Section 149A of the Liquor Act 2007 (NSW) is concerned with General Defence Available to Managers and is set out below.
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The Legislation
149A General defence available to managers of club premises
(1) It is a sufficient defence to a prosecution of a manager of club premises for an offence under this Act or the regulations (including any offence for which the manager is liable because of section 91 or 149) if it is proved that:
(a) the manager had taken all reasonable precautions to avoid commission of the alleged offence, and
(b) at the time of the alleged offence the manager did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.
(2) However, subsection (1) does not apply in relation to any of the following offences:
(a) an offence under section 73 (1) (a) (permitting intoxication on licensed premises),
(b) an offence under section 75 (3) (failure to comply with direction by Director-General),
(c) any offence under this Act or the regulations in respect of which a defence is specifically available to the manager of club premises,
(d) any other offence under this Act or the regulations that is prescribed by the regulations for the purposes of this subsection.
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
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