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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  20 May 2013
Consolidated as at:  Sessional

Division 4 - Restrictions and controls on sale of liquor

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.

40. Cancellation of out-of-hours permit

      (1) The Commissioner may cancel an out-of-hours permit granted in respect of licensed premises if the Commissioner is satisfied that the sale of liquor on those premises between the times specified in the permit –

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

(b) is causing the occurrence of disorderly conduct –

(i) in the premises; or

(ii) in the neighbourhood of the premises.

      (2) The cancellation of an out-of-hours permit has effect when notice of the cancellation is served on the licensee.

      (3) A notice of cancellation shall inform the licensee of the licensee's right to appeal to the Board against the cancellation of the out-of-hours permit.

41. Powers of Commissioner to suspend licence

      (1) If the Commissioner is satisfied that a licensee –

(a) has failed to comply with an obligation under Division 5 (obligations of licensees); or

(b) has been guilty of an offence under Division 6 (offences); or

(c) has allowed the licensed premises to be used so as to cause undue disturbance or annoyance 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 a place of worship or a school in the neighbourhood of the premises; or

(iv) people lawfully on the premises –

      (2) If a licensee fails to comply with a direction specified in a notice given in accordance with subsection (1) the Commissioner may, by written notice served on the licensee, suspend the licence of the licensee in respect of –

(a) the whole or any part of the premises; or

(b) all or any of the activities authorized by the licence to be carried on on the premises –

      (3) If the Commissioner gives notice under subsection (2) suspending a liquor licence the Commissioner shall, at the same time, inform the licensee of the licensee's right to appeal to the Board against the suspension of the licence.

      (4) The suspension of a liquor licence under this section takes effect when notice of the suspension is served on the licensee or on such later date as is specified in the notice.

      (5) The Commissioner may revoke a suspension under subsection (2) at any time by notice served on the licensee.

      (6) Without prejudice to a licensee's obligation to comply with a notice given in accordance with subsection (1), the licensee may at any time appeal to the Board against any requirement specified in the notice.

      (7) If an appeal under this section against the suspension of a licence in respect of the whole or part of the licensed premises is received by the Board it shall within 7 working days of receiving notice of the appeal under section 212(1) sit to hear the appeal.

42. Cancellation and suspension of licence

      (1) The Commissioner may apply to the Board for a hearing to cancel or suspend a licence if the Commissioner is satisfied that –

(a) the licensee is in prison serving a term of imprisonment; or

(b) during the immediately preceding 3 years a total of 3 offences have been committed in respect of the conduct of the licensed premises; or

(c) the licensee has been convicted of an offence, either in Tasmania or elsewhere, that makes it not in the public interest that the licensee should continue to hold a licence; or

(d) the licence has been suspended under or by virtue of this Part on 3 occasions; or

(e) the licensee can no longer exercise personal control over the sale or any consumption of liquor on all or any part of the licensed premises; or

(f) the licensee is no longer using or intending to use the licensed premises for all or any of the activities authorized by the licence; or

(g) the licensee is no longer the owner or occupier of the licensed premises; or

(h) the licensee is no longer the agent of the owner or occupier of the licensed premises; or

(i) the licence was obtained by means of a false or misleading statement or by a failure to disclose relevant information; or

(j) 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 is not complying with liquor guidelines published under section 17 –

and, as a result, it is inappropriate that liquor should continue to be sold on the club's premises; or

(k) the licensed premises have been altered without the Commissioner's approval.

      (2) For the purpose of subsection (1)(b), offences committed in respect of the conduct of the licensed premises means offences committed by the licensee or by people acting on behalf of the licensee under sections 5 (liquor sold otherwise than as authorized), 70(1) (liquor sold to young people), 75 (young people having possession and control of liquor on licensed premises) and 78 (liquor sold to people appearing to be drunk).

43. Conditions – liquor

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 all or any of the following:

(a) the type of liquor that may be sold;

(b) the quantity of liquor that may be sold either to each person, during a specified period, or in total;

(c) the containers in which liquor may be sold;

(d) the area of the premises on which liquor may be sold or consumed;

(e) the services to be provided while liquor is being sold or consumed;

(f) the entertainment to be provided while liquor is being sold or consumed;

(g) the staff to be employed both before and after the time that liquor is sold or consumed and during the time liquor is being sold or consumed, and the qualifications and duties of that staff;

(h) the measures to be taken to suppress or limit noise and disturbances.