AUSTRALIAN CAPITAL TERRITORY

LIQUOR ORDINANCE 1968

EXPLANATORY MEMORANDUM

No. 22 of 1968

	The Liquor Ordinance 1968 amends the Liquor Ordinance 1929-1967 to the extent of removing therefrom anomalies relating to applications for alterations to licensed premises, the control of the availability of liquor, and the closure of bars outside trading hours.  It also eliminates administrative inconvenience experienced in the processing of applications for the renewal of licences, and allows persons who are not British subjects to apply for licences.  The Ordinance also includes a number of minor amendments.

	The amendments reduce procedures by enabling the Registrar appointed under the Liquor Ordinance to renew licences where the applications are unopposed by the Licensing Inspector or the public.  This will relieve the Licensing Magistrate from hearing applications which are in practice automatically granted.  The Registrar will publicise applications en bloc in a local paper instead of each applicant individually advertising his intention to renew the licence at his premises, in the Commonwealth Gazette, and in a local newspaper.  Applicants who are not British subjects must satisfy the Magistrate as to the adequacy of their knowledge and use of the English language.

	Anomalies existing under the present Ordinance are:

•	it is an offence to have bar doors open longer than fifteen minutes after closing time for any purpose;

•	a licensee, his family, staff or lodgers are not permitted to carry away liquor from licensed premises outside trading hours for their personal consumption; and,

•	a licensee is penalised for supplying liquor to a person against whom a prohibition order (forbidding him to obtain or consume liquor) has been issued, while the recipient is not.

	By the amendment:

•	bar doors may be opened, or remain open, outside trading hours for the cleaning and maintenance of bars and other lawful purposes;

•	licensees, their families, staff and lodgers may carry liquor from licensed premises during prohibited hours providing such liquor is used for their own consumption; and

•	in addition to the offence committed by the licensee, the person so prohibited will also be liable to a penalty if he goes to licensed premises to obtain or consume liquor or if he obtains or consumes liquor.

        P.N.
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(Minister’s Initials)