Liquor Control Act 1988

Where a licensee, whether personally or by an employee or agent —

permits —

drunkenness; or

violent, quarrelsome, disorderly or indecent behaviour,

permits any reputed thief, prostitute or supplier of unlawful drugs to remain on the licensed premises; or

permits or suffers to be conducted on the licensed premises any gaming or betting which contravenes section 110(1) of the Gaming and Wagering Commission Act 1987 or any other activity which contravenes a provision of another written law,

for the licensee or a manager, a fine of $15 000;

for an employee or agent, a fine of $6 000.

A person shall not, on licensed premises or regulated premises —

sell or supply liquor, or cause or permit liquor to be sold or supplied, to a drunk person; or

allow or permit a drunk person to consume liquor; or

obtain or attempt to obtain liquor for consumption by a drunk person; or

aid a drunk person in obtaining or consuming liquor.

for an offence on licensed premises —

for the licensee or a manager, a fine of $15 000;

for an employee or agent, a fine of $6 000;

for anyone else, a fine of $3 000;

for an offence on regulated premises —

for the owner of the regulated premises, a fine of $15 000;

for anyone else, a fine of $3 000.

It is a defence to a charge of an offence against subsection (2)(a) of selling or supplying liquor to a drunk person to show that the person charged was instructed by the licensee, a manager or another person in a position of authority in relation to the person charged to sell or supply the liquor to the drunk person.

If subsection (4a) applies to a person —

an authorised person may refuse the person entry to the licensed premises or a part of the premises; or

an authorised person may require the person to leave the licensed premises or a part of the premises; or

if the requirement under paragraph (b) is not complied with — an authorised person, or any other person on the request of an authorised person, may remove the person from the licensed premises or a part of the premises using such force as may be reasonably necessary; or

an authorised person may refuse to sell liquor to the person.

This subsection applies to a person who —

is or appears to be drunk; or

is behaving in an offensive manner; or

is not dressed in conformity with the licensee’s requirements for a standard of dress, being requirements —

that were at the relevant time reasonable in the circumstances; and

notice of which had been conspicuously displayed at each entrance to any part of the premises where the requirements were to be complied with;

is a person who the authorised person has reasonable cause to believe —

cannot or will not pay; or

is or is known to be quarrelsome or disorderly; or

is seeking to obtain liquor by begging;

is or is known to be, or is an associate of, a reputed thief, prostitute, supplier of unlawful drugs, or person convicted of an offence involving unlawful drugs or violence that is punishable by a term of imprisonment exceeding 3 years; or

is or appears to be a person whose presence, or to whom the provision of service, on the licensed premises will occasion the licensee to commit an offence under this Act; or

seeks to enter or enters or remains on the licensed premises at a time when they are closed or are required under this Act to be closed; or

requests service on a part of the premises —

where the licensee is not authorised to provide the service requested; or

set aside for the purposes of a private function.

A person commits an offence if the person does not leave licensed premises or a part of licensed premises after being required under subsection (4)(b) to do so.

A person commits an offence if the person —

obtains or attempts to obtain liquor from a licensee or the employee or agent of a licensee by falsely pretending, or representing, that the person is a lodger of the premises or is there for the purpose of taking a meal or has taken a meal there; or

without lawful excuse, the burden of proof of which lies on that person, enters licensed premises at a time when they are closed or are required under this Act to be closed.

A person who —

under this section —

has been refused entry to; or

has been required to leave and has left, or been removed from,

remains —

on any footpath; or

in any area subject to the control or management of the licensee,

A person who re‑enters premises within 24 hours of being refused entry to, required to leave, or being removed from, those premises under this section —

commits an offence; and

any other person, on the request of the licensee or a manager of the premises, may remove the person who re‑entered the premises from those premises using such force as may be reasonably necessary.

A police officer may, and on request by an authorised person shall, prevent entry by, or remove, any person who, under this Act, has been refused entry to, or is liable to be removed from, licensed or regulated premises.

This section does not limit any other right to refuse a person entry to premises or to remove a person from premises.