Liquor Act 1982 (NSW)
An Act to regulate the sale and supply of liquor, to regulate the use of premises on which liquor is sold and for certain other purposes.
This Act may be cited as the Liquor Act 1982.
Sections 1 and 2 shall commence on the date of assent to this Act.
Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
A primary object of this Act is liquor harm minimisation, that is, the minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). The court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for liquor harm minimisation when exercising functions under this Act. In particular, due regard is to be had to the need for liquor harm minimisation when considering for the purposes of this Act what is or is not in the public interest.
(Repealed)
Schedule 1 has effect.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
(a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or
(b) a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or
(c) a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code.
(a) the Director-General of the Department of Gaming and Racing, or
(b) an officer of the Department of Gaming and Racing who is listed in Schedule 3B to the Public Sector Management Act 1988, or
(c) an officer of the Department of Gaming and Racing who is not referred to in paragraph (a) or (b) but is the subject of a current written order by the Director-General of the Department that has been served on the officer and is to the effect that the officer is a key official for the purposes of this Act, or
(d) the Director of Liquor and Gaming, or
(e) the Commissioner of Police, or
(f) a member of the Police Service Senior Executive Service, or
(g) a police officer who holds the position of Patrol Commander or a higher position but is not referred to in paragraph (e) or (f), or
(h) a member of the Police Service who is not referred to in paragraph (e), (f) or (g) but is the subject of a current written order by the Commissioner of Police that has been served on the member and is to the effect that the member is a key official for the purposes of this Act.
(a) in the case of an on-licence to sell liquor at a function—the premises or part of premises in which the function is held, or
(a1) in the case of a caterer’s licence:
(i) premises or part of premises that comprise the commercial kitchen specified in the licence as the commercial kitchen to which the licence applies, and
(ii) premises or part of premises in which a function, occasion or event is being held and at which the holder of the licence is selling liquor under the authority of the licence, or
(b) in the case of any other licence to sell liquor—the premises or part of premises on which the sale of liquor is authorised by the licence.
(c) (Repealed)
(a) a beverage which, at 20° Celsius, contains more than 1.15 per cent ethanol by volume, and
(b) anything that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits, and
(c) any other substance prescribed by the regulations as liquor.
(a) (unless paragraph (b) applies) the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or
(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.
(a) that affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of or conduct of business on licensed premises, and
(b) that is entered into in writing between two or more licensees (or between one or several licensees and one or several clubs registered under the Registered Clubs Act 1976), with the approval of the Commissioner of Police or a delegate of the Commissioner, for the purpose of eliminating or reducing alcohol-related violence or anti-social behaviour or other alcohol-related harm.
(a) undiluted and unadulterated liquor (other than wine of the grape) which, at 20° Celsius, contains 3.5 per cent or less ethanol by volume,
(b) undiluted and unadulterated wine of the grape which, at 20° Celsius, contains 6.5 per cent or less ethanol by volume.
(a) an incorporated or unincorporated body or association of persons (including a registered or unregistered club) that, by its constitution or any law that governs its activities:
(i) is required to apply its profits (if any) and other income to the promotion of its objects or to purposes provided for by any such law, and
(ii) is prohibited from paying dividends, or distributing profits or income, to its shareholders or members, or
(b) a local council, or
(c) the Darling Harbour Authority, or
(d) the Sydney Harbour Foreshore Authority, or
(e) any public authority declared by order of the Minister, published in the Gazette, to be a non-proprietary association for the purposes of this definition.
(a) a permanent on-licence (function), or
(b) a temporary on-licence (function).
(a) a licensee, or
(b) a registered club, or
(c) a person who is authorised, by the law of another State or a Territory of the Commonwealth, to sell liquor, or
(c1) any person who sells or supplies liquor (otherwise than as referred to in section 6 (1) (c)–(f) or (2)) whether in New South Wales or elsewhere but is not required by the Act to hold a licence in respect of the sale or supply of liquor in New South Wales, or
(d) a person who is prescribed, or who belongs to a class of persons that is prescribed, for the purposes of this paragraph.
