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©State of Queensland
nsoli p~~~ of the ~ ~ q u o r Act quor e n ~ ~ e n ~ Act of 1935”,
s of “The Liquor Acts, 1912
on 36 see p. 623 o ~ ~ o l ~ ~ e
[Reprinted as at 1 January, 19871
As amended by
Part I1 and First Schedule in relation to this Act commenced 11 March 1974 (Proc,
Commenced 18 February 1974 (Proc. pubd. Gaz. 16 February 1974, p. 609).
2 s. 1 LIQUOR ACT 1912-1985 s. 1
Part I11 (except s. 16, subparagraphs (i) and (ii) of paragraph (a) of s. 17, paragraph (b) of s. 17, paragraph (a) of s. 18, s. 19, paragraph (a) of s. 23 and ss. 56-61) commenced
1 November 1979 (Proc. pubd. Caz. 29 September 1979, p. 497).
Part I11 (except as above) commenced 1 January 1984 (Proc. pubd. Gaa. 17 December 1983, p. 1698).
9s. 1, 2 and 35 commenced on date of Assent.
s. 9 (a), (c) commenced 20 November 1985 (Proc. pubd. Gaz. 20 November 1985, p. 1543).
ss. 3, 5, 8, 9 (b), 10, 12, 14-17, 19-34 and 36 commenced 23 December 1985 (Proc.
Act (except as above) commenced 1 July I986 (Proc. pubd. Caz. 28 June 1986, pubd. Gaz. 21 December 1985, p. 2218).
p. 1777).
An Act to Consolidate a
Intoxicating Liquor, a Amend the Laws rela for other purposes con
[I$SSENTED TO 12 ECEMBER, d 9 121 CTED by the
the advice and consent he Legislative Council and Assembly of ~ u e e n s ~ a ~ ~ i liament assembled, and by t of the same, as follows:-
g’s Most Excellent Majesty,
arts, as follows:----
RT I-PRELIMINARY (§§. 1-51;
RT IA-LICENSING COURT (ss. 5 4 - 5 ~ ) ;
RT II-LICENSING COMMISSION AND A D ~ I N I S T ~ T ~ O N
(SS. 6-14~);
PART 111-LICENSES (ss.
PART I ~ - ~ ~ L I G A T I O ~ S , AND LIABILITIES OF LICENSEES
P A R AND LIABILITIES OF LICENSED
PIRIT MERCHANTS (ss, 108- 1 I 3);
PART VI-LICENSED CLUBS ( S S . 1 14- ]I 25F);
§. 2 LIQUOR ACT 1912-1985 §. 3 3 ESTAURANT LICENSES (ss. 1 2 5 ~ ~ - 1 2 5 ~ ~ ) ;
SORT LICENSES (ss. 1 2 5 ~ ~ - 1 2 5 ~ ~ ) ;
PART V I C ~ T H ~ T R E LICENSES (SS. 125CA- 125CG);
PART VID-AIRPORT LICENSES (ss. 1 2 5 ~ ~ - 1 2 5 ~ ~ ) ;
ART VIE-CARARET LICENSES (SS. 125EA- 125EK);
ART VIF-LIMITED EL LICENSES (SS. 1 2 5 ~ ~ - ~ 2 5 ~ ~ ) ;
ART VIG-FUNCTION OM LICENSES (SS. 125GA-125GF);
ART VIW-TAVERN LICENSES (SS. 125HA-125HI);
STRO LICENSES (SS. 125JA- 125JP);
ATERERS' LICENSES (ss. 1 2 5 ~ ~ - 125~1);
PART VII--SALE OF LIQUOR BY ~ N L I C E ~ S E D
PART V I I I - ~ A X I M U ~ RICES FOR LIQUOR (ss. 1 3 4 ~ - 1 341);
ART VIL-TOURIST ARK LICENSES (SS. 1 2 5 ~ ~ - 1 2 5 ~ ) ; (ss. 126- 1 34);
ART IX-GENERAL PROVISIONS (ss. 1 52.- I 7 I);
HEDULE.
Substituted by Act of 1973, No. 81, s. 2; as amended by Act of 1979, No. 40, s. 8.
cited as "The Liquor Act of 191 y provided, shall commence and
f April, one thousand nine hun
Collective title conferred by Act of 1985, No. 81, s. 3 (2).
