15.09.09
NORFOLK
ISLAND
Liquor (Amendment) Bill 2009
________________________________________________________
A Bill
for
An Act to amend the Liquor Act 2005 to provide for the issue of importer packaged
liquor licences and related purposes.
BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows:
PART 1 — PRELIMINARY
Short title
1.
This Act may be cited as the Liquor (Amendment) Act 2009.
Commencement
2.
This Act commences on the day on which notification of its assent is
published in the Gazette.
Principal Act
3.
In this Act the Liquor Act 2005 is referred to as the principal Act.
Schedule
4.
The principal Act is amended as set out in the applicable items in the
Schedule.
SCHEDULE
ITEM
1.
AMENDMENTS
Section 14 – Inspectors of licensed premises
Repeal section 14 and substitute―
“Inspectors of licensed premises
14. (1)
In respect of licensed premises, other than premises in
respect of which an importer packaged liquor licence is granted―
(a) the police officer-in-charge shall be the chief inspector
of licensed premises, for the purpose of this Act; and
(b) the Chief Executive Officer may appoint other persons
to an be inspector of licensed premises.
(2)
In respect of licensed premises for which an importer
packaged liquor licence is granted the executive member may appoint a
person to be an inspector of such licensed premises.”.
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Liquor (Amendment)
2009
2.
Section 16 - Categories of licence
Omit paragraph 1(e), substitute―
“(e) BYO licence;
(f)
importer packaged liquor licence.”.
3.
Section 17 – Applications for licences
Following subsection (8), insert―
“(9) An applicant for an importer packaged liquor licence
must be an eligible applicant under Part 5A.”.
4.
Section 18 - Inspector’s report for application for licence
Following subsection (4), insert―
“(5) This section does not apply to an importer packaged
liquor licence.”.
5.
New section 18A
Following section 18, insert―
“Inspector of importer packaged liquor licence premises
18A. (1)
An inspector appointed under section 14(2) is required
and empowered to―
(a)
investigate and report in writing to the Registrar on
investigations into 
(i)
the character of applicants for;
(ii)
the fitness and capacity of applicants to hold;
(iii) the weight to be given to the value of the
testimonials accompanying applications for; and
(iv)
the eligibility and character of an applicant for
the transfer of an interest in,
an importer packaged liquor licence; and
(b)
deliver a report made under paragraph (a) to the
Registrar within 30 days of receiving notice of an
application for the issue or transfer of an interest in an
importer packaged liquor licence.
(2)
The Registrar shall, as soon as practicable after
receiving a report under paragraph 1(b), give a copy of the report to the
applicant.
(3)
An applicant may, within 7 days after receiving a copy
of the report, lodge with the Registrar a response to the report before
the Board considers the application.”.
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6.
Liquor (Amendment)
2009
New section 23A
Following section 23, insert―
“23A. Importer packaged liquor licence
(1)
Only 2 importer packaged liquor licences may be issued at
any one time.
(2)
An importer packaged liquor licence authorises the licensee
to―
(a)
import liquor into Norfolk Island;
(b)
supply liquor on the licensed premises in sealed containers,
bottles or cans, subject to any declaration under subsection
25(1), during the hours between 8:00 am and 6:00 pm for
consumption off the licensed premises; and
(c)
provide on the licensed premises liquor by way of sampling
or tasting without or at nominal cost, in such quantities and
in such part of the licensed premises as the executive
member may approve, to a person of or over the age of 18
years for consumption on the premises at any time between
11:00 am and 8:00 pm.
(3)
An importer packaged liquor licence is subject to—
(a)
a condition that the predominant activity carried on in the
area set aside as the licensed premises is the sale by retail of
liquor for consumption off the licensed premises; and
(b)
a condition that, following the period of 3 months after the
grant or transfer of the licence to the licensee, the area set
aside as the licensed premises is, at any time when it is open
for business, under the management or control of a person
who has completed a responsible service of alcohol
program approved by the executive member under
subsection (4); and
(c)
a condition that every person who has the management or
control of the area set aside as the licensed premises when it
is open for business must have completed, in the previous
financial year, a responsible service of alcohol program
approved by the executive member under subsection (4);
(d)
a condition that the licensee comply with the code of
conduct (if any) determined by the executive member under
subsection (5) as in force from time to time;
(e)
the terms and conditions provided in Part 5A; and
(f)
any other conditions determined by the executive member
and specified in the licence.
