Compliance and enforcement - liquor licences
Liquor licence holders must stay well informed and keep themselves up to date with liquor regulations in South Australia.
An inspector from Consumer and Business Services (CBS) may visit your licensed venue at any time to ensure you are meeting all your responsibilities. Compliance officers and inspectors must produce their identification badges on request.
Disciplinary action by the Liquor and Gambling Commissioner
The commissioner can hold an inquiry to determine whether to take disciplinary action against a licensee if they:
- have been convicted of or expiated an offence in relation to the sale of liquor to minors or an intoxicated person
- have previously been convicted or expiated for the same offence and has been convicted of at least one other offence in the past 5 years.
The commissioner must give the licensee at least 21 days' written notice of an inquiry and give them a reasonable opportunity to:
- call and give evidence
- examine and cross examine witnesses
- make submissions.
If a party does not attend the inquiry, the commissioner may proceed to hear and determine the matter in their absence. The commissioner may also suspend the licence pending determination of the disciplinary proceedings.
Types of disciplinary action
Following an inquiry there may be cause for disciplinary action. The commissioner has the power to do one or more of the following:
- suspend the licence
- impose a condition on the licence
- vary, suspend or revoke a condition of the licence (other than mandatory conditions).
Disciplinary action by the Licensing Court
A complaint can be made to the Licensing Court by:
- the Liquor and Gambling Commissioner
- the Commissioner of Police
- by a council under certain grounds.
Grounds for disciplinary action
Grounds for disciplinary action include:
- the person has improperly obtained a licence or approval
- liquor has been sold or supplied unlawfully or without proper authority
- the licensed premises have been altered without the approval of the licensing authority
- the licensed premises are or have been in disrepair or in an unsatisfactory condition
- 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
- a person has been convicted of unlawful gaming in respect of events occurring (wholly or partly) on the licensed premises
- a contravention or failure to comply with an industrial award or enterprise agreement has occurred
- the business has otherwise not been properly conducted, supervised or managed
- there has been a breach of a condition of the licence
- the person is or has been licensed or approved by the Licensing Authority but is not a fit and proper person
- the person has been guilty of:
- a breach of the Act
- a breach of a term or condition of a licence
- a breach of an order under the Act
- a breach of an undertaking.
Disciplinary action may be lodged against:
- a person who is or has been licensed or approved
- a person who has sold liquor without a licence
- a person who occupies or has occupied a position of authority in a licensed entity or an entity that has sold liquor without a licence
- a person who supervises or manages or has supervised or managed a business where liquor has been sold without a licence
- an unlicensed person who has entered into an arrangement with a licensee not allowed under the Act
- a lessor of licensed premises.
If the Licensing Court is satisfied that there is cause for taking disciplinary action it may:
- add to or alter the conditions of the licence
- suspend or revoke the licence or approval
- reprimand the person
- impose a fine
- disqualify the person from being licensed or approved.