(a) issued by the Roads and Traffic Authority under section 117EA, or
(b) issued by a public authority of the Commonwealth, or of another State or Territory, for the purpose of attesting to the identity and age of the holder.
(a) by reference to the relationship between the person and the minor, or
(b) in some other manner.
(a) a dining room in which meals are being served,
(b) a part of the premises in respect of which a minors functions authority or an authorisation under section 112 is in force whenever it operates to authorise the use by a minor of that part, or
(c) a part of the premises in which liquor is, otherwise than as authorised under section 21 (2), sold or supplied exclusively to lodgers or inmates or both.
(a) barter or exchange,
(b) offer, agree or attempt to sell,
(c) expose, send, forward or deliver for sale,
(d) cause or permit to be sold or offered for sale, and
(e) (Repealed)
In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the registrar in relation to any application, licence or licensed premises is a reference to the registrar for the prescribed place at which the court would sit to hear the application or, as the case may be, an application relating to the licence or licensed premises.
Where the situation of the licensed premises is relevant for any purpose relating to an on-licence for a vessel or an aircraft, the licensed premises shall be deemed to be situated:
(a) in the case of a vessel—at the usual port or place of departure or arrival of the vessel, or
(b) in the case of an aircraft—at Sydney.
Where the situation of the licensed premises is relevant for any purpose relating to a caterer’s licence, the licensed premises are taken to be situated at the commercial kitchen to which the licence applies.
For the purposes of this Act, a licence is removed if, with the consent of the court given otherwise than pursuant to section 93, the authority conferred by the licence ceases to be exercisable at the premises to which the licence relates at the time of the grant of the application for removal and becomes exercisable at the premises to which the removal was sought.
A requirement under this Act to produce a record is, where the record is not written or not written in the English language, a requirement to produce a statement, written in the English language, setting forth such of the particulars in the record as are not written or are not written in the English language.
In this Act, a reference to the exercise of a function includes a reference to the exercise or performance of a power, authority or duty.
In this Act, a reference to the secretary of a non-proprietary association is a reference:
(a) in the case of a local council—to the general manager of the local council, or
(b) in the case of a body referred to in paragraph (c), (d) or (e) of the definition of
non-proprietary association —to the chief executive officer (however described) of the body.
For the purposes of Schedule 4 or 5, a reference to a Statistical Subdivision or Statistical Local Area is a reference to a Statistical Subdivision or Statistical Local Area as determined by the Australian Bureau of Statistics.
Notes included in this Act do not form part of this Act.
For the purposes of this Act, a person is a
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee that is or will be carried on under the authority of the licence, and by virtue of that interest or power is or will be able (in the opinion of the court or the Director) to exercise a significant influence over or with respect to the management or operation of that business, or
(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee that is or will be carried on under the authority of the licence.
In this section:
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or
(c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of licensed premises to receive rent as lessor of the premises).
(a) the position of director, manager or secretary, or
(b) any other position, however designated, if it is an executive position.
(a) to participate in any directorial, managerial or executive decision, or
(b) to elect or appoint any person to any relevant position.
A financial institution is not a close associate within the meaning of this section by reason only of having a relevant financial interest in relation to a business.
A reference in this Act to a position of authority in a body corporate is a reference to the position of chief executive officer, director or secretary of the body corporate.
A person who occupies a position of authority in a body corporate is to be regarded as interested in an application for a licence made by the body and as interested in the business of the licensed premises to which a licence held by the body corporate relates.
A person who is a shareholder in a body corporate is not (merely because of being a shareholder) to be regarded as a person who will be interested in an application for a licence made by the body corporate or in the business, or the profits or conduct of the business, to be carried on pursuant to the licence applied for or of the licensed premises to which a licence held by the body corporate relates.
In this Act:
An apartment complex that comprises separately owned apartments providing self-contained accommodation and that is operated to provide motel-style temporary accommodation to travellers is taken to be a motel for the purposes of this Act.