The Acts menti the extent there
s herein otherwise provided:-
(i) Such repeal shall not prejudice or a ct any ~ ~ o c ~ a m a t i o n , office, appointment, certificate, li se, re~istration, QP"
made, constituted~ or grant a c ~ ~ i r e ~ , or any liability,
or punishment incurred, under OF in (ii) P~oceedings begun before the commencement of this Act es committed before the be punishable, as if this t the commencement of this Act, and all g a license, and all premises then licensed
subject to this Act:
every re~Feshment-room at any railw station which at the commencement of this Act is h under lease from the Commissioner for Railways, and in respect of which the said Commissioner has granted a respect of any of the repealed Acts;
may be continued, a c o ~ m ~ n c e ~ e n t of t Act had not been passed;
4 5.4 LIQUOR ACT 1912-1985 SO
subsisting license under section one hundred and thirty-four of‘6 The Licensing Act of1885,” shall for all purposes remain subject to “The Liquor Acts, 1885 to 1904,” and to that extend the said Acts shall remain in force until the expiration or other determination of every such lease:
Upon the e x ~ ~ r a t i o n or other deter~ination of such lease of a ~efreshmend- roo^, the provisions of this Act relating to railway refreshme~t-rooms shall apply to such
~efreshm~nt~room;
club and every spirit ed Act shall be deem (iv>
Act, until the thirtieth day of June, o
less such registration is sooner every such spirit
at the annual sitti
tes, the following ter to them, that is to say,-
r place in or on l i c ~ n s e ~ ly or principally
customers, stocked with liquor o
with a counter or counters across which liquor is suppli direct to c ~ s t o m e r s ~ and wherein or whereon customers m consume then and there the liquor with which they are so
e a room or glace in or used solely as a serveny t to, or carried by the licensee, his servants or agents to, customers who c o n s u ~ e that liquor away from that servery in-
(a) A beer garden;
(b) A lounge;
(c) A dining room; or
(d) §ome other part of the licensed pr such a servery or a bar within t
~ e ~ n i t i ~ n ;
ises which is not
“Beer garden”-The or parts of the licensed premises of a lice r a licensed club which have been dec ursuant to section 6 0 ~ of this Act to be a beer
s. 4 LIQUOR ACT 1912-1985
garden and in respect of which the declaration remains in force;
purposes of sale, of beer, ale, porter, fermented liquor brewed wholly or in part from malt: the term registered bre
brewer whose brewery is registe in ~ u e e n s ~ a n d relating to the breweries or a person licensed of or s~bstitution for such Act);
Excise Act 1901-1928 of the Commo (or any Act ofthe Commonwealth in a
es moving from one place to another by any er by land, sea, or air, and any liquor shall be deemed to be carried during the period from
preparations are made for its movement until its at a final desti~ation and whether or not the thing in is in actu
“carry99 an
inclusive mean in^;
“Clerk of the court.”---The person who is for t clerk of the court at the principal place for ho Courts in a district;
“Commission” or “Licensing Commission”-The Licensing Commission appointed and constituted under
T~urt~~---In relation to any matter rised at the materi
Court district centralization of Magistrates
ion at the material time, and the te atives thereof shall have a correspondin
the Commission (save where the matter or thing CO
determination of a charge of an o sion ofthis Act) and otherwise (incl
resaid exception) a Magistrates Court for h the authority conferred on the court is in which the matter to be heard or determined arises, which court shall
stipendiary magistrate or acting alone, and which c
for the holding of
hat where there is no stipendiary ~ a ~ i s t r a t ~ diary m a ~ § t ~ a t e available to constitute a
ay be cons~tuted by suck justice or justices as the Governor in Council by Order in Council appoints, and either generally ar in any particular case;
istiller”-A distiller of spirits: The term “registered distiller”
means a distiller licensed under the Distillation Act 6901- 6950 of the Commonwealth (OF any Commonwealth Act in amendment of or substitution for such Act) to distil spirits;
istrict”-A ~ a ~ s t r a t e s Courts istrict constituted by “The Justices Acts, 1886 to 6932;”
6 s. 4 LIQUOR ACT 1912-1985 s. 4
“Executive Officer”-The person who at the material time holds the appointment Executive Officer of the Commission and includes any person who at the material time is p e ~ o ~ i n g the duties of the Executive Officer;
“Elections Acts”--The laws in force for the time being relating to the election of members of the Legislative Assembly;
“Eliector”-A person qualified to vote at a Parliamentary election for the return o f a member to the Legislative Assemb~y for an electoral district;
“Electoral District or Electoral Division”-An electoral district or electoral division respectively constituted un
Elections Acts;
licensed victualler or in residential acc~mmodation by a licensed club, means a person-
~ ‘ ~ u e ~ t ” - ~ s e d with reference to a lodger in the premises s f a (a) who, in the company of such a lodger on the day in question, partakes of the regular meal provided in the premises of such licensed victualler or, as the case may be, licensed club at a time not earlier than halfpast five o’clock in the afternoon; and
(b) who is, thereafter, in the company of such lodger;
‘61nspector’9-A person appointed as, or deemed to be, an inspector under this Act;
“License”--A license (including, in appropriate cases, every renewal thereof) of any description or kind, whether granted under this Act, or any Act repealed by this Act, in force at any material time: Every endorsement upon or attaching to any license shall be regarded as forming part of that license;
