South Australia: Liquor Licensing Act 1997 (SA)

South Australia Liquor Licensing Act 1997 An Act to regulate the sale, supply and consumption of liquor; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Resident on licensed premises 6 Persons with authority in a trust or corporate entity 7 Close associates 7A Exemptions Part 2—Licensing authorities Division 1—The Commissioner and staff 8 Liquor and Gambling Commissioner 9 Inspectors and other officers 10 Delegation 11 Disclosure of information 11AA Publication of determinations—confidential information 11A Codes of practice 11B Review of codes of practice 11C Steps to avoid conflict with planning system Division 2—The Licensing Court of South Australia 12 Continuation of Court 13 Court to be court of record 13A Seal 14 Constitution of the Court 15 Judges 15A Registrar 16 Jurisdiction of the Court 16A Rules Division 3—Division of responsibilities between the Commissioner and the Court 17 Division of responsibilities between Commissioner and the Court Division 4—Proceedings before the Commissioner 18 Proceedings before the Commissioner 19 Powers of Commissioner with respect to witnesses and evidence 20 Representation 21 Power of Commissioner to refer questions to the Court 22 Application for review of Commissioner's decision Division 5—Proceedings before the Court 22A Time and place of sittings 22B Adjournment from time to time and place to place 22C Hearing in public 23 Proceedings before the Court 24 Powers with respect to witnesses and evidence 24A Entry and inspection of property 24B Injunctive remedies 24C Punishment of contempts 25 Representation 25A Intervention by Commissioner 26 Power to award costs 27 Appeal from orders and decisions of the Court 28 Reference of question of law Division 5A—Intervention by Commissioner of Police 28AA Intervention by Commissioner of Police Division 6—Criminal intelligence 28A Criminal intelligence Part 3—Licences Division 1—Requirement to hold licence 29 Requirement to hold licence 30 Cases where licence is not required Division 2—Licences Subdivision 1—Authorised trading in liquor 31 Authorised trading in liquor Subdivision 2—Ongoing licences 32 General and hotel licence 33 On premises licence 34 Residential licence 35 Restaurant and catering licence 36 Club licence 37 Small venue licence 38 Packaged liquor sales licence 39 Liquor production and sales licence Subdivision 3—Short term licence 40 Short term licence Subdivision 4—Interstate direct sales licence 41 Interstate direct sales licence Division 3—Conditions of licence 42 Mandatory conditions 42A New Year's Eve trading in relation to certain licences 43 Power of licensing authority to impose conditions 45 Compliance with licence conditions Division 4—General provisions 46 Unauthorised sale or supply of liquor 47 How licences are to be held 48 Plurality of licences 50 Minors not to be licensees 50A Annual fees 50B Notification of certain variations to licences Part 4—Applications and submissions Division 1—Formal requirements 51 Form of applications 51A Applications to be given to Commissioner of Police 52 Certain applications to be advertised 52A Confidentiality of certain documents and material relevant to application Division 2—General powers and discretions of licensing authority 53 Discretionary powers of licensing authority 53A Licensing authority to be satisfied that designated application is in community interest 53B Community impact assessment guidelines 54 Order for determining applications 55 Provisions governing whether person is fit and proper Division 3—Application for new licence 56 Applicant to be fit and proper person 57 Requirements for premises 59 Certificate of approval for proposed premises 59A Licence fee payable on grant of licence Division 4—Removal of licence 60 Premises to which licence is to be removed 62 Certificate of approval for removal of licence to proposed premises 62A Removal of liquor production and sales licence in respect of outlet Division 4A—Addition of outlets to liquor production and sales licence 62B Addition of outlets to liquor production and sales licence 62C Certificate of approval for addition to liquor production and sales licence of proposed premises as outlet Division 5—Transfer of licence 63 Applicant for transfer must be fit and proper person 64 Limitation on sale or assignment of rights under licence 65 Transferee to succeed to transferor's liabilities and rights Division 5A—Special provision relating to amalgamation of certain clubs 65A Special provision relating to amalgamation of certain clubs Division 6—Voluntary suspension and revocation of licence 66 Suspension and revocation of licence 67 Surrender of licence Division 7—Alteration and redefinition of licensed premises 68 Alteration and redefinition of licensed premises Division 8—Extension of trading area 69 Extension of trading area Division 8A—Alteration of endorsements 69A Alteration of endorsements Division 9—Variation of non-statutory conditions of licence 70 Variation of non-statutory conditions of licence Division 10—Approval of management and control 71 Approval of management and control 71AA Revocation of approval of responsible person Division 11—Lessor's consent 72 Consent of lessor or owner required in certain cases Division 12—Devolution of licensee's rights 73 Devolution of licensee's rights 74 Bankruptcy or winding up of licensee 75 Notice to be given of exercise of rights under this Division Division 13—Submissions in relation to applications 76 Commissioner of Police may make written submissions 77 General right to make written submissions 78 Further written submissions 79 Conciliation 80 Commissioner may refer matters to Court 81 Hearings etc 82 Variation of written submissions Part 6—Conduct of licensed business Division 1—Supervision and management 97 Supervision and management of licensee's business 97A Direction to complete training—responsible persons 98 Approval of assumption of positions of authority in corporate or trust structures Division 2—Profit sharing 99 Prohibition of profit sharing Division 3—Supply of liquor to residents on licensed premises 100 Supply of liquor to residents on licensed premises 101 Record of residents on licensed premises Division 4—Removal and consumption of liquor 102 Restriction on taking liquor from licensed premises 103 Restriction on consumption of liquor in, and taking liquor from, licensed premises 104 Liquor may be brought onto, and removed from, licensed premises in certain cases Division 5—Regulation of prescribed entertainment 105 Prescribed entertainment on licensed premises Division 6—Noise 106 Complaint about noise etc emanating from licensed premises Division 7—Employment of minors 107 Minors not to be employed to serve liquor in licensed premises Division 7A—Sale of liquor through direct sales transaction 107A Sale of liquor through direct sales transaction Division 8—Sale or supply to intoxicated persons 108 Liquor not to be sold or supplied to intoxicated persons Division 9—Miscellaneous requirements 109 Copy of licence etc to be kept on licensed premises 109A Records of liquor transactions 109B Returns Part 7—Minors 109C Interpretation 110 Sale and supply of liquor to minors on licensed premises 110A Supply of liquor to minors generally 111 Areas of licensed premises may be declared out of bounds to minors 112 Minors not to enter or remain in certain licensed premises 113 Notice to be erected 113A Requirements relating to notices 115 Evidence of age may be required 115A Seizure of evidence of age document 116 Power to remove or refuse