Liquor Licensing – “Three Strikes and You’re Out” legislation

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The Liquor Amendment (3 Strikes) Bill (2) 2011 was introduced into the New South
Wales Parliament on 18 October 2011.

The Bill seeks to implement the final form of the Government’s proposed “Three Strikes and You’re Out” policy for licensed venues. The effect of the scheme is that “strikes” can be imposed when a licensed venue is convicted (including payment of a penalty notice) of one of a range of the most serious offences under the Liquor Act. Under the scheme a first strike is automatically imposed upon conviction for a single offence. The strike remains active for three years from the date of the offence. A second and third strike is discretionary, and can be imposed upon conviction for further offences committed within three years of the first offence.

Venue size and capacity, changes of licensees and business practices, compliance and instant history and crime statistics will be taken into account when determining strikes and conditions.

A third strike can result in the imposition of licence conditions, licence suspension for up to 12 months, licence cancellation and a moratorium on a new liquor licence being granted  for the same business operators at the venue for up to 12 months, and or disqualification of a licensee for any period of time.

For a registered club a third strike can result in imposition of licence conditions, disqualification of a club secretary, dismissal of all of any of the Club Directors, and or the appointment of the Administrator to manage the club.

Further information may be obtained by contacting Tim Osborn of this office.

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