An apartment in such a complex is not taken to be part of the motel if the apartment:
(a) is used as a private residence (and not for the temporary accommodation of travellers), or
(b) is not the subject of the agreement or other arrangement under which apartments in the complex are operated to provide motel-style temporary accommodation.
A restaurant or nightclub that forms part of an apartment complex that is a motel under this section is, if the restaurant or nightclub is managed and operated as part of the complex, taken to form a contiguous part of the motel, for the purpose of enabling the licensed premises of the restaurant or nightclub to be defined to include the motel.
For the purposes of this Act, Sydney is a prescribed place.
The regulations may declare any city, town or other place to be a prescribed place for the purposes of this Act.
Where a city, town or other place ceases to be a prescribed place, the regulations may include such provisions of a saving or transitional nature as are necessary or convenient as a consequence of that city, town or other place ceasing to be a prescribed place.
Nothing in this Act applies to or in respect of the sale of:
(a) (Repealed)
(b) liquor on such trains under the control of the Rail Corporation New South Wales as are determined by the Corporation,
(c) spirituous or distilled perfume where the sale is as perfumery only and not for drinking,
(d) liquor where the sale is for medicinal purposes only and is made by:
(i) a registered medical practitioner, or
(ii) a nurse authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner, or
(iii) a midwife authorised under that Act to practise as a midwife practitioner, or
(iv) a person registered as a pharmacist under the Pharmacy Practice Act 2006,
(e) liquor at the time it is auctioned by an auctioneer who is the holder of an off-licence, but only to the extent that the owner of the liquor would otherwise be required to be the holder of a licence, the liquor is auctioned on the premises to which the licence relates (or, in circumstances prescribed by the regulations, at other premises) and the auction is on behalf of a person not authorised to sell liquor on those premises at the time of the auction,
(f) liquor taken in execution or under similar process, or forfeited to the Crown, where the sale is by the sheriff or a sheriff’s officer, or a bailiff or a member of the police force,
(g) liquor where the sale is made by or on behalf of the master or captain for the time being of a vessel engaged in interstate or overseas voyages where the liquor is sold at a function held on board the vessel and the proceeds are given to a charity,
(h) liquor where the sale is authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth, or
(i) liquor where:
(i) the sale is made as part of a sale of flowers or food designed to be delivered as a gift to a person (not being the purchaser) specified by the purchaser,
(ii) the liquor is delivered together with the flowers or food to the person so specified at a place other than the premises at which the business of the vendor is conducted,
(iii) the liquor has been purchased by the vendor from the holder of a hotelier’s licence or an off-licence to sell liquor by retail, and
(iv) the volume of liquor supplied in respect of each gift delivered by the vendor does not exceed 2 litres.
Nothing in this Act applies to or in respect of the sale or supply of liquor:
(a) to a person who is not a minor and who is accommodated in a nursing home within the meaning of the Public Health Act 1991 and who receives nursing care, if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the nursing home, or
(b) to a person who is not a minor and:
(i) who is an in-patient of a public hospital within the meaning of the Health Services Act 1997, or
(ii) who is a patient of a private hospital within the meaning of the Private Hospitals and Day Procedure Centres Act 1988, or
(iii) who is an in-patient of any other medical facility of a class prescribed by the regulations,
if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the hospital or facility.
A Director of Liquor and Gaming may be appointed under Part 2 of the Public Sector Management Act 1988.
The Minister may delegate to a person any function conferred or imposed on the Minister by this Act, other than this power of delegation.
The Commissioner of Police may delegate to a person any function conferred or imposed on the Commissioner by this Act, other than this power of delegation.
The person to whom a function has been delegated by the Minister or the Commissioner of Police may delegate the function to another person, subject to any conditions to which the delegation by the Minister or the Commissioner is subject.
The Director may delegate to a person any function conferred or imposed on the Director by this Act, other than this power of delegation.
The Director-General of the Department of the Arts, Sport and Recreation may delegate any of the Director-General’s functions under this Act in relation to key officials and former key officials (including the granting of approvals and exemptions under sections 105A and 105B):
(a) to the Commissioner, NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation, or
(b) if there is no such position in that Department—to a senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002) employed in the NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation.
