South Australia
Liquor Licensing (General) Regulations 1997
under the Liquor Licensing Act 1997

Contents
Part 1—Preliminary
1	Short title
3	Regulations under Liquor Licensing Act 1985
4	Interpretation
Part 2—Definitions
5	Definition of entertainment
6	Definition of liquor
7	Definition of regulated premises
Part 3—Licences
8	Cases where licence is not required
9	Mandatory conditions—code of practice
Part 4—Applications and objections
10	Plans to accompany applications
11	Time limitation for application for limited licence
12	Fees to accompany applications
13	Requirements relating to advertising of applications
14	Order for determining applications
15	Form of notice of objection
Part 5—Fees
16	Annual fees
17	Waiver, reduction or refund of fees
Part 6—Conduct of licensed business
18	Record of lodgers
Part 7—Minors
19	Notices relating to minors
20	Classes of minors allowed in certain licensed premises
21	Evidence of age
21A	Procedures relating to removal of minors from licensed premises
Part 8—Enforcement
21B	Procedures relating to prevention of persons from entering or removal of persons from licensed premises
22	Barring orders
Schedule A1—Areas surrounding AAMI Stadium declared not to be regulated premises
Schedule 1—Application fees
Schedule 1AA—Licence fees, annual fees and default penalties
Schedule 1A—Procedures for prevention of persons from entering, and removal of persons from, licensed premises
Schedule 2—Forms
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Liquor Licensing (General) Regulations 1997.
3—Regulations under Liquor Licensing Act 1985
	(3)	The Liquor Licensing (Long Term Dry Areas) Regulations 1997 (see Gazette 26.6.1997 p3102), as varied, were made under section 132 of the repealed Liquor Licensing Act 1985. Section 131 of the Liquor Licensing Act 1997 provides power to make regulations to the same effect. Under section 11 of the Acts Interpretation Act 1915, the regulations remain in force as if the Liquor Licensing Act 1997 had been in force when they were made and they had then been made in pursuance of that Act.
4—Interpretation
In these regulations—
Act means the Liquor Licensing Act 1997;
alcohol based food essence means a food flavouring preparation—
	(a)	that at 20° Celsius contains more than 1.15% alcohol by volume; and
	(b)	that is packaged—
	(i)	in the case of vanilla essence—in a container of more than 100 millilitres capacity;
	(ii)	in any other case—in a container of more than 50 millilitres capacity;
alcoholic ice confection means a preparation—
	(a)	that at 20° Celsius is a liquid that contains more than 1.15% alcohol by volume; and
	(b)	that is intended for human consumption in a frozen or partially frozen state;
duty free shop means a shop or store the subject of a warehouse licence issued under the Customs Act 1901 of the Commonwealth;
low alcohol liquor means—
	(a)	beer that at 20° Celsius contains not more than 3.5% alcohol by volume;
	(b)	wine that at 20° Celsius contains not more than 6.5% alcohol by volume.

Part 2—Definitions
5—Definition of entertainment
For the purposes of paragraph (b) of the definition of entertainment in section 4 of the Act, entertainment includes a visual display but not if provided by means of a television screen the dimensions of which do not exceed 2 metres by 2 metres.
6—Definition of liquor
For the purposes of the definition of liquor in section 4 of the Act, alcohol based food essence and alcoholic ice confection are declared to be liquor for the purposes of the Act.
7—Definition of regulated premises
For the purposes of the definition of regulated premises in section 4 of the Act, the areas surrounding AAMI Stadium in West Lakes shown as the hatched areas on the plan in Schedule A1 are declared not to be regulated premises.

