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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  19 May 2013
Consolidated as at:  Sessional

Division 7 - Administration of licensed and special permit premises

84. Areas of licensed premises may be designated to prohibit or restrict entry, &c., of young people

      (1) The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain.

      (2) The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain except –

(a) to have a meal; or

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

      (3) The designation of an area under subsection (1) or (2) may be limited to apply between specified times.

      (4) An area may be designated under both subsections (1) and (2) if the designations apply at different times.

      (5) A designation under subsection (1) or (2) may apply to the whole of the licensed premises.

      (6) The Commissioner shall notify the licensee when an area of the licensed premises has been designated under subsection (1) or (2) and shall specify in the notice –

(a) the type of designation; and

(b) the area so designated; and

(c) if the designation applies between specified times – the times between which the designation applies.

85. Routine inspections

      (1) An authorized officer may, at any time enter and inspect –

(a) 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.

      (2) An authorized officer may, at any time require a licensee to produce to the authorized officer the records required to be kept by the licensee in accordance with section 44 and to answer questions relating to those records.

      (3) An authorized officer may inspect and take copies or abstracts of any records produced to the officer in accordance with subsection (2).

86. Powers of authorized officer

      (1) For the purposes of this Part, an authorized officer may require a person, by written notice served on the person, to provide the officer within the period specified in the notice with a statement containing such particulars relating to dealing with liquor as are specified in the notice.

      (2) For the purposes of this Part, an authorized officer may, without warrant and with such assistants as he or she considers appropriate –

(a) at any time during which liquor may be sold on premises specified in a special permit, enter and remain on those premises; and

(b) at any reasonable time, enter and remain on licensed premises; and

(c) at any reasonable time, enter and remain on any premises (other than any premises used as a residence) which the authorized officer has reason to suspect is being, or has been, used for the purpose of –

(i) carrying on the business of selling liquor; or

(ii) storing liquor or records or other documents in connection with the business of selling liquor.

      (3) For the purposes of this Part, an authorized officer may, with the authority of a warrant issued under subsection (5) and with such assistants as he or she considers appropriate –

(a) use such reasonable force as is necessary to enter and remain in any premises specified in subsection (2) at the relevant time so specified; or

(b) using such reasonable force as is necessary, at any reasonable time enter and remain in any premises used as a residence.

      (4) In any premises lawfully entered, an authorized officer may do any one or more of the following:

(a) inspect the premises;

(b) search for, examine, take possession of, make copies of, take extracts from or secure against interference any records or other documents relating to the purchase, other obtaining, sale or other disposal of liquor;

(c) search for, examine, take possession of or secure against interference any liquor that –

(i) appears to be relevant to the assessment of a fee payable under this Part; or

(ii) may be evidence of a contravention of this Part, a liquor licence, a liquor permit, a liquor restriction order or a condition of a liquor licence, liquor permit or liquor restriction order;

(d) if it is necessary to do so, break open and search anything on the premises in which such records or other documents or liquor may be stored or concealed;

(e) require any person on the premises to produce any such record or other document;

(f) require a person on the premises to answer a question relevant to any of the following matters if the officer reasonably suspects that the person has the knowledge necessary to answer it:

(i) the assessment of a licence fee under this Part;

(ii) the contravention of a liquor licence, liquor permit, liquor restriction order or condition of such a licence, permit or order;

(g) seize anything which the authorized officer believes appears to indicate that an offence under this Act has been, or is being, committed;

(h) require any person on the premises to provide his or her name and address.

      (5) On the application of an authorized officer, a magistrate or justice may issue a warrant to the authorized officer named in the warrant authorizing the authorized officer to use such force as is reasonably necessary to enter and remain in any premises specified in subsection (2) or to enter and remain in any premises used as a residence, using such force as is necessary, if the magistrate or justice is satisfied that there are reasonable grounds for believing it necessary for the officer –

(a) to use such force to enter any premises specified in subsection (2); or

(b) to enter any premises used as a residence, using such reasonable force as is necessary, for the purpose of performing his or her functions under this Part.

      (6) A warrant is to specify the premises in respect of which it is issued.

      (7) If a record or other document is obtained by an authorized officer by the exercise of powers under this section, that record or other document, evidence of that record or other document or evidence of the obtaining of that record or other document is not admissible against any person in any civil or criminal proceedings, other than proceedings for an offence under this Act or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

      (8) A person is not required to answer a question under subsection (4)(f) if to do so would incriminate the person.

