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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  24 May 2013
Consolidated as at:  Sessional

Division 5 - Obligations of licensees

44. Licensee to keep records

      (1) A licensee shall keep records showing –

(a) in the case of an off-licence or a prescribed special licence –

(i) the quantity of liquor sold or otherwise disposed of on or from the premises specified in the licence; and

(ii) the date on which it was sold or disposed of; and

(iii) the price at which it was sold; and

(iv) in respect of liquor sold for sale on other licensed premises – the name and address of each purchaser; and

(v) the quantity of liquor made, purchased or otherwise obtained for sale on the premises specified in the licence; and

(vi) the date on which it was bottled or otherwise placed in a container or purchased or otherwise obtained; and

(vii) the price at which it was purchased or otherwise obtained; and

(b) in the case of any other liquor licence –

(i) the quantity of liquor purchased or otherwise obtained for sale on the premises specified in the licence; and

(ii) the date on which it was purchased or otherwise obtained; and

(iii) the price at which it was purchased or otherwise obtained.

      (1A) In subsection (1), prescribed special licence means a special licence –

(a) under which, in the opinion of the Commissioner, liquor is sold primarily or exclusively to other licensees for the purposes of reselling it on their licensed premises; or

(b) that authorizes the sale only of local wine on a part of premises where –

(i) fruit used to produce local wine is grown; or

(ii) local wine is produced.

      (2) A record shall not include liquor declared to be exempt liquor in accordance with section 98(11).

      (3) A licensee shall keep a record in such form as the Commissioner specifies.

      (4) A licensee shall keep a record –

(a) on the licensed premises; or

(b) on such other premises as the Commissioner, on the application of the licensee, approves.

      (5) A licensee shall preserve a record for 5 years after the date referred to in subsection (1)(a)(ii) or (1)(b)(ii).

      (6) A licensee shall –

(a) produce a record to an authorized officer when required to do so; and

(b) allow an authorized officer to take a copy of a record.

45. Licensee to provide abstracts

      (1) A licensee shall provide the Commissioner with abstracts of the licensee's records to enable the Commissioner to calculate each licence fee to be paid by the licensee.

      (2) An abstract –

(a) shall be provided by 31 July in each year; and

(b) shall consist of a copy of the licensee's records in respect of the period of 12 months ending on the last day of the preceding June.

      (3) A licensee shall provide an abstract in such form as the Commissioner specifies.

46. Licensee to retain control on the sale and consumption of liquor

A licensee shall ensure that the business carried on on the licensed premises is carried on in such a way that the licensee can exercise personal control over the sale and any consumption of liquor on the premises.

47. Licensee not to alter premises without approval

A licensee shall not alter the licensed premises without the Commissioner's approval.

48. Licensee to keep premises in good repair

A licensee shall maintain in good repair –

(a) the licensed premises; and

(b) any other premises –

(i) belonging to the licensee; or

(ii) under the licensee's control –

which are provided for the use of patrons of the licensed premises.

49. Furniture and equipment, &c., to be provided

A licensee shall provide and maintain in good repair on the licensed premises such furniture, equipment, fixtures and fittings –

(a) as are necessary to carry on on the licensed premises the activities authorized by the licence; and

(b) as may be necessary to provide an appropriate degree of comfort and service to patrons resorting to the premises.

50. Licensee to keep premises clean

A licensee shall keep clean –

(a) the licensed premises; and

(b) any other premises –

(i) belonging to the licensee; or

(ii) under the licensee's control –

which are provided for the use of patrons of the licensed premises.

51. Licensee to display name

A licensee shall display the licensee's name in a conspicuous position near the principal public entrance to the licensed premises.

52. Licence to be kept on licensed premises

A licensee shall keep the licensee's licence on the licensed premises.

53. Licence to be produced on demand

A licensee shall produce the licensee's licence to a police officer or authorized officer when required to do so.

54. Special licence to be displayed

The holder of a special licence shall display the licence in a conspicuous position on the licensed premises.

