Flashcards in 21 Deck (14):
Strike offences: Sale outside of hours, lock outs breach, permit intox/indec/vio/quarel, Sell to intox, Permit drugs, fail to comply with closure, failure to comply with notice/direction from Secretary, Sell to minor,
For the purposes of this Part, a person commits a prescribed offence if: Convicted, paid part of penalty notice, penalty notice enforcement order issued.
Remedial action against licensee: 1st strike Authority may order licensee to undertake training, 2nd strike Authority may reprimand or have pay small penalty, 3rd strike Authroity may disqualify the licensee.
Remedial action re licence: 1st strike/2nd strike conditions may be imposed. 3rd Strike the licence may be suspended/ cancelled.
The Authority may prevent cycling of licensees if they believe it is being done to prevent remedial action.
Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.
(1) Except as provided by subsection (2), proceedings for an offence under this Act or the regulations may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed. (2) Proceedings for an offence under section 7, 8, 9, 40 (5), 66, 69 or 92 may be commenced within but not later than 3 years after the date on which the offence is alleged to have been committed.
Additional penalties may be imposed by court: Magistrate may impose conditions, suspend/cancel licence and more.
If, in contravention of this Act or the regulations:
(a) an employee or agent of a licensee, or (b) an employee or agent of the manager of licensed premises, or (c) a person acting, or purporting to act, on behalf of a licensee or the manager of licensed premises, sells or supplies liquor on the licensed premises, the licensee or manager is guilty of an offence and liable to the punishment specified for the contravention.
Penalty notices may be issued. Part payment equals conviction.
(1) If a person is found guilty of an offence under section 7, any liquor that was, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control is forfeited to the Crown. (2) If the holder of a producer/wholesaler licence, or an employee or agent of such a licensee, is found guilty of an offence under section 9 (1) (b) of selling liquor that is not authorised to be sold under the licence, any liquor (other than liquor the licensee is authorised to sell under the licence) that was, at the time of the commission of the offence, in the licensee’s possession or apparently under the licensee’s control is forfeited to the Crown.
(3) If a person is found guilty of an offence under section 113: (a) any liquor to which the offence relates, and (b) any vehicle, boat or other thing in which the liquor was being carried, offered or exposed,
is forfeited to the Crown. (4) If a licence is cancelled under this Act, any liquor found, not earlier than 7 days after the cancellation takes effect, in the former licensee’s possession on the former licensed premises is forfeited to the Crown. (5) A police officer or inspector may seize and carry away anything that the officer or inspector reasonably suspects may be liable to forfeiture under this section.
(1) In any proceedings for an offence under this Act or the regulations, any one or more of the following allegations (however expressed) is evidence of the truth of the allegation unless the contrary is proved: (list) (2) In any proceedings for an offence under this Act or the regulations, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in the manner prescribed by the regulations.