Liquor Act 1982 Liquor Amendment Regulation 1999 (1999-655) [GG No 141 of 17.12.1999, p 11910] (NSW)
1999 No 655
| Liquor Amendment Regulation 1999 | New South Wales |
| 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 amend the Liquor Regulation 1996:
| (a) | to make provision for public notification and display of applications for community liquor licences and dine-or-drink authorities relating to nightclub licences, and |
| (b) | to allow premises that are the subject of a community liquor licence to use the terms “bar” and “community hotel” in their names and signage, and |
| (c) | to prescribe the form of notice relating to the presence of minors on premises that must be displayed on premises that are the subject of a community liquor licence, and |
| (d) | to provide that clauses 24C (Advertising of restaurant) and 24D (Increase in seated dining positions) of the Liquor Regulation 1996 apply only to restaurants whose on-licence is endorsed with a dine-or-drink authority and not to nightclubs, and to provide that clause 24E (Display of notice advising public of dine-or-drink authority) applies to both restaurants and nightclubs with such authorities, and |
| (e) | to prescribe additional offences as penalty notices offences for the purposes of section 145A of the Liquor Act 1982, being offences under sections 121 (Unauthorised sale of liquor by licensee), 122 (Sale of liquor without licence), 123 (Unlicensed premises) and 135 (Carrying of liquor for sale) of that Act, |
| Published in Gazette No 141 of 17 December 1999, page 11910 | Page 1 |
| [16] | |
| 1999 No 655 | |
| Liquor Amendment Regulation 1999 | |
| Explanatory note |
and to amend the schedule of penalty notice provisions (Schedule 3) to include the Infringement Processing Bureau Codes for each offence listed in the schedule, and
| (f) | to make other amendments of a minor or consequential nature. |
This Regulation is made under the Liquor Act 1982, including sections 23AD, 37,
54BA, 91, 116C, 145A and 156 (the general regulation-making power).
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1999 No 655
| Liquor Amendment Regulation 1999 | Clause 1 |
| Liquor Amendment Regulation 1999 |
1 Name of Regulation
This Regulation is the Liquor Amendment Regulation 1999.
2 Commencement
This Regulation commences on 17 December 1999.
3 Amendment of Liquor Regulation 1996
The Liquor Regulation 1996 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
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1999 No 655
Liquor Amendment Regulation 1999
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 3 Definitions
Insert in clause 3 (1) in alphabetical order:
Infringement Processing Bureau
means the Infringement to the offence by the Infringement Processing Bureau.
Processing Bureau within the Police Service.
[2] Clause 15 Definition
Insert after clause 15 (1) (c1):
(c2) an application for a dine-or-drink authority:
(i) that is intended to be endorsed on an existing nightclub licence, or (ii) that is made in conjunction with an application for a nightclub licence (being a nightclub licence on which the authority is intended to be endorsed), or
[3] Clause 16 Applications to be advertised in newspapers
Omit clause 16 (1A). Insert instead:
(1A) This clause applies to an application other than:
(a)
an application for a dine-or-drink authority that is intended to be endorsed on:
(i) an existing on-licence relating to a restaurant, or an application that relates to a community liquor licence.
(ii)
an existing nightclub licence, or
(b)
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1999 No 655
Liquor Amendment Regulation 1999
| Amendments | Schedule 1 |
[4] Clause 16 (4)
Omit the subclause. Insert instead:
(4) For the purposes of subclause (1):
(a) an application for a dine-or-drink authority made in conjunction with an application for an on-licence relating to a restaurant and an application for an on-licence to which the authority relates, or (b) an application for a dine-or-drink authority made in conjunction with an application for a nightclub licence and an application for a nightclub licence to which the authority relates, may be contained in the same advertisement.
[5] Clause 16A
Insert after clause 16:
16A Advertising of community liquor licence applications An applicant must advertise an application that relates to a community liquor licence:
(a) in a local newspaper that circulates in the area in which the licensed premises to which the application relates are, or will be, located, and (b) in accordance with clause 16 (2) and (3).
[6] Clause 20 Prohibited names
Insert “premises to which a community liquor licence relates,” after
“nightclub,” in clause 20 (2) (a).[7] Clause 20 (6)
Insert after clause 20 (5):
(6) For the purposes of section 91 (2E) of the Act, the name
“community hotel” is permitted for use in relation to licensed
premises to which a community liquor licence relates.
