Liquor Control Act 1988

The conduct of business under a licence is always the responsibility of the licensee and shall be personally supervised and managed by a natural person, in accordance with this section.

The licensee shall ensure that the conduct of business at the licensed premises is personally supervised and managed —

by the licensee, if there is only one licensee and that licensee is a natural person; or

by a person who is —

unless subparagraph (ii) applies — an approved unrestricted manager; or

in the case of a club licence, club restricted licence or occasional licence that is not subject to a condition imposed under section 48(5A) or 59(6A) — an approved unrestricted manager or an approved restricted manager;

by a person appointed in accordance with subsection (3) to act as a temporary manager of the premises.

Without limiting subsection (2), the licensee is to ensure, unless the Director otherwise approves, that there is present at the licensed premises at any time when business is conducted at the premises —

a person who is —

unless subparagraph (ii) applies — an approved unrestricted manager; or

in the case of a club licence, club restricted licence or occasional licence that is not subject to a condition imposed under section 48(5A) or 59(6A) — an approved unrestricted manager or an approved restricted manager;

a person appointed in accordance with subsection (3) to act as a temporary manager of the premises.

Subsection (2a) does not apply in relation to the conduct of business at licensed premises at a particular time if —

there is only one licensee and that licensee is a natural person; and

the licensee is present at those premises at that time.

Subject to any condition imposed under subsection (4), a licensee, an approved unrestricted manager or an approved restricted manager may appoint a person to act as a temporary manager of licensed premises for a particular period if —

unless the Director otherwise approves, at the end of that period the premises will not have been supervised and managed by a temporary manager —

for more than 7 consecutive days; nor

for more than 7 days in any 28 day period;

the person appointed has not, at any time, been found to be not a fit and proper person to manage licensed premises.

Without limiting section 64, the Director may impose a condition on a licence prohibiting the appointment of a person under subsection (3) unless the Director has approved the appointment.

A person shall not supervise or manage the conduct of business at licensed premises other than in accordance with this section.

A manager of licensed premises, in relation to those premises and the conduct of business at those premises, may deal and be dealt with, and under section 101 may be liable, as though that person were also a licensee of those premises.

A licensee shall ensure that the conduct of business at the licensed premises is supervised and managed in accordance with this section.

Nothing in this section diminishes the liability of the actual holder of the licence or permit.