Australian Capital Territory Numbered Acts

LIQUOR (AMENDMENT) ACT 1999 (NO. 51 OF 1999) - SECT 18

    After Division 2 of Part 5 of the Principal Act the following Division is inserted:

“ Division 2A—Reprimands

“45A     Grounds for reprimand

    For this Division, the grounds for the issue of a reprimand to a licensee are as follows:

        (a)     the licensee has contravened a provision of this Act;

        (b)     the licensee has permitted the licensed premises to be used so as to cause undue disturbance or inconvenience to persons lawfully on the premises;

        (c)     the licensee has permitted the licensed premises to be used so as to cause undue disturbance or inconvenience to persons occupying premises in the neighbourhood;

        (d)     the licensed premises do not comply with the Licensing Standards Manual;

        (e)     the licensee's conduct of the licensed premises has not complied with the manual;

        (f)     the licensee has, in the licensed premises, created a hazard by fire to life or property or permitted such a hazard to develop;

        (g)     a loss of amenity in the vicinity of licensed premises arises from a matter referred to in paragraph 44 (1) (a) or (b).

“45B     Referral to board for reprimand

    If, after investigation (whether following a complaint under paragraph 45 (1) (b) or otherwise), the registrar is satisfied that, on material being considered, there are reasonable grounds on which the board might decide to issue a reprimand to a licensee, the registrar shall, in writing, refer the matter to the board for consideration under Part 12 (Inquiries and hearings by the board).

“45C     Action on referral for reprimand

“(1)     On referral of a matter under section 45B, the board shall—

        (a)     if satisfied, on reasonable grounds, that the facts set out in the documents provided to the board by the registrar would not, if proved, establish any ground for the issue of a reprimand to the licensee—dismiss the matter; or

        (b)     in any other case—consider the matter in accordance with Part 12 (Inquiries and hearings by the board).

“(2)     After considering the matter, the board shall, in writing—

        (a)     issue a reprimand to the licensee; or

        (b)     dismiss the matter.

“(3)     The board shall not issue a reprimand to the licensee unless satisfied, on reasonable grounds, that there is a ground for doing so under section 45A.”.