55. Permits to be displayed on licensed premises

A licensee shall display in a conspicuous position on the licensed premises any liquor permit granted in respect of the premises.

56. Liquor restriction order to be displayed on licensed premises

A licensee shall display in a conspicuous position on the licensed premises any liquor restriction order made by the Board in respect of the premises or any part of the premises.

57. Licensee to indicate trading hours

If so required by the Commissioner, a licensee shall indicate to the public the times between which the licensed premises will usually be open for the sale of liquor.

58. Licensee to indicate availability of meals

If meals may be purchased by the public on licensed premises the licensee shall indicate to the public the availability of meals.

59. Licensee to indicate availability of tourist accommodation

If tourist accommodation is available at the licensed premises the licensee shall indicate to the public the availability of that accommodation.

60. Licensee to display notice prohibiting or restricting entry of young people

A licensee shall ensure that there is displayed in a conspicuous position in any part of the licensed premises designated in accordance with section 84(1) or (2) (entry of young people prohibited or restricted) a notice provided or approved for that purpose by the Commissioner giving notice of the prohibition or restriction that applies in that part.

61. Licensee to prohibit or restrict entry of young people to certain parts of licensed premises

A licensee shall ensure that a person under the age of 18 years does not –

(a) enter or remain on any part of the licensed premises designated under section 84(1); or

(b) enter or remain on any part of the licensed premises designated under section 84(2) except –

(i) to have a meal; or

(ii) in the company of a parent or guardian.

62. Licensee to require certain people to leave licensed premises

A licensee shall require a person who –

(a) is acting in a violent, quarrelsome or disorderly manner; or

(b) is using disgusting, profane or foul language –

63. Liquor not to be consumed on off-licensed premises

The holder of an off-licence shall not permit liquor purchased on the licensed premises to be consumed on those premises unless the consumption is authorized by an on-permit.

64. Liquor not to be removed from on-licensed premises

The holder of an on-licence shall not permit liquor purchased on the licensed premises to be taken off those premises to be consumed elsewhere unless consumption of the liquor off the premises is authorized by an off-permit.

65. Licensee to restrict people on certain licensed premises outside authorized hours

      (1) A licensee under a general licence or an on-licence shall not permit a person to enter or remain on any part of the licensed premises where liquor is normally sold over a bar at any time between –

(a) 15 minutes after the time when the sale of liquor on the premises under the authority of a licence or permit ceased; and

(b) the next time when liquor may be sold on the premises under the authority of a licence or permit; and

(c) midnight on the Thursday before Good Friday and 11 a.m. on Good Friday; and

(d) 9 p.m. on Good Friday and 5 a.m. on the Saturday after Good Friday.

      (2) Subsection (1) does not apply to –

(a) the licensee; or

(b) a member of the licensee's family; or

(c) a resident of the licensed premises; or

(d) an employee of the licensee; or

(e) a person required to be on the premises in the course of employment; or

(f) in the case of a Good Friday – a person who is on the premises for the purpose of consuming a meal.

66. Licensee to notify Commissioner of prolonged absence from licensed premises

      (1) A licensee shall not be absent from the licensed premises for a period exceeding 7 days unless before the absence, the licensee gives the Commissioner written notice specifying –

(a) the period during which the licensee will be absent; and

(b) the name and address of the person who will be in charge of the premises during the licensee's absence, being a person who is 21 years of age or older.

      (2) Subsection (1) does not apply if liquor is not to be sold on the licensed premises during the licensee's absence.

      (3) In the case of an emergency absence by the licensee subsection (1) shall be taken to have been complied with if notice was given under that subsection at the earliest reasonable opportunity.

67. Licensee not to hinder, &c., authorized officer

A licensee shall not –

(a) hinder an authorized officer carrying out the authorized officer's duties under this Part; or

(b) fail to comply with a reasonable requirement of an authorized officer made in accordance with this Part; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.