premises
for -
(a) the remainder of the day's
trading for the permit
premises; or
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(b) 6 hours from being
required to leave the
premises -
whichever is the longer period.
Penalty: Fine not exceeding 50
penalty units.
(1B) For the purposes of subsection
(1A), reasonable excuse includes,
but is not limited to the person -
(a) residing within the
vicinity of the permit
premises; and
(b) needing to remain in, or
re-enter, the vicinity of
the permit premises to
obtain transport; and
(c) reasonably fearing for his
or her safety if he or she
does not remain in, or re-
enter, the vicinity of the
permit premises.
(c) by inserting in subsection (2)(a) "or
(1A)" after "subsection (1)";
(d) by omitting from subsection (2)(b)
"premises specified in a special permit"
and substituting "permit premises or the
vicinity of permit premises";
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(e) by omitting from subsection (2)(b)
"relieves" and substituting "believes";
(f) by inserting in subsection (2)(b) "or
(1A)" after "subsection (1)".
84. Section 81 substituted
Section 81 of the Principal Act is repealed and
the following sections are substituted:
81. Barring orders
(1) In this section -
barred person means a person on or to
whom an order under
subsection (2) or (4) is served or
given;
senior police officer, in relation to a
barring order, means -
(a) in the case of a barring
order in force for a period
of less than 72 hours, a
police officer of or above
the rank of sergeant; and
(b) in the case of a barring
order in force for a period
of 72 hours or more, a
police officer of or above
the rank of inspector.
(2) A licensee, a person acting with the
authority of the licensee, or a permit
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holder, may by order in writing served on
a person, bar that person from entering or
remaining on the licensed premises or
permit premises for a specified period
not exceeding 6 months -
(a) if the barred person is intoxicated
or acting in a violent or
quarrelsome manner on the
licensed premises or permit
premises; or
(b) if the licensee, person acting with
the authority of the licensee, or
permit holder, reasonably
believes that the safety of the
barred person or any other person
on the licensed premises or
permit premises is at risk because
of the behaviour of the barred
person as a result of his or her
consumption of liquor; or
(c) on any other reasonable ground.
(3) An order served under subsection (2)
must be in a form approved by the
Commissioner.
(4) A police officer may, with the
authorisation of a senior police officer,
by order given to a person in the
prescribed manner, bar the person from
entering or remaining on -
(a) specified licensed premises or
permit premises; or
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(b) licensed premises or permit
premises of a specified class
within a specified area; or
(c) all licensed premises or permit
premises within a specified area -
for a specified period not exceeding 6
months.
(5) A police officer may give an order under
subsection (4) -
(a) if the police officer is satisfied
that the welfare of the barred
person is seriously at risk as a
result of the barred person's
consumption of liquor; or
(b) if the barred person commits an
offence, or behaves in an
offensive or disorderly manner,
on the licensed premises or
permit premises or in an area
adjacent to the licensed premises
or permit premises; or
(c) on any other reasonable ground.
(6) Notwithstanding the Personal
Information Protection Act 2004, a
police officer may provide a licensee or
permit holder, or an employee of a
licensee or permit holder, with
information about a person (including
photographic and other information that
may identify the person) for the purpose
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of identifying a person who has been
barred from the licensed premises or
permit premises under a barring order.
(7) A person who is prohibited under a
barring order from entering or remaining
on licensed premises or permit premises
must not enter or attempt to enter, or
remain on, the licensed premises or
permit premises to which the order
relates.
Penalty: Fine not exceeding 50 penalty
units.
(8) A person on whom a barring order has
been served or given must not, without
reasonable excuse, enter or remain in the
vicinity of the licensed premises or
permit premises to which the order
relates for -
(a) the remainder of the day's trading
for the licensed premises or
permit premises; or
(b) 6 hours from the time of being
served or given the barring
order -
whichever is the longer period.
Penalty: Fine not exceeding 50 penalty
units.
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(9) For the purposes of subsection (8),
reasonable excuse includes, but is not
limited to the person -
(a) residing within the vicinity of the
licensed premises or permit
premises; and
(b) needing to remain in, or re-enter,
the vicinity of the licensed
premises or permit premises to
obtain transport; and
(c) reasonably fearing for his or her
safety if he or she does not
remain in, or re-enter, the vicinity
of the licensed premises or permit
premises.
(10) A barring order under this section must
contain any prescribed information.
(11) The power under this section to serve or
give a barring order includes a power,
exercisable in a like manner, to vary or
revoke the barring order.
