Liquor Control (Supply and Consumption) (Liquor Licensing) Regulations 2015

In these Regulations —

In these Regulations, a reference to an individual being drunk is a reference to an individual who is drunk under section 14(6) of the Act.

The Licensing Officer may grant the following classes of liquor licences:

Subject to paragraph (3), the Licensing Officer may grant more than one class of liquor licence for any premises.

The Licensing Officer must not grant a Class 3A licence for any premises so long as there is a Class 2A or Class 2B licence for those premises that has not expired or been revoked.

A liquor licence is not renewable if the licensee has ceased or will, when the term of the liquor licence sought to be renewed expires, cease to supply liquor as authorised by the liquor licence.

In this regulation —

A liquor licence, other than a temporary licence, is valid for the period that is stated in the liquor licence which, in the case of a liquor licence granted on or after 1 April 2015, must not exceed one year.

A temporary licence is valid for the period that is stated in the temporary licence which must not exceed 30 days.

A licensee may apply to the Licensing Officer to extend the trading hours stated in the licensee’s liquor licence.

A Licensing Officer must not grant any extension of trading hours to a licensee to the extent that the extended trading hours would be inconsistent with any trading hours which have been prescribed by the Minister under section 6(2) of the Act and are applicable to the licensee.

A licensee must —

A licensee who contravenes paragraph (1) shall be guilty of an offence.

A licensee must not assign, lease or let the licensee’s licensed premises, or do any act to relinquish the management of the business for which the licensee’s licence is granted.

A licensee who contravenes paragraph (1) shall be guilty of an offence.

A licensee must not employ or permit to be employed at the licensee’s licensed premises any waitress —

A licensee who contravenes paragraph (1) shall be guilty of an offence.

A licensee, and an employee of a licensee, must not supply or permit to be supplied any liquor at the licensee’s licensed premises to an individual —

A licensee, and an employee of a licensee, must not supply any liquor to an individual who is younger than 18 years through any one or more of the following means:

A licensee, and an employee of a licensee, who supplies liquor to an individual online (other than through a third‑party electronic commerce platform) or through a telecommunication service must —

A licensee, and an employee of a licensee, who supplies liquor to an individual through a third‑party electronic commerce platform must not do so if the licensee or employee (as the case may be) knows, or ought reasonably to know, that the person operating the electronic commerce platform does not do any of the following:

A licensee, and an employee of a licensee, must not permit the consumption of liquor in the licensee’s licensed premises by an individual who is younger than 18 years.

An individual who is younger than 18 years must not buy or attempt to buy liquor.

A person must not buy liquor for consumption by an individual who is younger than 18 years at any licensed premises with a Class 1A, Class 1B, Class 2A, Class 2B or Class 5 liquor licence.

Any person who contravenes paragraph (1), (1A), (1B), (1C), (2), (3) or (4) shall be guilty of an offence.

It is a defence to a prosecution for an offence under paragraph (1)(b), (1A), (2) or (4) if the person proves, on a balance of probabilities, that the person had taken all reasonable steps to ascertain that the individual was 18 years or older.

It is a defence to a prosecution for an offence under paragraph (1C) if the person proves that the person, before supplying the liquor, carried out each act referred to in paragraph (1C)(a), (b) and (c).

A licensee must not permit any individual to be drunk or to behave in a disorderly manner at the licensee’s licensed premises.

A licensee who contravenes paragraph (1) shall be guilty of an offence.

It is a defence to a prosecution for an offence under paragraph (1) if the licensee proves, on a balance of probabilities, that the licensee had taken all reasonable steps to prevent the drunkenness or disorderly conduct (as the case may be) from occurring at the licensed premises.

Subject to paragraph (2), the following applications must be made using the electronic application service called GoBusiness, and accompanied by the appropriate fee specified in the Schedule:

In exceptional circumstances, the application must be made —

For an application referred to in paragraph (1)(a), (b) or (c), a responsible officer of the person making the application must, if required in writing by the Licensing Officer, attend in person at the time and place stated by the Licensing Officer, with such documents as the Licensing Officer may require, to provide information to the Licensing Officer for the purpose of deciding the application.

Unless the Licensing Officer considers appropriate, a person is not entitled to a refund of any fee paid under these Regulations.