The Licensing Court of New South Wales is a court of record with the prescribed seal and is constituted as provided by sections 9 and 10.
The court has the jurisdiction and powers conferred on it by or under this or any other Act and shall record its decisions in such manner as it thinks fit.
Subject to this Act, the court, wherever sitting, has jurisdiction throughout New South Wales.
The Governor may:
(a) appoint as licensing magistrates not less than 3 persons each of whom is a Magistrate or a person eligible to be appointed as a Magistrate, and
(b) by the same or a different instrument, appoint one of those persons as Chairperson of the Licensing Court of New South Wales and another of them as Deputy Chairperson of the Licensing Court of New South Wales.
In the absence of the Chairperson, the Deputy Chairperson shall be deemed to be the Chairperson.
Subject to this section, a licensing magistrate:
(a) holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment,
(b) is eligible for re-appointment,
(c) may not, without the approval of the Governor, engage in any business or employment outside the duties of his or her office, and
(d) is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.
A licensing magistrate who is a Magistrate with limited tenure within the meaning of the Local Courts Act 1982 is entitled to be paid (and is taken always to have been entitled to be paid) remuneration payable in respect of Magistrates with limited tenure under section 24 (2) of that Act.
The Public Service Act 1979 does not apply to or in respect of:
(a) the appointment of a licensing magistrate, or
(b) a licensing magistrate during his or her term of office as such,
but a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was a Magistrate does not, by reason of that appointment, cease to be a Magistrate and a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was not a Magistrate becomes, by virtue of that appointment, a Magistrate.
Subsection (4) does not affect any right accrued or accruing under the Public Service Act 1979 or the Superannuation Act 1916 at the time of his or her appointment to a person appointed as a licensing magistrate and the person may continue to contribute to any fund or account, and is entitled to receive any payment, pension or gratuity, as if subsection (4) had not been enacted.
A person holding office as licensing magistrate is taken to hold the office on a part-time basis:
(a) if, immediately before being appointed to the office, the person was a part-time Magistrate within the meaning of the Local Courts Act 1982, or
(b) if the person became a Magistrate by virtue of being appointed to the office and:
(i) the person’s appointment as a licensing magistrate is expressed, in the instrument by which the person is appointed, to be on a part-time basis, or
(ii) although not appointed on a part-time basis, the person, by agreement in writing entered into with the Chief Magistrate, exercises the functions of the office of licensing magistrate on a part-time basis.
A licensing magistrate vacates his or her office as such if he or she resigns the office by writing under his or her hand addressed to the Minister and the Governor accepts the resignation.
If the Chairperson, or the Deputy Chairperson, ceases to hold office as a licensing magistrate, he or she ceases to hold office as Chairperson or, as the case may be, as Deputy Chairperson and, if a licensing magistrate ceases to hold office as a Magistrate, he or she ceases to hold office as a licensing magistrate.
Except to the extent that this Act otherwise provides, the Licensing Court of New South Wales is constituted by:
(a) a licensing magistrate sitting alone,
(b) a Magistrate (other than a licensing magistrate) sitting alone in accordance with a delegation to him or her of any or all of the jurisdiction of a licensing magistrate (either generally or in a particular case) by the Chairperson, or
(c) if the Chairperson so directs (either generally or in a particular case)—2 or more licensing magistrates.
Where the court is constituted as provided by subsection (1) (c):
(a) the Chairperson is to preside if the Chairperson is sitting, or
(b) the Deputy Chairperson is to preside if the Deputy Chairperson is sitting and the Chairperson is not, or
(c) where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson is to preside.
Where the court is constituted as provided by subsection (1) (c) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.
The court may not be constituted under subsection (1) (c) for the hearing and determination of the matter of a complaint under section 67 except by leave of the Chairperson given on the application of all the parties.
A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.
