Section 84 Liquor Act 2007 | Long Term Closure Orders

The Legislation

Section 84 of the Liquor Act 2007 (NSW) is concerned with Long Term Closure Orders and is set out below.

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84 Order by Authority for long-term closure of licensed premises

(1) The Authority may, on the application of the Director-General or the Commissioner of Police, order a licensee to close the licensed premises from a time specified in the order until a later specified time.

(2) The Authority may not make an order under this section unless:
(a) the licensee or manager of the licensed premises is the subject of an investigation by the Director-General under section 138 or an investigation by the NSW Police Force, or the licensed premises are the subject of a complaint under Division 3, or disciplinary action under Part 9 has been (or is proposed to be) taken by the Authority against the licensee or manager or a close associate of the licensee, and
(b) the licensee has been given notice of the application for closure of the licensed premises and has been given a reasonable opportunity to make submissions to the Authority in relation to the application, and
(c) the Authority is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the licensed premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.

(3) Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:
(a) a threat to public health or safety, or
(b) a risk of substantial damage to property, or
(c) a significant threat to the environment, or
(d) a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.

(4) An order ceases to have effect at the time specified or when a complaint concerning the licensee or manager of the premises is determined under this Act, whichever is the earlier.

(5) An order may not require the closure of premises for a period longer than the period prescribed by the regulations.

(6) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than that permitted under subsection (5).

(7) A licensee must comply with an order made under this section. Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.

(8) The regulations may make provision for or with respect to an application for an order under this section, including the procedure to be followed at or in connection with the hearing and determination of any such application.