Liquor Licensing Act 1990

Liquor Licensing Act 1990

This Act may be cited as the Liquor Licensing Act 1990.

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

The object of this Act is to regulate the sale, supply, promotion and consumption of liquor so as to – minimise harm arising from the misuse of liquor by – 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 restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and encouraging a culture of responsible consumption of liquor; and facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.

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).

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 – has been forged; or has been fraudulently altered; or 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 – premises specified in a liquor licence as premises on which liquor may be sold; and 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 beverage (other than a medicine) that – is intended for human consumption; and has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius; or any other substance that – is prescribed as liquor for the purposes of this definition; and 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 – 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 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 – premises specified in a special permit as premises on which liquor may be sold; and in respect of the holder of a special permit, the premises specified in the permit; and premises on which liquor may be sold under the authority of a small producer's permit; and 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 – land, whether or not covered by buildings; and any structure, whether or not attached to land; and a means of transport; and 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 parent, step-parent or guardian of the minor; the spouse or partner of the minor; 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 – offer, display or expose for sale; and keep or have in possession for sale; and barter or exchange; and deal in or agree to sell; and supply, send, forward or deliver for sale or for or in expectation of receiving any payment or other consideration; and 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 – within the distance prescribed for the purposes of this definition; or 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 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.

For the purposes of this Act, a person is taken to be an associate of an applicant for a liquor licence or liquor permit, or of a licensee or permit holder if – the person holds, or will hold, any relevant financial interest, or is, or will be, entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant, licensee or permit holder and, by virtue of that interest or power, is able, or will be able, to exercise a significant influence over, or with respect to, the management or operation of that business; or the person holds, or will hold, any relevant position, whether in right of the person or on behalf of any other person, in the business of the applicant, licensee or permit holder; or the person is a relative of the applicant, licensee or permit holder; or the Commissioner is satisfied that the person could exercise a significant influence over the applicant, licensee or permit holder.

In this section – relative means a spouse, partner, parent, child or sibling (whether full blood or half-blood); relevant financial interest, in respect of a business, means – any share in the capital of the business; or any entitlement to receive any income derived from the business; relevant position, in respect of a business, means – the position of director, manager or other executive position or secretary, however that position is designated in that business; or if that business is conducted in premises in respect of which a liquor licence is in force, the licensee; or if that business is conducted in premises in respect of which a permit is in force, the permit holder; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others – to participate in a directorial, managerial or executive decision; or to elect or appoint any person to any relevant position.

For the purposes of this Act, a person is intoxicated if –

the person’s speech, balance, coordination or behaviour is noticeably affected; and it is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor or other substances.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

A person must not sell liquor except as authorized by–

a liquor licence; or a liquor permit; or a general liquor exemption.

Fine not exceeding 40 penalty units.

The Commissioner may grant –

the following liquor licences:a general licence; an on-licence; an off-licence; a club licence; a special licence; and the following liquor permits:an out-of-hours permit; an on-permit; an off-permit; a special permit; a small producer's permit.

A general licence authorizes the sale of liquor–

between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on or off those premises; and at any time to a resident of the premises specified in the licence and any premises of which those premises form a part; and subject to any condition specified in the licence.

An on-licence authorizes the sale of liquor –

between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on those premises; and at any time to – a resident of the premises specified in the licence for consumption on those premises; or a resident of any premises of which the premises specified in the licence form a part for consumption on those premises; and subject to any condition specified in the licence.