81A. Review of police barring order
(1) A person may apply, in writing, to the
Commissioner of Police for a review of a
barring order given by a police officer
under section 81(4).
(2) If an application for a review of a barring
order is made under subsection (1), the
Commissioner of Police must -
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(a) determine the application; or
(b) appoint a police officer of or
above the rank of inspector to
determine the application.
(3) In determining an application for a
review of a barring order under
subsection (1), the Commissioner of
Police or police officer appointed under
subsection (2)(b) may -
(a) uphold the barring order; or
(b) vary the barring order; or
(c) revoke the barring order.
(4) An application under subsection (1) must
be determined within 28 days from the
date the Commissioner of Police received
the application.
(5) On determining an application under
subsection (1), the Commissioner of
Police or police officer appointed under
subsection (2)(b) must notify the
applicant, in writing, of that
determination.
85. Section 83 amended (Name, address and date of
birth to be given to police if lawfully requested)
Section 83 of the Principal Act is amended by
omitting "shall" and substituting "must".
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86. Part 2, Division 7: Heading amended
Division 7 of Part 2 of the Principal Act is
amended by omitting "Administration of
licensed and special permit premises" from the
heading to that Division and substituting
"Administration of licensed premises and
permit premises".
87. Section 84 amended (Areas of licensed premises
may be designated to prohibit or restrict entry, &c.,
of young people)
Section 84(2)(b) of the Principal Act is amended
by omitting "parent or guardian" and substituting
"responsible adult".
88. Section 86 amended (Powers of authorized officer)
Section 86(2)(a) of the Principal Act is amended
by omitting "premises specified in a special
permit" and substituting "permit premises".
89. Section 89 amended (Police may enter licensed
premises or permit premises)
Section 89(b) of the Principal Act is amended by
omitting "premises specified in a special permit "
and substituting "permit premises".
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90. Section 92A amended (Power to seize false identity
documents)
The definition of responsible entity in section
92A(5) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "or permit
holder" after "licensee";
(b) by inserting in paragraph (b) "or permit
holder" after "licensee";
(c) by inserting in paragraph (c) "or permit
holder" after "licensee".
91. Section 93 amended (Power to restrict entry to
licensed or permit premises)
Section 93 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "special"
first occurring;
(b) by omitting from subsection (3)(a)
"premises specified in the special permit"
and substituting "permit premises";
(c) by omitting from subsection (4)
"premises specified in the special permit"
and substituting "permit premises";
(d) by omitting from subsection (4) "special"
second occurring.
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92. Section 94 amended (Power of police to require
people to leave licensed or permit premises)
Section 94 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"special" and substituting "liquor";
(b) by omitting from subsection (1)(ba)
"premises specified in a special permit"
and substituting "permit premises";
(c) by omitting from subsection (1)(d)
"premises specified in a special permit"
and substituting "permit premises";
(d) by omitting from subsection (2)(b)
"premises specified in a special permit"
and substituting "permit premises".
93. Part 2, Divisions 8, 9 and 10 inserted
After section 97 of the Principal Act, the
following Divisions are inserted in Part 2:
Division 8 - Disciplinary action
98. Interpretation
In this Division -
disciplinary action means any one or
more of the following:
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(a) the cancellation of a
liquor licence or liquor
permit;
(b) the suspension, for a
specified period, of a
liquor licence or liquor
permit;
(c) the variation of a liquor
licence or liquor permit;
(d) the imposition of a fine
not exceeding 100 penalty
units;
(e) the issuing of a letter of
censure;
variation, in relation to a liquor
licence or liquor permit, includes
but is not limited to the
following:
(a) a variation of the times at
which the liquor licence
or liquor permit
authorises the sale of
liquor;
(b) a variation of the size or
perimeter of the licensed
premises or permit
premises;
(c) a variation of the
conditions of the liquor
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licence or liquor permit
(including omitting,
amending, substituting or
adding a condition).
