Section 144E Liquor Act 2007 | Penalties for 1 or 2 Strikes


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The Legislation

Section 144E of the Liquor Act 2007 (NSW) is concerned with Penalties for 1 or 2 Strikes and is set out below.

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144E 1 or 2 strikes–remedial action

(1) The Director-General may, if 1 or 2 strikes are in force in respect of a licence, impose conditions on the licence relating to any one or more of the following:
(a) the use of plans of management and incident registers in respect of the licensed premises,
(b) the prohibition of the use of glass or other breakable containers on the licensed premises,
(c) the engagement of persons to promote the responsible service of alcohol at the licensed premises,
(d) the notification of persons, by the licensee, that the strike has been incurred,
(e) in the case of a club licence–requiring members of the governing body of the club to undergo training,
(f) any other matter that may be prescribed by the regulations.

(2) The Director-General may, if 2 strikes are in force in respect of a licence, impose conditions on the licence relating to any one or more of the following:
(a) the persons who may be appointed as a manager of the licensed premises,
(b) the implementation of security measures in respect of the licensed premises,
(c) the prohibition of the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both),
(d) the prohibition of patrons entering the licensed premises at certain times,
(e) the prohibition of the sale or supply of certain types of liquor on the licensed premises (including liquor with a high alcohol content or liquor that is intended to be consumed rapidly such as a shot),
(f) the prohibition of certain types of entertainment on the licensed premises,
(g) any other matter that may be prescribed by the regulations.

(3) The Director-General may vary or revoke a condition imposed under this section at any time.

(4) The Director-General is not to impose or vary a condition under this section in respect of a licence unless the Director-General is satisfied that the condition (or condition as varied) is a reasonable response to the behaviour that led to any of the strikes being incurred in respect of the licence.

(5) A condition imposed under this section remains in force until revoked by the Director-General.

(6) Nothing in this section limits the power of the Director-General to impose, vary or revoke conditions under any other provision of this Act.