““Licensed premises”-The premises in respect of which a license is granted;
“Licensed victualler”-The lawful holder at any material time of a licensed victualler’s license; where necessary the t e rn includes the person lawfully permitted to carry on the
~usiness of the licensed victualler;
“Licensee’’ or “holder”-In relation to a license, the lawful holder at any material time of that license, and, in relation to licensed premises, the person who in relation to the license in respect of those premises is the licensee; where necessary the term includes n lawfully permitted to carry on the business of the
‘ 6 ~ i c e n s i n g Court”---T icensing Court of Queensland constituted under section 54;
“Liquor”-VVines, spirits, beer, ale, porter, stout, cider, perry, or any other spirituous OF fermented fluid whatever
intoxicating nature: the term includes any beverage int for human consumption in respect of which the le
hanol) is more than five millilitres per litre
9.4 LIQUOR ACT 1912-1985 s. 4 7
“Lodger”-in relation to licensed premises, a person-
(a) To whom has been allotted in the premises a room (the number or description whereof appears in the register of lodgers with respect to the lodger and the day in question);
(b) Whose true name and address appears in the register of lodgers (with respect to the day in question); and
ho is a bona fide resident in the premises;
gistrates Court constitu~ed under the or deemed so to have been;
ster for Justice or other Crown charged for the time being with the of this Act;
~ner’~---used with respect to licensed premises-The registered proprietor or other person for the time being entitled to receive the rent of such Premises, and whose name is registered in the register ~f licenses as an owner of such premises; or, if he is absent from Queensland, the attorney or agent of such person: the term includes a m o ~ g a g ~ e ~ or incumb~ancee, or other person having an estate or inte
either in the freehold, leasehold, or by way of registe mortgage of the lease, license, g o o ~ ~ l l , or effects of licen premises whose name is so registered;
“Package”---Any vessel, tin, bottle, box, carton, utensil, bag, or other article or thing whatsoever in which liquor or a
container may be enc~osed, kept, wrapped, packed, con sent, or carried;
“Part”--Part of this Act, i luding, where necessary, Q r ~ e r ~ in Council, regulations a rules, if any, made under this Act for the purposes of the Part in question;
b b
““Prson9’-Includes a body corporate;
“Police Oficer”-Any officer or member
““Premises” includes house or place, and and extends to every room, billiard-r
convenience, cellar, yard, stable, outhouse, shed, or any other place whatsoever of belonging OF in any manner appertaining to such house or place: where necessary, the term includes a vessel;
“PPrescribe8”’-Prescribed by this Act or by any P r o c l a ~ a t ~ o n , Order in Council, regulatio~, or notific~tion made
ublic bar”-Any bar which is not-
(a) a bar of the type or class commonly known as a
‘‘
bar,” “Saloon bar,” or by any other name of import; or
(b) a bar, howsoever called, at or in respect of which there is any restriction, limitation or special provision, wheth as to the price of liquor sold or as to the persons admitte
8 9 . 4 LIQUOR ACT 1912-1985 s. 4
licable in relation , and also every place of to all bars in the I
blic ~lace”-~nclude~ every p u b l i ~ resort open to or use term also include
made thereunder;
ea”-Any area which, upon the ~ e c o ~ m e n d a ~ i o n of nister in charge of tourist services, the Governor in
,
by Order in Council published in the Gazette, to be a tourist area (the Governor in Council being uthoris~d to so declare any area at any time).6 6 ~ e h i c l e 9 9 - ~ a ~ , tramcar, railway carriage, or other ~ ~ l w a y c a ~ a ~ e , dray, wagon, cart, truck, hand-cart, b a ~ o w , tricycle, motor cycle, motor car, motor vehicle, airc any other vehicle of any kind whatsoever;
“Year”--The period of time comm~ncing on the first day of July in a year and ending on the thirtieth day of June in the s ~ c c e ~ ~ i n g year.
each containing not less containers, each containin
than 370 milli~itres, shall be deemed to contain a tot quantity of 9 litres;
ers, each containing not less than 740 millilitre$, en containers, each containing not less than 370
~illilitres, shall be deemed to contain a total quantity of 4.5 litres.
s. 5 LIQUOR ACT 1912-1985 s. 5 9
oses of this Act and notwi erson who is convicted in for which he could have been prosecuted or c
Q is convicted elsewhere than in Queen of an act or omission that, had it Q C C ~ I T ~
radered the offender liable to be prose taken to have been con
anding that he was prosec Way.
As amended by Act of 1914, 5 Geo. 5 No. 21, s. 2; Act of 1926, 17 Geo. 5 No. 3, s. 2; Act of 1935, 26 Geo. 5 No. 20, s. 3; Act of 1941, 5 Geo. 6 No. 25, s. 2; Act of 1945, 9 CW. 6 No. 20, s. 2; Act of 1954, 3 Elk. 2 No. 55, s. 3; Act of 1958, 7 Elk. 2 No. 11, s. 3; Act of 1961, 10 Eliz. 2 No. 28, s. 3 (as from 1 December 1961) and s. 64 ( 1 ) (as from 1 July 1963); Act of 1965, No. 9, s. 3; Act of 1975, No. 3, s. 2; Act of 1973, No.
81, s. 3; Act of 1981, No. 65, s. 2; Act of 1985, No. 81, s. 4.
EXCEPTIONS
not less than 9 litres at one
10 s.5 LIQUOR ACT 1912-1985 S.
property of the estate ofthat held in trust as afore$ai~ b sale by a u ~ t i ~ n t~~~~~~
service of meals and
LIQUOR ACT 1912-1985
As amended by Act of 1945, 9 Geo. 6 No. 20, s. 3; Act of 1947, 11 Geo. 6 No. 33, s. 2; Act of 1954, 3 Eliz. 2 No. 55, s. 4; Act of 1961, 10 Eliz. 2 No. 28 s. 4 (as from I December 1961); Act of 1973, No. 81, ss. 4, 6 First Sch.; Act of 1978, No. 63, s. 19; Act of 1979, No. 40, s. 9.
