Queensland Consolidated Acts

LIQUOR ACT 1992 - SECT 173

(1) Every occupier and every owner of unlicensed premises who permits or knowingly allows the sale of liquor on the premises in contravention of a provision of this division is taken to have sold the liquor and is liable to be punished as if the person had actually sold the liquor.

(2) An owner of unlicensed premises on which liquor is sold is taken to have knowingly allowed the sale of liquor on the premises if—

(a) during the 2 years before the sale, liquor has been sold on the premises on at least 3 other occasions; and

(b) someone has been convicted of an offence against this division relating to the sale on each of the other occasions; and

(c) the owner was owner of the premises when the offences to which the convictions relate were committed; and

(d) a copy of a certificate of each such conviction was given to the owner by personal service or by prepaid certified mail addressed to the owner—

(i) at the owner's place of residence last known to the complainant in the case in which the conviction was recorded; or

(ii) at the owner's place of residence shown in the records of the official responsible for keeping registers in relation to dealings in land.

(3) A conviction of the occupier of unlicensed premises for selling liquor on the premises is sufficient ground on which the owner of the premises may terminate the tenancy of the occupier by serving on the occupier a notice to quit the premises.

(4) If the occupier can not be found, a notice to quit required to terminate the tenancy may, without limiting the way by which to effect service, be served on the occupier by fixing a copy of the notice to a place on the premises where it can easily be read.

(5) An owner may exercise power under subsection (3) although the owner is not the landlord in respect of the occupier's tenancy.

(6) Termination of a tenancy under subsection (3) takes effect at the end of 7 days after the day on which notice to quit is served on the occupier.

(7) An owner who has terminated a tenancy under subsection (3)—

(a) is entitled, in legal proceedings by the owner against the occupier, to an order that the occupier quit the premises and deliver up possession to the landlord; and

(b) is entitled, under authority of such an order, to have the occupier evicted.