New South Wales Consolidated Acts
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LIQUOR ACT 2007 - SECT 84
Order by Authority for long-term closure of licensed premises
(1) The Authority may, on the application of the Secretary or the Commissioner
of Police, order a licensee to close the licensed premises from a time
specified in the order until a later specified time.
(2) The Authority may
not make an order under this section unless-- (a) the licensee or manager of
the licensed premises is the subject of an investigation by the Secretary
under section 138 or an investigation by the NSW Police Force, or the
licensed premises are the subject of a complaint under Division 3, or
disciplinary action under Part 9 has been (or is proposed to be) taken by the
Authority against the licensee or manager or a close associate of the
licensee, and
(b) the licensee has been given notice of the application for
closure of the licensed premises and has been given a reasonable opportunity
to make submissions to the Authority in relation to the application, and
(c)
the Authority is satisfied that a serious breach of this Act has occurred, or
is likely to occur, on the licensed premises and that the closure of the
premises is necessary to prevent or reduce a significant threat or risk to the
public interest.
(3) Without limiting the generality of subsection (2),
circumstances in which there may be a significant threat or risk to the public
interest include circumstances in which there is-- (a) a threat to public
health or safety, or
(b) a risk of substantial damage to property, or
(c) a
significant threat to the environment, or
(d) a risk of serious offences
(having a maximum penalty of not less than 2 years imprisonment) being
committed on the premises.
(4) An order ceases to have effect at the time
specified or when a complaint concerning the licensee or manager of the
premises is determined under this Act, whichever is the earlier.
(5) An order
may not require the closure of premises for a period longer than the period
prescribed by the regulations.
(6) An order may require the closure of
premises until specified conditions are met but must not require closure for a
period longer than that permitted under subsection (5).
(7) A licensee must
comply with an order made under this section. : Maximum penalty-- (a) for an
individual--50 penalty units or imprisonment for 6 months (or both), or
(b)
for a corporation--250 penalty units.
(8) The regulations may make provision
for or with respect to an application for an order under this section,
including the procedure to be followed at or in connection with the hearing
and determination of any such application.
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