Section 81 Liquor Act 2007 | Decisions Regarding Complaints

The Legislation

Section 81 of the Liquor Act 2007 (NSW) is concerned with Decisions Regarding Complaints and is set out below.

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81 Decision by Director-General in relation to complaint

(1) The Director-General may, after dealing with a complaint in accordance with section 80, decide to do any one or more of the following:
(a) impose a condition on the licence for the licensed premises the subject of the complaint,
(b) vary or revoke a condition to which the licence is subject,
(c) if a conference has been convened in relation to the complaint–adjourn the conference subject to implementation and continuation of undertakings given by the licensee,
(d) issue a warning to the licensee,
(e) take no further action in relation to the complaint.

(2) The conditions that may be imposed on a licence include, but are not limited to, conditions relating to any one or more of the following:
(a) noise abatement,
(b) prohibition of the sale or supply of liquor before 10 am and after 11 pm,
(c) prohibition of, or restriction on, activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),
(d) restricting the trading hours of, and public access to, the licensed premises,
(e) requiring the licensee to participate in, and to comply with, a liquor accord.

(3) The Director-General is to take the following matters into consideration before making a decision under this section:
(a) the order of occupancy between the licensed premises and the complainant,
(b) any changes in the licensed premises and the premises occupied by the complainant, including structural changes to the premises,
(c) any changes in the activities conducted on the licensed premises over a period of time.

(4) For the purposes of subsection (3), “complainant” does not include a complainant who is the Commissioner of Police or a person authorised by the local consent authority.