Section 102 Liquor Act 2007 | Restricting Undesirable Promotion of Liquor

The Legislation

Section 102 of the Liquor Act 2007 (NSW) is concerned with Restricting Undesirable Promotion of Liquor and is set out below.

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102 Director-General may restrict or prohibit undesirable promotion of liquor

(1) The Director-General may, by notice in writing given to a licensee, restrict or prohibit the licensee carrying on, or being involved in, an activity that:
(a) promotes the sale or supply of liquor, and
(b) is specified or described in the notice.

(2) The Director-General may restrict or prohibit any such activity only if the Director-General is of the opinion that:
(a) the promotion is likely to have a special appeal to minors because of the use of designs, names, motifs or characters in the promotion that are, or are likely to be, attractive to minors or for any other reason, or
(b) the promotion is indecent or offensive, or
(c) the promotion involves the provision of liquor in non-standard measures or the use of emotive descriptions or advertising that encourages irresponsible drinking and is likely to result in intoxication, or
(d) the promotion involves the provision of free drinks, or extreme discounts or discounts of a limited duration, that creates an incentive for patrons to consume liquor more rapidly than they otherwise might, or
(e) the promotion otherwise encourages irresponsible, rapid or excessive consumption of liquor, or
(f) the restriction or prohibition is otherwise in the public interest.

(3) A licensee must comply with a notice given to the licensee under this section. Maximum penalty: 50 penalty units.

(4) The Director-General must not give a notice under this section unless the Director-General has issued publicly available guidelines that indicate the kinds of activities or promotions that the Director-General would consider being the subject of a notice under this section.