12 s.5s LIQUOR ACT 1912-1985 S. 5B
shall be a court of record and shall have a seal which shall be judicially noticed.
( 2 ) The Governor in Council shall, from time to time as he thinks necessary, by notice published in the Gazette, notify the name of a Judge or the names of Judges of District Courts who will be the Judge or Judges to constitute the Licensing Court.
If for any reason whatever the conduct of the business of the Licensing Court, in the opinion of the Governor in Council, requires that a notification pursuant to this subsection be in respect of a limited period or a particular occasion the Governor in Council may notify the name of a Judge of District Courts to constitute the Licensing Court during the period or on the occasion specified in the notice published in the Gazette.
(3) The Licensing Court shall be constituted by the Judge ~otified by name pursuant to subsection ( 2 ) or where more than one Judge is so notified, either without limit of time or in respect of a limited period or particular occasion, by one of those Judges.
(4) Any Judge of District Courts fied by name pursuant to
§ubsection (2) may constitute the Licen Court notwithstanding that any other such Judge so notified is also constituting the court at the time.
(5) It shall be the duty of any Judge of District Courts whose name is notified as hereinbefore mentioned while his name remains so notified or, as the case may be, until the expiration of the period, or the ceasing of the occasion, for which he is so notified, to constitute the Licensing Court.
( 6 ) The jurisdiction of a Judge of District Courts named to constitute the Licensing Court shall not be taken thereby to be limited exclusively to the Licensing Court.
Inserted by Act of 1973, No. 81, s. 5; as amended by Act of 1975, No. 79, s. 2.
Section 3 of Act of 1975, No. 75 reads as follows:-
3. Existing a ~ ~ ~ o r i ~ preserved. Any Judge of District Courts who, immediately before the commencement of this Act, was charged pursuant to section SA of the Principal Act with the duty of constituting the Licensing Court of Queensland shall continue to be so authorized and charged in accordance with that section as amended by this Act and it shall be deemed that he was notified by name to constitute that court pursuant to section 5~ (2) of the Principal Act as amended by this Act.
.
( I ) The Licensing Court shall-(a) hear and determine all a ~ ~ l i c a t i ~ n s and other matters which by this Act or any other Act are required or permitted to be heard and determined by the Licensing Court;
(b) make all such orders and give all such directions as are authorized or contem~lated to be made or given by it under this Act; and
(c) have such other powers, functions and duties as are conferred or imposed upon it under this Act.
s. 5c LIQUOR ACT 1912-1985 S . 5 D 13
(2) Save as provided by section 5c, the jurisdiction of the Licensing Court under this Act shall be exclusive and every decision of that Court shall be Bbal and conclusive an shall not be impeached for any informality or want of form, or be ppealed against, reviewed, quashed or in any way called into question in any court.
Inserted by Act of 1973, No. 81, s, 5.
t. (1) A person aggrieved
by a n of the Licensing Court
(not being a direction, determinatiQn, order or decision on an appeal under section $A from a direction, determination, order or decision of the Commission) may appeal to the Full urt of the Supreme Court in accordance with the provisions of the es of the Supreme Court, but subject to this section, on the ground that such direction, ermination, order or decision is erroneous in law but on no other und.
(2) A copy of the notice of appeal shall be given to the Registrar of the Licensing Court who shall, at the request of a person aggrieved as aforesaid, make available to such person on payment of a reasonable fee therefor true copies of the originals of the evidence given and of the transc~pts of evidence and note n on the hearing before the Licensing Court certified by the said trar as such.
(3) As soon as practicable after the receipt by the Registrar of the Licensing Court of the copy of notice of appeal, he shall cause the originals of the evidence given and transcripts of evidence and notes taken on the hearing before the Licensing Court, or true copies thereof certified by the said Registrar as such, to be transmitted to the Registrar of the
upr re me
Court.an appeal is duly instituted n respect of a d e t ~ ~ i n a t i o n g Court ca~celling, forfeiti or suspending a license and of the (4
security required to be given has been en or a deposit required to be made has been made in respect ofcosts, the license in question shall be deemed not to be cancelled, forfeited or suspended, as the case may be, until the date fixed by the Licensing Court for the cancellation, forfeiture or suspension has arrived and the appeal has been heard and determined or otherwise disposed of and, in the event o f a determination, only if the appeal is disallowed.
Substituted by Act of 1979, No. 40, s. 10.
Q Wto state case. (1) The ~icensing ~ ~ Court may at its discretion state a special case for the opinion of the Full Court of the Supreme Court on any question of law.
(2) The Full Court of the Supreme Court shall deal with every such special case according to the practice of the Supreme Court on special cases and may make such order thereon as to the Full Court seems (3) The Full Court of the Supreme Court may send any such special just.
case back for amendment or may itself amend the same.