entry to minors Part 7A—Offences relating to conduct on licensed premises etc 117A Offensive or disorderly conduct Part 7B—Offences relating to criminal organisations 117B Preliminary 117C Report of Crime and Public Integrity Policy Committee 117D Exclusion of persons wearing or carrying prohibited items 117E Entering and remaining in licensed premises wearing or carrying a prohibited item 117F Removal of person wearing or carrying prohibited item from premises Part 8—Disciplinary action 118 Application of Part 119 Cause for disciplinary action 119A Commissioner's power to deal with disciplinary matter by consent 119B Disciplinary action before Commissioner for certain matters 120 Disciplinary action before the Court 120A Commissioner's power to suspend or impose conditions pending disciplinary action 121 Disciplinary action Part 9—Special powers and enforcement Division 1—Powers of entry etc 122 Powers of authorised officers 123 Power to enter and search premises and confiscate liquor Division 2—Power to remove or refuse entry 124 Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour Division 3—Power to bar Subdivision 1—Interpretation 124A Interpretation Subdivision 2—Licensee barring orders 125 Licensee barring orders Subdivision 3—Police barring orders 125A Commissioner of Police barring orders 125B Police officer barring orders 125C Offences 125D Evidence Subdivision 4—Miscellaneous 125E Power to require personal details 126 Orders 127 Power to remove person who is barred 128 Review of orders 128A Reports on barring orders 128AB Commissioner of Police to report to Minister for Police on barring orders Division 4—Public order and safety 128B Power of Commissioner to issue public order and safety notice 128C Power of police to clear or close licensed premises etc Part 9A—Liquor accords 128D Interpretation 128E Preparation of draft local liquor accords 128F Terms of local liquor accords 128G Competition and Consumer Act and Competition Code 128H Approval of local liquor accords Part 10—Unlawful consumption of liquor 129 Consumption of liquor on regulated premises 130 Unlawful consumption of liquor 131 Control of consumption etc of liquor in public places Part 10A—Prohibition of manufacture, sale or supply of certain liquor 131AA Prohibition of manufacture, sale or supply of certain liquor Part 11—Miscellaneous Division 1—Offences and procedure 131A Failing to leave licensed premises on request 132 Penalties 133 Recovery of financial advantage illegally obtained 134 Vicarious liability 135 Evidentiary provision 135A Determination of second or subsequent offence in case of previous offence that has been expiated Division 2—General 136 Service 137A Destruction of fingerprints 137B Procedures to be observed by authorised persons in prevention of persons from entering, and removal of persons from, licensed premises 137C Special transitional provision—disapplication or modification of certain restrictions or requirements in respect of licences 138 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Liquor Licensing Act 1997. 3—Objects (1) The object of this Act is to regulate and control the promotion, sale, supply and consumption of liquor— (a) to ensure that the sale and supply of liquor occurs in a manner that minimises the harm and potential for harm caused by the excessive or inappropriate consumption of liquor; and (b) to ensure that the sale, supply and consumption of liquor is undertaken safely and responsibly, consistent with the principle of responsible service and consumption of liquor; and (c) to ensure as far as practicable that the sale and supply of liquor is consistent with the expectations and aspirations of the public; and (d) to facilitate the responsible development of the licensed liquor industry and associated industries, including the live music industry, tourism and the hospitality industry, in a manner consistent with the other objects of this Act. (1a) For the purposes of subsection (1)(a), harm caused by the excessive or inappropriate consumption of liquor includes— (a) the risk of harm to children, vulnerable people and communities (whether to a community as a whole or a group within a community); and (b) the adverse economic, social and cultural effects on communities (whether on a community as a whole or a group within a community); and (c) the adverse effects on a person's health; and (d) alcohol abuse or misuse; and (e) domestic violence or anti‑social behaviour, including causing personal injury and property damage. (2) Subject to this Act, in deciding any matter before it under this Act, the licensing authority must have regard to the objects set out in subsection (1). 4—Interpretation In this Act, unless the contrary intention appears— adjacent—places or premises are adjacent if they adjoin (either in a horizontal or vertical plane) or if they are in close proximity to each other; authorised person, in relation to licensed premises, means— (a) the licensee; or (b) a responsible person for the licensed premises; or (c) a police officer; or (d) a person who holds a security agents licence that authorises the person to perform the function of controlling crowds in licensed premises under the Security and Investigation Industry Act 1995; authorised trading hours, in relation to a licence, means the hours during which the sale, supply or consumption of liquor is authorised by the licence; beer means beer, ale, lager, stout or liquor of any other kind produced by brewing; beneficiary includes an object of a discretionary trust; body corporate includes a company within the meaning of the Corporations Act 2001 of the Commonwealth; close associate, except where otherwise provided by this Act, has the meaning given by section 7; club event endorsement—see section 36(9); club transport endorsement—see section 36(11); code of practice—see section 11A; collective outlet—see section 39(4); Commissioner means the Liquor and Gambling Commissioner; community impact assessment guidelines—see section 53B; council means a municipal or district council; Court means the Licensing Court of South Australia; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety; designated application—see section 53A; designated licence means— (a) a general and hotel licence; or (b) an on premises licence, unless— (i) the premises to which the proposed licence relates is a public conveyance; or (ii) the licence is, or is proposed to be, subject to a condition that the business conducted at the licensed premises be such that at all times the primary service provided to the public at the premises is the provision of accommodation; or (c) a club licence, if— (i) the licence is, or is proposed to be, subject to a condition authorising— (A) the sale of liquor to persons (other than a resident) for consumption off the licensed premises; or (B) the sale of liquor after 2 am on any day; or (ii) in the opinion of the licensing authority, the business conducted under the licence and activities on the premises or proposed premises will have a substantial adverse impact on the amenity of the locality in which those premises are, or are to be, situated, taking into account— (A) the size of the premises or proposed premises; and (B) the trading hours or proposed trading hours under the licence; and (C) any other matter the licensing authority considers relevant; or (d) a packaged liquor sales licence, other than if the licence is, or is proposed to be, subject to a condition authorising the licensee to only sell liquor through direct sales transactions; director of a body corporate