Liquor Act 1982 Liquor Amendment (Nightclub Licences) Regulation 1997 (1997-63) [GG No 20 of 21.2.1997, p 819] (NSW)

1997 No 63

New South Wales

Liquor Amendment (Nightclub

Licences) Regulation 1997

under the

Liquor Act 1982

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Liquor Act 1982.

J. RICHARD FACE, M.P.,

Minister for Gaming and Racing

Explanatory note

The object of this Regulation is to make amendments to the Liquor Regulation 1996 as a consequence of the enactment of the Liquor Amendment (Nightclub Licences and Trading Hours) Act 1996. The amendments:

(a)	remove references to a variation of trading hours under section 32 (3) of the Liquor Act 1982 as that subsection is repealed by the 1996 Act, and
(b)	prescribe fees in connection with the new category of licences established by the 1996 Act called nightclub licences, and
(c)	require applications for nightclub licences to be advertised in the same way as certain other licence applications, and
(d)	ensure that licensees of nightclubs will not be prevented from using the term “nightclub” in the name of the premises, and
(e)	prescribe a form of sign relating to offences under the Liquor Act 1982 that is required to be displayed on nightclub premises, and
Published in Gazette No 20 of 21 February 1997, page 819	Page 1

1997 No 63

Liquor Amendment (Nightclub Licences) Regulation 1997

Explanatory note

(f)	require applicants for nightclub licences to undertake a course of training approved by the Liquor Administration Board, unless otherwise determined by the Licensing Court, and
(g)	include transitional provisions.

This Regulation is made under the Liquor Act 1982, including sections 156 (the general regulation-making power), 37, 82 (4A), 91, 116C (3) and 150 of the Act and clause 1 of Schedule 1 to the Act.

1997 No 63

Liquor Amendment (Nightclub Licences) Regulation 1997	Clause 1
Liquor Amendment (Nightclub Licences) Regulation 1997
1 Name of Regulation

This Regulation is the Liquor Amendment (Nightclub Licences)

Regulation 1997.

2 Commencement

This Regulation commences on 1 March 1997.

3 Amendment of Liquor Regulation 1996

The Liquor Regulation 1996 is amended as set out in Schedule l.

4 Notes

The explanatory note does not form part of this Regulation.

1997 No 63

Liquor Amendment (Nightclub Licences) Regulation 1997

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 3)

[ 1 ]       Clause 10 Plans to accompany certain applications

Omit “32 (3)” from clause 10 (c).
Insert instead “35D”.

[ 2 ]       Clause 11 Application fees (sections 37 (4) and 111E of the Act)

Insert after the matter relating to an application for hotelier’s licence:

Application for nightclub licence $500

[ 3 ]       Clause 11

Omit “or 32 (3)”.

[ 4 ]       Clause 15 Definition

Omit “or (3)” from paragraph (f) of the definition of application in clause 15.

[ 5 ]       Clause 15

Insert after paragraph (f) of the definition of application in clause 15:

(f1) an application for a variation of trading hours
(nightclub licence) under section 35D of the Act,

[ 6 ]       Clause 20 Prohibited names

Insert “nightclub,” after “wine bar,” in clause 20 (2) (a).

[ 7 ]       Clause 20 (2) (c)

Insert “or nightclub” after “hotel”.

[ 8 ]       Clause 20 (2) (c)

Omit “night club” wherever occurring.
Insert instead “nightclub”.

1997 No 63

Liquor Amendment (Nightclub Licences) Regulation 1997

Amendments Schedule 1

Clause 20 (6)

Omit the subclause.

Clause 20 (7)

Omit the subclause. Insert instead:

(7)	In subclause (2):
nightclub means premises in respect of which a nightclub licence is in force.
wine bar means premises in respect of which a licence referred to in section 21A of the Act is in force.

Clause 36 Nightclub trading during nightclub trading period— notice to be displayed

Omit “RESTAURANT” from clause 36 (l).

Insert instead “NIGHTCLUB”.

Clause 36 (1)

Omit “BETWEEN 11 PM AND 3 AM”.

Insert instead “AFTER 8 PM”.

Clause 36 (3)

Omit “restaurant” wherever occurring.

Insert instead “nightclub”.

Clause 36 (4)

Omit the subclause.

Clause 62 Minimum licence fees

Omit clause 62 (b). Insert instead:

(b) nightclub licence—$1,000,

1997 No 63

Liquor Amendment (Nightclub Licences) Regulation 1997

Schedule 1 Amendments

1. Clause 89 Completion of course of instruction (section 150 of the Act)

   Insert “a nightclub licence,” after “hotelier’s licence,”.

2. Clause 92

   Insert after clause 91:

   92 Transitional provisions

(1)	In this clause, licence means a licence in respect of which a variation of trading hours under section 32 (3) of the Act is in force because of clause 47 of Schedule 1 to the Act.
(2)	Clauses 20, 36 and 62, as in force immediately before the commencement of this clause, continue to apply to a licence, a licensee and premises the subject of a licence while the licence remains in force.