Guideline 48: Allowable absences
Liquor Act 1992 - Section 155AF
This section applies to an individual licensee or permittee wishing to be absent from the management and supervision of the licensed premises for a continuous period of not more than 3 months.
Under section 155AD(3), if an individual licensee is unable to be present or reasonably available during ordinary trading hours and present during extended trading hours, the licensee must take reasonable steps to ensure that an approved manager is present or reasonably available during ordinary trading hours and present during extended trading hours.
An application can be made to the Commissioner for Liquor and Gaming by an individual licensee for a temporary exemption from their obligation to comply with this section.
This application may be granted only if the Commissioner is satisfied:
(a) the licensee has made reasonable efforts but has been unsuccessful, in engaging one or more approved managers to comply with Section 155AD(3) and
(b) that liquor will be supplied or possessed on the premises only in accordance with the authority conferred by the licence or permit and the risk-assessed management plan for the premises will be complied with.
Each application for a leave of absence will be considered with respect to the licensee's individual circumstances. Matters for consideration will include:
- reason for the leave of absence
- period of absence
- efforts made by the licensee to employ an approved manager
- type of liquor licence/business and trading hours
- locality of the licensed premises
- management history
- level of training for staff who will be selling and supplying liquor during licensee's absence.
If the leave of absence is planned (e.g. a holiday), for the purpose of this section the term 'reasonable efforts' will be deemed to mean:
- advertising for an approved manager in local and significant regional newspapers, or internet job vacancy websites
- contact with other licensed premises in area which may have more than one approved manager
- any other avenue the licensee has used to search for an approved manager.
If the leave of absence is due to sudden/emergency circumstances (e.g. illness of licensee or family member) and the period of absence becomes prolonged, the Commissioner may require the licensee to increase their efforts to employ an approved manager.
Re-issued 24 January 2013
Issued 22 May 2009
- Last reviewed: 11 Apr 2016
- Last updated: 09 Jun 2016