For the purpose of hearing and determining an appeal to the court under this or any other Act, the Licensing Court of New South Wales is constituted by:
(a) 3 or more licensing magistrates, or
(b) if the Chairperson so directs—2 licensing magistrates sitting with a Magistrate (other than a licensing magistrate) appointed by the Chairperson,
none of whom constituted, or was a member of, the court from the adjudication of which the appeal lies.
Where the court is constituted as provided by subsection (1):
(a) the Chairperson shall preside if he or she is sitting,
(b) the Deputy Chairperson shall preside if he or she is sitting and the Chairperson is not, or
(c) where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson shall preside.
Where the court is constituted as provided by subsection (1) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.
A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.
Sittings of the court shall be held at prescribed places.
The sittings and constitution of the court pursuant to section 9 or 10 shall be arranged by the Chairperson or, to the extent directed by the Chairperson, by the Deputy Chairperson.
The venue for the hearing of a matter by the court shall be laid as provided by the regulations.
A person is disqualified from sitting in or as the court for the hearing and determination of a matter under this Act if:
(a) the person is beneficially interested in the manufacture or sale of liquor,
(b) the person has a beneficial interest in any licensed premises or any premises proposed as licensed premises,
(c) the person holds a licence,
(d) the person is beneficially interested in a trade or calling carried on under a licence,
(e) a person to or with whom the person is, in such manner (if any) as may be prescribed, related or connected is the holder of a licence in respect of premises in the neighbourhood of the premises in relation to which the matter is to be heard and determined, or
(f) the person is beneficially interested in a trade or calling carried on under a licence relating to premises referred to in paragraph (e).
A reference in subsection (4) to a licence includes a reference to a gaming-related licence within the meaning of the Gaming Machines Act 2001.
Except to the extent that this Act otherwise provides, proceedings before the court:
(a) shall, except in the case of proceedings under section 145, be instituted by application, and
(b) shall, as nearly as practicable, be regulated in the same way as summary proceedings before a Local Court.
In any proceedings before it other than proceedings under section 145 of this Act, section 197 of the Gaming Machines Act 2001 or section 65 of the Registered Clubs Act 1976, the court:
(a) is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit, and
(b) shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.
Parts 2–4 of Chapter 4 of the Criminal Procedure Act 1986 apply to proceedings for offences dealt with by the Licensing Court.
The magistrate who constitutes the court or, where the court is constituted by more than 1 magistrate, the presiding magistrate, may take, administer or cause to be taken or administered any oath, declaration, affirmation or deposition relating to a proceeding before the court.
Part 4 of Chapter 4 of the Criminal Procedure Act 1986 applies to proceedings in the Licensing Court (not being criminal proceedings) in the same way as it applies to criminal proceedings in that Court.
(Repealed)
The business of the court may be conducted in the absence of the public:
(a) in the case of an application to which no objection has been taken, and
(b) in such other cases as may be prescribed.
Where the court finds a person guilty of contempt of the court:
(a) it may require the person to pay a penalty not exceeding 10 penalty units and may, in default of payment of the penalty, by warrant under the seal of the court and the hand of the only or presiding magistrate, commit that person to prison for a term not exceeding 14 days or until the fine is sooner paid, or
(b) it may, by a like warrant, commit the person to prison for a term not exceeding 14 days.
The court may at any stage of proceedings adjourn the proceedings in an application or matter generally or to a specified time or place.
If the court is not constituted in accordance with this Act because a member of the court is absent, any member of the court who is present, or if no member of the court is present a registrar, may adjourn the court or the hearing of any application of the matter.
An adjournment of proceedings may be in such terms as to costs or otherwise as the court thinks fit.
This section does not apply to proceedings for offences dealt with by the court.
On the hearing of an application under this or any other Act, the court may, of its own motion, or on such terms as to costs or adjournment as it thinks fit, on the application of a party to proceedings:
(a) permit the lodging or amendment of any notice or of any document or instrument necessary to the proceedings before the court, and
(b) disregard any omission, error, defect or insufficiency in respect of the giving, serving, affixing, keeping affixed, advertising or publishing of the document or instrument or any other matter or thing not going to the substance of the matter before the court.