means a member of the board or committee of management of the body corporate; direct sales transaction means a transaction for the sale of liquor in which— (a) the liquor is ordered by the purchaser by mail, telephone, facsimile transmission or internet or other electronic communication; and (b) the liquor is delivered to the purchaser, or a person nominated by the purchaser, at the residence or place of business of the purchaser, or some place (other than premises at which the liquor has been stored prior to delivery) nominated by the purchaser; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 whether declared as such under that Act or not; entertainment means a dance, performance, exhibition or event (including a sporting contest) calculated to attract and entertain members of the public; function means a gathering of people on any occasion at which liquor is to be sold, supplied or consumed and for which licensed premises, or a part of licensed premises, has been booked in advance; gross turnover means the gross proceeds of the sale of liquor under a licence; inspector—see section 9; intoxicated—a person is intoxicated if— (a) the person's speech, balance, co‑ordination or behaviour is noticeably affected; and (b) it is reasonable in the circumstances to believe that the affected speech, balance, co‑ordination or behaviour is the result of the consumption of liquor or some other substance; Judge means the Licensing Court Judge or some other Judge with authority to exercise the jurisdiction of the Court; licence means a licence under this Act; licensed person or licensee means a person who holds a licence (including a temporary or short term licence) under this Act and includes— (a) if a licence is held by a trustee—the trust; or (b) a person authorised to carry on business under a licence; licensed premises means premises in respect of which a licence is in force and includes premises for which the licence is currently under suspension; licensing authority means— (a) in relation to a matter that is to be decided by the Court under this Act—the Court; (b) in relation to any other matter—the Commissioner; Licensing Court Judge means a District Court Judge designated by proclamation as the Licensing Court Judge; liquor means a beverage which at 20° Celsius contains more than 1.15 per cent alcohol by volume and includes any substance declared by regulation to be liquor for the purposes of this Act; liquor merchant means— (a) a person who holds a licence under this Act (except a person who holds only a short term licence); or (b) a person who is authorised under the law of another State, or a Territory, of the Commonwealth to sell liquor; meal means a genuine meal eaten while seated at a table; minor means a person under the age of 18 years; offensive or disorderly—without limiting the conduct that may constitute behaving in an offensive or disorderly manner, the conduct may be constituted of offensive language; officer means— (a) in relation to a body corporate—a director of the body corporate; (b) in relation to a trust—a trustee; packaged liquor means liquor in sealed containers for consumption off licensed premises; party includes— (a) an intervener; (b) in relation to an application for the transfer of a licence—the transferor; position of authority in a trust or corporate entity—see section 6; premises includes— (a) land; (b) any building or structure on land, including a temporary or moveable building or structure; (c) a public conveyance; (ca) a motor vehicle (within the meaning of the Road Traffic Act 1961) or a vehicle of a kind prescribed by the regulations; (d) a part of premises; production and sales event endorsement—see section 39(5); production outlet—see section 39(2); public conveyance means an aeroplane, vessel, bus, train, tram, or other vehicle used for public transport or available for hire by members of the public, but does not include a conveyance hired on a self-drive basis if all passengers (if any) are to be transported free of charge or other consideration; public interest—the public interest includes, but is not limited to, matters relating to— (a) public order and safety; and (b) public health (whether generally or in respect of particular groups or communities); and (c) the welfare of particular groups or communities; public order and safety includes matters of— (a) personal safety and apprehension of danger to personal safety; and (b) safety of property and apprehension of danger to safety of property; and (c) public order unrelated to matters of public safety; and (d) public safety unrelated to matters of public order; public order and safety notice—see section 128B; public place means a place (not being licensed premises) to which the public has access (whether or not admission is obtained by payment of money); reception includes a convention, conference or similar function— (a) at which people gather in substantial numbers for a particular purpose; and (b) for which licensed premises, or a part of licensed premises, has been booked in advance, (but does not include a function of which the consumption of liquor is the sole or a predominant purpose); record means— (a) a document; or (b) a record of a kind declared by regulation to be a record for the purposes of this definition; Note— The Acts Interpretation Act 1915 defines document—see section 4(1) of that Act. regulated premises means— (a) licensed premises; or (b) a restaurant, café or shop; or (c) an amusement parlour or amusement arcade; or (d) a public place that is being used for the purposes of an organised event, where admission to the event is gained on payment of money, presentation of a pre‑paid ticket or purchase of some item; or (e) a public conveyance; or (f) premises of a kind declared by regulation to be regulated premises, and includes an area appurtenant to any such premises, but does not include any premises, place or conveyance declared by regulation not to be regulated premises; related body corporate—bodies corporate are related for the purposes of this Act if they are related within the meaning of the Corporations Act 2001 of the Commonwealth; resident on licensed premises—see section 5; responsible person for licensed premises means a person who is, in accordance with section 97, responsible for supervising and managing the business conducted under the licence; retail—a sale is by retail if made to a person who is not a liquor merchant; retail outlet—see section 39(2); sample—an amount of liquor of a particular kind will not be considered to be a sample if it exceeds the prescribed amount for that kind of liquor; sell includes— (a) to barter or exchange; (b) to offer or expose for sale, barter or exchange; (c) to supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; (d) to supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain; spirits means liquor of any kind produced wholly or in part by distillation; spouse—a person is the spouse of another if they are legally married; trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries; trust or corporate entity means a trust or a body corporate; unlicensed person means a person who does not hold a licence under this Act; unlicensed premises means premises in respect of which a licence is not in force under this Act (but if a licence for the premises is under suspension, the premises are not to be regarded as unlicensed premises for the period of the suspension); wholesale—a sale is by wholesale if made to a liquor merchant; wholesale outlet—see section 39(2); wine includes mead, cider, perry and any other fermented liquor produced from fruit, vegetables, berries or honey but does not include a product produced by blending wine with other beverages. 