Section 73 Liquor Act 2007 | Duty to Prevent Excessive Alcohol Consumption


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Section 73 of the Liquor Act 2007 (NSW) is concerned with Duty to Prevent Excessive Alcohol Consumption 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.

The Legislation

73 Prevention of excessive consumption of alcohol on licensed premises

(1) A licensee must not permit:
(a) intoxication, or
(b) any indecent, violent or quarrelsome conduct, on the licensed premises. Maximum penalty: 100 penalty units.

(2) A licensee or an employee or agent of a licensee must not, on the licensed premises, sell or supply liquor to an intoxicated person. Maximum penalty: 100 penalty units.

(3) A person (other than a licensee or an employee or agent of a licensee) must not, on licensed premises, supply liquor to an intoxicated person. Maximum penalty: 10 penalty units.

(4) If an intoxicated person is on licensed premises, the licensee is taken to have permitted intoxication on the licensed premises unless the licensee proves:
(a) that the licensee, and the licensee’s employees or agents, took the steps set out in subsection (5) or all other reasonable steps to prevent intoxication on the licensed premises, or
(b) that the intoxicated person did not consume alcohol on the licensed premises.

(5) For the purposes of subsection (4) (a), the following are the relevant steps:
(a) asked the intoxicated person to leave the premises,
(b) contacted, or attempted to contact, a police officer for assistance in removing the person from the premises,
(c) refused to serve the person any alcohol after becoming aware that the person was intoxicated.

(6) In the application of this section to an on-premises licence that relates to a catering service, a reference to licensed premises does not include private domestic premises except for the purposes of subsection (2).

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