14 § . S E LIQUOR ACT 1912-1985 s, SP
(4) The ~ i c e ~ s i n g Court shall gi * decision in accor the o ~ i ~ i o ~ of the Full Court of the me chid.
Inserted by Act of 1973, No. 81, s. 5; as amended by Act of 1979, No. 40, s. f 1.
Court may direct.
Inserted by Act of 1973, No. 81, s. 5.
8. fic LI CT 1 9 1 2 * ~ 9 ~ 5 s . 5 ~ 15
rs and exercise in
Inserted by Act o f 1973, No. 81, s. 5; as amended by Act o f 1979, No. 40, s. 12; Act of 1985, No, 81, s. S.
Inserted by Act o f 1973, No. 81, s. 5.
Inserted by Act of 1973, No. 81, s. 5.
16 s . 5 ~ LIQUOR ACT 19 12- 1985 8. 5K
person who, being required by summons to attend as a witness, fails without reasonable excuse, to appear at the time and place specified in the summons or who, being in attendance whether voluntarily or p u r s u a ~ t to a s ~ m m o n s , refuses to be sworn or to make an affir~ation or refuses to answer any lawful question or neglects or refuses to produce any document or writing relevant to the matters the subject of the proceeding by the Licensing Court is guilty of contempt of court.
(3) A person who wilfully i n t e ~ ~ t s proceedings of the Licensing erwise isb behaves himself in the presence of the Court or obstructs, threatens or assaults any officer, party or witness e before, or going to or ~eturning from, the Court is guilty ommit a person guilty of contempt not exceeding twenty-eight days, or
exceeding $100 and, in defa of contempt of court.
(4) The Licensing CO of court to prison, for an impose on that
payment, may o exceeding twent
( 5 ) A person may be d y the Licensing Court for contempt
of court upon the Court’s or upon the evidence of a credible witness.
A person committed to prison by order of the Licensing Court or ordered to be imprisoned in defa
Court may be taken into cu
~ t h o u t further warrant.
A person guilty of contempt of court, whether or not he is dealt t, may, by order of the erson summoned to attend before the Licensing Court 11 be entitled to a tender of his reasonable expenses by the party requiring his attendance.
(7) No witness in any proceeding shall be excused from answering any relevant question put to him in the course of a proceeding before the Licensing Court on the grounds that the answer thereto would or t tend to incriminate but where the witness claims, before ering the question, that answer might tend to i n c ~ m i n a t e him, neither the question nor th swer is admissible in evidence against him in criminal proceedings other than proceedings under subsections (2) and (3) or in relation to a charge of perjury in respect of the answer.
osts. (1) The Licensing Court may make such order as it as to the costs of p r o c ~ ~ d i n g s heard and determined by it ding allowances to witnesses attending for the purpose of giving
nce at the hearing.
(2) Any order by the Licensing Court as to costs may be filed in the registry of a District Court and thereupon it shall be deemed to be an order of that Court as to costs and may be enforced accordingly.
the person be imprisoned for any pem
of ~ a y m ~ n t of a fine imposed y upon the authority of the or with under subsection (4) for his CO
Licensing Court, be exc~uded from the
Inserted by Act of 1973, No. 81, s. 5.
s. 5L LIQUOR ACT 1912-1985 S . 5~ 17
reme Court at w for the time
was a frivolous or vexatious proceeding or an abuse of the process of the Court, the Licensing Court may order payment of a sum to meet the reasonable costs and expenses of the person who h
successfully to the granting of such application, to be m person by the unsuccessful app~icant~
objection has been made and it appears to the CO
was frivolous or vexatious or an abuse of the process of the Court, it may order the person objecting to pay to the applicant such sum as the Court thinks reasonable for the costs incurred by the a p p ~ i c a ~ t in supp~rting the application.
ubsection (4) or of the order, be ur the order was (5) If the Licensing Court grants any such a
( 6 ) A sum ordered to be
constituted under trict in which the or, in the case o f t application refers are sit
the district in which the site to which it was or is ~ r o p o ~ e d to remove the license is situated.
Inserted by Act o f 1973, No. 81, s. 5.
er. The Licensing Court rn
in t seven days, or thin su
the discretion allows, from the date of by it o f any matter, rehear the matter upon such term
it thinks fit or, in its discretion, may refuse
Inserted by Act o f 1973, No. 81, s. 5
court of whom er in Council may cessary or conven' conferring jurisdiction, power or authority on the Court.
secti
following matters:-
ut limiting the generality of the foregoing provisions o f this ules of Court may make provision for all or any of the (a) ~ r e s c ~ b i n g the jurisdiction, powers and authorities of the Licensing Court which may be exercised by the Judge
LIQUOR ACT 1912-1985 s. SN
Inserted by Act of 1973, No. 81, s. 5 .
LICENSING
20 S . 6 A LIQUOR ACT 19 12- 1985 S. 6s
(b) In the case ofthe illness, in r absence of the chairman, cancy in that office, the tQ be the deputy m a n shall act as chai ission, and sha
the duties, an acts have all the powers and pe
may exercise all the jurisdiction and authority 0.F the chainman.
Acts, 1950 to 1954.”
