“grounds” of the University includes any part of the University, either owned or controlled by the University, other than private outlets and University buildings;

“liquor” has the same meaning as in the Liquor Act 2010 (ACT) ;

“Liquor Administration Officer” means the officer of the University appointed under section 5 of the Statute;

“private outlet premises” means that part of the University which is leased to private outlets and identified in the lease between the University and the private outlets as a specific delineated physical area of the University with clearly delineated boundaries ;

“private outlets” means those cafes, restaurants, bars, shops or similar commercial outlets licensed by the Liquor Administration Officer, acting on the authority of the Vice-Chancellor in each case, to sell and serve liquor on the University’s leasehold at Bruce, ACT or at other places from premises owned by the University or under the control of the University;

“RSA certificate” has the same meaning as in section 193 of the Liquor Act 2010 (ACT);

“Statute” means the University of Canberra (Liquor) Statute 2011;

"trading day” means any day in a calendar year;

“Union” means UCU Ltd (ABN 33 119 755 627);

“Union premises” means that part of the University that is, by resolution of the Council, declared to be the Union premises for the purposes of the Statute.

“University” means the University of Canberra established by section 4 of the Act;

“University buildings” includes:

(a) all or any part of a building occupied by the University;

(b) all or any part of a building owned or controlled by the University and occupied for residential purposes or for management and other services supporting residential services; and

(c) all or any part of a building owned or controlled by the University and occupied by an external party under agreement or lease to the University,

but not including premises defined as private outlets.

“Vice-Chancellor” means the Vice-Chancellor and President of the University appointed under section 25(1) of the Act.

(2) Unless the contrary intention appears, a reference in these Rules to the hours when liquor may be sold, purchased or consumed in the University is to be read as a reference to the times on a trading day when liquor may be sold, purchased or consumed in those premises.

5. Union premises

(1) Unless the contrary intention appears, this Rule does not apply to the consumption or sale of liquor in the Union premises.

(2) The University of Canberra (UCU) Rules 2011 regulate and manage the consumption or sale of liquor in the Union premises.

6. Authorisation of areas for the consumption of liquor

(1) Subject to the Statute and this Rule the Liquor Administration Officer may authorise the consumption of liquor in a specified room in a University building, or a specified area in the grounds of the University, subject to such conditions, if any, as the Liquor Administration Officer determines.

(2) An authorisation given under subsection (1) must be in writing, signed by the Liquor Administration Officer must clearly identify the room or other area to which the authorisation relates and must set out any conditions to which the authorisation is subject, including any restrictions upon the days on which and the hours during which liquor may be consumed under that authorisation.

(3) The Liquor Administration Officer may cause a copy of an authorisation given under subsection (1) to be displayed in such manner as the Liquor Administration Officer considers appropriate.

7. Authorisation of areas for the sale of liquor

(1) Subject to the Statute and this Rule the Liquor Administration Officer may authorise the sale of liquor in a specified room in a University building, or a specified area in the grounds of the University, subject to such conditions, if any, as the Liquor Administration Officer determines.

(2) An authorisation given under subsection (1) must be in writing, signed by the Liquor Administration Officer, must clearly identify the room or other areas to which the authorisation relates and must set out any conditions to which the authorisation is subject, including any restrictions upon the days on which and the hours during which liquor may be sold under that authorisation.

(3) The Liquor Administration Officer may cause a copy of an authorisation given under subsection (1) to be displayed in such manner as the Liquor Administration Officer considers appropriate.

8. Special functions - permission to consume liquor

(1) If a person or organisation applies in writing to the Liquor Administration Officer for permission to hold a special function (being a special function at which liquor may be consumed but not sold) to be held in a University building or in the grounds of the University, the Liquor Administration Officer may grant permission to the applicant for the holding of such a special function, subject to such conditions, if any, as the Liquor Administration Officer determines.

(2) Any permission granted by the Liquor Administration Officer under subsection (1) must be in writing signed by the Liquor Administration Officer and must:

(a) specify the special function to which the permission relates; and

(b) clearly identify the room or other area in which liquor may be consumed at that special function; and

(c) specify the day on which, and the hours on that day during which, liquor may be consumed at that special function; and

(d) identify the person who submitted the application and will be accountable for the organisation and supervision of the special function; and

(e) identify the intended attendees at the special function; and

Note: The attendees should be identified by category, for example, students, University staff, members of a specified entity, and not by names of individuals.

(d) give details of any conditions subject to which the permission is granted.

(3) In determining whether to grant an authorisation for a special function under subsection (1), the Liquor Administration Officer must consider:

(a) the location of the special function within the University and its suitability for this function; and

(b) other events occurring on campus at the same time; and

(d) the facilities, including security and toilets, required and to be provided; and

(e) the circumstances of any previous supply or sale of liquor by the applicant; and

(f) any other factor that the Liquor Administration Officer considers appropriate.

(4) The decision of the Liquor Administration Officer in relation to an application is final and is not subject to appeal.

(5) The Liquor Administration Officer must not grant permission under subsection (1) except in accordance with written general directions, if any, given by the Vice-Chancellor relating to the holding of a special function of the kind referred to in subsection (1).

