Exceptions to s. 109, 110 and 111
112 Exceptions to s. 109, 110 and 111
Sections 109, 110 and 111 do not prohibit or restrict —
where any liquor was sold on licensed premises during the permitted hours —
during the first 30 minutes after the end of those hours, or of any period forming part of those hours, the possession or consumption of that liquor on the premises, or, the taking away of that liquor if it is packaged liquor;
during the first 30 minutes after the end of those hours, or of any period forming part of those hours, the possession and consumption of the liquor supplied as an ancillary to the meal, by persons taking a meal there;
or
the possession or consumption by any person of liquor on premises where the person resides; or
the consumption, on licensed premises by a guest of a lodger, of liquor supplied in the presence, and at the expense, of the lodger; or
as regards licensed premises —
the taking of liquor from the premises by a person who resides there; or
the supply of liquor to a person (not being a lodger) who resides, or carries on or is in charge of the business, there, or the possession or consumption of liquor supplied at the expense of that person in a private room reserved for the personal use of that person by any members of the family or private guests of that person; or
the supply of liquor for consumption there, to persons employed for the purpose of the business carried on under the licence, at the expense of their employer or a person carrying on or in charge of the business there, or the possession or consumption of the liquor so supplied,
but the burden of proving that this paragraph applies lies on the person charged with the offence.
It is a defence to a charge of an offence that liquor was sold or supplied to a person in contravention of section 109, 110 or 111, in circumstances in which the sale or supply would have been authorised had the liquor been consumed ancillary to a meal, that the person selling or supplying the liquor concerned reasonably believed that the person to whom the liquor was sold or supplied was to be supplied by the licensee with, and would eat, a meal.
[Section 112 amended: No. 12 of 1998 s. 78; No. 84 of 2004 s. 80; No. 9 of 2018 s. 55.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.