Part 3—Licences
8—Cases where licence is not required
	(1)	For the purposes of section 30(c) of the Act, a course of instruction or training of which the tasting, sampling or use of liquor is an essential part held by any of the following institutions is an approved course for the purposes of section 30:
	(a)	Workers Educational Association of S.A. Inc.;
	(b)	Australian Hotels' Association (S.A. Branch);
	(c)	Licensed Clubs Association Inc.;
	(d)	South Australian Restaurant Association Inc.;
	(e)	S.A. Tourism and Hospitality Industry Training Council Incorporated;
	(f)	South Australian Wine and Brandy Industry Association Inc.;
	(g)	Australian Liquor, Hospitality and Miscellaneous Workers Union (S.A. Branch);
	(h)	Hotel Motel and Accommodation Association of South Australia Inc.;
	(i)	a tertiary educational institution.
	(2)	For the purposes of section 30(h) of the Act, the sale of liquor is exempted from the application of the Act in each of the following cases:
	(a)	the sale of liquor to a person—
	(i)	who proposes to travel outside Australia and to take the liquor with him or her when he or she does so; and
	(ii)	who purchases the liquor in a duty free shop;
	(b)	the sale of liquor to the operator of a duty free shop for the purposes of resale in that shop;
	(c)	the sale of liquor at cottage or bed-and breakfast style accommodation at premises with accommodation for a maximum of 8 persons if—
	(i)	the supply of liquor is complimentary; and
	(ii)	the liquor is supplied to a person of or above the age of 18 years accommodated at the premises; and
	(iii)	the liquor has been purchased from the holder of a producer's licence at the producer's premises in the vicinity of the premises; and
	(iv)	—
	(A)	the supply of liquor is ancillary to the provision of the accommodation, the liquor is delivered to the person at that part of the premises where the person is accommodated and the volume of liquor supplied does not exceed 2 litres per accommodation booking; or
	(B)	the supply of liquor is ancillary to a meal hosted by the operator of the premises and the volume of liquor supplied does not exceed 1 litre per person; or
	(C)	the supply of liquor is ancillary to the supply of a picnic basket and the volume of liquor supplied does not exceed 1 litre per person who may reasonably be expected to consume the contents of the picnic basket;
	(d)	the sale of liquor in the course of the business of selling flowers or confectionery or other food to be delivered as a gift to a person other than the purchaser if—
	(i)	the liquor is delivered by the vendor, together with the flowers or confectionary or other food, directly to the donee of the gift (or to another person of or above the age of 18 years) at a place other than the premises at which the business is conducted; and
	(ii)	the liquor has been purchased by the person conducting the business from the holder of a hotel licence, retail liquor merchant's licence, producer's licence or special circumstances licence; and
	(iii)	the volume of liquor supplied in respect of each sale does not exceed 2 litres; and
	(iv)	both the purchaser and the donee of the gift are of or above the age of 18 years;
	(e)	the sale of an alcohol based food essence if—
	(i)	the sale is by wholesale; or
	(ii)	the sale is made door-to-door to a person of or above the age of 18 years;
	(f)	the sale of liquor comprised of goods listed or registered in the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 of the Commonwealth;
	(g)	the sale of liquor at a hospital, nursing home or other institution the purpose of which is to care for sick or elderly patients for consumption at the hospital, nursing home or other institution by patients of the hospital, nursing home or other institution;
	(h)	the sale of liquor by a ship's provedore to the master of the ship for supply as an allowance to a member of the ship's crew;
	(i)	the sale of liquor within South Australia by the operator of an aircraft to a passenger on the aircraft in the course of a flight (other than a flight that both begins and ends in South Australia) for consumption during that flight;
	(j)	the sale of wine by or on behalf of Birdwood High School, Blackfriars Priory School, Clare High School, Gladstone High School, Hamilton Secondary College, Lucindale Area School, Nuriootpa High School, Oakbank Area School, Renmark High School, Riverton & District High School, Streaky Bay Area School, Urrbrae Agricultural High School or Willunga High School if—
	(i)	the wine is produced as part of a course in viticulture or winemaking offered by the school or college and sold as part of, or for the purposes of, that course; and
	(ii)	the sale is made by and to a person of or above the age of 18 years;
	(k)	the sale of wine by or on behalf of Roma Mitchell Secondary College, Valley View Secondary School or Windsor Gardens Vocational College (the exempt schools) if—
	(i)	the wine is produced as part of a course in winemaking offered by Roma Mitchell Secondary College and sold by or on behalf of an exempt school that contributes as part of its curriculum to the production, promotion or sale of the wine; and
	(ii)	the sale is made by and to a person of or above the age of 18 years.
9—Mandatory conditions—code of practice
	(1)	For the purposes of section 42 of the Act, the code of practice entitled Code of Practice under section 42 Liquor Licensing Act 1997 (September 1997) published by the Commissioner with the approval of the Minister is approved.
	(2)	The Commissioner must ensure that—
	(a)	a copy of the code of practice is available free of charge to each licensee; and
	(b)	a copy of the code of practice is available for inspection by members of the public free of charge during normal business hours at the office of the Commissioner; and
	(c)	copies of the code of practice are made available for purchase or by other means.