(4)
The executive member may, from time to time, approve
programs to be responsible service of alcohol programs for the
purposes of the licence condition referred to in subsection (3)(b) and
the licence condition referred to in subsection (3)(c).
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Liquor (Amendment)
2009
(5)
The executive member may, by notice published in the
Government Gazette, determine a code of conduct for licensees of
importer packaged liquor licences.
(6)
The executive member may, at any time by notice
published in the Gazette, vary or revoke the code of conduct under
subsection (5).
(7)
The executive member must not determine a code of
conduct, or vary or revoke it, until the executive member has consulted
importer packaged liquor licensees and the Board.
(8)
If—
(a)
the licensed premises under an importer packaged liquor
licence is located within premises used primarily as a
general store; and
(b)
the licensee is the owner of the general store business; and
(c)
the Board so determines and specifies in the licence—
the importer packaged liquor licence also authorises the licensee to
receive payment for liquor supplied on the licensed premises at
any checkout located in the general store if the person receiving
the payment is of or over the age of 18 years.
(9)
In this section—
“general store” means a supermarket, convenience store or mixed
business shop, used primarily for the retail sale of groceries or
associated household items.”.
7.
Section 26 – Applications for variation of licence
Omit paragraph 1(b), substitute―
“(b) the chief inspector; or
(c) in the case of an importer packaged liquor licence— an
inspector appointed under section 14(2).”.
8.
Section 27 – Chief inspector’s report for transfer of licence
Insert after “chief inspector” ―
“or in the case of an importer packaged liquor licence—an
inspector appointed under section 14(2)”.
9.
Section 30 – Application for variation by chief inspector
Insert after “chief inspector”, wherever occurring—
“or in the case of an importer packaged liquor licence— an
inspector appointed under section 14(2)
10.
Section 32 – Application for suspension or cancellation
Following subsection (4), insert―
“(5) This section does not apply to an importer packaged
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Liquor (Amendment)
2009
liquor licence.”.
11.
Section 34 – Application for disqualification of licensee or of
licenced premises
Following subsection (3), insert―
“(4) This section does not apply to an importer packaged
liquor licence.”.
12.
Section 38 – Right to lodge objection to applications for grant etc,
of licence
Insert after “inspector”, wherever occurring—
“or in the case of an importer packaged liquor licence— an
inspector appointed under section 14(2)”.
13.
Section 45 – Grant of licence–relevant considerations
Following subsection (5), insert―
“(5A) In addition to the requirements to be satisfied in
subsection 45(1), an applicant for an importer packaged liquor
licence must satisfy the Board that—
(a)
the applicant is an eligible applicant under Part 5A; and
(b)
the applicant and the proposed licensed premises satisfy the
conditions referred to in section 23A.”.
14.
Section 46 – Variation of licence–relevant considerations
Following subparagraph (1)(e), insert―
“;
(f)
in the case of an importer packaged liquor licence— the
applicant still meets the requirements in subsection 45(1)
and 45(5A), as if those subsections applied to this
subsection.”.
15.
Section 47 – Relocation of licence–relevant considerations
Following subparagraph (1)(e), delete “.”; and insert―
“;
(f)
in the case of an importer packaged liquor licence— the
applicant still meets the requirements in subsection 45(1)
and 45(5A), as if those subsections applied to this
subsection.”.
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Liquor (Amendment)
2009
16.
Section 48 – Grant of licence
In paragraphs (1)(a) and (1)(b) insert after “―”
“for licences other than importer packaged liquor licences,”.
17.
Section 50 – Transfer of licence–relevant considerations
Following subparagraph (1)(e), insert―
“(f) in the case of an importer packaged liquor licence— the
proposed transferee meets the requirements in subsection
45(1) and 45(5A), as if those subsections applied to this
subsection.”
