Liquor Control Act 1988

A complaint in writing may be lodged with the Director alleging —

that the amenity, quiet or good order of the neighbourhood of the licensed premises is frequently unduly disturbed by reason of any activity occurring at the licensed premises; or

that any —

behaviour of persons on the licensed premises; or

noise emanating from the licensed premises; or

disorderly conduct occurring frequently in the vicinity of the licensed premises on the part of persons who have resorted to the licensed premises,

A complaint under subsection (1) may be lodged by —

the Commissioner of Police; or

the local government of the district in which the licensed premises are situated, or of any other district adjacent to the licensed premises and appearing to the Director to have an interest in the amenity, quiet or good order of the neighbourhood of the licensed premises; or

a government agency or statutory authority; or

a person claiming to be adversely affected by the subject matter of that complaint who —

resides, works or worships; or

attends, or is a parent of a child who attends, a school; or

attends, or is a patient in, a hospital,

If a complaint is lodged by a person referred to in subsection (2)(d), the complaint must be signed, unless the Director otherwise approves, by 3 unrelated adults (including the complainant).

In subsection (2a) —

resides at different residential premises; and

is not —

a child; or

a parent; or

a brother or sister; or

an aunt or uncle; or

a spouse or former spouse; or

a de facto partner or former de facto partner,

The Director must give notice of each complaint lodged to the licensee of the licensed premises with respect to which the complaint is made.

When a complaint is lodged with the Director under subsection (1), the Director must attempt to settle the matter by conciliation or negotiation.

If the Director determines at any stage that the complaint is frivolous or vexatious, the Director must dismiss the complaint.

If the matter referred to in a complaint is not settled by conciliation or negotiation, the Director must give the complainant, the licensee and any other person appearing to the Director to have a relevant interest in the matter a reasonable opportunity to be heard or to make submissions.

Having complied with subsection (4), the Director —

subject to subsection (4c), may determine the matter; and

if of the opinion that the allegation in the complaint is established on the balance of probabilities and that the licensee has failed to show cause why an order should not be made under this section — may make an order under this section,

Without limiting the matters that the Director may have regard to when making a determination under subsection (4a), the Director may have regard to —

any alteration, including any structural change, made —

to the licensed premises; or

if the complainant is a person referred to in subsection (2)(d) — to any relevant premises where the complainant (or, if subsection (2)(d)(ii) applies, the complainant’s child) resides, works, worships, attends or is a patient;

any changes that have taken place over time to the activities that take place on the licensed premises; and

the kind of business conducted under the licence and how that business is managed; and

if the complainant is a person referred to in subsection (2)(d) — whether the complainant (or, if subsection (2)(d)(ii) applies, the complainant’s child) began to reside, work, worship, attend or be a patient at any relevant premises before or after the licensee began to conduct business at the licensed premises; and

any provision of the Environmental Protection Act 1986, or of any regulations made under that Act, that is relevant to the subject matter of the complaint.

The Director —

may postpone making a determination under subsection (4a) for any period the Director considers appropriate; and

may make an interim order that has effect for that period for any purpose for which an order may be made under subsection (5).

For the purposes of this section, whether pursuant to conciliation or negotiation or by way of an order, the Director may —

vary the existing conditions of the licence; or

redefine, or redesignate a part of, the licensed premises; or

prohibit the licensee from providing entertainment or any other activity of a kind specified by the Director during a period specified by the Director or otherwise than in circumstances specified by the Director, and impose that prohibition as a condition to which the licence is to be subject; or

otherwise deal with the matter in such a manner as is likely, in the opinion of the Director, to resolve the subject matter of the complaint.

A licensee who contravenes an order made under this section commits an offence.