9. Special functions - permission to sell liquor

(1) If a person or organisation applies in writing to the Liquor Administration Officer for permission to hold a special function at which liquor will be sold in a University building or in the grounds of the University, the Liquor Administration Officer may grant permission to the applicant for the holding of such a special function, subject to such conditions, if any, as the Liquor Administration Officer determines.

(2) Any permission granted by the Liquor Administration Officer under subsection (1) must be in writing signed by the Liquor Administration Officer and must include the information specified in section 8(2) of these rules.

(3) In determining whether to grant an authorisation for a special function under subsection (1), the Liquor Administration Officer must consider:

(a) the location of the special function within the University and its suitability for this function; and

(b) the likely impact of the sales on the business of the Union and private outlets on campus; and

(d) the expected number of attendees; and

(e) the facilities, including security and toilets, required and to be provided; and

(f) the circumstances of any previous supply or sale of liquor by the applicant; and

(g) any other factor that the Liquor Administration Officer considers appropriate.

(4) The decision of the Liquor Administration Officer in relation to an application is final and is not subject to appeal.

10. Restrictions on persons attending special functions

(1) This section applies to a special function held in accordance with a permission granted under sections 8 and 9.

(2) No person, other than a person entitled to attend a special function, or a person required to be present for the purposes of that special function, may enter any part of the area where that special function is being held.

(3) A person who is entitled to attend that special function may purchase or consume liquor in any part of the area where that special function is being held in accordance with the authority issued by the Liquor Administration Officer.

(4) A person attending a special function must not remove liquor from the area where the special function is being held.

11. Private outlets

(1) The University may from time to time enter into a lease with a private outlet to operate a café or restaurant or similar activity on the University campus or within a building owned or controlled by the University. The lease may include provision for the private outlet to sell liquor and/or permit the consumption of liquor within the private outlet premises if and when a license to do so is issued by the Liquor Administration Officer.

(2) If the operator of a private outlet applies in writing to the Liquor Administration Officer for permission to sell liquor and/or permit the consumption of liquor within the private outlet premises, the Liquor Administration Officer may issue a license to the applicant to sell liquor and/or permit the consumption of liquor within the private outlet premises, subject to such conditions, if any, as the Liquor Administration Officer determines.

(3) In determining whether to issue a license under subsection (2), the Liquor Administration Officer must consider:

(a) the lease purpose clauses of the lease between the University and the private outlet;

(b) the interests of the University community and the members of the University community;

(d) the location of the private outlet within the University and its suitability for the purpose of the application; and

(e) the likely impact of the issuing of a licence on the business of the Union and other private outlets on campus; and

(f) the facilities, including toilets, available or required and to be provided; and

(g) the circumstances of any previous supply or sale of liquor by the applicant; and

(h) any other factor that the Liquor Administration Officer considers appropriate.

(4) The Liquor Administration Officer has discretion on whether or not to issue a licence for the private outlet to sell liquor or for liquor to be consumed in private outlet premises. If the Liquor Administration Officer rejects an application made under subsection (2) the private outlet may appeal the decision to the Vice-Chancellor, whose decision is final.

(5) A license issued under subsection (2) must identify the natural person who is responsible for the day to day on-site management of the private outlet. That person and each successor to that person must hold a RSA certificate for the period during which they exercise the responsibility. A copy of the certificate must be provided to the Liquor Administration Officer.

(6) A license issued under subsection (2) must be in writing, signed by the Liquor Administration Officer, must clearly identify the private outlet premises to which the license relates and must set out any conditions to which the license is subject, including any restrictions upon the days on which and the hours during which liquor may be sold and/or consumed under the licen

(7) A license issued under subsection (2) must be displayed in a public area of the private outlet to which it applies for the duration of the license period.

(8) The Liquor Administration Officer must not issue a license under subsection (2) except in accordance with written general directions, if any, given by the Vice-Chancellor relating to the issuing of licenses of the kind referred to in subsection (2).

(9) A license issued under subsection (2) applies only to the private outlet premises for which it is issued and identified in the lease between the University and the private outlet. If the operator of the private outlet wishes to sell or supply liquor at a University function or event outside of the private outlet premises in its own right (that is, not providing a catering service to a third party) the operator must apply for authorisation under subsections 8(1) or 9(1), or both, of these rules. The operator cannot sell or supply liquor under subsection (9) until an authorisation is granted under subsections 8(1) or 9(1), or both, of these rules.

(10) A license issued under subsection (2) applies only to the private outlet premises for which it was issued and identified in the lease between the University and the private outlet. If the operator of the private outlet wishes to supply liquor to a third party at a University function or event outside of the private outlet premises (that is, as a caterer to another party) the liquor cannot be supplied unless the other party holds a current authorisation granted under subsections 6(1) or 8(1) or 9(1) of these rules.

12. Records to be kept by the Liquor Administration Officer

The Liquor Administration Officer must cause all particulars of authorisations, permissions or licences issued under subsections 6(2), 7(2), 8(1), 9(1) or 11(2) to be recorded and kept by the Liquor Administration Officer for at least twelve months following the expiry of the authorisation, permission or license.

Notes:

Rules approved at Council meeting No. 142 on 15 April

In making these Rules the University had regard to the provisions of section 40B(1)(b) of the Human Rights Act 2004 (ACT).

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University of Canberra Liquor (General) Rules 2011

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University of Canberra Liquor (General) Rules 2011