Tasmania Police Report
INSPECTOR ADRIAN SHADBOLT Western District Support Services
Licensing infringements – fine/penalty or caution? As outlined in a previous Tasmania Police report for the THA Hospitality Review, amendments to Liquor Licensing Act 1990 (the Act) have now taken effect as of 1 September, 2016. Correspondingly, this means that the range of offences under the Act have significantly broadened the circumstances where police may issue an infringement notice. As with offences relating to other Acts (e.g. littering, environmental, fisheries and traffic), Tasmania Police are provided with internal guidelines relating to the administration of cautions - the Liquor Licensing Act is no different. It should be noted that the decision to issue a police caution for a licensing offence is not an automatic process and is not one to be expected. Due consideration will be given to the nature, seriousness, or consequences as a result of the offence, and ultimately, it remains a matter of police discretion as to whether or not an infringement notice relating to a caution or a fine/penalty is issued.
Police guidelines prescribe that a caution may not be issued - • To a person who has not attained the age of 18 years of age; • Where there is more than one offence committed at the time; • Where the offender does not admit the offence or consent to a caution being issued; • Where the offender was arrested for the offence in the first instance; • Where the offence relates to a barring order offence by virtue of sections 81 (7) & (8) of the Act;
• Where it is known that a person has been reported/cautioned for any Licensing offence within the previous 2 years; or • In the case of a special permit relating to a club or organisation, where a caution has previously been issued to any permit holder relating to the club or organisation within the previous 2 years. As with police cautions for infringements relating to other Acts, a licensing infringement notice will still be generated which is clearly marked as a ‘caution’. The infringement notice will be delivered by mail or electronically if desired.
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December 2016
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