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Section 101 Liquor Act 2007
Restricting Sale of Undesirable Liquor Products

Section 101 of the Liquor Act 2007 (NSW) is concerned with Restricting Sale of Undesirable Liquor Products 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

101 Director-General may restrict or prohibit sale or supply of undesirable liquor products

(1) The Director-General may, by notice in writing given to a licensee, restrict or prohibit the licensee selling or supplying a liquor product specified in the notice.

(2) The Director-General may restrict or prohibit the sale or supply of any such specified liquor product by notice under this section only if the Director-General is satisfied that:
(a) the name of the liquor product, or its design or packaging, is indecent or offensive, or
(b) the name of the liquor product, or its design or packaging, encourages irresponsible, rapid or excessive consumption of the product, or
(c) the name of the liquor product, or its design or packaging, is likely to be attractive to minors, or
(d) the liquor product is likely, for any reason, to be confused with soft drinks or confectionery, or
(e) the liquor product is, for any other reason, likely to have a special appeal to minors, or
(f) it is otherwise in the public interest to restrict or prohibit the licensee selling or supplying the liquor product.

(3) The Director-General must not give a notice under this section unless the Director-General is satisfied that:
(a) the liquor product is being sold on the licensed premises to which the proposed notice relates, and
(b) the premises are situated in an area or locality in respect of which there are significant concerns regarding intoxication or underage or irresponsible drinking.

(4) The Director-General must not give a notice under this section to a licensee unless the Director-General has:
(a) provided the licensee with a reasonable opportunity to make submissions in relation to the proposed restriction or prohibition, and
(b) taken any such submissions into consideration in deciding whether to give the notice.

(5) The regulations may prescribe other requirements that the Director-General must comply with in relation to a notice under this section.

(6) A notice under this section may, but need not, relate to a liquor product that is declared to be an undesirable liquor product under section 100.

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