Section 82 Liquor Act 2007 | Short Term Closure of Licensed Premises


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The Legislation

Section 82 of the Liquor Act 2007 (NSW) is concerned with Short Term Closure of Licensed Premises and is set out below.

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82 Short-term closure of licensed premises

(1) An authorised officer or the Authority may, by notice served on a licensee or a person apparently in charge of licensed premises, order the licensee to close the licensed premises from a time specified in the order until a later specified time.

(2) An authorised officer or the Authority may only make an order under this section:
(a) on the application of the Director-General or the Commissioner of Police, and
(b) only if the authorised officer or the Authority (as the case requires) is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the 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 may not require the closure of premises for a period longer than 72 hours.

(5) Subject to subsection (4), an order may require the closure of premises until specified conditions are met.

(6) A licensee must not fail to comply with an order made under this section. Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.

(7) More than one order closing the same premises may not be made under this section in any period of one week.