Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if an investigator believes on reasonable grounds that—
(a) noise coming from licensed premises or a utility area for licensed premises is—
(i) an unreasonable noise; or
(ii) in contravention of an order under section 46; or
(b) because of activity in or near the licensed premises, there is a danger to persons or property that is likely to be aggravated by the continued supply of liquor in the locality.
(1A) However, this section does not apply if the noise is from amplified music played at licensed premises—
(a) in a special entertainment precinct established by a local government under the Local Government Act 2009; and
(b) for which the local government has issued a licence, permit or other authority under the local law made by the local government under the Local Government Act 2009, including licence, permit or other authority that has expired or been revoked or cancelled by the local government.
(2) The investigator may give written notice to the licensee, permittee, or person who appears to be in charge of the premises, requiring that—
(a) the noise stop or be reduced to, and kept at, a level so that it is no longer an unreasonable noise; or
(b) the premises be closed immediately.
(2A) In deciding whether to give a written notice under subsection (2), the investigator must have regard to the following—
(a) the order of occupancy between the licensee or permittee and any complainant;
(b) any changes in the licensed premises and the premises occupied by any complainant, including, for example, structural changes to the premises;
(c) any changes in the activities conducted on the licensed premises over a period of time.
(3) If the notice is contravened, the investigator may take all steps necessary and reasonable to ensure compliance, or continued compliance, with the notice.
(4) A person who contravenes a requisition under subsection (2) commits an offence.
Maximum penalty—25 penalty units.
(5) In this section—
licensed premises includes premises to which a restricted liquor permit relates.
unreasonable noise means noise that exceeds limits prescribed under a regulation.
utility area, for licensed premises, includes an area containing plant or equipment that is not part of the licensed premises, but is used for the benefit of the licensed premises.
Example—
An area containing an airconditioning plant for licensed premises may be a utility area.