Liquor Control Act 1988

The Liquor Control Act 1988 regulates the sale, supply and consumption of liquor, the use of premises on which liquor is sold and the services and facilities provided in conjunction with, or ancillary to the sale of liquor in order to minimise harm or ill-health caused to people due to the use of liquor.

Liquor Control Act 1988 – Review Report

Liquor Control Act 1988

Regulations

Liquor Control Amendment Act 2018 summary of amendments

Phase 1 – effective 18 August 2018

Objects of the Act

  • Section 6 of the Amendment Act amends section 5(2) to include an additional secondary object of the Act to encourage cultural change and responsible attitudes and practices towards the sale and consumption of liquor.

Decisions of the Director of Liquor Licensing

  • Section 9 of the Amendment Act inserts new section 18AA to enable the Director to issue a notice of decision or a decision including reasons in regard to an application.
  • If a notice is issued, a party to proceedings may request a decision including reasons within 28 of receiving the notice of the decision.
  • Party’s to proceedings have 28 days to seek a review with the Liquor Commission from the date the applicant/party to proceedings receives the reasons for the decision.

Approved Managers

  • Section 15 of the Amendment Act amends section 34(2)(a) to enable the licensing authority to consider an application for an approved manager if the applicant has been bankrupt or subject to insolvency laws.The provisions relating to bankruptcy now apply only to applications for a grant or removal of a licence, a transfer of licence or the approval of a trustee or person in position or authority.
  • Section 52 of the Amendment Act amends section 100 to authorise a temporary manager being appointed by a licensee or an approved manager.

Casino liquor licence

  • Section 23 of the Amendment Act amends section 44(1)(a) to authorise the sale and supply of packaged liquor for consumption off premises licensed under a casino licence, as part of an accommodation, restaurant or dining package or as part of a function or promotional activity.

Restaurant licences (liquor without a meal)

  • Section 27 of the Amendment Act inserts new section 50A to more easily facilitate the issue of an extended trading permit for the purpose of selling liquor without a meal under a small restaurant licence.
  • A small restaurant is a licence that is subject to a condition limiting the number of persons (excluding authorised and responsible persons) who may be on the licensed premises to 120.
  • If an applicant for a small restaurant indicates on the application form that they are seeking a permit to sell liquor without a meal, the licensing authority may grant a permit when they grant the licence.
  • Applicants are not required to complete a separate application form or pay an additional fee.
  • Large restaurants are required to apply separately for a permit and pay an additional fee.
  • Licensees of existing restaurants will be contacted and given the option of seeking a permit without fee.

Producers licences

  • Section 28 of the Amendment Act amends section 55(1) to allow all producers (wine, beer and spirit) to sell and supply liquor for consumption on and off the licensed premises.Licensees wishing to trade in this manner should contact the Department as they may need to lodge an application to vary their trading conditions.
  • Section 28 of the Amendment Act also amends and section 55(3) to allow any producer to sell liquor that a related body corporate has produced.No application is required as this is a permitted activity.
  • Section 29 of the Amendment Act amends and section 56(3) to allow a wine producer to use the services of a spirit producer to produce a spirit made from wine.No application is required as this is a permitted activity.
  • Sections 28 and 30 of the Amendment Act delete section 55(1a) and 58(2a) which have been replaced with section 59A.Section 31 of the Amendment Act inserts new section 59A to allow licensees who are authorised to sell packaged liquor (producer, wholesaler, hotel, tavern, liquor store and some special facility licences) and interstate licensees, with the agreement of a host licensee, to conduct free tastings and accept orders on the host licensee’s premises (liquor can only be delivered from the licensed premises of the licensee attending the event).No application is required as this is a permitted activity, however, licensees should be mindful of the provisions of section 104 of the Act relating to profit sharing.

Extended Trading Permits

  • Section 33 of the Amendment Act amends section 61(1) to remove the requirement for an applicant for an extended area permit to provide evidence to the licensing authority that the local government authority has approved the application.
  • Section 34 of the Amendment Act amends section 61A to allow a cellar door extended trading permit to be issued to spirit producers (was previously restricted to wine and beer).
  • Section 61A(5) has been amended to specify that each licensee involved in a cellar door operation under an extended trading permit is jointly and severally liable for breaches under the Act.

Advertising of applications

  • Section 37 of the Amendment Act amends section 67 to replace the requirement for details of licence applications to be displayed at the office of the Director and advertised in the Government Gazette with a requirement for details of application to be published on the Department’s website.

Objections and Submissions

  • Section 41 of the Amendment Act inserts new section 72A to enable the lodgement of submission in support of or opposing an application.Unlike a person who lodges an objection, a person who makes a submission is not a party to proceedings and the Director is not obliged to acknowledge receipt of a submission.
  • Section 42 of the Amendment Act inserts new section 73(4A) specifying that the Director must serve a copy of an objection on the applicant (previously the objector was required to serve a copy of the objection on the applicant).
  • Section 44 of the Amendment Act amends section 75(2)(b) to allow objections to be lodged against an occasional licence if the application is advertised.

Permitted Trading Hours

  • Sections 47 and 50 of the Amendment Act make technical amendments to sections 98 and 98E to clarify the permitted trading hours on New Year’s Day.
  • Section 48 of the Amendment Act inserts new section 98AA setting out the permitted trading hours for small bars. The permitted hours of trade for small bars replicate those currently in place for hotels and taverns.
  • Section 51 of the Amendment Act amends section 98G to set out the permitted trading hours for beer and spirit producers to sell liquor for consumption on licensed premises as between the hours of 10am and 10pm.
  • Section 55 of the Amendment Act amends section 112(1)(a)(i) to extend the ‘drink-up’ time to 30 minutes after the end of permitted hours (previously the period was 15 minutes).Liquor must have been purchased prior to the closing time but can be consumed in the 30 minutes after the closing time.

Takeaway liquor

  • Section 54 of the Amendment Act amends section 110(6) to specify that where wine is sold to a person for consumption ancillary to a meal on a licensed premises, the purchaser is permitted to take an unconsumed portion of the wine from the licensed premises.This provision primarily applies to premises that are not permitted to sell packaged liquor such as restaurants, small bars and tavern restricted licences.

Barring Notices

  • Section 57 of the Amendment Act amends section 115AA(2) to enable the Commissioner of Police to issue a barring notice to a person exhibiting anti-social behaviour on licensed premisesor in the vicinity of a licensed premises and inserts new section 115AA(7B) specifying that the exemption for a barred person to enter licensed premises for the purpose performing duties relating to their work does not include attending a function.
  • Section 58 of the Amendment Act amends section 115AC(1)(a) to include the authorisation for the Commissioner of Police to publish a person’s date of birth and full address on the secure website.
  • Section 59 of the Amendment Act amends section 115AE to provide a defence for a responsible person who permits a barred person from entering and remaining on the licensed premises ie. a responsible person does not commit an offence if they permit a barred person to enter and remain on the licensed premises if the barred person is there for the purposes of performing duties relating to their work.

Prohibition Orders

  • Section 61 of the Amendment Act inserts new section 152B(2) to specify that the Commissioner of Police is required to serve a copy of an application for a prohibition order on the person that the application relates to.

Liquor Accords

  • Section 66 of the Amendment Act inserts new section 174B to specify that participation in a liquor accord is an authorised activity for the purposes of the Competition and Consumer Act 2010.
  • Statutory Review

    • Section 69 of the Amendment Act amends section 178 to insert a requirement for the effectiveness of the Act to be reviewed within 5 years of commencement.

    Last updated: 06/09/2018 15:02:26 PM

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