§ 102 — Unlicensed licensable food business, etc.

102.—(1) A person commits an offence if —(a)

the person is an owner or an occupier of any premises;

(b)

the person uses, or allows the premises to be used, to carry on a licensable food business; and

(c)

the person is not one of the following:(i)

a holder of a current licence to carry on that licensable food business at the premises;

(ii)

a person exempt from this section under section 320 or 321 in relation to carrying on that licensable food business at the premises.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under this section;

(ii)

under section 41A of the Environmental Public Health Act 1987 for contravening section 32(1) of that Act;

(iii)

under section 41A of the Environmental Public Health Act 1987 for contravening section 33 or 34(1) of that Act involving any food;

(iv)

under section 24 of the Sale of Food Act 1973 for contravening section 21 of that Act; or

(v)

under section 11(2) or 12(2) of the Wholesome Meat and Fish Act 1999.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii), (iv) or (v) may be before, on or after the commencement of this section.

(5) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —(a)

had no knowledge and could not with reasonable diligence have ascertained that the premises was used to carry on a licensable food business; and

(b)

as soon as practicable after becoming aware that the premises was used to carry on a licensable food business, took all reasonable steps to stop that use.

—(1) A person commits an offence if —(a)

the person is an owner or an occupier of any premises;

(b)

the person uses, or allows the premises to be used, to carry on a licensable food business; and

(c)

the person is not one of the following:(i)

a holder of a current licence to carry on that licensable food business at the premises;

(ii)

a person exempt from this section under section 320 or 321 in relation to carrying on that licensable food business at the premises.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under this section;

(ii)

under section 41A of the Environmental Public Health Act 1987 for contravening section 32(1) of that Act;

(iii)

under section 41A of the Environmental Public Health Act 1987 for contravening section 33 or 34(1) of that Act involving any food;

(iv)

under section 24 of the Sale of Food Act 1973 for contravening section 21 of that Act; or

(v)

under section 11(2) or 12(2) of the Wholesome Meat and Fish Act 1999.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii), (iv) or (v) may be before, on or after the commencement of this section.

(5) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —(a)

had no knowledge and could not with reasonable diligence have ascertained that the premises was used to carry on a licensable food business; and

(b)

as soon as practicable after becoming aware that the premises was used to carry on a licensable food business, took all reasonable steps to stop that use.