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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  4 Jul 2015
Consolidated as at:  Sessional

39. Liquor restriction orders

      (1) The Board may, by order served on a licensee, prohibit or restrict all or any of the activities authorized to be carried on on the licensed premises under the authority of a licence if the Board is satisfied after a hearing that it is necessary to do so on the grounds that –

(a) the use of the premises as authorized by the licence is causing 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 attending or in charge of people attending an educational establishment in the neighbourhood of the premises; or

(iv) people conducting or attending religious services in the neighbourhood of the premises; or

(b) to do so will reduce or avoid the occurrence of disorderly conduct –

(i) in the premises; or

(ii) in the neighbourhood of the premises.

      (2) An order under subsection (1) may –

(a) restrict generally the hours during which liquor is authorized to be sold or consumed on the licensed premises; or

(b) prohibit, restrict or impose conditions on the exercise of all or any of the activities authorized by the licence.

      (3) While an order made under subsection (1) is in effect in respect of premises the licence granted in respect of those premises is not authority for –

(a) the sale of liquor during any hours specified in the order as hours when liquor is not authorized to be sold on the premises; or

(b) any activity authorized by the licence unless any conditions imposed on the exercise of that activity by the order are being observed.

      (4) An order made under subsection (1) has effect for such period (not exceeding 1 year) as is specified in it but may be revoked at any time by the Board.

      (5) An application for a hearing under subsection (1) shall be made by the Commissioner and may be made as a result of –

(a) an investigation carried out following complaints made to the Commissioner; or

(b) a report received from an authorized officer.