made under the

University of Canberra (Liquor) Statute 2011, s14

1. Name of Instrument
2. Commencement
3. Revocation
4. Definitions
5. Sale of Liquor
6. Persons who may purchase or consume liquor in the Union premises
7. Third Parties
8. Trading days and hours
9. Special functions
10. General Manager to determine application
11. Restrictions on persons attending special functions

1. Name of Instrument

These rules may be cited as the University of Canberra Liquor (UCU) Rules 2011.

These rules commence on the date of commencement of the University of Canberra (Liquor) Statute 2011.

3. Revocation

The Liquor (UCU) Rules 2008 are revoked.

4. Definitions

(1) In these Rules, unless the contrary intention appears:

“Board” means the Board established in accordance with the constitution of UCU Ltd;

“General Manager” means the person employed by the University who for the time being holds the office of General Manager of UCU Ltd;

“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;

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

“third party” means a company or other entity not owned or controlled by the University;

"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;

“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 Union premises 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. Sale of liquor

Subject to the Statute and these Rules, the Union may sell liquor in the Union premises.

6. Persons who may purchase or consume liquor in the Union premises

(1) Subject to the Statute and to these Rules, staff and students of the University of Canberra, other persons and patrons of sporting, recreational, leisure and other events at the University may purchase or consume liquor in the Union premises.

(2) Only liquor purchased or supplied within the Union premises may be consumed in the Union premises.

7. Third parties

(1) The Board may enter into a formal agreement with a third party to produce and sell liquor in the Union premises on conditions determined by the Board.

(2) The conditions determined under subsection (1) must be documented as part of the formal agreement between the Union and the third party.

(3) The conditions determined under subsection (1) and documented under subsection (2) must be in accordance with the provisions of the Statute and these Rules, including sections 10 and 11 of the Statute.

(4) Notwithstanding agreement under subsection (1), section 13 of the Statute applies.

(5) Where the Board makes an agreement under subsection (1), the Board must cause a copy of the agreement to be transmitted to the Liquor Administration Officer, who must keep a record of the agreement.

8. Trading days and hours 

(1) Subject to the Statute and to these Rules, liquor must not be sold, purchased or consumed in the Union premises on a trading day except during the hours that are determined from time to time in accordance with this rule.

(2) The Board may, from time to time, with the prior approval of the Vice-Chancellor, by resolution determine the trading days on which, and the periods of time on those days during which, liquor may be sold, purchased or consumed in the Union premises.

(3) The Board may at any time, with the prior approval of the Vice-Chancellor, by resolution vary any determination made under subsection (2)

(4) Any determination or variation made under subsection (2) or (3) must be in writing, signed by the General Manager.

(5) The Board must cause a copy of any determination or variation made under subsection (2) or (3), whilst that determination or variation is in force, to communicated in such manner as the Board considers appropriate.

(6) Where the Board makes a determination under subsection (2), the Board must cause a copy of the determination to be transmitted to the Liquor Administration Officer, who must keep a record of the determination.

9. Special functions

(1) Subject to subsection (4), the General Manager, in relation to the Union premises, may, by writing signed by that officer, grant a person or organisation permission to hold a special function at which liquor may be sold, purchased or consumed in the part of a building for which that officer is responsible, or in any specified area within that part of the building, on such a day and during such hours as that person determines.

(2) A written permission granted under subsection (1) must specify the day and hours to which the permission relates and the conditions, if any, applying to the special function.

(3) If the General Manager grants permission under subsection (1) for the holding of a special function, that officer must, as soon as practicable after the granting of the permission, cause a copy of the permission to be transmitted to the Liquor Administration Officer, who must keep a record of the permission.

 (4) The General Manager must not grant permission under subsection (1) except in accordance with written general directions, if any, given by the Board, relating to the holding of special functions.

10. General Manager to determine application

(1) In determining whether to grant an authorisation for a special function under section 9, the General Manger must consider:

(a) the location of the special function within the Union premises and the point of sale of the liquor within the Union premises; and

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

(c) the expected number of attendees; 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 General Manager considers appropriate.

        (2) The decision of the General Manager in relation to an application is final and is not subject to appeal.

11. Restrictions on persons attending special functions

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

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

12. Observation of rules of conduct of the Union

A person who purchases or consumes liquor in Union premises must observe the house rules of the Union made by the Board.

Rules approved at Council meeting No. 142 on 15 April 2011.

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