Liquor Control Act 1988

In this section —

a person engaged under a contract for services by the licensee; and

a person who —

holds a crowd controller’s licence; and

is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of the licensed premises to supply the services of crowd controllers at those premises.

The Tribunal may, on a complaint lodged under this section, take disciplinary action.

The complaint must allege that proper cause for disciplinary action exists and set out the grounds on which that allegation is based.

There shall be proper cause for disciplinary action if —

the business conducted under the licence is not properly conducted in accordance with the licence; or

the licensed premises are not properly managed in accordance with this Act; or

the licensed premises —

have fallen into disrepair; or

are otherwise in an unsatisfactory condition; or

have been altered without the prior approval of the Director; or

contravene the requirements of a written law as to planning, building, health, or safety;

the owner or occupier of the licensed premises has failed to comply with a direction given under section 77(2), or a requirement made under section 99; or

the licensee has —

contravened a requirement of this Act or a term or condition of the licence; or

sold or supplied liquor otherwise than in accordance with the authorisation conferred by the licence; or

failed to comply with a notice, direction or order under this Act;

the licensee has been convicted of —

an offence under this Act;

an offence under the Food Act 2008 in relation to the licensed premises;

an offence in any jurisdiction, that, in the opinion of the Director, may imply that the person is unfit to be the holder of a licence;

an offence under the Health (Miscellaneous Provisions) Act 1911 in relation to the licensed premises or liquor,

the licensee has been given an infringement notice under section 167 and the modified penalty has been paid in accordance with that section; or

the licensee otherwise is, or becomes, an unsuitable person to hold a licence under this Act; or

a person holding a position of authority in a body corporate that holds the licence, or who is interested in the business or the profits or proceeds of the business, is or becomes not a fit and proper person to hold that position or to be so interested; or

the continuation of the licence is not in the public interest or the licence has not been exercised in the public interest; or

the safety, health or welfare of persons who resort to the licensed premises is endangered by an act or neglect of —

the licensee; or

an employee or agent of the licensee; or

a person acting, or purporting to act, on behalf of the licensee;

a person is convicted of unlawful gaming in respect of events that took place on the licensed premises; or

a licence fee payable under this Act, or a penalty for failure to pay a fee when it becomes due or to comply with a requirement made under section 99, is not paid on or before the date fixed for payment under this Act; or

a determination previously made under section 96 has been contravened.

A complaint under this section may be made —

by the Director; or

by the Commissioner of Police, except on the grounds referred to in subsection (4)(c), (d), (n) or (o); or

by the local government of the district in which the licensed premises are situated or of any adjoining district, except on the grounds referred to in subsection (4)(d), (f), (h), (m), (n) or (o).

The complainant is to lodge the complaint with the Tribunal and is to serve a copy of the complaint on the licensee.

Where a complaint is lodged under this section, the Director, if satisfied that the safety, health or welfare of the public so requires, may impose a condition on, or vary or suspend the operation of a previous condition imposed on, a licence, to have effect pending determination of the complaint.

Notice of a complaint under this section and of the time and place appointed for the hearing of the complaint shall be served by the Tribunal —

on the licensee; and

where the complaint is made on the grounds referred to —

in subsection (4)(c) or (d), the owner or occupier of the premises; or

in subsection (4)(h), the person concerned,

any other person the Tribunal may direct.

When hearing a complaint under this section, the Tribunal is to be constituted by 3 members, including a member who is a lawyer.

In this section and section 96, a reference —

to a licence, includes a reference to a permit which relates to the licence, and to a business continuity order; and

to a licensee, includes a reference to the holder of a business continuity order; and

to licensed premises, includes a reference to premises the subject of a business continuity order.

An infringement notice given under section 167 to the employee or agent of a licensee may be used as evidence in respect of a complaint lodged under this section with respect to that licensee.

It is not a defence to a complaint lodged under this section against a licensee to show that the licensee —

did not know, or could not reasonably have been aware of or have prevented the act or omission which gave rise to the complaint; or

had taken reasonable steps to prevent that act or omission from taking place.