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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  18 May 2013
Consolidated as at:  Sessional

Division 1 - Authorization to sell liquor

5. Liquor not to be sold except as authorized

A person shall not sell liquor except as authorized by –

(a) a liquor licence; or

(b) a liquor permit; or

(c) a general liquor exemption.

Penalty:

Fine not exceeding 40 penalty units.

6. Types of liquor licences and permits

The Commissioner may grant –

(a) the following liquor licences:

(i) a general licence;

(ii) an on-licence;

(iii) an off-licence;

(iv) a club licence;

(v) a special licence; and

(b) the following liquor permits:

(i) an out-of-hours permit;

(ii) an on-permit;

(iii) an off-permit;

(iv) a special permit.

7. General licence

A general licence authorizes –

(a) the sale of liquor between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on or off those premises; and

(b) the sale of liquor at any time to a resident of the premises specified in the licence and any premises of which those premises form a part.

8. On-licence

An on-licence authorizes the sale of liquor between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on those premises.

9. Off-licence

An off-licence authorizes the sale of liquor –

(a) in quantities of not less than 9 litres in respect of any one sale; or

(b) in the case of Tasmanian wine – in any quantity –

10. Club licence

A club licence authorizes the sale of liquor between 5 a.m. and midnight on any day on the premises of the club specified in the licence to –

(a) a member of the club; or

(b) a person who –

(i) is introduced to the club by a member in accordance with the rules of the club; or

(ii) is a member of the club by reason only of a reciprocal arrangement with another club –

11. Special licence

A special licence authorizes the sale of liquor –

(a) between times; and

(b) on premises; and

(c) subject to compliance with any condition –

12. Out-of-hours permit

An out-of-hours permit authorizes the sale of liquor –

(a) on the licensed premises; and

(b) between the times (being times after midnight and before 5 a.m. on any day); and

(c) subject to compliance with any condition –

13. On-permit

An on-permit authorizes the sale of liquor –

(a) on premises (being premises specified in an off-licence); and

(b) between any times; and

(c) subject to compliance with any condition –

14. Off-permit

An off-permit authorizes the sale of liquor –

(a) on premises (being premises specified in an on-licence); and

(b) between any times; and

(c) subject to compliance with any condition –

15. Special permit

A special permit authorizes the sale of liquor –

(a) on premises; and

(b) between times; and

(c) subject to compliance with any condition –

16. General liquor exemptions

      (1) If the Board is of the opinion that –

(a) the sale of liquor in a particular manner; or

(b) the sale of a particular class of liquor –

      (2) A general liquor exemption shall –

(a) specify –

(i) the manner of sale of liquor; or

(ii) the class of liquor that may be sold –

that is authorized by the general exemption; and

(b) specify any condition to be complied with when liquor is sold in that manner or when that class of liquor is sold.

      (3) If a condition specified in a general liquor exemption in accordance with subsection (2)(b) is not complied with the general liquor exemption is not authorization to sell liquor as specified in the exemption.

17. Liquor guidelines

      (1) The Board shall, from time to time, formulate and publish liquor guidelines setting out the policy it intends should generally be followed when consideration is given as to –

(a) whether or not a liquor licence or liquor permit should be granted; and

(b) the conditions to be imposed in a special licence or permit; and

(c) any other matter in relation to the administration of this Act.

      (2) The Board shall, if required to do so by the Minister, formulate and publish guidelines in relation to such matters under this Act as the Minister specifies.

      (3) In formulating liquor guidelines the Board shall formulate policies which, in its opinion, will best aid and promote the economic and social growth of Tasmania by encouraging and facilitating the orderly development of the hospitality industry in the State.

      (4) In formulating liquor guidelines the Board may –

(a) seek submissions, both from people with an interest in the liquor retailing industry and the general public; and

(b) consult such people as it considers appropriate; and

(c) take into account such considerations as it considers relevant.

      (5) The Board may formulate and publish different liquor guidelines for different classes of licences and permits.

      (6) Liquor guidelines are of no effect until approved by the Minister.

      (7) Liquor guidelines shall generally be followed by the Board or the Commissioner when considering an application in respect of a liquor licence or liquor permit but do not bind the Board or the Commissioner and may be departed from where the Board or the Commissioner is satisfied that it is in the public interest to do so.

18. Sale of liquor on premises to be otherwise lawful

A liquor licence, a liquor permit or a general liquor exemption does not authorize liquor to be sold on premises if the use of those premises for that purpose is otherwise unlawful.

19. Authorized opening hours may be extended generally on specific occasions, &c.

      (1) If, in respect of a specific event or occasion, the Commissioner considers it appropriate that the hours during which liquor is authorized to be sold on licensed premises by virtue of sections 7(a), 8, 9, 10 and 11 should generally be extended the Commissioner may, by notice in the Gazette, extend those hours.

      (2) A notice published in accordance with subsection (1) shall –

(a) specify –

(i) the event or occasion in respect of which the extension is granted; and

(ii) the hours during which the extension is to apply; and

(iii) any condition which is to be complied with during the period of the extension; and

(b) specify whether the extension applies –

(i) throughout the State or to a specified part of the State; and

(ii) to all licensed premises or to a specified class of licensed premises.

      (3) If a condition specified in a notice in accordance with subsection (2)(a)(iii) is not complied with the notice is not authorization to sell liquor during the period specified in the notice.

20. Effect of suspension of liquor licence

      (1) A liquor licence that has been suspended in respect of all or any part of the premises specified in it is not authority for the sale of liquor on the premises or that part of the premises in respect of which the licence has been suspended during the period of suspension.

      (2) The suspension of a liquor licence does not affect a licensee's obligation to pay licence fees in accordance with this Act.

21. Effect of failure to display liquor permit

A liquor permit is ineffective to authorize the sale of liquor on premises for the purpose of this Part unless it is displayed in a conspicuous position on the premises specified in it.