Liquor Control Act 1988

Subject to subsection (3), a licence or permit that authorises the sale of packaged liquor or of liquor for consumption off the licensed premises is subject to the following conditions —

that the liquor sold —

must be consigned to the purchaser at, and delivered on or from, the licensed premises, unless the Director otherwise approves; and

must be delivered in sealed containers; and

must not, unless an extended trading permit or a special facility licence so authorises, be or be permitted to be consumed on or, except in the case of liquor sold under section 55, in the immediate proximity of the licensed premises;

that the prescribed requirements relating to sale and delivery must be complied with.

A person who contravenes a condition referred to in subsection (1) commits an offence.

The conditions referred to in subsection (1) shall not be taken to have been contravened where —

the sale of liquor to the purchaser for consumption on the licensed premises is authorised at the time of sale; and

the liquor, although sold for consumption off the licensed premises, is consumed there in circumstances in which it could lawfully have been consumed if sold under that authorisation.

For the purposes of any disciplinary action taken or proceedings instituted under this Act, liquor may be taken to have been consumed in the immediate proximity of licensed premises if the liquor is consumed in a place nearby where —

there is frequent drunkenness, or disorderly conduct by persons resorting to the licensed premises; or

persons habitually gather for the purpose of consuming liquor sold on or from the licensed premises,

Liquor may be taken to have been consumed in the immediate proximity of licensed premises even if the circumstances referred to in subsection (3) do not apply.