99. Grounds for disciplinary action
Each of the following is a ground for
disciplinary action in relation to a liquor
licence or liquor permit:
(a) the licensee or permit holder has
contravened a provision of this
Act;
(b) the licensee or permit holder has
contravened a condition to which
the licence or permit is subject;
(c) the licensee or permit holder is no
longer qualified to hold a liquor
licence or liquor permit;
(d) failure to comply with a written
notice under section 40;
(e) the licensee or permit holder has
been convicted of an offence,
either in Tasmania or elsewhere,
and the Commissioner is satisfied
that it is not in the public interest
that the licensee or permit holder
continues to hold a liquor licence
or liquor permit;
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(f) the licensee or permit holder is
serving a term of imprisonment;
(g) the licensee or permit holder has
failed to discharge financial
obligations or debts owing to the
Crown under this Act;
(h) the licence or permit was
obtained by means of a false or
misleading statement or by a
failure to disclose relevant
information;
(i) the sale of liquor on the licensed
premises or permit premises -
(i) is causing undue
annoyance or disturbance
to -
(A) people living or
working in the
neighbourhood of
the premises; or
(B) customers or
clients of any
business in the
neighbourhood of
the premises; or
(C) people conducting
or attending
religious services
or attending a
school in the
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neighbourhood of
the premises; or
(D) people lawfully on
the premises; or
(ii) is causing the occurrence
of disorderly conduct -
(A) in the premises; or
(B) in the
neighbourhood of
the premises;
(j) an associate of the licensee or
permit holder who is a natural
person with any influence over
the management of the business
carried on under the licence or
permit is not, or is no longer, a fit
and proper person to be an
associate of a licensee or permit
holder;
(k) the licensee or permit holder can
no longer exercise effective
control over the sale or
consumption of liquor on all or
any part of the licensed premises;
(l) the licensee or permit holder is no
longer using or intending to use
the licensed premises or permit
premises for all or any of the
activities authorized by the
licence or permit;
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(m) in the case of a club licence-
(i) the rules or constitution of
the club have been
changed without the
Commissioner's approval;
or
(ii) the rules or constitution of
the club are not being
observed; or
(iii) the club has failed to
comply with, or has
contravened, any
applicable regulations or
conditions specified in the
licence; or
(iv) the principal activity of
the club is the sale or
consumption of liquor -
and, as a result, in the
Commissioner's opinion it is
inappropriate that liquor should
continue to be sold on the club's
premises;
(n) the area of the licensed premises
or permit premises has been
altered without the
Commissioner's approval.
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100. Procedure for disciplinary action
(1) If the Commissioner considers it
appropriate, the Commissioner may
inquire into whether there are grounds
for disciplinary action against a licensee
or permit holder.
(2) The Commissioner must notify a licensee
or permit holder by written notice -
(a) that the Commissioner is
considering taking disciplinary
action on the grounds specified in
the notice; and
(b) that the licensee or permit holder,
within 14 days of receipt of the
notice, may make written
submissions to the Commissioner
as to why disciplinary action
should not be taken.
(3) After considering any submissions made
under subsection (2), the Commissioner
may -
(a) take such disciplinary action as
the Commissioner considers
appropriate; or
(b) take no further action.
(4) The Commissioner must serve a licensee
or permit holder with written notice of
the Commissioner's decision under
subsection (3).
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(5) If the Commissioner gives notice under
subsection (4) that disciplinary action
will be taken, the Commissioner is to, at
the same time, inform the licensee or
permit holder of the licensee's or permit
holder's right to appeal to the
Commission against the Commissioner's
decision.
(6) Disciplinary action takes effect when the
notice under subsection (4) is served on
the licensee or permit holder or at a later
time specified in the notice.
(7) If disciplinary action is taken relating to a
liquor licence or liquor permit because a
licensee or permit holder has been
convicted of an offence -
(a) the disciplinary action does not
take effect until -
(i) the expiration of the
period to appeal against
the conviction; or
(ii) if an appeal is made
against the conviction, the
appeal is finally decided;
and
(b) the disciplinary action has no
effect if the conviction is
overturned.
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101. Disciplinary action as a letter of censure
(1) Despite section 100(2), the
Commissioner may issue a letter of
censure to a licensee or permit holder
without first allowing the licensee or
permit holder an opportunity to make
submissions as to why the letter of
censure should not be issued.
(2) A letter of censure may -
(a) include a direction to the licensee
or permit holder to take the action
specified in the letter for the
purposes of rectifying any matter
giving rise to the letter; and
(b) direct that the action be taken
within a period specified in the
letter.
(3) If a licensee or permit holder fails to
comply with a direction given in a letter
of censure within the period specified,
the Commissioner may -
(a) if the letter of censure was issued
after giving the licensee or permit
holder the opportunity to make
submissions as to why
disciplinary action should not be
taken, take further disciplinary
action without giving the licensee
or permit holder a further
opportunity to make submissions;
or
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(b) if the letter of censure was issued
without first giving the licensee
or permit holder the opportunity
to make submissions as to why
disciplinary action should not be
taken, take disciplinary action in
accordance with section 100.