Part 4—Applications and objections
10—Plans to accompany applications
	(1)	For the purposes of section 51(1)(b) of the Act—
	(a)	an application to a licensing authority for a licence (not being a limited licence) or for removal of such a licence must be accompanied by plans of the premises in respect of which the licence is sought;
	(b)	an application to a licensing authority for approval of an alteration or proposed alteration to the licensed premises must be accompanied by plans of the alterations;
	(c)	an application to a licensing authority for redefinition of licensed premises must be accompanied by plans of the redefinition;
	(d)	an application to a licensing authority for designation of a part of licensed premises as a dining area or a reception area must be accompanied by plans of the areas;
	(e)	an application to a licensing authority for an authorisation to sell liquor in an area adjacent to the licensed premises must be accompanied by plans of the adjacent area.
	(2)	In each case, the plans must, subject to subregulation (3), comply with the following requirements:
	(a)	the plans must be on paper of dimensions not larger than international size A1 paper and not smaller than international size A3 paper;
	(b)	the plans must indicate the scale to which they are drawn;
	(c)	the plans must include floor plans and site plans reasonably required for proper consideration of the application;
	(d)	the plans must be signed by the applicant;
	(e)	the plans must, if the licensing authority so requires, be certified by a registered architect or a registered surveyor.
	(3)	The Commissioner may authorise plans to be submitted by electronic means and to be endorsed by the applicant by some means other than signature.
	(4)	For the purposes of section 51(1)(b) of the Act, an application to a licensing authority for a limited licence must, if the licensing authority so requires, be accompanied by plans (complying with the requirements of the licensing authority) of the premises in which the sale or consumption of liquor is to be authorised by the licence.
11—Time limitation for application for limited licence
For the purposes of section 51(1)(c) of the Act, an application for a limited licence must be made—
	(a)	if the special occasion or series of special occasions in respect of which the licence is sought will extend over more than 3 days—at least 60 days before the commencement of the occasion or the first occasion in the series;
	(b)	in any other case—at least 14 days before the commencement of the special occasion or the first special occasion in the series of special occasions in respect of which the licence is sought.
12—Fees to accompany applications
For the purposes of section 51(1)(d) of the Act, Schedule 1 fixes the fees to accompany applications to a licensing authority.
13—Requirements relating to advertising of applications
	(1)	For the purposes of section 52(2)(b) of the Act, the required advertisement must be in the appropriate form set out in Schedule 2.
	(2)	For the purposes of section 52(2)(c) of the Act, the required notice—
	(a)	must be in the appropriate form set out in Schedule 2; and
	(b)	must be on paper of dimensions not smaller than international size A2 paper.
14—Order for determining applications
	(1)	For the purposes of section 54 of the Act, applications for new licences must, subject to subregulation (2), be determined in the order in which they are received by the licensing authority.
	(2)	A licensing authority may, if satisfied that special circumstances justify it doing so, hear and determine particular applications together regardless of the order in which they were received.
15—Form of notice of objection
For the purposes of section 77(1) of the Act, a notice of objection to an application must be in the appropriate form set out in Schedule 2.

Part 5—Fees
16—Annual fees
	(1)	For the purposes of section 50A of the Act and subject to this regulation, the annual fee for a licence is payable on or before 30 June in each year and is payable in advance in respect of the following financial year (that is, the 12 months commencing on 1 July and ending on the following 30 June).
	(2)	If, on 30 June in a year, a licence is suspended (other than for disciplinary reasons), the annual fee for the licence is not payable on or before that day in that year, but, if the licence ceases to be suspended during the following financial year, the annual fee for the licence in respect of that financial year is payable on or before the day that is 28 days after the day on which the licence ceases to be suspended.
	(3)	The annual fee payable under subregulation (2) is to be adjusted on a pro rata basis by applying the proportion that the number of months from the cessation of the suspension until the next 30 June bears to 12 (with part of a month being counted as a whole month).
	(4)	However, the following applies in respect of the 2012/2013 financial year:
	(a)	if, on 30 June 2012, a licence was not suspended or was suspended for disciplinary reasons, the annual fee for the licence is payable on or before 31 December 2012;
	(b)	if, on 30 June 2012, a licence was suspended (other than for disciplinary reasons) but the licence ceases to be suspended at any time on or before 31 December 2012, the annual fee for the licence is payable on or before 31 December 2012;
	(c)	if, on 30 June 2012, a licence was suspended (other than for disciplinary reasons) and the licence remains suspended for the whole of the period from 1 July 2012 to 31 December 2012, the annual fee for the licence is not payable on or before 31 December 2012, but, if the licence ceases to be suspended at any time before the end of the 2012/2013 financial year, the annual fee for the licence is payable on or before the day that is 28 days after the day on which the licence ceases to be suspended;
	(d)	the annual fee payable under paragraph (b) or (c) is to be adjusted on a pro rata basis by applying the proportion that the number of months from the cessation of the suspension until the next 30 June bears to 12 (with part of a month being counted as a whole month).
	(5)	Despite Schedule 1, no fee is payable for an application for a variation of trading hours or the imposition, variation or revocation of a licence condition so as to reduce the trading hours or reduce the capacity of the licensed premises contemplated by the licence and effect a reduction in the annual fee for the licence.
17—Waiver, reduction or refund of fees
The Commissioner may, in his or her absolute discretion, waive, reduce or refund fees in exceptional circumstances that, in the opinion of the Commissioner, warrant the exercise of the discretion.

Part 6—Conduct of licensed business
18—Record of lodgers
For the purposes of section 101(2)(c) of the Act, the record kept under that section must include the following information in respect of each lodger:
	(a)	the date on which the lodger took up lodgings; and
	(b)	by means of a number or other unambiguous description, the room assigned to the lodger.

