Disciplinary Action

LIQUOR LICENSING > DISCIPLINARY ACTION


Disciplinary action may be lodged against

  • a person who is or has been licensed or approved under the Liquor Licensing Act 1997;
  • a person who has sold liquor without a licence;
  • a person who occupies or has occupied a position of authority in a licensed entity or an entity that has sold liquor without a licence;
  • a person who supervises or manages or has supervised or managed a business conducted under a licence or a business in the course of which liquor has been sold without a licence;
  • an unlicensed person who has entered into an arrangement contrary to the Liquor Licensing Act 1997 with a licensee;
  • a lessor of licensed premises.

A complaint may be lodged

  • by the Commissioner
  • by the Commissioner of Police or
  • if the subject matter of the complaint is relevant to the responsibilities of the council in whose area the licensed premises is situated, by the council.

Cause for disciplinary action

There is proper cause for disciplinary action against a person:

  • if the person has improperly obtained a licence or approval under the Liquor Licensing Act 1997;
  • or in relation to a business that is being or has been conducted under a licence:
    • if liquor has been sold or supplied contrary to the Liquor Licensing Act 1997 or without proper authority under the Act; or
    • if there has been a breach of a condition of the licence; or
    • if the licensed premises have been altered without the approval of the licensing authority; or
    • if the licensed premises are or have been in disrepair or in an unsatisfactory condition; or
    • if the safety, health or welfare of persons resorting to the licensed premises is or has been endangered by neglect of the premises or neglect in the conduct, supervision or management of the business; or
    • if a person has been convicted of unlawful gaming in respect of events occurring (wholly or partly) on the licensed premises; or
    • if a contravention or failure to comply with an industrial award or enterprise agreement has occurred; or
    • if the business has otherwise not been properly conducted, supervised or managed in accordance with the or any other Act; or
  • if the person is or has been licensed or approved under the Liquor Licensing Act 1997 but is not a fit and proper person; or
  • if the person has been guilty of
    • a breach of the Act; or
    • a breach of a term or condition of a licence; or
    • a breach of an order under the Act; or
    • a breach of an undertaking.

Commissioner’s power to deal with disciplinary matter

If the Commissioner is of the opinion that proper grounds for disciplinary action exist, and the person liable to the disciplinary action consents, the Commissioner may determine not to lodge a complaint with the Court and instead:

  • obtain from the person an undertaking directed against continuation or repetition of the relevant conduct; or
  • in the case of a licensee, add to, or alter, the conditions of the licence; or
  • in the case of a licensee, suspend or revoke the licence or approval.

The Commissioner may, in determining whether to exercise a power under the Act in relation to a person, take into account any previous action or a previous finding by the Court that there was proper cause for taking disciplinary action against the person.

Penalties

If the application is made to the Licensing Court and the Court is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one more of the following:

  • in the case of a person licensed under the Act, add to, or alter, the conditions of the licence;
  • in the case of a person licensed or approved under this Act, suspend or revoke the licence or approval;
  • in the case of any person-
    • reprimand the person;
    • impose a fine not exceeding $15000 on the person;
    • disqualify the person from being licensed or approved under this Act.