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Section 104 Liquor Act 2007
Persons in Bar Areas Outside Trading Hours

Section 104 of the Liquor Act 2007 (NSW) is concerned with Persons in Bar Areas Outside Trading Hours 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

104 Person in bar area or certain other areas of hotel outside trading hours

(1) A person must not be in a bar area of a hotel, or any other part of the hotel in which liquor is sold or supplied to the public, at a time that is:
(a) later than 30 minutes after the commencement of any period on that day when the bar area, or other part of the hotel, is not authorised to be open for the sale of liquor, and
(b) earlier than the end of that period.
Maximum penalty: 5 penalty units.

(2) A person does not commit an offence under subsection (1) if the person was at the relevant time:
(a) an employee of the hotelier or a resident of the hotel, or
(b) present in the bar area or other part of the hotel for a lawful purpose.

(3) A police officer:
(a) may require a person who is in a bar area or other part of a hotel in contravention of subsection (1) to state the person’s name and address, and
(b) if the officer has reasonable cause to suspect that the name or address given is false–the officer may require the person to produce evidence of its correctness.

(4) If a person refuses or fails to comply with a requirement under subsection (3), the police officer may apprehend the person and, as soon as practicable, bring the person before an authorised officer to be dealt with according to law.

(5) If a person is in a bar area of a hotel or other part of a hotel in contravention of subsection (1), the hotelier is guilty of an offence unless:
(a) the person was in the area or part for a lawful purpose, or
(b) the hotelier took all reasonable care to prevent the person entering, or remaining in, the area or part for an unlawful purpose, or
(c) the hotelier took all reasonable care to ascertain, and believed, that the purpose for which the person had entered, and remained in, the hotel was a lawful purpose, or
(d) the person was, at the relevant time, an employee of the licensee or a resident of the hotel.
Maximum penalty: 20 penalty units.

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.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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