Liquor Licensing Act 1997 (SA)

South Australia Liquor Licensing Act 1997 An Act to regulate the sale, supply and consumption of liquor; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Resident on licensed premises 6 Persons with authority in a trust or corporate entity 7 Close associates 7A Exemptions Part 2—Licensing authorities Division 1—The Commissioner and staff 8 Liquor and Gambling Commissioner 9 Inspectors and other officers 10 Delegation 11 Disclosure of information 11AA Publication of determinations—confidential information 11A Codes of practice 11B Review of codes of practice 11C Steps to avoid conflict with planning system Division 2—The Licensing Court of South Australia 12 Continuation of Court 13 Court to be court of record 13A Seal 14 Constitution of the Court 15 Judges 15A Registrar 16 Jurisdiction of the Court 16A Rules Division 3—Division of responsibilities between the Commissioner and the Court 17 Division of responsibilities between Commissioner and the Court Division 4—Proceedings before the Commissioner 18 Proceedings before the Commissioner 19 Powers of Commissioner with respect to witnesses and evidence 20 Representation 21 Power of Commissioner to refer questions to the Court 22 Application for review of Commissioner's decision Division 5—Proceedings before the Court 22A Time and place of sittings 22B Adjournment from time to time and place to place 22C Hearing in public 23 Proceedings before the Court 24 Powers with respect to witnesses and evidence 24A Entry and inspection of property 24B Injunctive remedies 24C Punishment of contempts 25 Representation 25A Intervention by Commissioner 26 Power to award costs 27 Appeal from orders and decisions of the Court 28 Reference of question of law Division 5A—Intervention by Commissioner of Police 28AA Intervention by Commissioner of Police Division 6—Criminal intelligence 28A Criminal intelligence Part 3—Licences Division 1—Requirement to hold licence 29 Requirement to hold licence 30 Cases where licence is not required Division 2—Licences Subdivision 1—Authorised trading in liquor 31 Authorised trading in liquor Subdivision 2—Ongoing licences 32 General and hotel licence 33 On premises licence 34 Residential licence 35 Restaurant and catering licence 36 Club licence 37 Small venue licence 38 Packaged liquor sales licence 39 Liquor production and sales licence Subdivision 3—Short term licence 40 Short term licence Subdivision 4—Interstate direct sales licence 41 Interstate direct sales licence Division 3—Conditions of licence 42 Mandatory conditions 42A New Year's Eve trading in relation to certain licences 43 Power of licensing authority to impose conditions 45 Compliance with licence conditions Division 4—General provisions 46 Unauthorised sale or supply of liquor 47 How licences are to be held 48 Plurality of licences 50 Minors not to be licensees 50A Annual fees 50B Notification of certain variations to licences Part 4—Applications and submissions Division 1—Formal requirements 51 Form of applications 51A Applications to be given to Commissioner of Police 52 Certain applications to be advertised 52A Confidentiality of certain documents and material relevant to application Division 2—General powers and discretions of licensing authority 53 Discretionary powers of licensing authority 53A Licensing authority to be satisfied that designated application is in community interest 53B Community impact assessment guidelines 54 Order for determining applications 55 Provisions governing whether person is fit and proper Division 3—Application for new licence 56 Applicant to be fit and proper person 57 Requirements for premises 59 Certificate of approval for proposed premises 59A Licence fee payable on grant of licence Division 4—Removal of licence 60 Premises to which licence is to be removed 62 Certificate of approval for removal of licence to proposed premises 62A Removal of liquor production and sales licence in respect of outlet Division 4A—Addition of outlets to liquor production and sales licence 62B Addition of outlets to liquor production and sales licence 62C Certificate of approval for addition to liquor production and sales licence of proposed premises as outlet Division 5—Transfer of licence 63 Applicant for transfer must be fit and proper person 64 Limitation on sale or assignment of rights under licence 65 Transferee to succeed to transferor's liabilities and rights Division 5A—Special provision relating to amalgamation of certain clubs 65A Special provision relating to amalgamation of certain clubs Division 6—Voluntary suspension and revocation of licence 66 Suspension and revocation of licence 67 Surrender of licence Division 7—Alteration and redefinition of licensed premises 68 Alteration and redefinition of licensed premises Division 8—Extension of trading area 69 Extension of trading area Division 8A—Alteration of endorsements 69A Alteration of endorsements Division 9—Variation of non-statutory conditions of licence 70 Variation of non-statutory conditions of licence Division 10—Approval of management and control 71 Approval of management and control 71AA Revocation of approval of responsible person Division 11—Lessor's consent 72 Consent of lessor or owner required in certain cases Division 12—Devolution of licensee's rights 