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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  21 May 2013
Consolidated as at:  Sessional

Division 6 - Offences

68. False returns – liquor

A person shall not –

(a) with intent to defraud –

(i) keep records or provide an abstract that is false or misleading in any material particular; or

(ii) omit from the person's records or abstract any information that is required to be in the record or abstract by virtue of this Part; or

(b) by an act or omission, wilfully evade the payment of a licence fee, or procure, or attempt to procure, an incorrect determination of a licence fee.

Penalty:

Fine not exceeding 40 penalty units.

69. False applications

A person shall not knowingly make a false or misleading statement in an application made for the purposes of this Part.

Penalty:

Fine not exceeding 10 penalty units.

70. Liquor not to be sold to young people

      (1) A person shall not sell liquor to a person under the age of 18 years.

Penalty:

Fine not exceeding 10 penalty units.

      (2) A licensee is guilty of an offence if a person authorized by the licensee to sell liquor on the licensed premises sells liquor to a person under the age of 18 years.

Penalty:

Fine not exceeding 20 penalty units.

71. Liquor not to be supplied to young people on licensed premises, &c.

A person shall not supply liquor to a person under the age of 18 years on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:

Fine not exceeding 10 penalty units.

72. Young person not to enter, &c., certain parts of licensed premises, &c.

      (1) Subject to subsection (3), a person under the age of 18 years shall not enter or remain on any part of licensed premises designated in accordance with section 84(1) where a notice specifying the prohibition is displayed in accordance with section 60.

Penalty:

Fine not exceeding 10 penalty units.

      (2) Subject to subsection (3), a person under the age of 18 years shall not enter or remain on any part of licensed premises designated in accordance with section 84(2) where a notice specifying the prohibition is displayed in accordance with section 60 except –

(a) to have a meal; or

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

Penalty:

Fine not exceeding 10 penalty units.

      (3) Subsections (1) and (2) do not apply to a person working on the licensed premises.

73. Liquor not to be purchased by young people

A person under the age of 18 years shall not purchase liquor.

Penalty:

Fine not exceeding 10 penalty units.

74. Young person not to be sent to obtain liquor

A person shall not send a person under the age of 18 years –

(a) to purchase liquor; or

(b) to collect liquor from –

(i) licensed premises; or

(ii) premises specified in a special permit.

Penalty:

Fine not exceeding 10 penalty units.

75. Young person not to be given possession or charge of liquor on licensed premises, &c.

      (1) A licensee or a person acting on behalf of the licensee shall not give to a person under the age of 18 years possession or control of liquor on the licensed premises or allow a person under the age of 18 years to have or retain possession or control of liquor on the licensed premises.

Penalty:

Fine not exceeding 10 penalty units.

      (2) Subsection (1) does not apply in respect of a person under the age of 18 years who –

(a) has possession or charge of liquor in the course of work; and

(b) is working under the direct and personal supervision of a person who has attained the age of 21 years.

76. Young person not to consume liquor on licensed premises, &c.

A person under the age of 18 years shall not consume liquor on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:

Fine not exceeding 10 penalty units.

77. Young person not to have possession or control of liquor on licensed premises, &c.

      (1) A person under the age of 18 years shall not have possession or control of liquor on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:

Fine not exceeding 10 penalty units.

      (2) Subsection (1) does not apply in respect of a person who –

(a) has possession or charge of liquor in the course of work; and

(b) is working under the direct and personal supervision of a person who has attained the age of 21 years.

78. Liquor not to be sold to people appearing to be drunk

A person shall not sell liquor to a person who appears to be drunk.

Penalty:

Fine not exceeding 10 penalty units.

79. Liquor not to be supplied on licensed premises, &c., to people appearing to be drunk

A person shall not supply liquor to a person who appears to be drunk on –

(a) licensed premises; or

(b) premises specified in a special permit.

Penalty:

Fine not exceeding 10 penalty units.

79A. Licensee to prevent offences on licensed premises

A licensee who knows or has reason to believe that an offence under this or any other Act is being, or is about to be, committed on the licensed premises must take reasonable action to prevent the commission of the offence.

Penalty:

Fine not exceeding 10 penalty units.

80. Person to leave licensed premises when requested to do so, &c.

      (1) A person shall leave licensed premises when required to do so by –

(a) the licensee or a person acting with the authority of the licensee; or

(b) a police officer –

Penalty:

Fine not exceeding 10 penalty units.

      (2) A person who –

(a) has left licensed premises in compliance with subsection (1); or

(b) has been removed from licensed premises by a police officer acting in accordance with this Act –

Penalty:

Fine not exceeding 10 penalty units.

      (3) A police officer may –

(a) arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (2); and

(b) use such reasonable force as may be necessary to remove from licensed premises a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (2).

80A. Person to leave special permit premises when required to do so, &c.

      (1) A person who has been required under this Part to leave premises specified in a special permit –

(a) must leave those premises when required to do so; and

(b) must not re-enter or attempt to re-enter those premises during the period of 24 hours after the person so left those premises or was removed from those premises under subsection (2).

Penalty:

Fine not exceeding 10 penalty units.

      (2) A police officer may –

(a) arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1); and

(b) use such reasonable force as may be necessary to remove from premises specified in a special permit a person whom the police officer reasonably relieves is committing, or has committed, an offence under subsection (1).

81. Special permits to be displayed

The holder of a special permit shall display the permit in a conspicuous position on the premises specified in the permit during the time liquor may be sold on those premises under the authority of the permit.

Penalty:

Fine not exceeding 10 penalty units.

82. Authorized officer not to be hindered, &c.

A person must not, without reasonable excuse –

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

(b) fail to comply with any 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.

Penalty:

Fine not exceeding 10 penalty units.

83. Name, address and date of birth to be given to police if lawfully requested

A person shall give the person's name, address and date of birth if required to do so by a police officer acting in accordance with this Part.

Penalty:

Fine not exceeding 10 penalty units.

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