Part 7—Minors
19—Notices relating to minors
For the purposes of sections 111(2), 112(5) and 113(1) of the Act, each of the notices required by those sections—
	(a)	must be in the appropriate form set out in Schedule 2; and
	(b)	must be printed—
	(i)	in bold faced letters of a height of at least 10 millimetres; and
	(ii)	in a colour or colours contrasting with the background; and
	(iii)	on paper of dimensions not smaller than international size A3 paper.
20—Classes of minors allowed in certain licensed premises
For the purposes of section 112(6) of the Act, the following classes of minors are exempt from the ambit of section 112:
	(a)	minors who—
	(i)	are at least 16 years of age; and
	(ii)	are engaged in providing entertainment of a kind that does not involve any person being nude, partially nude or in transparent clothing;
	(b)	minors who—
	(i)	are at least 16 years of age; and
	(ii)	are engaged in performing duties as employees of the licensee.
21—Evidence of age
For the purposes of section 115(1) of the Act, a prescribed person may require a suspected minor to produce evidence as follows:
	(a)	a current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory; or
	(b)	a current photographic Proof of Age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory; or
	(c)	a current passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person and enabling the age of the person to be determined; or
	(d)	a current photographic Keypass identification card issued by Alfa Omega Nominees Pty Ltd, trading as Commonwealth Key and Property Register.
21A—Procedures relating to removal of minors from licensed premises
For the purposes of section 137B(2) of the Act, the procedures set out in Schedule 1A in relation to removal of persons from licensed premises are prescribed as procedures to be observed by authorised persons in or in connection with the removal of minors from licensed premises or a part of licensed premises.

Part 8—Enforcement
21B—Procedures relating to prevention of persons from entering or removal of persons from licensed premises
For the purposes of section 137B(1) of the Act, the procedures set out in Schedule 1A in relation to prevention of persons from entering, and removal of persons from, licensed premises are prescribed as procedures to be observed by authorised persons in or in connection with the prevention of persons from entering, or the removal of persons from, licensed premises or a part of licensed premises.
22—Barring orders
	(1)	For the purposes of section 126 of the Act, an order barring a person from licensed premises under Part 9 Division 3 Subdivision 2 of the Act (a licensee barring order) must—
	(a)	specify the name of the person to be barred under the licensee barring order; and
	(b)	if known, specify the address of the person to be barred; and
	(c)	specify the name and address of the licensed premises from which the person is to be barred; and
	(d)	specify the period for which the person is to be barred, including the times at which the period commences and ends; and
	(e)	contain a brief description of the grounds on which the person is to be barred; and
	(f)	include a statement warning the person that it is an offence if the person enters or remains on premises from which the person is barred during the period specified in the licensee barring order; and
	(g)	include information about the circumstances in which a licensee barring order may be reviewed under section 128 of the Act; and
	(h)	be signed and dated by the licensee or responsible person issuing the licensee barring order.
	(2)	For the purposes of section 126 of the Act, an order revoking a licensee barring order (a licensee revocation order) must—
	(a)	specify the name of the person barred under the licensee barring order and, if known, the person's address; and
	(b)	specify the date on which the licensee barring order was issued; and
	(c)	specify the name and address of the licensed premises from which, and the period for which, the person is barred under the licensee barring order; and
	(d)	contain a statement to the effect that the licensee barring order is revoked; and
	(e)	be signed and dated by the licensee or responsible person issuing the licensee revocation order.
	(3)	For the purposes of section 126 of the Act, an order barring a person from licensed premises under Part 9 Division 3 Subdivision 3 of the Act (a police barring order) must—
	(a)	be clearly marked with a unique identifier (comprising a combination of letters and numbers); and
	(b)	specify the following personal details of the person to be barred under the police barring order:
	(i)	the person's full name;
	(ii)	the person's date of birth;
	(iii)	either (or both) the person's residential and business address; and
	(c)	in respect of licensed premises from which the person is to be barred—
	(i)	if the person is to be barred from specified licensed premises—specify the name and address of the premises; and
	(ii)	if the person is to be barred from licensed premises of a specified class—specify—
	(A)	the class; and
	(B)	the names and addresses of premises within that class; and
	(iii)	if the person is to be barred from licensed premises of a specified class within a specified area—specify—
	(A)	the class; and
	(B)	the area; and
	(C)	the names and addresses of premises of that class within that area; and
	(iv)	if the person is to be barred from all licensed premises within a specified area—specify—
	(A)	the area; and
	(B)	the names and addresses of premises within that area; and
	(d)	specify the period for which the person is to be barred, including the times at which the period commences and ends; and
	(e)	contain a brief description of the grounds on which the person is to be barred; and
	(f)	include a statement warning the person that it is an offence if the person enters or remains on premises from which the person is barred during the period specified in the police barring order; and
	(g)	include information about the circumstances in which a police barring order may be reviewed under section 128 of the Act; and
	(h)	specify the name, rank and identification number of the police officer issuing the police barring order; and
	(i)	specify the name, rank and identification number of the senior police officer authorising the issuing of the police barring order; and
	(j)	be signed and dated by the police officer issuing the police barring order.
	(4)	For the purposes of section 126 of the Act, an order revoking a police barring order (a police revocation order) must—
	(a)	specify the unique identifier for the police barring order; and
	(b)	specify the following personal details of the person barred under the police barring order:
	(i)	the person's full name;
	(ii)	the person's date of birth;
	(iii)	either (or both) the person's residential and business address; and
	(c)	in respect of licensed premises from which the person is barred under the police barring order—
	(i)	if the person is barred from specified licensed premises—specify the name and address of the premises; and
	(ii)	if the person is barred from licensed premises of a specified class—specify—
	(A)	the class; and
	(B)	the names and addresses of premises within that class; and
	(iii)	if the person is barred from licensed premises of a specified class within a specified area—specify—
	(A)	the class; and
	(B)	the area; and
	(C)	the names and addresses of premises of that class within that area; and
	(iv)	if the person is barred from all licensed premises within a specified area—specify—
	(A)	the area; and
	(B)	the names and addresses of premises within that area; and
	(d)	contain a statement to the effect that the police barring order is revoked; and
	(e)	specify the name, rank and identification number of the police officer issuing the police revocation order; and
	(f)	specify the name, rank and identification number of the senior police officer authorising the issuing of the police revocation order; and
	(g)	be signed and dated by the police officer issuing the police revocation order.