Heading (preceding s. 6) substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 6.
s. 6 substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 6; as amended by Act of 1952, 1 Elk. 2 No. 35, s. 2; Act of 1954, 3 Elk. 2 No. 55, s. 5; Act of 1958, 7 E l k 2 No. 11, s. 4; Act of 1961, 10 Elia. 2 No. 28, s. 5 as from 1 December 1961); Act of Act of 1985, No. 81, 1965, No. 9, s. 4; Act s. 6. of 1973, No. 81, ss. 7, 99 Fi
l
th Sch.; Act of 1979, No. 40, s. 13;s. 3.
mission exercising any power or
s.7 21
sa 4; Act of 1973, No. 81, s. 99 Fifth Sch.
Heading su~stituted by Act of' 1935, 26 Ceo. 5 No. 20, ss. 5 , 6 .
s. 7 further substituted by Act of 1973, No. 81, s. 8; as amended by Act o f 1979, No. 40, s. 14.
22 s. LIQUOK ACT 1912-1985
e ission may at y time if it thinks fit h has been ~ e t e ~ i n e ~
Substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 6; as amended by Act of 1952, 1 Eliz. 2 No. 35, s. 3; Act of 1954, 3 Eliz. 2 No. 55. s. 7; Act of 1958, 7 Eliz. 2 No. 11, s. 6; Act of 1965, No. 9, s. 5.
Decimal ~ u ~ ~ n c y reference s u b s t j ~ u t e ~ pursuant to section 7 of Decimal Currency Act of 1965.
( 1 ) Subject to this ~ e ~ t i o n , any
~ i ~ a t i o ~ , order or decision of the the same to the ~ i c ~ n s i ~
e appeal shall be instituted within f ~ ~ r t e e n days after the
~ ~ b s t i t u t e d by Act of 1973, No. 81, s. 9,
Repealed 'by Act of 1973, No. 81, s. 9.
the e x e ~ ~ i $ e or
LIQUOR ACT 1912-1985 s. 9
Inserted by Act of 1970, No. 3, s. 8; as amended by Act o f 1973, No. 81, s, 10; Act of 1985, No, 81, s. 7.
tfie ~ a t t ~ r in relati~n
t had the matter ~ e e ~
Inserted by Act of 1970, No. 3, s. 9.
JURISDICTION OF COURT
s. 10 LIQUOR ACT 19 12- 1985 s . l l 2s
every such court ha^^, s tims Acts, 1886 to 1932”
eading subs~ituted by Act of 1935, 26 Geo. 5 WO. 20, ss. 5 , 6.
of 1964, s. 2 (4).
s. 10 further $ ~ b s ~ t u t ~ d by Act of 1973, No. 81, s. 11.
~ ~ c ~ ~ $ e § shall contain-
LIQUOR ACT 1912-1985 1.
S . 1 4 A LIQUOR ACT 1912-1985
1973, No. 81, s. 15.
the business cond cted under the a u t ~ o ~ t ~ of suck license or permit and ins t, examine, and take copies ofor extracts from the same and, if t
of and remove the same; a e r e ~ ~ i r e s it, t
Inserted by Act of 1954, 3 EIiz. 2 No. 55, s. 11 (1); as amended by Act of 1973, No.
81, s. 16.
s. 1 LIQUOR ACT 1912-19
or give any i n f Q ~ m a ~ o n or evi nce, or to sign any to c ~ m i n a t e h i ~ $ e l ~
In this section the t er ~ aa ~ t h o ~ t y ~ ~U l
ratio^ ten
Inserted by Act of 1954, 3 Eliz. 2 No. 55, s. 1 t (1).
Aet-
be amended accordingly.
~ l ~ c a t i o n , or proc or taken by any on behalf thereof by er, or nominee thereof, license, the ~ a m e may in the ca
given, made, or tak member, secretary, Q
(b) the licensee is a body corporate,
section,
Heading subs~ituted by Act of 1935, 24 Geo. 5 No. 20, s. 7; as amended by Act of 1954, 3 Elk. 2 No. 55, s. 12.
s. 15 s ~ ~ ~by Act t iof 1935, t ~ 26 ~ ~eo, ~5 No. 20, ss. 5, 9; as amended by Act of 1945, 9 Geo. 6 No. 20, s. 4; Act of 1954, Eliz. 2 WO. 55, s. 13; Act of 1941, 10 Eliz. 2 No. 28, s. 7 (as from 1 December 1961); Act of 1979, No. 40, s. 1.5.
1973, No. 81, s. 17.
(m) resort license;
s. I6 ~ I ACT 19 12- 1985 ~ ~ ~ R s.16 31
) bottler’s license;
er~n-vi~tner’s lic
(1-1
bistro license;(t) h i s t o ~ c inn license;
terer’s ~icense~
lis facility license;
as the case r e ~ ~ i r e s , constru
LIQUOR ACT 1912-1985 s. '11 Substituted by Act of 1954, 3 Eliz. 2 No. 55, I;. 14; as a m e ~ d ~ ~ by Act of 1961, 10 Elk. 2 No. 28, s. 8 (as from 1 December 1961) and s. 64 (1) (as from 1 July 1963); Act of 1965, No. 9, s. 7; Act of 1970, No. 3, s. 11; Act of 1973, No. 1, s. 18; Act of 1978, No. 63, s. 20; Act of 1979, No. 40, s. 16; Act of 1982, No. 25, s. 2; Act of 1985, No. 81,
s. 8.
icenses ems which. may be in for6
Substituted by Act of 1935, 26 Ceo. 5 No, 20, ss. 5 , 9; as amended by Act of 1961, 10 Eliz. 2 No. 28, s. 64 ( I ) (as from I July 1963); Act of 1973, No. 81, s. 19.