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Liquor Amendment Regulation 1999
| Schedule 1 | Amendments |
[8] Clause 24C Advertising of restaurant
Insert “that is endorsed on an on-licence relating to a restaurant” after
“dine-or-drink authority”.[9] Clause 24D Increase in seated dining positions
Omit “authorising”. that authorises”.
[10] Clause 24E Display of notice advising public of dine-or-drink authority
Insert “(whether endorsed on an on-licence relating to a restaurant or on a nightclub licence)” after “dine-or-drink authority” where firstly occurring.
[11] Clause 24E (a)
Omit the paragraph. Insert instead:
(a) a notice is to be displayed, at or near the main public entrance to the restaurant or nightclub, that clearly indicates that the restaurant or nightclub is a dine-or-drink venue, and that clearly states the percentage of seated dining positions available for diners under the authority (for example, in the case of a restaurant, “Dine-or-drink-This licensed restaurant serves diners and drinkers, with 70% of seats reserved for diners.” or, in the case of a nightclub, “Dine-or- drink-Prior to 8pm, this nightclub serves diners and drinkers, with 70% of seats reserved for diners.”), and
[12] Clause 29 Restrictions on selling or supplying liquor under licences
Omit clause 29 (a) (ii).
[13] Clause 36B
Insert after clause 36A:
36B Community liquor licence—notice to be displayed (1) For the purposes of section 116C (3B) of the Act, a notice
referred to in that subsection must be in the following form:
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Liquor Amendment Regulation 1999
| Amendments | Schedule 1 |
Liquor Act 1982 in) these premises at any time they are open for the sale or supply of liquor unless you are in the company and immediate presence of a responsible adult.
(2) The wording in the notice must be legible and prominent. (3) The notice must be displayed at or near the main public entrance to the premises and in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.
[14] Clause 86 On-licence (restaurant) or nightclub licence with a motel—number of rooms
Insert “, 54BA (1A)” after “sections 53 (2)”.
[15] Clause 88 Short descriptions of offences
Omit clause 88 (1) (a) and (b). Insert instead:
(a)
if one or more IPB codes are set out in relation to the offence in Column 3 of Schedule 3, any of those IPB codes together with:
(i)
the text set out in relation to the offence in Column 2 of Schedule 3, or
(ii)
if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or
(b)
if no IPB code is set out in relation to the offence in Column 3 of Schedule 3:
(i)
the text set out in relation to the offence in Column 2 of Schedule 3, or
(ii)
if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.
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Liquor Amendment Regulation 1999
| Schedule 1 | Amendments |
[16] Schedule 3
Omit the Schedule. Insert instead:
Schedule 3 Penalty notice offences (Clauses 87, 88)
Column 1 Column 2 Column 3 Offences Short IPB Codes descriptions Section 103 (3) fail to leave 1169, 6069 licensed premises Section 113 minor using false 1571, 6544 evidence of age to
obtain entry/
remain/obtain
liquorSection 114 (1) sell/supply liquor 1572, 6535 to a minor Section 114 (3) allow liquor to be 1573, 6513, 2198, sold/supplied to 6555 minor Section 114 (4) obtain liquor on 1574, 6536 behalf of minor Section 115 (1) minor consuming/ 1575, 6545, 1576, obtaining/ 6546, 1577, 6547 attempting to
obtain/carrying
away/attempting to
carry away liquor
on/from licensed
premisesSection 115 (3) send/order/request 1578, 6537 minor to/to go to licensed premises to obtain liquor
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Liquor Amendment Regulation 1999
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Offences Short IPB Codes descriptions Section 116 licensee allowing 1579, 6514 minor to sell/
supply/serve liquorSection 116A (1) minor entering/ 1580, 6548 remaining in
restricted area of
hotelSection 116A (2) unaccompanied 1581, 6549 minor entering/
remaining in
unauthorised part
of hotelSection 116A (4) unaccompanied 1582, 6550 minor entering/
remaining in
nightclubSection 116A (5) minor entering/
remaining in
restaurant during
restricted periodSection 116A (6) minor entering/
remaining in
community liquor
licence premisesSection 116B (1) (a) minor entering 1583, 6515 restricted area of
