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Flashcards in 20 Deck (10):
1

s131 to s136

Liquor Accord legislation

2

s139(1)(2)

Disciplinary complaints: Grounds for making a complaint: (1) A complaint in relation to a licensee, manager or close associate of a licensee may be made to the Authority by any of the following persons (referred to in this Part as the complainant): (a) the Secretary, (b) the Commissioner of Police, (c) a person authorised by the regulations. (2) A complaint must be in writing and specify the grounds on which it is made.

3

s139(3)(a)(b)

The grounds on which a complaint in relation to a licensee, manager or close associate may be made are as follows: (a) that the licensee or manager has been convicted of an offence under this Act or the regulations or of an offence prescribed by the regulations. (b) that the licensee or manager has failed to comply with any of the conditions to which the licence is subject.

4

s139(3)(c)(d)

(c) that the licensee has failed to comply with any of the conditions to which any authorisation or approval held by the licensee under this Act is subject, (d) that the licensee or manager has failed to comply with any other requirement under this Act or the regulations.

5

s139(3)(f)(g)

(f) that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption) (g) that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises.

6

s139(3)(h)(i)

(h) that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises, (i) that the licensee is not a fit and proper person to be the holder of a licence

7

s139(3)(o)(r)

(o) in the case of a limited licence—that the licensee has not exercised proper control and supervision over a function held under the licence, (r) that public entertainment has been conducted on the licensed premises otherwise than in accordance with any requirements under the Environmental Planning and Assessment Act 1979 relating to the use of the premises for public entertainment,

8

s139(3)(s)(t)

(s) that the licence has not been exercised in the public interest, (t) that the continuation of the licence is not in the public interest.

9

s140

Procedure: Must invite submissions from licensee and others.

10

s141

Authority may take action in relation to disciplinary complain: Cancel/Suspend licence, Order licensee to pay monetary penalty, suspend/cancel authorisation, impose conditions, disqualify people.