5—Resident on licensed premises (1) A person is regarded as a resident on licensed premises at a particular time if, and only if— (a) the person has spent the previous night at the licensed premises or is booked to spend the next night (or the present night) at the licensed premises; and (b) the person's name has been entered in the record of residents required to be kept by the licensee under this Act. (2) None of the following persons is to be regarded as a resident on licensed premises: (a) the licensee or a member of the licensee's family; (b) a responsible person for the licensed premises or a member of a responsible person's family; (c) an employee of the licensee or a member of the employee's family. 6—Persons with authority in a trust or corporate entity (1) A person occupies a position of authority in a trust or corporate entity if the person— (a) in the case of a body corporate— (i) is a director of the body corporate; (ii) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; (iii) manages, or is to manage, the business of the body corporate to be conducted under a licence; (iv) if the body corporate is a proprietary company—is a shareholder in the body corporate; or (b) in the case of a trust—is a trustee or beneficiary of the trust. (2) However— (a) a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust. 7—Close associates (1) Two persons are close associates if— (a) one is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are joint venturers; or (e) they are related bodies corporate; or (f) one is a body corporate and the other is a director or executive officer of the body corporate; or (g) one is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or (h) one is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding (within the meaning of the Corporations Act 2001 of the Commonwealth) in the body corporate; or (i) one has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (j) one is in a position to exercise control or significant influence over the conduct of the other; or (k) a chain of relationships can be traced between them under any one or more of the above paragraphs. (2) In subsection (1)— prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth. 7A—Exemptions If a provision of this Act allows a licensing authority to grant an exemption from a provision or requirement under this Act (including a provision or requirement under a code of practice), the licensing authority may vary or revoke the exemption, and must give notice of the variation or revocation of the exemption in a manner and form determined by the licensing authority. Part 2—Licensing authorities Division 1—The Commissioner and staff 8—Liquor and Gambling Commissioner (1) The office of Liquor and Gambling Commissioner continues. (2) The Commissioner is responsible to the Minister for the administration of this Act. (3) The Commissioner is to be a Public Service employee. 9—Inspectors and other officers (1) The Commissioner's staff consists of the inspectors and other officers necessary to assist the Commissioner in the administration and enforcement of this Act and any other Acts under which the Commissioner exercises functions and powers. (2) The Commissioner must provide each inspector with a certificate of identity and an inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise, powers under an Act, produce that certificate. 10—Delegation (1) The Commissioner may delegate powers or functions (under this Act or any other Act or instrument) to any person. (2) A delegation under this section— (a) may be absolute or conditional; and (b) does not derogate from the power of the Commissioner to act personally in any matter; and (c) is revocable at will; and (d) may, if the instrument of delegation so provides, be further delegated. 11—Disclosure of information The Commissioner may disclose information gained in the course of the administration of this Act— (a) to authorities responsible for the administration of liquor licensing laws in other States and Territories of the Commonwealth; and (b) to any other authorities that may require the information for the purpose of discharging duties of a public nature; and (c) if the information is disclosed in a form that does not identify the person to whom it relates—to any other person, or in any other way, the Commissioner (in the exercise of an absolute discretion) considers appropriate in the public interest. 11AA—Publication of determinations—confidential information If the Commissioner publishes a determination made under this Act, the Commissioner may exclude from publication information that the Commissioner considers to be— (a) personal information of a confidential nature; or (b) information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were published; or (c) information the publication of which would, or could reasonably be expected to, prejudice the commercial position of a person or confer a commercial advantage on a person; or (d) information the publication of which— (i) would otherwise be contrary to the public interest; or (ii) would be inappropriate for such other reason as the Commissioner thinks fit. 11A—Codes of practice (1) For the purposes of this Act, the Commissioner may, by notice in the Gazette, publish a code of practice that has been approved by the Minister. (2) Without limiting the matters that may be included in a code of practice, a code of practice may include measures that can reasonably be considered appropriate and adapted to the furtherance of the objects of this Act. (2a) The Commissioner may include provisions in a code of practice that declare whether a contravention of, or failure to comply with, a provision of the code is to be expiable for the purposes of section 45. (3) A code of practice may— (a) be of general or limited application; and (b) vary in operation according to factors stated in the code; and (c) provide for the granting by the Commissioner of exemptions (conditional or unconditional) from specified provisions of the code. (3a) The Commissioner may include provisions in a code of practice that— (a) declare whether contravention or failure to comply with a provision of the code is a category A, B, C or D offence for the purpose of section 45; and (b) if the offence is to be expiable—declare whether the offence is a category A, B, C or D expiable offence for the purposes of that section. (4) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a code of practice. (4a) The Commissioner must, before making or varying a code of practice, undertake consultation (in such manner as the Commissioner thinks fit) with persons or bodies that the Commissioner is satisfied represent the interests of licensees affected by the proposed code or variation. (5) A notice published in the Gazette under this section may come into operation on the day on which it is published or on a later day or days specified in the notice. (6) Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to a notice published in the Gazette under this section as if it were a regulation within the meaning of that Act. (7) A person is, in relation to the performance of a prescribed function under a code of practice, exempt from the operation of the Security and Investigation Industry Act 1995. 