This section does not apply to proceedings for offences dealt with by the court.
The costs of any proceedings in the court (other than proceedings for an offence) including the costs of any ancillary proceedings shall be paid by or apportioned between the parties in such manner as the court in its discretion orders and, in default of any such order, follow the event.
If the court orders an applicant under Part 3 to pay costs, the court may also order that a person who is directly interested in the application, or in the business (whether proposed or actual) to which the application relates, or in the profits of that business, is to be jointly and severally liable (with the applicant) for the payment of those costs.
Except in such circumstances as may be prescribed, costs shall not be awarded against an unsuccessful opponent of an application or a complainant on the grounds specified in section 68 (1) (d) if the court is satisfied:
(a) that the person opposing the application or making the complaint had no direct or indirect pecuniary interest in the refusal of the application and no expectation of such an interest, and
(b) that his or her opposition or complaint was not malicious, vexatious or frivolous.
Where an order for an amount of costs and expenses is made under subsection (1) and the prescribed documents are filed in the office of a Local Court having jurisdiction under the Civil Procedure Act 2005 at or nearest the prescribed place at which the application that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of that amount in accordance with the order of the court.
The Governor may, under and subject to the Public Service Act 1979, appoint a Principal Registrar and a registrar of the court for each prescribed place other than Sydney.
Until some other person is appointed as registrar of the court for a prescribed place, the registrar of the court for the prescribed place is the person for the time being holding, or discharging the functions of, the office of registrar of the Local Court at the prescribed place or, if there is no such person, at another place specified by the Minister instead of the prescribed place, by order published in the Gazette.
The Principal Registrar is the registrar of the court at Sydney.
The regulations may provide for the exercise by the Principal Registrar of the jurisdiction of the court in relation to a matter to which there has been no objection.
A reference in this Act to the court includes, if the jurisdiction of the court is exercised by a registrar in accordance with this Act or the regulations, a reference to the registrar, except as otherwise provided by this Act.
If a registrar grants a licence or exercises any other function of the court in accordance with this Act or the regulations, the registrar may impose any conditions that the court could impose in those circumstances, except as otherwise provided by this Act.
In any proceedings under this or any other Act in which the court is dealing with a complaint against a person or body (not being proceedings for an offence), the court has, despite any other law, the following powers and discretions:
(a) the court may, in imposing a penalty or making any decision in relation to the complaint, take into account the deterrent effect, or punitive effect, or both, of the penalty or decision,
(b) the court is not required, in imposing a penalty or making any decision in relation to the complaint, to take into account any action taken by any person or body to rectify or mitigate the subject-matter of the complaint.
(Repealed)
Subject to this Act, the court may grant a licence in a form approved by the Board authorising the licensee to sell liquor on the premises specified in the licence.
The court may, under subsection (1), grant:
(a) a hotelier’s licence, being a licence that is granted as a hotelier’s licence and, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises,
(b) an off-licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption otherwise than on those premises,
(c) an on-licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises, or
(d) a caterer’s licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor at a function, occasion or event held on any premises, or part of premises, on which the licensee provides catering services, but only for consumption on those premises, or
(e) a nightclub licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises, or
(f) a community liquor licence, being a licence that is granted as a community liquor licence and, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises.
An off-licence may be:
(a) a licence to sell liquor by retail,
(b) a licence for a vigneron,
(c) a licence to sell liquor to persons authorised to sell liquor,
(d) a licence for a brewer, or
(e) a licence to auction liquor on behalf of a person not authorised to sell liquor.
The premises in relation to which an on-licence (other than an on-licence to sell liquor at a function) may be granted are:
(a) premises at an airport,
(b) a public hall,
(c) a restaurant,
(c1) a motel,
(d) a theatre,
(e) premises within a university that are occupied by a union, association or club within the university,
(f) a vessel or an aircraft, and
(g) any premises in respect of which a certificate given by the Board under section 74A is in force.
