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On 1 January 2012, the new Liquor Amendment (3 Strikes) Act
2011 (NSW) came into force. The purpose of the "3 Strikes
Act" is to prescribe a disciplinary scheme for licensees who
repeatedly commit offences under the Liquor Act 2007 (NSW).
Strike 1
If a licensee commits a prescribed offence, they will incur
their first strike. Prescribed Offences include but are not limited
to:
permitting intoxication on licensed premises;
permitting indecent, violent or quarrelsome conduct on licensed
premises;
selling or supplying alcohol to an intoxicated person or a
minor;
permitting the use or sale of substances which the licensee or
manager suspects are illicit drugs; or
selling or supplying alcohol outside of authorised trading
hours.
A strike 1 offence remains on the licensee's record for a
period of 3 years.
Strike 2
If, within the 3 year period from when a first strike is
incurred, a licensee commits a further Prescribed Offence, a second
strike is imposed on their record.
If a licensee has incurred 1 or 2 strikes, conditions can be
imposed on their licence in the discretion of the Director General
of the NSW Department of Trade and Investment, Regional
Infrastructure and Services (Director General).
Such conditions can include: prohibiting the use of glass at the
licensed premises and/or requiring the licensee to take part in
additional responsible service of alcohol training. The Director
General is also empowered to impose more stringent conditions
including restricting who can be a manager; implementing security
measures and lockouts at the licensed premises; or prohibiting the
types of alcohol sold from the licensed premises.
Strike 3
If a licensee commits a third Prescribed Offence, within 3 years
of the date of the first offence, the Independent Liquor and Gaming
Authority (previously the Casino, Liquor and Gaming Authority) is
required to take action by cancelling or suspending the
licensee's licence.
Owners of licensed premises and licensees should take note of
this new disciplinary regime and ensure that they and their staff
maintain the required qualifications and training to ensure
compliance with the Liquor Act 2007 (NSW).
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