11B—Review of codes of practice (1) The Minister must cause a review of the operation of any codes of practice published under section 11A to be conducted immediately following the first anniversary of the commencement of this section. (2) A review under subsection (1) must be completed, and a report on the results of the review provided to the Minister, within 6 months after the first anniversary of the commencement of this section. (3) The Minister must, within 12 sitting days after receipt of a report, cause copies of the report to be laid before each House of Parliament. 11C—Steps to avoid conflict with planning system The Commissioner should— (a) in the development and implementation of a code of practice; or (b) in the assessment of an application for a licence under this Act; or (c) in the imposition of conditions under this Act, take reasonable steps to avoid any inconsistency with, or the duplication of, matters that are dealt with or addressed under the Planning, Development and Infrastructure Act 2016. Division 2—The Licensing Court of South Australia 12—Continuation of Court The Licensing Court of South Australia continues in existence. 13—Court to be court of record The Court is a court of record. 13A—Seal (1) The Court will have such seals as are necessary for the transaction of its business. (2) A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court. 14—Constitution of the Court (1) The Court is constituted of— (a) the Licensing Court Judge; or (b) some other District Court Judge, or former District Court Judge, with authority to exercise the jurisdiction of the Court. (2) The Court, separately constituted of different Judges, may sit at the same time to hear and determine separate proceedings. 15—Judges (1) The Governor may, by proclamation— (a) designate a District Court Judge as the Licensing Court Judge; or (b) confer on other District Court Judges, or former District Court Judges, authority to exercise the jurisdiction of the Court; or (c) vary or revoke a proclamation under this section. (2) If a proclamation under subsection (1)(a) or (b) so provides, it lapses at the end of a specified period. (3) The Licensing Court Judge is responsible for the administration of the Court. (4) If the Licensing Court Judge is absent or unable to act, another Judge of the Court nominated by the Governor will act in the office of the Licensing Court Judge. (5) The Licensing Court Judge may delegate any power or function under this Act to another Judge of the Court. (6) A delegation under subsection (5) is revocable at will and does not derogate from the power of the Licensing Court Judge to act himself or herself in any matter. (7) A Judge has the same privileges and immunities from liability as a Judge of the Supreme Court. 15A—Registrar (1) A person may be appointed to be the Registrar of the Court on a basis determined by the Minister. (2) The office of Registrar may be held in conjunction with another office or position. 16—Jurisdiction of the Court The Court has the jurisdiction conferred on it by this Act or any other Act. 16A—Rules (1) Rules of court may be made under this Act to regulate the practice and procedure of the Court and to provide for any other matter necessary or expedient for the effective and efficient operation of the Court. (2) The power to make rules under this section includes the power to make rules in respect of any jurisdiction conferred on the Court by another Act. (3) Rules of the Court may be made by the Licensing Court Judge. (4) Rules of the Court take effect as from the date of publication in the Gazette or a later date specified in the rules. Division 3—Division of responsibilities between the Commissioner and the Court 17—Division of responsibilities between Commissioner and the Court The powers and responsibilities of a licensing authority under this Act are divided between the Commissioner and the Court as follows: (a) the Court is to determine the following matters: (i) all matters referred to the Court under a provision of this Act for hearing and determination by the Court; and (ii) all other matters that are, under some other provision of this Act, to be determined by the Court; (b) the Commissioner is to determine all matters that are not to be determined by the Court under paragraph (a). Division 4—Proceedings before the Commissioner 18—Proceedings before the Commissioner In proceedings under this Act, the Commissioner— (a) must act without undue formality; and (b) is not bound by the rules of evidence but may inform himself or herself on any matter as the Commissioner thinks fit. 19—Powers of Commissioner with respect to witnesses and evidence (1) The Commissioner may exercise the following powers: (a) by summons, require any person to attend before the Commissioner at a time and place specified in the summons for the purpose of giving evidence relevant to proceedings before the Commissioner; (b) by summons, require the production of records; (c) inspect records, and take copies of, or extracts from, them; (d) require any person to take an oath or affirmation verifying evidence given, or to be given, before the Commissioner; (e) require any person appearing before the Commissioner to answer a question put by the Commissioner or some other person. (2) A person who— (a) having been served with a summons to attend before the Commissioner fails, without reasonable excuse, to attend in obedience to the summons; or (b) having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or (c) refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Commissioner, is guilty of an offence. Maximum penalty: $2 500. 20—Representation (1) A party to, or another person involved in, proceedings before the Commissioner, other than proceedings relating to an application under Part 4 in relation to which the Commissioner has determined not to hold a hearing, may appear in those proceedings— (a) personally; or (b) by counsel; or (c) if the party or other person is a member of a genuine association formed to promote or protect the interests of a section of the liquor industry, or employees in the liquor industry—by an officer or employee of that association; or (d) if the party or other person is a trust or corporate entity—by an officer or employee of the entity; or (e) with the permission of the Commissioner—by any other person. (2) The Commissioner of Police may be represented in proceedings (other than proceedings relating to an application under Part 4 in relation to which the Commissioner has determined not to hold a hearing) before the Commissioner by a police officer. 21—Power of Commissioner to refer questions to the Court (1) Without limiting anything in Part 4 Division 13, the Commissioner may refer for hearing and determination by the Court— (a) any proceedings that involve questions of substantial public importance; or (b) any question of law that arises in proceedings before the Commissioner; or (c) any other matter that should, in the public interest or in the interests of a party to the proceedings, be heard and determined by the Court. (2) Subsection (1)(a) and (c) does not apply to an application to which section 52 applies that relates to a small venue licence. 