Schedule A1—Areas surrounding AAMI Stadium declared not to be regulated premises

Schedule 1—Application fees

1	Application for the grant of a licence other than a limited licence	$473.00	
2	Application for the grant of a limited licence—		
		(a)	if the licence is sought for 1 function lasting 1 day or less	$39.50	
		(b)	if the licence is sought for more than 1 function held on the same day (for each function)	$39.50	
		(c)	if the licence is sought for 1 or more functions lasting more than 1 day (for each day of each function or part of a day)	$39.50	
	However, no fee is payable for an application for a limited licence if the licence is granted for a function or functions that, in the opinion of the licensing authority, are to be held for charitable or other community purposes.		
3	Application for an extended trading authorisation	$473.00	
4	Application for removal of a licence	$473.00	
5	Application for transfer of a licence	$473.00	
6	Application for—		
		(a)	approval of an alteration or proposed alteration to licensed premises	$102.00	
		(b)	redefinition of licensed premises as defined in the licence	$102.00	
		(c)	designation of part of licensed premises as a dining area or reception area	$102.00	
7	Application for authorisation to sell liquor in an area adjacent to licensed premises	$102.00	
8	Application for a variation of trading hours or for the imposition, variation or revocation of a condition of the licence	$473.00	
9	Application for approval of a natural person or persons as the manager or managers of the business conducted under the licence or the assumption by a person of a position of authority in the trust or corporate entity that holds the licence—		
		(a)	if the person is the subject of an approval of the Commissioner in force under section 37 or 38 of the Gaming Machines Act 1992	no fee	
		(b)	in any other case	$102.00	
10	Application for conversion of a temporary licence into an ordinary licence	$473.00	
11	Application for consent of the licensing authority to use part of the licensed premises or area adjacent to the licensed premises for the purpose of providing entertainment	$473.00	
12	Additional fee on an application where an identification badge is issued	$17.30	
13	Application for approval to act as a crowd controller for licensed premises	$102.00	