hotelSection 116B (1) (b) minor entering 1584, 6516 unauthorised part
of hotelSection 116B (1) (c) minor entering 1585, 6517 nightclub
(nightclub trading
period)
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Liquor Amendment Regulation 1999
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Offences Short IPB Codes descriptions Section 116B (1) (d) minor entering
restaurant during
restricted periodSection 116B (1) (e) minor entering
community liquor
licence premisesSection 116B (2) (a) fail to remove 1586, 6518 minor (restricted
area of hotel)Section 116B (2) (b) fail to remove 1587, 6519 minor (hotel
authorised area)Section 116B (2) (c) fail to remove 1588, 6520 minor (nightclub) Section 116B (2) (d)
failure to remove minor (restaurant restricted period)
Section 116B (2) (e) fail to remove
minor (community
liquor licence)Section 116C (1) fail to display 1591, 6530, 1592, notice about 6531 minors in restricted
area/partSection 116C (3) fail to display 1593, 6521 minors notice
(nightclub trading
period)Section 116C (3A)
fail to display minors notice (restaurant
restricted period)
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Liquor Amendment Regulation 1999
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Offences Short IPB Codes descriptions Section 116C (3B)
fail to display minors notice (community liquor
licence) Section 116D (a) permit minor to 1594, 6542 consume alcohol
on premisesSection 116D (b) leave minor on 1595, 6543 premises without
first informing
licenseeSection 117A (2) suspected minor 1596, 6551, 1697, refusing/failing to 6552 state name or
address/produce
evidence of ageSection 117B licensee/employee 1598, 6522 failing to refuse
minor entry to
premises/part of
premisesSection 117C (1) minor using/ 1599, 6532 operating
amusement device
(offence by
licensee)Section 117D (1) minor using/ 1600, 6553 operating
amusement deviceSection 117E (2) minor providing 1601, 6554 false/misleading
information to get
age evidence
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Liquor Amendment Regulation 1999
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Offences Short IPB Codes descriptions Section 117E (3) person providing/ 1602, 6538 certifying
false/misleading
information for
age evidenceSection 118 (1) fail to close/keep 1603, 6533 closed restricted area/area where liquor sold or
supplied Section 118 (2) fail to close/keep 1604, 6523 closed
counter/place
where liquor sold
or suppliedSection 119 (1) keep premises 1605, 6524, 1606, open for liquor 6525 sale or supply/sell
or supply liquor
outside hoursSection 121 (1) unauthorised sale/ 0055, 7490 supply of liquor Section 121 (2) unauthorised sale/ 0059, 7491 supply of liquor by
agent/servant/
person on behalf
of authorised
personSection 122 (1) sell liquor/cause/ 0060, 7492 suffer liquor to be
sold without
licence
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Liquor Amendment Regulation 1999
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Offences Short IPB Codes descriptions Section 122 (3) advertise for 0082, 7493 purchase/supply/ delivery of liquor from unlicensed premises
Section 123 (1) unlicensed 0118, 7494 premises Section 123 (2) licensee sell/ 0120, 7495 employ/permit
another person to
sell/liquor on/in
unauthorised
premises/placeSection 123 (3) be on unlicensed 0131, 7496 premises Section 124 carry on business 1607, 6539 as brewer without
brewer’s licenceSection 125 (1) (b) permit 1608, 6526 intoxication/
indecent/violent/
quarrelsome
conduct on
premisesSection 125 (3) sell/supply liquor 1609, 6540 to intoxicated
person on premisesSection 126 (1) permit/suffer 1610, 6527, 1611, gaming/unlawful 6528, 1612, 6529 game on premises Section 126 (2) servant/person in 1613, 6541 charge permitting unlawful game on premises
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Liquor Amendment Regulation 1999
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Offences Short IPB Codes descriptions Section 129 (1) (a) fail/refuse to pay 1170, 6069, 1171, for liquor/meal/ 6070, 1171, 6071 accommodation Section 129 (1) (b) avoid demand to 1173, 6072, 1174, pay for 6073, 1175, 6074 liquor/meal/
accommodationSection 135 (1) (a) carry liquor about 0132, 7497 for sale Section 135 (1) (b) unlawfully 0133, 7498, offer/expose liquor
for saleSection 135 (1) (c) carry liquor for 0134, 7499 sale to unlawful
place
BY AUTHORITY
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