22—Application for review of Commissioner's decision (1) Subject to subsection (3), the following persons may apply to the Court for a review of a decision of the Commissioner in relation to an application for or in relation to a licence under Part 4: (a) in the case of a decision of the Commissioner where the Commissioner held a hearing in respect of the application—a person involved in the hearing; (b) in the case of a decision of the Commissioner relating to a designated application (other than a decision of a kind referred to in paragraph (a))— (i) the applicant; or (ii) if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police; or (iii) any other person who made written submissions relating to the application; (c) in any other case— (i) the applicant; or (ii) the licensee (in a case where the licensee is not the applicant); or (iii) if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police; or (iv) any other person with the permission of the Court. (2) Subject to subsection (3)— (a) a party to any other proceedings before the Commissioner under this Act who is dissatisfied with a decision made by the Commissioner in the proceedings may apply to the Court for a review of the Commissioner's decision; and (b) a licensee who is dissatisfied with a decision made by the Commissioner under section 43(1) in circumstances in which there were no proceedings before the Commissioner may apply to the Court for a review of the Commissioner's decision. (3) If the Commissioner's decision relates to a subject on which the Commissioner has an absolute discretion, the decision, insofar as it was made in the exercise of that discretion, is not reviewable by the Court. (4) Despite subsection (3)— (a) an applicant for, or in relation to, a small venue or short term licence who is dissatisfied with a decision of the Commissioner in relation to the applicant's application may apply to the Court for a review of the decision; and (b) the Commissioner of Police may apply to the Court for a review of the Commissioner's decision to grant an application for, or in relation to, a small venue or short term licence. (5) A review on application by the Commissioner of Police under subsection (1) or (4)(b) is limited to whether a particular person is a fit and proper person, or whether the Commissioner's decision is contrary to the public interest. (6) An application for review of a decision of the Commissioner must be made within 1 month after the applicant for the review receives notice of the decision or a longer period allowed by the Court. (7) A review is in the nature of a rehearing. (8) On a review, the Court may exercise any 1 or more of the following powers: (a) affirm, vary or quash the decision subject to the review; (b) make any decision that should, in the opinion of the Court, have been made in the first instance; (c) refer a matter back to the Commissioner for rehearing or reconsideration; (d) make any incidental or ancillary order. Division 5—Proceedings before the Court 22A—Time and place of sittings (1) The Court may sit at any time (including a Sunday). (2) The Court may sit at any place (either within or outside the State). (3) The Court will sit at such times and places as the Licensing Court Judge may direct. 22B—Adjournment from time to time and place to place The Court may— (a) adjourn proceedings from time to time and from place to place; or (b) adjourn proceedings to a time, or a time and place, to be fixed; or (c) order the transfer of proceedings from place to place. 22C—Hearing in public (1) Subject to this and any other Act, proceedings before the Court must be heard in public. (2) The Court may, at any stage of the proceedings on its own initiative or on the application of a party, give directions— (a) requiring particular persons to withdraw from a hearing before the Court, or excluding particular persons from a hearing before the Court, so that it may be conducted in private; or (b) prohibiting or restricting the publication of evidence given before the Court or of the contents of any document produced to the Court. (3) A person must comply with a direction of the Court under subsection (2). Maximum penalty: $5 000. 23—Proceedings before the Court In proceedings before the Court (under this Act or any other Act) the Court— (a) must act without undue formality; and (b) is not bound by the rules of evidence but may inform itself on any matter as it thinks fit. 24—Powers with respect to witnesses and evidence (1) The Court may exercise any of the following powers: (a) by summons, require any person to attend before the Court at a time and place specified in the summons to give evidence relevant to proceedings before the Court; (b) by summons, require the production of records; (c) inspect records, and take copies of, or extracts from, them; (d) require any person to take an oath or affirmation verifying evidence given, or to be given, before the Court; (e) require any person appearing before it to answer a question put by the Court or some person appearing before the Court. (1a) If the Court requires the attendance before it of any person who is held in custody in the State, the Court may— (a) issue a summons requiring the custodian to produce that person before the Court at a nominated time and place; or (b) issue a warrant authorising the sheriff, or a police officer, to take the person from the custodian and bring him or her before the Court. (2) A person who— (a) having been served with a summons to attend before the Court fails, without reasonable excuse, to attend in obedience to the summons; or (b) having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or (ba) misbehaves before the Court, wilfully insults the Court, or wilfully interrupts the proceedings of the Court; or (c) refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Court, is guilty of an offence. Maximum penalty: $2 500. (3) A summons may be issued on behalf of the Court, on the application of any party to proceedings before the Court, by— (a) a Judge. 24A—Entry and inspection of property (1) The Court may enter any land or building and carry out any inspection that the Court considers relevant to a proceeding before the Court. (2) A person who obstructs the Court in the exercise of a power of entry or inspection under this section is guilty of an offence. Maximum penalty: $5 000. 24B—Injunctive remedies (1) If there are reasonable grounds to believe that a person is about to contravene or to fail to comply with a provision of this Act or a condition of a licence, the Court has jurisdiction to order the person to refrain from the contravention or non‑compliance. (2) A person who contravenes or fails to comply with an order under subsection (1) commits a contempt of the Court. 24C—Punishment of contempts (1) A contempt of the Court is a summary offence punishable by a maximum fine of $10 000 or imprisonment for a maximum term of 6 months. (2) The jurisdiction to deal with an offence against subsection (1) is vested in the Court. (3) If a contempt is committed in the face of the Court, the matter may be dealt with immediately (without the necessity of laying a charge or other formality) and the Court may proceed to convict and fine the offender as it thinks fit. 25—Representation (1) A party to proceedings before the Court may appear in the proceedings— (a) personally; or (b) by counsel; or (c) if the party is a member of a genuine association formed to promote or protect the interests of a particular section of the liquor industry, or employees in the liquor industry—by an officer or employee of that association; or (d) if the party is a trust or corporate entity—by an officer or employee of the entity; or (e) with the permission of the Court—by any other person. (2) The Commissioner of Police may be represented in proceedings before the Court by a police officer. 25A—Intervention by Commissioner The Commissioner may intervene in proceedings before the Court under this Act for the purpose of introducing evidence, or making representations, on any question before the Court. 