Schedule 1AA—Licence fees, annual fees and default penalties

1	Licence fee on grant of a limited licence if the application for the licence is made on or after 1 January 2013 and—	$700.00	
		(a)	the licence authorises the sale or supply of liquor past 1 am, the licensed premises are outdoors and the licence states the maximum capacity of the licensed premises as a number of persons exceeding 300; or		
		(b)	the licence contemplates boxing, wrestling or other entertainment that, in the opinion of the licensing authority, should be regarded as adult entertainment being provided at the licensed premises during the whole or part of the hours that the licence authorises the sale or supply of liquor; or		
		(c)	the licence authorises the sale or supply of liquor past 1 am and the product of the number of persons stated in the licence as the maximum capacity of the licensed premises and the number of days on which the licence authorises the sale or supply of liquor exceeds 1 000; or		
		(d)	the product of the number of persons stated in the licence as the maximum capacity of the licensed premises and the number of days on which the licence authorises the sale or supply of liquor exceeds 5 000; or		
		(e)	the licensing authority determines on other grounds that the nature of the special occasion or series of special occasions to which the licence will relate has required or will require the devotion of significant resources for the purposes of the administration or enforcement of the Act in relation to the licence.		
	However, no fee is payable if—		
		(a)	no fee was payable for the application for the licence; or		
		(b)	the licence is granted to the holder of a licence (other than a limited licence) and the licensed premises of the limited licence comprise the whole or a part of the licensed premises of the other licence held by the licensee.		
	The Commissioner may refund a licence fee if the special occasion or series of special occasions to which the licence relates is cancelled and significant resources have not been devoted for the purposes of the administration or enforcement of the Act in relation to the licence.		
	For the purposes of this item, a licence authorises the sale or supply of liquor past 1 am if it authorises the sale or supply of liquor immediately before and immediately after 1 am on any 1 or more days.		
2	Annual fee for a licence—		
		(a)	for a hotel licence or entertainment venue licence—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 1 fee	
		(ii)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 3 fee	
		(iv)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200 but not exceeding 400	level 4 fee	
		(v)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 400	level 5 fee	
		(b)	for a club licence (other than a limited club licence)—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 1 000	level 1 fee	
		(ii)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 1 000	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 1 000	level 3 fee	
		(iv)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 1 000	level 5 fee	
		(c)	for a residential licence or restaurant licence—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am	level 1 fee	
		(ii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 4 fee	
		(d)	for a producer's licence—		
		(i)	if the licence does not authorise consumption of liquor on the licensed premises	level 1 fee	
		(ii)	if the licence authorises consumption of liquor on the licensed premises and—		
		(A)	the licence does not authorise the sale or supply of liquor past 2 am	level 1 fee	
		(B)	the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 2 fee	
		(C)	the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 4 fee	
		(e)	for a retail liquor merchant's licence, wholesale liquor merchant's licence or direct sales licence	level 2 fee	
		(f)	for a special circumstances licence for a bus, limousine, boat, train, aeroplane, caterer or retirement village	level 1 fee	
		(g)	for a special circumstances licence for licensed premises other than a bus, limousine, boat, train, aeroplane, caterer or retirement village—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 1 fee	
		(ii)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 3 fee	
		(iv)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200 but not exceeding 400	level 4 fee	
		(v)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 400	level 5 fee	
	No annual fee is payable for a limited club licence.		
	The Commissioner may—		
		(a)	if the business operated under a licence is, in the opinion of the Commissioner, so similar to that under another licence class for which a lower annual fee is payable as to warrant a reduction in the fee, reduce the annual fee to that applicable to a licence of that other class; and		
		(b)	if the annual fee payable is a level 2 fee, reduce the fee to a level 1 fee for a particular year on grounds of financial hardship.		
	For the purposes of this item—		
		(a)	a level 1 fee is $100; and		
		(b)	a level 2 fee is $700; and		
		(c)	a level 3 fee is $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 2 am, $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 4 am, a further $700; and		
		(d)	a level 4 fee is $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 2 am, $1 400 plus, if the licence authorises the sale of liquor for consumption on the premises past 4 am, a further $1 400; and		
		(e)	a level 5 fee is $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 2 am, $2 500 plus, if the licence authorises the sale of liquor for consumption on the premises past 4 am, a further $7 500; and		
		(f)	a licence authorises the sale of liquor past 2 am if it authorises the sale or supply of liquor immediately before and immediately after 2 am on any 1 or more days (disregarding sale or supply to a lodger); and		
		(g)	a licence authorises the sale or supply of liquor past 4 am if it authorises the sale or supply of liquor immediately before and immediately after 4 am on any 1 or more days (disregarding sale or supply to a lodger).		
3	Penalty for default payable under section 50A(4) of Act	20% of the amount outstanding	

Schedule 1A—Procedures for prevention of persons from entering, and removal of persons from, licensed premises
1	A person to whom this Schedule applies must, if practicable, before using force to prevent a person from entering, or remove a person from, licensed premises—
	(a)	advise the person that he or she is authorised under the Act to use reasonable force to prevent persons from entering, or remove persons from, licensed premises; and
	(b)	explain that he or she will, unless the person agrees that he or she will not enter the premises, or agrees to leave the premises, use force to prevent the person from entering, or remove the person from, the premises.
2	A person to whom this Schedule applies must not, while using force to prevent a person from entering, or remove a person from, licensed premises, hold the person above the person's shoulders, or undertake any other action in respect of the person, in a way that could prevent or restrict the inhalation of air by the person or cause the person to suffer asphyxia (unless the action is necessary in self-defence).
3	As soon as reasonably practicable following an incident involving the use of force to prevent a person from entering, or remove a person from, licensed premises, each person to whom this Schedule applies involved in the incident (other than a police officer) must, if he or she is not the licensee, report the incident to the licensee in writing, and must include in the report the details required to be recorded in the register to be maintained by the licensee under clause 4.
4	A licensee of licensed premises must ensure—
	(a)	that a record of each incident involving the use of force by a person to whom this Schedule applies (other than a police officer) to prevent a person from entering, or remove a person from, the premises is entered in a register of such incidents; and
	(b)	that each entry in the register—
	(i)	is in the appropriate form set out in Schedule 2; and
	(ii)	includes the details indicated as being required by that form; and
	(iii)	is retained for at least 1 year following the occurrence of the incident; and
	(c)	that the register is kept on the licensed premises and is readily available for inspection or copying by an authorised officer (within the meaning of section 122 of the Act).

