New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 79

79 Making of complaint

(1) A person may complain to the Secretary that the quiet and good order of the neighbourhood of licensed premises are being unduly disturbed because of--

(a) the manner in which the business of the licensed premises is conducted, or

(b) the behaviour of persons after they leave the licensed premises (including, but not limited to, the incidence of anti-social behaviour or alcohol-related violence).

(2) Such a complaint must be in writing and be made or verified by statutory declaration.

(3) A complaint under this section may only be made by any of the following persons (referred to in this Division as
"the complainant" )--

(a) a person authorised in writing by 3 or more persons residing in the neighbourhood of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents,

(b) the Commissioner of Police,

(c) a person authorised by the local consent authority in relation to the licensed premises,

(d) a person who satisfies the Secretary that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person's complaint relates.

(4) A complaint may relate to more than one licensed premises.

(5) In the application of this Division to an on-premises licence that relates to a catering service--

(a) a reference to licensed premises does not include private domestic premises, and

(b) a reference to the business of the licensed premises is a reference to the business of providing catering services on licensed premises (other than private domestic premises) under the licence.

(6) This section does not apply to a complaint if--

(a) it is a complaint of a type prescribed by the regulations, and

(b) the local consent authority for the licensed premises has--

(i) a local plan to deal with complaints of that type, and

(ii) has, by written notice given to the Secretary, notified the Secretary that it will be dealing with complaints of that type.