New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 144L

144L Authority may impose demerit points in relation to prescribed complaints

(1) After dealing with and determining a prescribed complaint under Part 9, the Authority may, in addition to taking any disciplinary action under that Part, decide to impose 1 or 2 demerit points against--

(a) if the complaint relates to a licensee--the licensee, or

(b) if the complaint relates to the manager of licensed premises other than club premises--the manager, or

(c) if the complaint relates to the licensee or manager of club premises--the licence for the club premises.

(2) In deciding whether to impose demerit points against the licensee, manager or licence, the Authority--

(a) must consider the following--

(i) the nature and seriousness of the grounds for the prescribed complaint,

(ii) the nature and seriousness of any outcome of the acts or circumstances forming the grounds for the prescribed complaint,

(iii) the size and patron capacity of the licensed premises and any impact those factors have on the ability of the licensee or manager to prevent or manage the acts or circumstances forming the grounds for the prescribed complaint,

(iv) any demerit points incurred against the licensee, manager or licence under Subdivision 1 for a demerit offence arising from the conduct or activity, circumstances, act, or incident on which the prescribed complaint is based,

(v) any disciplinary action taken under Part 9 by the Authority in relation to the prescribed complaint, and

(b) may take into account any other matter the Authority considers relevant.