The Liquor Licensing Act 1990 aims to minimise harm arising from misuse of alcohol by ensuring that the supply of alcohol is carried out in a way that is in the best interests of the community. Failure by licensees and permit holders to meet obligations may be considered an offence under the Act and result in disciplinary action.
It is an offence to breach an obligation under the Act.
Types of disciplinary action
In addition to a number of offences and penalties that are enforceable by Tasmania Police, there are a number of actions the Commissioner for Licensing can take where a breach of an obligation has occurred.
The form of disciplinary action taken will depend on the seriousness of the non-compliance, ranging from a warning for minor breaches to the cancellation of a liquor licence or permit for severe breaches. Other forms
of disciplinary action include issuing fines, varying a liquor licence or permit (such as adding a condition), and
the suspension of a licence or permit for a specific period.
Where non-compliance continues, the Commissioner may issue further disciplinary measures.
Fines
Fines are decided by taking into account existing penalties within the Act, the level of responsibility a person
has, the action to which the penalty applies and the degree of harm that may arise from a person’s actions.
Licensee and permit holder disciplinary action
Many obligations are common to the operations of both licensees and permit holders, reflecting what a
reasonable person would expect of people involved in the sale of alcohol. Therefore, the Commissioner may
take the same disciplinary action against both a licensee and permit holder where relevant obligations are
breached.
Appealing the disciplinary action
Licensees and permit holders will be notified in writing when the Commissioner is considering taking disciplinary
action and the reasons. After receiving the notice, the licensee or permit holder has 14 days to make a written
response to the Commissioner explaining why the disciplinary action should not be taken.
The Commissioner will consider the response and may decide to take no further action. Where the
Commissioner decides to take action, a notice setting out the decision, including any disciplinary measures, will
be served on the licensee or permit holder.
The licensee or permit holder has a right to appeal the Commissioner’s decision to the Tasmanian Liquor and
Gaming Commission. An appeal needs to be lodged within 14 days of being notified of the decision or within
such further period as the Commission considers is appropriate in the interest of justice.
Start date of the disciplinary action
The notice will state the date on which the disciplinary action is to start, for example, the time period during
which a suspension is to be in place or the date by which a fine must be paid.
Even in the event that immediate disciplinary action takes place, for example, in response to serious
circumstances, the licensee or permit holder has a right to appeal (as noted in the previous section).
The Commissioner may remove or reduce a suspension at any time.