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:

(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 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;

(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 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 or permit 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;

(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.

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) .

(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.

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

(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.

(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 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.

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

(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 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

(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.