26—Power to award costs If the Court is of the opinion that a person acted unreasonably, frivolously or vexatiously in bringing or in relation to the conduct of proceedings, the Court may make an award of costs against the person. 27—Appeal from orders and decisions of the Court (1) A party to proceedings before the Court may, with the permission of the Court of Appeal, appeal against any order or decision of the Court. (2) However, no appeal lies against— (a) an order or decision of the Court made on a review of a decision of the Commissioner under this or some other Act; or (b) an order or decision of the Court excluded from appeal under a provision of this or some other Act. (3) An appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court. (4) An appeal under this section must be heard and determined by the Court of Appeal. (5) On an appeal under this section, the Court of Appeal may— (a) affirm, vary or quash the order or decision subject to the appeal; (b) make any order or decision that should, in the opinion of the Court of Appeal, have been made in the first instance; (c) remit the subject matter of the appeal for further hearing by the Court; (d) make any incidental or ancillary order. 28—Reference of question of law The Court may refer a question of law for determination by the Court of Appeal. Division 5A—Intervention by Commissioner of Police 28AA—Intervention by Commissioner of Police (1) The Commissioner of Police may intervene in proceedings before a licensing authority, by notice lodged in a manner and form approved by the Commissioner, at least 7 days before the day appointed for the determination or hearing of the proceedings (or such lesser period as the licensing authority may allow), for the purpose of introducing evidence, or making submissions, on any question before the authority. (2) However, the Commissioner of Police may only intervene in proceedings in connection with an application under Part 4 on the question of— (a) whether a person is a fit and proper person; or (b) whether, if the application were to be granted, public disorder or disturbance would be likely to result; or (c) whether to grant the application would be contrary to the public interest. Division 6—Criminal intelligence 28A—Criminal intelligence (1) Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Commissioner, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure. (2) If a licensing authority— (a) refuses an application for a licence, the transfer of a licence or an approval, or takes disciplinary action against a person, or revokes or proposes to revoke an approval under section 71AA; and (b) the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the licensing authority is not required to provide any grounds or reasons for the decision other than that to grant the application would be contrary to the public interest, or that it would be contrary to the public interest if the person were to be or continue to be licensed or approved, or that it would be contrary to the public interest if the approval were to continue in force. (2a) If the Commissioner proposes to impose a licence condition to improve public order and safety or to issue a public order and safety notice in respect of a licence and the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the Commissioner is not required to provide any grounds or reasons for the decision other than that it would be contrary to the public interest if the condition were not imposed or the notice were not issued. (3) If the Commissioner of Police makes written submissions opposing an application under Part 4 because of information that is classified by the Commissioner of Police as criminal intelligence— (a) the Commissioner of Police is not required to serve a copy of the written submissions on the applicant; and (b) the licensing authority must, at least 7 days before the day appointed for the hearing or determination of the application, advise the applicant in writing that the Commissioner of Police has made written submissions opposing the application on the ground that to grant the application would be contrary to the public interest. (4) If the Commissioner or the Commissioner of Police lodges a complaint under Part 8 in respect of a person because of information that is classified by the Commissioner of Police as criminal intelligence, the complaint need only state that it would be contrary to the public interest if the person were to be or continue to be licensed or approved. (5) If the Commissioner of Police bars a person from entering or remaining on licensed premises by order under Part 9 Division 3 because of information that is classified by the Commissioner of Police as criminal intelligence, the order need only state that it would be contrary to the public interest if the person were not so barred. (5a) In any proceedings under this Act, the Commissioner, the Court or the Supreme Court— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent. (6) The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police. Part 3—Licences Division 1—Requirement to hold licence 29—Requirement to hold licence (1) A person who sells liquor without being licensed under this Act to do so (or who sells liquor under a licence that is suspended) is guilty of an offence. Maximum penalty: (a) for a first offence—$20 000; (b) for a second or subsequent offence—$40 000. (2) An occupier or person in charge of premises on which liquor is sold in contravention of subsection (1) who knowingly permits the sale is guilty of an offence. Maximum penalty: (a) for a first offence—$20 000; (b) for a second or subsequent offence—$40 000. (3) If a prescribed person sells liquor to another person and— (a) the prescribed person reasonably believes, or ought reasonably to believe, that the other person intends to sell the liquor in contravention of subsection (1); and (b) that other person sells the liquor in contravention of subsection (1), the prescribed person is guilty of an offence. Maximum penalty: (a) for a first offence—$20 000; (b) for a second or subsequent offence—$40 000. (4) In this section— prescribed person means— (a) a licensee; or (b) a person employed or engaged by a licensee; or (c) an agent of a licensee. 30—Cases where licence is not required A licence is not required for the sale of liquor— (a) where the liquor is sold for medicinal purposes— (i) by a registered pharmaceutical chemist; or (ii) by or on the prescription of a registered medical practitioner or registered dentist; or (b) where the liquor is sold to a religious organisation or a representative of a religious organisation for sacramental or other similar religious purposes; or (c) where the liquor is supplied in the course of an educational course declared by the Minister by notice in the Gazette to be an approved course for the purposes of this section; or (d) where the liquor is sold in Parliament House by the proper authority; or (e) where the liquor is an allowance supplied by the master of a ship to a member of the ship's crew; or (f) where the liquor is supplied to a patient in a hospital by or under the authority of the body responsible for administering the hospital; or (g) where the liquor is won as a prize in a game of skill or chance; or (h) where the sale is exempted by the regulations from the application of this Act. Division 2—Licences Subdivision 1—Authorised trading in liquor 31—Authorised trading in liquor (1) Subject to this Act, a licence authorises the licensee to sell and supply liquor in accordance with the terms and conditions of the licence (including the trading hours fixed by the