South Australian Consolidated Acts

LIQUOR LICENSING ACT 1997 - SECT 119

119—Cause for disciplinary action

        (1)         There is proper cause for disciplinary action against a person to whom this Part applies—

            (a)         if the person has improperly obtained a licence or approval under this Act; or

            (b)         in relation to a business that is being or has been conducted under a licence—

                  (i)         if liquor has been sold or supplied contrary to this Act or without proper authority under this Act; or

                  (ii)         if there has been a breach of a condition of the licence; or

                  (iii)         if the licensed premises have been altered without the approval of the licensing authority; or

                  (iv)         if the licensed premises are or have been in disrepair or in an unsatisfactory condition; or

                  (v)         if the safety, health or welfare of persons resorting to the licensed premises is or has been endangered by neglect of the premises or neglect in the conduct, supervision or management of the business; or

                  (vi)         if a person has been convicted of unlawful gaming in respect of events occurring (wholly or partly) on the licensed premises; or

            (via)         if there has been a breach of a provision of this Act or the Gaming Machines Act 1992 relating to the prevention of a person from entering, or the removal of a person from, licensed premises; or

                  (vii)         if a contravention or failure to comply with an industrial award or enterprise agreement has occurred; or

                  (viii)         if the business has otherwise not been properly conducted, supervised or managed in accordance with this or any other Act; or

            (c)         if the person is or has been licensed or approved under this Act but is not a fit and proper person; or

            (d)         if the person has been guilty of—

                  (i)         a breach of this Act (which may be a breach by virtue of which this Part applies to the person); or

                  (ii)         a breach of a term or condition of a licence; or

                  (iii)         a breach of an order under this Act; or

                  (iv)         a breach of an undertaking under section 119A(1)(a); or

            (e)         if the person is or has been licensed or approved under this Act but it would be contrary to the public interest if the person were to be or continue to be licensed or approved.

        (2)         In determining whether there is proper cause for disciplinary action against a person who is or has been licensed or approved under this Act, regard may be had to such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the person or persons with whom the person associates (or has associated at any relevant time) as the Court considers relevant, including information that existed at the time the licence or approval was granted, regardless of whether that information was before or could have been brought before the licensing authority at that time.