EES
fees. (1) The fees w ~ i G ~ aid annually for the fdlowi
s, 1 LIQUOR ACT 1912-1985 s.18 33
nt’s (retail) license-
(vi) For a resort licens
(vii) For a theatre l i c e n s e ~ a sum equal to eight per cent^^ of the gross a
p a y a ~ l ~ for a11 duties thereon) pa all liquor which durin st day of June in the precedin
34 s.18 LIQUOR ACT 1 9 12- 1 985
36 LIQUOR ACT 1912-1985
s. 37
38 s. 1 LIQUOR ACT 1912-1985 s. 1
in the notice thereof;
UE: to the Crown in t
8. 1 LIQLJOR ACT 1912-1985
tes Courts Acts, 1921 to 1954,’’ far t istrict in which e license refers are situated
t to be r ~ c Q ~ e r e d exceed
and on QT before c i r c u ~ ~ t a ~ ~ e s w ~ ~ a n t ~ and in such cas e due and payable accordingly.
year.
~ e a d i n ~ s u b s t i ~ u t e ~ by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 10.
s. € 8 substituted by Act of 1935, 26 Geo. 5 No. 20, ss, 5, 10; as amended by Act of 1941. 5 Geo. 6 No. 25, s. 3; Act of 1945, 9 Geo. 6 No. 20, s. 5; Act of 1954, 3 Eli2. 2 No. 55, s. 16 (1); Act of 1958, 7 Eliz. 2 No. 11, s. 7; Act of 1961, 10 Elk. 2 No. 28, s. 9 (1) (as from 1 January 1962), 9 (2) (as from 1 December 1961) and s. 64 (1) (as from 1 July 1963); Act of 1965, No. 9, s. 8 (as from 1 July 1965 in a certain r e s ~ c t ) ; Act of 1970, No. 3, s. 12; Act of 1973, No. 81, ss. 6 First Sch., 20; Act of 1975, No. 56, s. 3 (as from 1 November 1975); Act of 1976, No. 67, s. 3 (as from 1 Nov~mber 1976); Act of 1978, No. 29, s. 3 (as from 1 July 1977); Act of 1978, No. 63, s. 21; Act of 1979, No.
40, s. 17; Act of 1982, No. 25, s. 3; Act of 1985, No. 81. s. 9.
Decimal currency references substitut~d p u r s u a ~ t to section 7 of Decimal Currency Act of 1965.
LI ACT 1912-1985
L~~~~~ ACT I9 12- 1985 A 41
5 . B8B
iving a valid receipt for
s, 1 1 3 ~ ~ o r i ~ ~ a l l y s. 1 8 ~ ) inserted by Act of 1945, 9 Geo. 6 No. 20, s. 6; as amended by Act of 1954, 3 Eliz. 2 No. 55, s. 17; re numb ere^ by Act of 1961, 10 Elk. 2 No. 28, s. 10 (b) (as from 1 December 1961); as amended by Act of 1941, 10 Elk. 2 No. 28, s. 64 ( I ) (as from 1 July 1963); Act of 1985, No, 81, s. 10.
44 s.20 LIQUQR ACT 1912-1985 8 . 2 0 A
clu us ion, or segregation of persons consuming liquor on licensed premi~es of any class whatsoever.
The power to make such regulatio ulations with res
one another or from the general p pow~rs ofthe
ue orders from
ubject to section 471s of this
ed that an order as ~ f o r ~ ~ a i
~ o ~ e i t the license in respect of th
Heading substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5 , 11.
s. 19 substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 11; as amended by Act of 1945, 9 Geo. 6 No. 20, s. 7; Act of 1954, 3 Eliz. 2 No. 55, s, 18; Act of 1961, 10 Eik. 2 No. 28, s. 64 (1) (as from 1 July 1963); Act of 1965, No. 9, s. 9; Act of 1970, No. 3, s.
13; Act o f 1973, No. 81, s. 6 First Sch.
Subst~t~ted by Act of 1935, 26 Geo. 5 No. 20, ss. 8, 12.
o m e r shall w ~ ~ ~ e v ~ r es hi f abode
ti^
su change to thesuch amendment Act.
s. 21 LIQUOR ACT 1912-1985
on or after th
Inserted by Act of 1945, 9 Geo. 6 No. 20, s. 8.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
is section. shall with suc
s. 21 substituted by Act of 1961, 10 Eliz. 2 No. 28, s. 1.1 (as from I December 1961);
as a m e ~ ~ e d by Act of 1961, 10 Eliz. 2 No. 28, s. 64 {1) {as from 1 July 1983).