licensing authority). (2) There will be the following classes of ongoing licences (see Subdivision 2): (a) general and hotel licence; (b) on premises licence; (c) residential licence; (d) restaurant and catering licence; (e) club licence; (f) packaged liquor sales licence; (g) liquor production and sales licence; (h) small venue licence. (3) There will be a class of temporary licence known as a short term licence (see Subdivision 3). (4) There will be a class of licence granted to the holder of a corresponding authorisation in another State or Territory of the Commonwealth known as an interstate direct sales licence (see Subdivision 4). Subdivision 2—Ongoing licences 32—General and hotel licence Subject to this Act and the conditions of the licence, a general and hotel licence authorises the licensee— (a) to sell liquor on the licensed premises at any time for consumption on the licensed premises; and (b) to sell liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between 8 am and 10 pm for consumption off the licensed premises; and (c) to sell liquor at any time on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and (d) to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm). 33—On premises licence Subject to this Act and the conditions of the licence, an on premises licence authorises the licensee to sell liquor at any time— (a) to a person on licensed premises for consumption on the licensed premises; and (b) to a resident on licensed premises for consumption on or off the licensed premises. 34—Residential licence (1) Subject to this Act and the conditions of the licence, a residential licence authorises the licensee to sell liquor on the licensed premises at any time— (a) to a resident on licensed premises for consumption on or off the licensed premises; and (b) to a guest of a resident on the licensed premises for consumption on the licensed premises, if the resident is also present on the licensed premises; and (c) to a person dining on the licensed premises for consumption with or ancillary to a meal provided by the licensee; and (d) for consumption on the licensed premises to a person— (i) attending a reception; or (ii) attending a function at which food is provided; or (iii) seated at a table. (2) A residential licence is subject to the condition that business must be conducted at the licensed premises such that the provision of accommodation to members of the public is at all times the primary service provided to the public at the premises, except as otherwise allowed by a condition of the licence. 35—Restaurant and catering licence (1) Subject to this Act and the conditions of the licence, a restaurant and catering licence— (a) authorises the consumption of liquor on the licensed premises at any time with or ancillary to a meal provided by the licensee; and (b) authorises the licensee to sell liquor at any time for consumption on the licensed premises— (i) with or ancillary to a meal provided by the licensee or in prescribed circumstances; or (ii) to a person— (A) attending a function at which food is provided; or (B) seated at a table; and (c) authorises the licensee to sell liquor in accordance with a condition under subsection (3). (2) A restaurant and catering licence is subject to the condition that business must be conducted at the licensed premises such that the supply of meals is at all times the primary service provided to the public at the premises, except as otherwise allowed by a condition of the licence. (3) For the purposes of subsection (1)(c), the conditions of a restaurant and catering licence may authorise the licensee to sell or supply liquor for consumption at the site of a function off the licensed premises by persons attending the function, provided that— (a) food is provided by the licensee at the function; and (b) the licensee has been given notice of the function at least 24 hours before the function; and (c) the licensee maintains records relating to the function in accordance with any requirements of the licensing authority, and the licensed premises are, for the period during which the licensee is so authorised to sell or supply liquor, to be regarded as including the site at which the function is held. 36—Club licence (1) Subject to this Act and the conditions of the licence, a club licence authorises the licensee— (a) to sell liquor at any time for consumption on the licensed premises; (b) to sell liquor on the licensed premises to a resident on licensed premises for consumption on or off the licensed premises; and (c) to sell liquor at any time through direct sales transactions to a member of the club (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm). (2) In addition, the licensing authority may include a condition on a club licence authorising the sale of liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between 8 am and 10 pm for consumption off the licensed premises. (3) A club licence is subject to the condition that the licence does not authorise the sale of packaged liquor from a facility commonly known as a drive‑in or drive through bottle shop. (4) In addition, a club licence is subject to the following conditions: (a) if there is a change to the composition of the committee of management of the club, the club will, within 14 days, give the Commissioner notice of the change in the form and containing the information required by the Commissioner; (b) if the licensing authority notifies the club that it considers that any member of the committee of management of the club is not a fit and proper person to be in a position of authority in the club, the club will immediately take action to have that person removed from the committee of management. (5) A club licence may only be held by a club that is— (a) a non‑profit association incorporated under the Associations Incorporation Act 1985; or (b) a company limited by guarantee under the Corporations Act 2001 of the Commonwealth. (6) However, the licensing authority may grant a club licence to a trustee for an association if satisfied that— (a) the association is unable to become incorporated; or (b) it is inappropriate to require the incorporation of the association. (7) A club is not eligible to hold a club licence unless the licensing authority is satisfied that— (a) subject to subsection (8), the club will be entitled to exclusive possession of the licensed premises at times when the sale of liquor is authorised by the licence; and (b) the rules of the club also make appropriate provision for— (i) management of the affairs of the club by a management committee elected by the general body of members; and (ii) regular meetings of the general body of members and the management committee; and (iii) admission to membership of the club; and (iv) the payment of subscriptions by the ordinary members of the club; and (v) the keeping of proper records of the proceedings of the club and its financial affairs. (8) Subsection (7)(a) does not apply to licensed premises in respect of which 2 or more clubs licences are granted if— (a) only those licensees are entitled to exclusive possession of the premises at times when the sale of liquor is authorised by the relevant licences; and (b) each licensee maintains a register in accordance with section 48(3)(b). (9) The licensing authority may endorse a club licence with an authorisation to sell or supply liquor on a site used for club activities specified in the endorsement during an event specified in the endorsement for consumption on or off the site as specified in the endorsement (a club event endorsement), except if t