Liquor Licensing Act 1990 (Tas)

Liquor Licensing Act 1990

An Act to regulate the sale of liquor [Royal Assent 16 January 1991]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Liquor Licensing Act 1990 .

2. Commencement The provisions of this Act commence on a day to be proclaimed.

2A. Object of Act (1) The object of this Act is to regulate the sale, supply, promotion and consumption of liquor so as to – (a) minimise harm arising from the misuse of liquor by – (i) ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity; and (ii) restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and (iii) encouraging a culture of responsible consumption of liquor; and (b) facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community. (2) It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the object set out in subsection (1) .

3. Interpretation In this Act, unless the contrary intention appears – associate has a meaning given by section 3A ; authorized officer – see section 209 ; barring order means an order served or given under section 81(2) or (4) ; best interests of the community means interests that are prescribed for the purposes of this definition; club licence means a liquor licence referred to in section 10 ; Commission has the same meaning as in the Gaming Control Act 1993 ; Commissioner means the Commissioner for Licensing appointed under section 207 ; convicted includes found guilty, whether or not a conviction is recorded; false document includes a document that – (a) has been forged; or (b) has been fraudulently altered; or (c) belongs to a person other than the person in possession of it; general liquor exemption means a general liquor exemption published in accordance with section 16 ; hearing means a hearing under Division 2 of Part 5 ; intoxicated – see section 3B ; licence fee includes any supplementary or additional licence fee and any interest payable on any licence fee; licensed premises means – (a) premises specified in a liquor licence as premises on which liquor may be sold; and (b) in respect of the holder of a liquor licence – the premises specified in the liquor licence – and includes any part of those premises; licensee means the holder of a liquor licence; liquor means – (a) a beverage (other than a medicine) that – (i) is intended for human consumption; and (ii) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius; or (b) any other substance that – (i) is prescribed as liquor for the purposes of this definition; and (ii) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius; liquor licence means a valid licence granted under this Act that authorizes the sale of liquor; liquor permit means a permit that authorizes the sale of liquor; liquor restriction order means an order made by the Commissioner in accordance with section 39 ; meal means food that – (a) is eaten by a person at a table, or fixed structure used as a table, with cutlery provided for the purpose of eating the food; and (b) is of sufficient substance as to be ordinarily accepted as a meal; obtained includes produced; off-licence means a liquor licence referred to in section 9 ; off-permit means a liquor permit referred to in section 14 ; on-licence means a liquor licence referred to in section 8 ; on-permit means a liquor permit referred to in section 13 ; out-of-hours permit means a liquor permit referred to in section 12 ; partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 ; permit means a valid permit granted under this Act; permit holder means the holder of a liquor permit; permit premises means – (a) premises specified in a special permit as premises on which liquor may be sold; and (b) in respect of the holder of a special permit, the premises specified in the permit; and (c) premises on which liquor may be sold under the authority of a small producer's permit; and (d) in respect of the holder of a small producer's permit, the premises on which liquor may be sold under the authority of the permit – and includes any part of those premises; premises includes – (a) land, whether or not covered by buildings; and (b) any structure, whether or not attached to land; and (c) a means of transport; and (d) a part of premises; records, in respect of a licensee, means the records kept by the licensee in accordance with this Act; resident, in relation to licensed premises, means a person who is able to provide evidence that he or she resides, or is staying overnight in, a part of the licensed premises that has been set aside for the purposes of accommodation; responsible adult means a person of or above the age of 18 years who, in relation to a person under the age of 18 years (the minor), belongs to one or more of the following classes of persons: (a) a parent, step-parent or guardian of the minor; (b) the spouse or partner of the minor; (c) a person who, for the time being, has parental responsibility for the minor; restaurant means premises in which the principal activity is serving food for consumption on the premises; sell means sell by wholesale or retail and includes – (a) offer, display or expose for sale; and (b) keep or have in possession for sale; and (c) barter or exchange; and (d) deal in or agree to sell; and (e) supply, send, forward or deliver for sale or for or in expectation of receiving any payment or other consideration; and (f) authorize, direct, cause, attempt or permit any act referred to in paragraphs (a) , (b) , (c) , (d) or (e) ; small producer means a producer, or class of producers, that is prescribed for the purposes of this definition; small producer's permit means a liquor permit referred to in section 15A ; special licence means a liquor licence referred to in section 11 ; special permit means a liquor permit referred to in section 15 ; Tasmanian wine means wine produced in Tasmania from fruit of which at least 85% is grown in Tasmania; vicinity, in relation to licensed premises or permit premises, means – (a) within the distance prescribed for the purposes of this definition; or (b) in the case of a barring order, within such distance of the premises, or within such area, as is specified by the police officer giving the barring order; or (c) in the case of a police officer who requires a person to leave the premises, within such distance of the premises, or within such area, as is specified by the police officer.