Offences by licensee and permittee
108 Offences by licensee and permittee
S. 108(1) amended by No. 92/2004 s. 23(2)(a).
A licensee or permittee—
must not, except in accordance with the licence or BYO permit and this Act—
supply liquor; or
permit or cause liquor to be supplied; or
permit liquor to be consumed—
on the licensed premises or on any authorised premises;
must not use any place or premises, other than the licensed premises or authorised premises, for the supply of liquor;
S. 108(1)(c) repealed by No. 73/2007 s. 21(1)(a).
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S. 108(1)(d) amended by No. 73/2007 s. 21(1)(b).
must not permit a person to play any unlawful game on the licensed premises or on any authorised premises.
S. 108(1)(e) repealed by No. 73/2007 s. 21(1)(c).
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- 60 penalty units.
Note to s. 108(1) inserted by No. 13/2013 s. 29(1).
Note
Section 53A applies to an offence against this subsection.
Subsection (1)(b) does not apply to—
a licensee of a pre-retail licence; or
S. 108(2)(b) amended by Nos 71/2011 s. 19, 20/2018 s. 8.
a licensee of a producer's licence in respect of the supply of liquor under that licence to a person who holds a licence under this Act.
Despite subsection (1)(d), the game of two-up may be played—
S. 108(3)(a) amended by No. 96/2003 s. 14(2).
on ANZAC Day on any premises being used by any sub-branch of the Returned and Services League; and
S. 108(3)(b) amended by Nos 96/2003 s. 14(2), 114/2003 s. 12.1.3 (Sch. 6 item 9.2(a)), 56/2014 s. 62(1)(a).
on ANZAC Day on any premises approved under section 2.2.4(1)(b) of the Gambling Regulation Act 2003; and
S. 108(3)(c) amended by Nos 96/2003 s. 14(2), 114/2003 s. 12.1.3 (Sch. 6 item 9.2(b)), 56/2014 s. 62(1)(b).
not more than 7 days before ANZAC Day on any premises at which a function is being held to which section 2.2.4(2) of the Gambling Regulation Act 2003 applies.
S. 108(4) inserted by No. 73/2007 s. 21(2).
A licensee or permittee—
must not supply liquor to a person who is in a state of intoxication;
must not permit drunken or disorderly persons to be on the licensed premises or on any authorised premises.
- 120 penalty units.
Note to s. 108(4) inserted by No. 13/2013 s. 29(4).
Note
Section 53C applies to an offence against this subsection.
S. 108(5) inserted by No. 73/2007 s. 21(2), amended by No. 8/2009 s. 16, substituted by No. 56/2014 s. 56.
It is a defence to a prosecution for an offence under subsection (4)(b) for the accused to prove that—
neither the accused nor any relevant person who was on the premises at the time of the alleged offence knew that drunken or disorderly persons were on the premises; and
either the accused or a relevant person had taken reasonable steps to ensure that drunken or disorderly persons were not on the premises.
S. 108(5A) inserted by No. 56/2014 s. 56.
For the purposes of subsection (5), a person is a relevant person if he or she is—
an employee or agent of the accused; or
in the case of an accused that is a body corporate—
an officer of the accused; or
the nominee of the accused; or
in the case of an accused who is a member of the committee of management of an unincorporated club, on behalf of the club—
a member of the committee of management; or
the nominee of the accused; or
in the case of an accused who is a member of a partnership, another member of the partnership.
S. 108(6) inserted by No. 88/2009 s. 6.
Subsection (4)(b) does not apply to a licensee or permittee if the licensed premises are a party bus.
S. 108A inserted by No. 92/2004 s. 29, amended by No. 8/2009 s. 17(a), repealed by No. 57/2010 s. 18.
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S. 108AA inserted by No. 57/2010 s. 19.
This Act’s bill:Second reading speech
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