73 Devolution of licensee's rights 74 Bankruptcy or winding up of licensee 75 Notice to be given of exercise of rights under this Division Division 13—Submissions in relation to applications 76 Commissioner of Police may make written submissions 77 General right to make written submissions 78 Further written submissions 79 Conciliation 80 Commissioner may refer matters to Court 81 Hearings etc 82 Variation of written submissions Part 6—Conduct of licensed business Division 1—Supervision and management 97 Supervision and management of licensee's business 97A Direction to complete training—responsible persons 98 Approval of assumption of positions of authority in corporate or trust structures Division 2—Profit sharing 99 Prohibition of profit sharing Division 3—Supply of liquor to residents on licensed premises 100 Supply of liquor to residents on licensed premises 101 Record of residents on licensed premises Division 4—Removal and consumption of liquor 102 Restriction on taking liquor from licensed premises 103 Restriction on consumption of liquor in, and taking liquor from, licensed premises 104 Liquor may be brought onto, and removed from, licensed premises in certain cases Division 5—Regulation of prescribed entertainment 105 Prescribed entertainment on licensed premises Division 6—Noise 106 Complaint about noise etc emanating from licensed premises Division 7—Employment of minors 107 Minors not to be employed to serve liquor in licensed premises Division 7A—Sale of liquor through direct sales transaction 107A Sale of liquor through direct sales transaction Division 8—Sale or supply to intoxicated persons 108 Liquor not to be sold or supplied to intoxicated persons Division 9—Miscellaneous requirements 109 Copy of licence etc to be kept on licensed premises 109A Records of liquor transactions 109B Returns Part 7—Minors 109C Interpretation 110 Sale and supply of liquor to minors on licensed premises 110A Supply of liquor to minors generally 111 Areas of licensed premises may be declared out of bounds to minors 112 Minors not to enter or remain in certain licensed premises 113 Notice to be erected 113A Requirements relating to notices 115 Evidence of age may be required 115A Seizure of evidence of age document 116 Power to remove or refuse entry to minors Part 7A—Offences relating to conduct on licensed premises etc 117A Offensive or disorderly conduct Part 7B—Offences relating to criminal organisations 117B Preliminary 117C Report of Crime and Public Integrity Policy Committee 117D Exclusion of persons wearing or carrying prohibited items 117E Entering and remaining in licensed premises wearing or carrying a prohibited item 117F Removal of person wearing or carrying prohibited item from premises Part 8—Disciplinary action 118 Application of Part 119 Cause for disciplinary action 119A Commissioner's power to deal with disciplinary matter by consent 119B Disciplinary action before Commissioner for certain matters 120 Disciplinary action before the Court 120A Commissioner's power to suspend or impose conditions pending disciplinary action 121 Disciplinary action Part 9—Special powers and enforcement Division 1—Powers of entry etc 122 Powers of authorised officers 123 Power to enter and search premises and confiscate liquor Division 2—Power to remove or refuse entry 124 Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour Division 3—Power to bar Subdivision 1—Interpretation 124A Interpretation Subdivision 2—Licensee barring orders 125 Licensee barring orders Subdivision 3—Police barring orders 125A Commissioner of Police barring orders 125B Police officer barring orders 125C Offences 125D Evidence Subdivision 4—Miscellaneous 125E Power to require personal details 126 Orders 127 Power to remove person who is barred 128 Review of orders 128A Reports on barring orders 128AB Commissioner of Police to report to Minister for Police on barring orders Division 4—Public order and safety 128B Power of Commissioner to issue public order and safety notice 128C Power of police to clear or close licensed premises etc Part 9A—Liquor accords 128D Interpretation 128E Preparation of draft local liquor accords 128F Terms of local liquor accords 128G Competition and Consumer Act and Competition Code 128H Approval of local liquor accords Part 10—Unlawful consumption of liquor 129 Consumption of liquor on regulated premises 130 Unlawful consumption of liquor 131 Control of consumption etc of liquor in public places Part 10A—Prohibition of manufacture, sale or supply of certain liquor 131AA Prohibition of manufacture, sale or supply of certain liquor Part 11—Miscellaneous Division 1—Offences and procedure 131A Failing to leave licensed premises on request 132 Penalties 133 Recovery of financial advantage illegally obtained 134 Vicarious liability 135 Evidentiary provision 135A Determination of second or subsequent offence in case of previous offence that has been expiated Division 2—General 136 Service 137A Destruction of fingerprints 137B Procedures to be observed by authorised persons in prevention of persons from entering, and removal of persons from, licensed premises 137C Special transitional provision—disapplication or modification of certain restrictions or requirements in respect of licences 138 Regulations Legislative history