18.
New Part 5A
Following section 62, insert—
“PART 5A – IMPORTER PACKAGED LIQUOR LICENCE
62A.
Allocation of eligible applicant status
(1)
In this section “licence” means “importer packaged liquor
licence”.
(2)
The executive member may allocate eligible applicant
status in accordance with the prescribed price-based allocation
procedures.
(3)
The prescribed price-based allocation procedures must
prescribe the procedures to be applied in allocating eligible applicant
status—
(a)
by auction; or
(b)
by tender; or
(c)
by allocation for a pre-determined price or a negotiated
price.
(4)
The procedures for allocation by auction may deal with any
of the following matters—
(a)
the types of auction;
(b)
advertising of auctions;
(c)
entry fees for prospective bidders;
(d)
reserve prices (if any);
(e)
deposits (if any) payable by successful bidders;
(f)
methods of payment by successful bidders.
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Liquor (Amendment)
2009
(5)
The procedures for allocation by tender may deal with any
of the following matters—
(a)
the types of tender;
(b)
advertising of tenders;
(c)
entry fees for prospective tenderers;
(d)
reserve prices (if any);
(e)
the method for resolving which of 2 or more equal tenders
is to be successful;
(f)
deposits (if any) payable by successful tenderers;
(g)
methods of payment by successful tenderers.
(6)
The procedures for allocation for a pre-determined or
negotiated price may deal with any of the following matters—
(a)
the way in which prices are to be determined or negotiated;
(b)
advertising of proposed allocations;
(c)
methods of payment by successful bidders.
(7)
The number of persons who may be allocated eligible
applicant status may not exceed the number of importer packaged
liquor licences that are able to be issued under subsection 23A(1).
62B. Fees and term of licence
(1)
The licensee of an importer packaged liquor licence shall
pay to the Administration a prescribed annual fee (if any) which must
be—
(a)
a fixed fee; or
(b)
a prescribed percentage of—
(i) the volume of liquor sold; or
(ii) the gross revenue from sales of liquor
during a prescribed prior period.
(2)
Regulations may provide that the annual fee if prescribed
under paragraph (1)(b) may be paid in advance by instalments and
adjusted at the end of the prescribed period.
(3)
An importer packaged liquor licence continues until it is—
(a)
cancelled for cause in accordance with section 62D; or
(b)
surrendered by the licensee.
62C.
(1)
(a)
(b)
(c)
General conditions of licence
A licensee must not engage in conduct relating to―
price-fixing; or
restriction of the persons—
(i) from whom liquor for sale may be imported or
otherwise purchased; or
(ii) to whom liquor may be sold; or
allocating customers, or suppliers.
Penalty: (a)
100 penalty units; and
(b)
cancellation of licence.
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Liquor (Amendment)
2009
(2)
In subsection (2) “engage in conduct” has the same
meaning as in subsection 3(3) of the Fair Trading Act 1995.
(3)
The executive member may impose conditions on a licence
that are in addition to but not in substitution for any conditions
imposed by this Act or the Regulations.
62D.
(1)
licence”.
(2)
section.
(3)
(a)
Cancellation of licences
In this section “licence” means “importer packaged liquor
A licence may be cancelled only in accordance with this
the grounds upon which a licence may be cancelled are—
order of the Court following conviction for a breach of a
provision of this Act for which cancellation of licence is a
prescribed penalty;
(b)
a serious or persistent breach of the Act or the Regulations,
(c)
a serious or persistent breach of the Code of Conduct
established under subsection 23A(5);
(d)
a breach of a condition of the licence stated in the licence to
be a condition breach of which will lead to licence
cancellation;
(e)
a serious or persistent breach of a condition or conditions of
the licence being a condition other than one referred to in
paragraph (d).
(4)
For the purposes of subsection (3)—
(a)
a serious breach is a breach that is incapable of being
rectified or has led to prosecution of the licensee and the
recording of a conviction; and
(b)
a persistent breach is one where the licensee has committed
two or more breaches within a period of 24 months and the
executive member has issued to the licensee a notice of the
breach requiring that it be rectified and notifying the
licensee that one or more further breaches may lead to the
licence being cancelled.