102. Disciplinary action as a fine
If disciplinary action is the imposition of
a fine, the fine may be recovered as a
debt due to the Crown.
103. Disciplinary action as a cancellation or
suspension of liquor licence or liquor permit
(1) If the Commissioner finds that a ground
for disciplinary action against the
licensee or permit holder is that the
licensee or permit holder has been
convicted of an offence, either in
Tasmania or elsewhere, and the
Commissioner is satisfied that it is not in
the public interest that the licensee or
permit holder continues to hold a liquor
licence or liquor permit, the
Commissioner must -
(a) cancel the licence or permit; or
(b) suspend the licence or permit for
a specified period.
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(2) The Commissioner may, if he or she sees
fit, take other disciplinary action against
a licensee or permit holder in respect of
whom grounds for disciplinary action
have been established in addition to the
disciplinary action specified in
subsection (1).
104. Urgent suspension
(1) This section applies if the Commissioner
believes, on reasonable grounds that -
(a) a ground exists for taking
disciplinary action in relation to a
liquor licence or liquor permit;
and
(b) harm may be caused to members
of the public if urgent action to
suspend the liquor licence or
liquor permit is not taken.
(2) The Commissioner may immediately
suspend the liquor licence or liquor
permit by written notice which must -
(a) be served on the licensee or
permit holder; and
(b) state that the liquor licence or
liquor permit is suspended; and
(c) inform the licensee or permit
holder of his or her right to
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appeal to the Commission against
the Commissioner's decision.
(3) An urgent suspension takes effect
immediately the notice is served on the
licensee or permit holder.
(4) At the same time as the Commissioner
serves the notice on the licensee or
permit holder, the Commissioner is to
commence disciplinary action under
section 100.
(5) An urgent suspension continues until the
first of the following happens:
(a) the Commissioner revokes it;
(b) the Commissioner, under
section 100(4), serves on the
licensee notice of the
Commissioner's decision under
section 100(3);
(c) the end of the period of 30 days
from the day the notice under
subsection (2) was served on the
licensee.
(6) If an appeal against the suspension of a
licence or permit under this section is
made under section 212(1), the
Commission is to, within 14 days of
receiving the notice of the appeal, sit to
hear the appeal.
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Division 9 - Licence or permit cancellation or suspension
in other circumstances
105. Licence or permit suspension or cancellation
(1) The Commissioner may, by written
notice served on the licensee or permit
holder, cancel a liquor licence or liquor
permit, or suspend a liquor licence or
liquor permit for such period as the
Commissioner considers appropriate, if -
(a) the Commissioner is satisfied
that -
(i) in the case of an on-
licence granted in respect
of premises operating as a
restaurant, the licensee is
no longer using the
premises as a restaurant;
or
(ii) the licensee or permit
holder is no longer the
owner or occupier of the
licensed premises or
permit premises; or
(iii) the licensee or permit
holder is no longer the
agent of the owner or
occupier of the licensed
premises or permit
premises; or
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(b) the licensee or permit holder is no
longer using or intending to use
the licensed premises or permit
premises for all or any of the
activities authorized by the
licence or permit; or
(c) a licensee fails to pay the
prescribed annual liquor licence
fee payable under section 26A -
(i) within one month of it
becoming payable; or
(ii) by any later date to which
the Commissioner may
agree; or
(d) a licensee or permit holder fails to
pay a fine imposed under
section 102.
(2) If the Commissioner gives notice under
this section cancelling or suspending a
liquor licence or liquor permit, the
Commissioner is to, at the same time,
inform the licensee or permit holder of
the licensee's or permit holder's right to
appeal to the Commission against the
cancellation or suspension of the licence
or permit.
(3) The cancellation or suspension of a
liquor licence or liquor permit under this
section takes effect on the date when
notice of the cancellation or suspension
is served on the licensee or permit
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holder, or on such later date as is
specified in the notice.
Division 10 - Miscellaneous
106. Revocation or reduction of suspension
The Commissioner may revoke or reduce
a suspension under this Act at any time
by notice served on the licensee or permit
holder.
107. Liability not extinguished by suspension,
cancellation, surrender, transfer or expiry of
licence or permit
The liability of a licensee or permit
holder to -
(a) disciplinary action under
Division 8; or
(b) the cancellation or suspension of
the liquor licence or liquor permit
under Division 9 -
is not extinguished by the subsequent
suspension, cancellation, surrender,
transfer or expiry of that licence or
permit under another provision of this
Act and, for that purpose -
(c) a reference in this Division to a
licensee or permit holder includes
a former licensee or former
permit holder; and
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(d) the Commissioner's disciplinary
powers under this Division are,
with necessary modification,
capable of being exercised in
respect of the acts or omissions of
any person in his or her capacity
as a former licensee or former
permit holder.