      (9) Any information provided by a person in response to a question asked under subsection (4)(f) is not admissible against the person in any civil or criminal proceedings, other than proceedings for an offence under section 82 or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

      (10) Nothing done under this section in relation to a document or liquor prejudices a lien on that document or liquor.

87. Possession of document or other thing by authorized officer

      (1) If an authorized officer has possession of any record, other document or other thing for the purposes of this Act, the authorized officer –

(a) must, as soon as practicable, give a receipt to the apparent owner of that record, other document or other thing or the person who delivered it to the officer or from whose possession it was taken; and

(b) may retain the record, other document or other thing for so long as is necessary for those purposes.

      (2) If any person otherwise entitled to possession of a record or other document retained by an authorized officer so requests the Commissioner in writing, the Commissioner must provide to the person as soon as practicable a copy of the record of other document that the Commissioner has certified to be a true copy.

88. 

89. Police may enter licensed premises

A police officer may enter –

(a) licensed premises at any time; or

(b) premises specified in a special permit during the time liquor may be sold on those premises under the authority of the permit –

90. Police may enter premises on reasonable suspicion

A police officer who has reasonable grounds for believing that liquor is being sold on premises contrary to this Part may enter those premises.

91. Police power to use force to gain entry

A police officer entering premises in accordance with this Part may –

(a) if entry to the premises is barred – use such force as is reasonably necessary to gain entry to the premises; and

(b) be accompanied by as many other people as the officer reasonably considers to be necessary.

92. Police may request name, address and date of birth if offence suspected

      (1) If a police officer has reasonable grounds for believing that a person has committed or is committing an offence under this Act the officer may require that person to give the person's name, address and date of birth.

      (2) If a police officer, acting in accordance with subsection (1) has requested a person to give the person's name, address or date of birth, the officer may arrest, without warrant, that person if –

(a) that person refuses to give the person's name, address or date of birth; or

(b) the police officer reasonably believes any name, address or date of birth given by that person is false.

93. Power to restrict entry to licensed or special permit premises

      (1) A licensee or a person acting with the authority of the licensee may –

(a) prohibit the entry of any person onto the licensed premises; or

(b) require a person to leave the licensed premises.

      (2) Subsection (1) does not apply to a person authorized by law to be on the licensed premises without the licensee's consent.

      (3) The holder of a special permit or a person acting with the authority of that holder may –

(a) prohibit the entry of any person onto the premises specified in the special permit; or

(b) require a person to leave such premises.

      (4) Subsection (3) does not apply to a person authorized by law to be on the premises specified in the special permit without the consent of the holder of the special permit.

94. Power of police to require people to leave licensed or special permit premises

      (1) A police officer may require a person –

(a) the police officer reasonably believes is on licensed premises contrary to this Part or on premises specified in a special permit contrary to that permit; or

(b) whose entry onto licensed premises has lawfully been prohibited by or on behalf of the licensee; or

(ba) whose entry onto premises specified in a special permit has been prohibited in accordance with this Part; or

(c) who has lawfully been required by the licensee or a person acting with the authority of the licensee to leave licensed premises; or

(d) who has been required, in accordance with this Part, to leave premises specified in a special permit –

      (2) A police officer may –

(a) arrest without warrant a person who refuses to comply with a requirement made in accordance with subsection (1); and

(b) use such reasonable force as may be necessary to remove from licensed premises or premises specified in a special permit a person who refuses to comply with a requirement made in accordance with subsection (1).

95. Police may seize liquor in certain circumstances

      (1) A police officer may seize liquor and its container if the officer reasonably believes the liquor –

(a) is being kept for sale; or

(b) has been sold; or

(c) is to be consumed –

      (2) For the purposes of subsection (1) a police officer may open a container the officer reasonably believes to contain liquor and may sample its contents.

96. Liquor may be forfeited

      (1) If –

(a) a police officer has seized liquor in accordance with this Part; and

(b) a person is subsequently convicted of an offence under this Part in respect of that liquor –

      (2) Liquor forfeited shall be disposed of in such manner as the Commissioner determines, and any proceeds shall be paid into the Consolidated Fund.

97. Disposal of seized liquor

      (1) If –

(a) a police officer has seized liquor in accordance with this Part; and

(b) subsequent to the seizure –

(i) no proceedings are instituted within a reasonable time for an offence for which the liquor may be forfeited; or

(ii) proceedings are instituted for an offence for which the liquor may be forfeited but no order for its forfeiture is made –

      (2) If no order is made the Commissioner may dispose of the liquor in such manner as is considered most appropriate, and pay any proceeds into the Consolidated Fund.