Schedule 2—Forms

Table of Contents
Regulation 13	Form 1:	Advertisement of application—section 52(2)(b) of the Act	
Regulation 13	Form 2:	Notice of application on premises or land—section 52(2)(c) of the Act	
Regulation 15	Form 3:	Notice of objection to application—section 77 of the Act	
Regulation 19	Form 4:	Notice of exclusion of minors from part of licensed premises under section 111 of the Act	
Regulation 19	Form 5:	Notice of exclusion of minors from part of licensed premises under section 112 of the Act	
Regulation 19	Form 6:	Notice for areas to which access is permitted to minors—section 113 of the Act	
Schedule 1A	Form 9:	Register of incidents to be maintained under Schedule 1A—sections 116, 124 and 127 of the Act	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Liquor Licensing (General) Regulations 1997 revoked the following:
Liquor Licensing Regulations 1985
Liquor Licensing (New Years Eve Dry Areas) Regulations 1996
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1997	210	Gazette 25.9.1997 p913	1.10.1997: r 2	
1997	216	Gazette 30.10.1997 p1141	30.10.1997: r 2	
1998	28	Gazette 16.4.1998 p1722	16.4.1998: r 2	
1998	118	Gazette 28.5.1998 p2444	1.7.1998: r 2	
1998	217	Gazette 17.12.1998 p1984	17.12.1998: r 2	
1999	16	Gazette 11.3.1999 p1396	11.3.1999: r 2	
1999	71	Gazette 27.5.1999 p2838	1.7.1999: r 2	
1999	118	Gazette 17.6.1999 p3128	17.6.1999: r 2	
2000	76	Gazette 25.5.2000 p2746	1.7.2000: r 2	
2001	91	Gazette 31.5.2001 p2043	1.7.2001: r 2	
2001	203	Gazette 30.8.2001 p3453	30.8.2001: r 2	
2002	37	Gazette 23.5.2002 p1986	23.5.2002: r 2	
2002	78	Gazette 20.6.2002 p2567	1.7.2002: r 2	
2002	220	Gazette 28.11.2002 p4359	28.11.2002: r 2	
2003	79	Gazette 29.5.2003 p2212	1.7.2003: r 2	
2003	209	Gazette 23.10.2003 p3881	23.10.2003: r 2	
2003	230	Gazette 20.11.2003 p4211	20.11.2003: r 2 	
2004	1	Gazette 15.1.2004 p200	15.1.2004: r 2 	
2004	76	Gazette 27.5.2004 p1518	1.7.2004: r 2 	
2005	39	Gazette 19.5.2005 p1317	19.5.2005: r 2 	
2005	75	Gazette 26.5.2005 p1455	1.7.2005: r 2	
2006	26	Gazette 9.2.2006 p531	27.2.2006: r 2	
2006	57	Gazette 25.5.2006 p1478	25.5.2006: r 2	
2006	126	Gazette 15.6.2006 p1817	1.7.2006: r 2	
2006	209	Gazette 24.8.2006 p2997	24.8.2006: r 2	
2007	6	Gazette 1.2.2007 p324	1.2.2007: r 2	
2007	15	Gazette 1.3.2007 p679	1.3.2007: r 2	
2007	137	Gazette 7.6.2007 p2510	1.7.2007: r 2	
2007	174	Gazette 21.6.2007 p2696	21.10.2007: r 2	
2007	213	Gazette 16.8.2007 p3392	16.8.2007: r 2	
2008	59	Gazette 5.6.2008 p1895	1.7.2008: r 2	
2009	13	Gazette 26.2.2009 p766	1.3.2009: r 2	
2009	60	Gazette 14.5.2009 p1744	14.5.2009: r 2	
2009	162	Gazette 4.6.2009 p2675	1.7.2009: r 2	
2009	200	Gazette 9.7.2009 p3146	9.7.2009: r 2	
2010	21	Gazette 18.2.2010 p853	3.5.2010: r 2	
2010	54	Gazette 10.6.2010 p2699	1.7.2010: r 2	
2011	79	Gazette 9.6.2011 p2109	1.7.2011: r 2	
2012	22	Gazette 29.3.2012 p1308	29.3.2012: r 2	
2012	31	Gazette 3.5.2012 p1557	3.5.2012: r 2	
2012	111	Gazette 31.5.2012 p2435	1.7.2012: r 2	
2012	160	Gazette 21.6.2012 p2840 (replaced Gazette 14.6.2012 p2766)	14.6.2012: r 2	
2012	164	Gazette 21.6.2012 p2851	21.6.2012: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
r 2	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 3			
r 3(1) and (2)	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 4			
