More Liquor Licensing Act 1997 Amendments proclaimed - temporary ‘dry zones’ affected

LG Leader December 2018

Another portion of the Liquor Licensing (Liquor Review) Amendment Act 2017 (“the Amending Act”) commenced on 24 September 2018.  (See here for a summary of the first round of amendments which were proclaimed earlier this year).

The majority of these latest amendments relate to increasing a number of expiation fees and fines for offences under the Act, creating new offences for persons not carrying adequate ID in licensed premises and creating new requirements for direct sales of liquor.

Importantly for councils, section 131 of the Act, which concerns what are commonly known as “dry zones” will also be amended. The effect of these new amendments being that councils will have the ability to, by way of notice published in the Gazette, to prohibit the consumption or possession (or both) of liquor in a public place or places within the council area and as specified in the notice for a period of up to 48 hours.  In order to have effect, the notice must be published at least 14 days before the period specified in the notice, and the relevant council must, within 7 days of the notice being published, provide a copy of the notice to the Commissioner of Police.  Notices can be varied or revoked through a subsequent Gazette notice by the Minister, the Licensing Commissioner or the Council.

These amendments allow councils to ‘short-cut’ the present temporary ‘dry zone’ process which requires the support of the Minister or the Commissioner.

We will continue to keep you updated as to the commencement of the balance of the Amendment Act.

For more information please contact Victoria Shute on   (08) 8113 7104 or at vshute@kelledyjones.com.au.