(5)
The executive member may cancel a licence under the
provisions of paragraphs (3)(b),(c), (d) or (e) but before doing so must
give the licensee notice that he or she intends to cancel the licence.
(6)
A notice given under subsection (5) must—
(a)
state the grounds upon which the executive member relies
to cancel the licence;
(b)
provides the licensee with not less than 21 days within
which to—
(i) provide the executive member with a written response
to the grounds stated in the notice; and
(ii) a written statement of any reasons why the licensee
believes the executive member should exercise his or
her discretion not to cancel the licence.
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Liquor (Amendment)
2009
(7)
After the expiration of the notice period under subsection
(6) the executive member, after consideration of any matters put to him
or her by the licensee, must determine whether or not to cancel the
licence and —
(a)
if the licence is to be cancelled—notify the licensee
forthwith and publish notice of the cancellation in the
Gazette; or
(b)
if the licence is not to be cancelled—notify the licensee
forthwith and stating in the notice any conditions to be
attached to the licence,
and in either case must give to the licensee his or her reasons for so
doing.
(8)
Application may be made to the Administrative Review
Tribunal for review of a decision of the executive member under
subsection (7) and for the purposes of section 16 of the Administrative
Review Tribunal Act 1996, the following are persons whose interests
are affected by the decision—
(a)
the licensee; and
(b)
the Administration.
62E. Nominees, death, incapacity and insolvency of licensees
(1)
The provisions of Part 5 apply mutatis mutandis to this Part
with the following exceptions—
(a)
a reference to the Board is reference to the executive
member;
(b)
a reference to the Registrar is reference to the executive
member;
(c)
a reference to the chief inspector is reference to the
inspector appointed under subsection 14(2);
(d)
reference in section 56 to―
(i) 14 days, is to 21 days;
(ii) 3 days, is to 7 days; and
(iii) 7 days, is to 14 days.
62F. Restrictions on interests in importer packaged liquor
licences
(1)
A person must not have an interest, directly or indirectly
in more than one importer packaged liquor licence.
Penalty: (a)
100 penalty units;
(b)
cancellation of the licence; and
(c)
disqualification from holding any licence under
this Act for a period of 5 years.
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(2)
For the purpose of subsection (1) an indirect interest
includes―
(a) an interest held for or on behalf of a person whether as trustee
licensee, lesee or otherwise; and
(b) an interest held by a person who is an associate person of a
licensee.
(3)
In this section, “associated person” means—
(a) where that person is a natural person,
(i) a spouse, former spouse, de facto spouse or domestic
partner of either sex, parent, grandparent, child, sibling, or
cousin to the third degree; or
(ii) a partner, whether or not the partnership is evidenced by a
formal agreement;
(b) where that person is a company registered in Norfolk Island or
elsewhere, a company that is related to that person as a holding
company or as a subsidiary and includes all companies that are
holding companies or subsidiaries of any company that is so
related to that person.”.
19.
Section 68 – Allowing minors on licensed premises
Omit paragraph 1(b), substitute―
“(b) a resident of those premises, in the case of a licence under
which accommodation is provided; or
(c) in the case of an importer packaged liquor licence— in
the company of a responsible adult.”.
20.
Section 75 – Importation of liquor prohibited
Following paragraph (a), insert―
“(aa) as permitted under an importer packaged liquor licence; or”.
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21.
Liquor (Amendment)
2009
Section 99 – Regulations
Following paragraph 99(1)(c), insert―
“;
(d)
prescribing ―
(i)
price-based allocation procedures for allocating eligible
applicant status;
(ii)
conditions applicable to applications for an importer
packaged liquor licence;
(iii) conditions applying to importer packaged liquor licence;
(iv)
annual fees for importer packaged liquor licences based
upon the value of liquor sales or the quantity of liquor sales
or a combination (including the adjustment of fees where
paid in advance).”.