94. Section 207 amended (Commissioner for Licensing)
Section 207(3) of the Principal Act is amended
by inserting "or permit holders" after
"licensees".
95. Section 211 amended (Right to appeal to
Commission)
Section 211 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "liquor"
after "grant a";
(b) by inserting in paragraph (a) "liquor"
after "or";
(c) by omitting from paragraph (b) "the
conditions subject to which a liquor
licence or permit was granted" and
substituting "the imposition of conditions
on a liquor licence or liquor permit";
(d) by inserting in paragraph (d)
"suspension," after "the";
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(e) by inserting in paragraph (d) "liquor"
after "a";
(f) by omitting from paragraph (e) "the
suspension or cancellation of a liquor
licence, or the variation of a special
licence" and substituting "the suspension,
cancellation or variation of a liquor
licence";
(g) by omitting from paragraph (f) "given"
and substituting "served";
(h) by omitting from paragraph (f) "section
41(1)" and substituting "section 40 or
68";
(i) by inserting in paragraph (g) "or a liquor
permit" after "licence";
(j) by omitting from paragraph (h) "order."
and substituting "order;";
(k) by inserting the following paragraph after
paragraph (h):
(i) a decision by the Commissioner
to take disciplinary action.
96. Section 212 amended (Procedure on appeal)
Section 212 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsections:
(1) An appeal against a decision by the
Commissioner must be made, in writing,
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to the Commission within 14 days from
the date of receipt of the decision or
within such further period as the
Commission considers is appropriate in
the interests of justice.
(2) The Commission is to hold a hearing to
consider an appeal within a reasonable
period after receiving the appeal.
97. Section 220A inserted
After section 220 of the Principal Act, the
following section is inserted in Division 3:
220A. Application may be varied with
Commissioner's approval
A person may vary an application made
to the Commissioner under this Act if -
(a) the person has the approval of the
Commissioner to do so; and
(b) the Commissioner has not
determined the application.
98. Section 222B inserted
After section 222A of the Principal Act, the
following section is inserted in Division 3:
222B. Requirement to provide wholesale and
producer information
(1) In this section -
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wholesale liquor supply information,
in relation to a wholesale liquor
transaction, means the following
information:
(a) the volume of the liquor
supplied in the
transaction;
(b) the value, in dollars, of
the liquor supplied in the
transaction;
(c) the type of the liquor
supplied in the
transaction;
(d) any prescribed additional
information;
wholesale liquor transaction means a
transaction of a type prescribed
for the purposes of this definition.
(2) The Minister may, by notice in writing,
require a licensee who has conducted a
wholesale liquor transaction, to provide
wholesale liquor supply information to
the Minister.
(3) The licensee required to provide
wholesale liquor supply information
under subsection (2) must provide the
required information to the Minister
within the period and in the manner
specified in the notice.
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Penalty: Fine not exceeding 15 penalty
units.
(4) The licensee, in providing any wholesale
liquor supply information, must not -
(a) make a statement knowing it to
be false or misleading; or
(b) omit any matter knowing that
without that matter the
information is misleading.
Penalty: Fine not exceeding 15 penalty
units.
99. Section 223 amended (Infringement notices)
Section 223(5) of the Principal Act is amended
as follows:
(a) by omitting "years;" from the definition
of adult and substituting "years.";
(b) by omitting the definition of prescribed.
100. Section 226 amended (Regulations)
Section 226(2) of the Principal Act is amended
by inserting after paragraph (ba) the following
paragraphs:
(bb) prescribe requirements in relation to the
sale or service of liquor by persons who
are under the age of 18 years; and
89
Liquor Licensing Amendment Act 2015
Act No. of
s. 101
(bc) prescribe matters in relation to the
serving or giving of barring orders; and
(bd) prescribe requirements in relation to
documents which provide evidence of
age; and
(be) prescribe record keeping requirements;
and
(bf) provide for the use and disclosure of
wholesale liquor supply information,
including limitations on such use and
disclosure; and
(bg) be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstances or otherwise, specified in
the regulations; and
(bh) prescribe exemptions from complying
with any of the regulations on the terms
and conditions (if any) prescribed; and
101. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
90 Government Printer, Tasmania