46 s.222 ~1~~~~ ACT 1912-1985 s. 22
exceeding one month has been imposed ~ t h o ~ t the option of a fine;
ny
ers son
~ n ~ e r t other than a bot spirit merchant or the spouselicensee is a ma
the spouse of a brewer or distiller;
*
sicL~~~~~ ACT 1912-1985
~ o ~ e i t the license bel
8 s, R ACT ~912-1985 A
ead~ng s ~ b s t ~ t u t e d by Act o f 1935, 26 Ceo. 5 No. 20, ss. 8, €4.
s. 22 substitute^ by Act of 1935, 26 Ge 5 No. 20, ss. 8, 64; as a by Act of 1945, 9 Ceo. 6 No, 20, s. 9; Act of 11954, 3 Iiz. 2 No. 55, s. 20; Act o , 7 Eliz. 2 WO. 1 1 , s. 8; Act of 1961, 10 Eliz. 2 No, 28 . 12 (as from 3 December and s, 64 (1) (as from 1 July 1963); Act of 1965, No. 9, s. 10; Act of 1970, No. 3, s. 14; Act o f 1973, No. 81, s. 6 First Sch.; Act of 1979, No. 40, s. 18; Act of 1981, No. 65, s. 3; Act of 1982, No. 25, s. 4; Act of 1985, No. 81, s. 11.
behalf of which
Inserted by Act of 1945, 9 Geo. 6 No. 20, s. 10; as amended by Act o f 1954, 3 Elk.
2 No, 55, s. 21; Act of 1961, 10 Eliz. 2 No. 28, s. 64 (1) (as from 1 July 1963).
s. 23 L I ~ ACT ~ OI9 12- ~1985 s.23 49
here shall not be s
e h
as the case requires, by the ~ ~ ~ ~ ~ s s ~ ~ n .
50 s. 2
40, s. 19.
1970, No. 3, s. 15; Act of 1973, No. 81, s. 22; Act of 1979, No. 40, s. 19; Act o f 1985, No. tal, s. 12,
$* 2
52 s . 2 LIQUOR ACT 1912-1985 s. 2
Further s u ~ s ~ i ~ u t e d by Act of 1985, No. 81, s. 13.
54 s . 2 LIQUOR ACT 1912-1985 9. 27
for each bottle or other container so sold of s r
eo. 5 No. 20, ss. 8, 15.
s. 25 substit~ted by Act o f 1935, 26 Ceo. 5 No. 20, ss. 8, 15; as amended by Act of 1945, 9 Ceo. 6 No. 20, s. 1 1 ; Act of 1954, 3 Eliz. 2 No. 55, s. 24; Act of 1961, 10 Eliz.
2 No. 28, s. 64 (1) (as from 1 July 1963).
Decimal c u ~ ~ ~ c y r e f e ~ ~ n c ~ s substituted pursuant to section 7 of ~ e ~ i m a ~ ~ ~ e n c y Act o f 1965,
1.
epealed by Act o f 1965, No. 9, s. 12 (as from 1 July 1965).
~~~~~~ ~ ~ ~ LICENSE ~ ~ A N ~ 9 ~
lding such a license.
otice of the appli in such ~~~~~
ense shall for the ant or t r a ~ s ~ e r a s
8.27 '9.24 5 5
WOW ACT 1912-1985 s, 2 7 ~
s, 27 ~ u b $ ~ ~ t u ~ e d by Act o f 1935, 26 Ceo. 5 No. 20, 3s. 8, 16; as amended by Act of
S. 2’9A LIQUOR ACT 1912-1985 S.2’9A 57
58 s . 2 s. 2
60 s.29 LIQUOR ACT 1912-1985 s. 3@
the
ant^^^
of the license will adversely affect the economy e licensed victuO ~ ~ n ~ l s. 28 repealed by Act of 1954, 3 EIiz. 2 No. 55, s. 27,
Present s. 28 inserted by Act of 1973, No. 81, s. 26; as amended by Act of 1978, No. 63, s. 22; Act of 1985, No. 81, s. 14.
eading substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 8, 18.
1961); Act of 1965, No. 9, s. 14; Act of 1973, No. 81, s. 27; Act of 1985, No. 81, s. 15.
8.3
62 s.32 LXQUOR ACT 1912-1985 8.33
~ ~ b s ~ i ~ u ~ e d by Act of 1 9 3 5 2 6 Geo. § No. 20, ss. 8, 18; as amended by Act of 1961, 10 Elk. 2 No, 28, s. 18 {as from 1 December 1961) and s. 64 (1) (as from 1 July 1963);
Act of 1973, No. 81, s. 6 First Sch.
10 Eliz. 2 No. 28, s. 64 ( I ) (as from 1 July 1963).
S. 63
9 Geo. 6 WO. 20, s. 12; Act of 1954, 3 Eliz. 2 No. 5 5 , s. 30; Act of 1951, 10 Elk. 2 No.
28, s. 19 (as fiorn I December 1961); Act of 4965, No. 9, s. 14: Act of 1973, No. 81, s. 6 First Sch.
73570-3