alcoholic ice confection	inserted by 16/1999 r 3	11.3.1999	
low alcohol liquor	inserted by 26/2006 r 4	27.2.2006	
Pt 2			
r 6	varied by 16/1999 r 4	11.3.1999	
r 7	deleted by 26/2006 r 5	27.2.2006	
	inserted by 209/2006 r 4	24.8.2006	
Pt 3			
r 8			
r 8(2)	varied by 216/1997 r 3	30.10.1997	
	varied by 28/1998 r 3	16.4.1998	
	varied by 217/1998 r 3	17.12.1998	
	varied by 203/2001 r 3	30.8.2001	
	varied by 37/2002 r 3	23.5.2002	
	varied by 220/2002 r 3	28.11.2002	
	varied by 209/2003 r 4	23.10.2003	
	varied by 230/2003 r 4	20.11.2003	
	varied by 1/2004 r 4	15.1.2004	
	varied by 39/2005 r 4	19.5.2005	
	varied by 57/2006 r 4	25.5.2006	
	varied by 15/2007 r 4	1.3.2007	
	varied by 174/2007 r 4(1), (2)	21.10.2007	
	varied by 213/2007 r 4	16.8.2007	
	varied by 60/2009 r 4	14.5.2009	
	varied by 200/2009 r 4	9.7.2009	
	varied by 22/2012 r 4	29.3.2012	
Pt 5 before substitution by 160/2012			
heading	substituted by 31/2012 r 4	3.5.2012	
rr 17A and 17B	inserted by 31/2012 r 5	3.5.2012	
Pt 5	substituted by 160/2012 r 4	14.6.2012	
	substituted by 164/2012 r 4	21.6.2012	
Pt 7			
r 21	varied by 118/1999 r 3	17.6.1999	
	varied by 6/2007 r 4	1.2.2007	
r 21A	inserted by 26/2006 r 6	27.2.2006	
	varied by 6/2007 r 5(1), (2)	1.2.2007	
Pt 8			
r 21B	inserted by 26/2006 r 7	27.2.2006	
	varied by 6/2007 r 6(1), (2)	1.2.2007	
r 22	substituted by 13/2009 r 4	1.3.2009	
Sch A1	inserted by 209/2006 r 5	24.8.2006	
Sch 1	substituted by 118/1998 r 3	1.7.1998	
	substituted by 71/1999 r 3	1.7.1999	
	substituted by 76/2000 r 3	1.7.2000	
	substituted by 91/2001 r 3	1.7.2001	
	substituted by 78/2002 r 3	1.7.2002	
	substituted by 79/2003 r 4	1.7.2003	
	substituted by 76/2004 r 4	1.7.2004	
	substituted by 75/2005 r 4	1.7.2005	
	varied by 26/2006 r 8	27.2.2006	
	substituted by 126/2006 r 4	1.7.2006	
	substituted by 137/2007 r 4	1.7.2007	
	substituted by 59/2008 r 4	1.7.2008	
	substituted by 162/2009 r 4	1.7.2009	
	substituted by 54/2010 r 4	1.7.2010	
	substituted by 79/2011 r 4	1.7.2011	
	varied by 31/2012 r 6(1), (2)	3.5.2012	
	substituted by 160/2012 r 5	14.6.2012	
	substituted by 164/2012 r 5	21.6.2012	
	substituted by 111/2012 r 4	1.7.2012—not incorporated	
Sch 1AA	inserted by 160/2012 r 5	14.6.2012	
	substituted by 164/2012 r 5	21.6.2012	
Sch 1A	inserted by 26/2006 r 9	27.2.2006	
cl 3	varied by 6/2007 r 7(1)	1.2.2007	
cl 4	varied by 6/2007 r 7(2)	1.2.2007	
Sch 2			
Table of Contents	varied by 26/2006 r 10(1)	27.2.2006	
Form 1	varied by 21/2010 r 4(1)	3.5.2010	
Form 2	varied by 21/2010 r 4(2)	3.5.2010	
Forms 7 and 8	deleted by 13/2009 r 5	1.3.2009	
Form 9	inserted by 26/2006 r 10(2)	27.2.2006	
Historical versions
Reprint No 1—30.10.1997		
Reprint No 2—16.4.1998		
Reprint No 3—1.7.1998		
Reprint No 4—17.12.1998		
Reprint No 5—11.3.1999		
Reprint No 6—1.7.1999		
Reprint No 7—1.7.2000		
Reprint No 8—1.7.2001		
Reprint No 9—30.8.2001		
Reprint No 10—23.5.2002		
Reprint No 11—1.7.2002		
Reprint No 12—28.11.2002		
Reprint No 13—1.7.2003		
Reprint No 14—23.10.2003		
Reprint No 15—20.11.2003		
Reprint No 16—15.1.2004		
1.7.2004		
19.5.2005		
1.7.2005		
27.2.2006		
25.5.2006		
1.7.2006		
24.8.2006		
1.2.2007		
1.3.2007		
1.7.2007		
16.8.2007		
21.10.2007		
1.7.2008		
1.3.2009		
14.5.2009		
1.7.2009 (electronic only)		
9.7.2009		
3.5.2010		
1.7.2010		
1.7.2011		
29.3.2012		
3.5.2012		
14.6.2012 (electronic only)