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Purpose

This policy explains the standard entertainment condition which is imposed on liquor licences.

Who this policy applies to

An entertainment condition is imposed on most liquor licence types except nightclub, wholesaler and liquor store licences. The condition requires that everyone on the licensed premises meets certain standards of dress and behaviour.

Legislative requirements

The Director of Liquor Licensing (DLL) has an obligation to regulate the use of premises where alcohol is sold.¹ The DLL can impose conditions which are in the public interest.²

Operational requirements

The entertainment condition is imposed on most licences and applies to any public part of the licensed premises, including where an extended trading permit is in effect. It applies to everyone on the licensed premises, including patrons, the licensee and any employees. It does not apply to any areas which the public cannot access.

The entertainment condition prohibits any person on the premises from being indecently dressed or acting in a lewd or indecent manner. For example, a person exposing their breasts or buttocks would be considered indecently dressed. An example of a prohibited activity would be a stripper performing a strip tease. Licensees and employees must also not exhibit any of the following restricted material:

• a film or computer game rated R 18+ or X 18+
• a publication rated Category 1 — Restricted, Category 2 — Restricted or RC (refused classification).³

In limited circumstances, the standard entertainment condition may not be applied to a licensed premises, for example if it provides adult entertainment. Any licensee who does not wish to have the standard entertainment condition applied to their licensed premises must apply to the DLL. If approval is granted, these premises will not be subject to the conditions in relation to indecent dress, however full nudity is not permitted and a G string must be worn, as a minimum. These premises will be subject to conditions that the entertainment is to take place in a specific area which is clearly signposted, where juveniles are not permitted.

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

1. See long title Liquor Control Act 1988 (LC Act)
2. LC Act s64 (3)(g)
3. LC Regs r8A.

Approval

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