Section 144F Liquor Act 2007 | Penalties for 3 Strikes


Print
The Legislation

Section 144F of the Liquor Act 2007 (NSW) is concerned with Penalties for 3 Strikes and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers today on (02) 9261 8881.

144F 3 strikes–remedial action

(1) When 3 strikes are incurred in respect of a licence, the Authority must take action under this section for the purpose of preventing the commission of any further prescribed offences by a relevant person in relation to the licence.

(2) The Authority must also take action under this section for that purpose if the Authority becomes aware that a relevant person in relation to the licence committed a prescribed offence while 3 strikes were in force in respect of the licence.

(3) Licences other than club licences If the licence is a licence other than a club licence, the action that the Authority is to take is one or more of the following actions that the Authority considers to be reasonably necessary for the purpose of preventing the commission of any further prescribed offences by a relevant person in relation to the licence:
(a) suspend the licence for up to 12 months,
(b) cancel the licence and disqualify (for up to 12 months) any of the following persons from being granted a licence in respect of the premises to which the cancelled licence related (the “subject premises”):
(i) any person who was a business owner under the cancelled licence at the time the third strike was incurred,
(ii) any close associate of any such business owner,
(c) disqualify (permanently or for a specified period) any person who was the licensee or manager of the subject premises at the time the third strike was incurred from holding a licence in respect of, or managing, the subject premises or any other licensed premises,
(d) impose a condition on the licence, or any subsequent licence issued in respect of the subject premises, that a person who is disqualified under paragraph (c) must not be employed or otherwise engaged as an employee or agent of the licensee or manager of those premises,
(e) impose, vary or revoke any condition on the licence that is not inconsistent with this Act.

(4) Club licences If the licence is a club licence, the action that the Authority is to take is one or more of the following actions that the Authority considers to be reasonably necessary for the purpose of preventing the commission of any further prescribed offences by a relevant person in relation to the licence:
(a) disqualify (permanently or for a specified period) a person who held any of the following positions at the time the third strike was incurred from holding any of those positions:
(i) secretary of the club,
(ii) manager of any of the club’s premises,
(iii) member of the governing body of the club,
(b) disqualify (permanently or for a specified period) any such person from being the secretary of any other registered club, holding any licence or being appointed to manage any other licensed premises,
(c) appoint a person to administer the affairs of the club who, on appointment and until the Authority orders otherwise, has, to the exclusion of any other person or body of persons, the functions of the governing body of the club,
(d) impose a condition on the club licence that a person who is disqualified under paragraph (a) must not be employed or otherwise engaged as an employee or agent of the club or of the manager of any of the club’s premises,
(e) impose, vary or revoke any condition on the club licence that is not inconsistent with this Act.

(5) Nothing in this section limits the power of the Authority to impose, vary or revoke conditions under any other provision of this Act.

(6) The Authority may undo any remedial action taken under this section at any time.