An on-licence to sell liquor at a function may be:
(a) an on-licence (referred to in this Act as a
permanent on-licence (function) ) that is granted on a permanent basis for the purposes of functions to be held while the licence is in force, or(b) an on-licence (referred to in this Act as a
temporary on-licence (function) ) that is granted on a temporary basis for the purposes of not more than 3 functions to be held during the year in which the licence is in force.
An on-licence to sell liquor at a function may only be granted to:
(a) a person on behalf of a non-proprietary association, or
(b) a person in respect of a trade fair.
A permanent on-licence (function) authorises the licensee to sell and supply liquor at:
(a) the functions approved by the court when granting the licence to be held within the first year during which the licence is in force, and
(b) any additional functions approved by the court on application subsequently made by the licensee.
A temporary on-licence (function) authorises the licensee to sell and supply liquor at not more than 3 functions approved by the court when granting the licence.
A community liquor licence may be granted only to a person on behalf of a non-proprietary association.
On application by the holder of a hotelier’s licence, the court (or, if there is no objection to the application, the registrar) may authorise the sale of liquor at a function to be held on premises other than the premises to which the hotelier’s licence relates. The application must be dealt with as prescribed by the regulations and is to be granted only if the court or the registrar is satisfied that the circumstances in which the function concerned is proposed to be held comply with any prescribed requirements.
The provisions of section 51 apply to an application under subsection (6) in the same way as they apply to an application for a temporary on-licence (function).
On the granting of an application under subsection (6):
(a) the hotelier’s licence is taken, for the purpose of authorising the sale of liquor at the function concerned, to operate as a temporary on-licence (function), and
(b) the conditions prescribed by section 23AB and section 51B (2) apply to the hotelier’s licence, except as provided by subsection (6C), and
(c) the provisions of sections 23AC and 29, and any conditions prescribed by the regulations, apply in respect of the function.
If a function referred to in subsection (6) is held on premises that are adjacent to the premises to which the hotelier’s licence relates, the conditions prescribed by section 23AB (5) may be complied with as though the reference in those conditions to the licensee were a reference to an employee or agent of the licensee.
Notwithstanding anything in this Act, the authority conferred by a licence referred to in subsection (3) (a), (b) or (c) extends to supplying liquor to customers and intending customers for consumption on the licensed premises if the liquor:
(a) is liquor that the licensee is authorised to sell,
(b) is supplied gratuitously, and
(c) is consumed for tasting purposes only.
Notwithstanding subsection (3) (c), the authority conferred by a licence referred to in that paragraph includes authority, to the extent provided in section 22 and subject to section 22 (2A), to sell liquor to employees of the licensee.
Subsections (1) and (2) do not authorise the court to grant a new hotelier’s licence unless it is satisfied that an existing hotelier’s licence is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.
Subsections (1) and (2) do not authorise the court to grant a new off-licence of the kind referred to in subsection (3) (a) unless it is satisfied that an existing off-licence of that kind is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.
Subsections (1) and (2) do not authorise the court to grant an on-licence in relation to premises if the grant of the licence will result in there being an on-licence in force in relation to a motel at the same time as a separate on-licence is in force in relation to a restaurant at the motel.
Unless at least 1 month’s notice of intention to do so is given as prescribed, an objection or question based on subsection (9) or (10) may not be made or raised at the hearing of an application.
The jurisdiction of the court to grant a motel licence may be exercised by the Principal Registrar if there is no objection to the grant of the licence.
The following provisions of this Act and the regulations apply to and in respect of a motel licence in the same way as they apply to and in respect of a hotelier’s licence:
(a) provisions of the regulations as to the making, advertising and lodging of an application for a licence and as to the documents required to accompany such an application.
(b), (c) (Repealed)
The Minister may authorise the court to issue a licence, to be known as a special event licence, authorising the sale of liquor, on premises specified in the licence on a day or days so specified during which a special event is held, subject to such conditions and exemptions as the Minister may specify.
Before authorising the issue of a special event licence, the Minister may, if the Minister thinks fit, obtain a report from the Board or from the Commissioner of Police, or both, on any proposal for such an authorisation.
The Minister may:
(a) vary, add to or revoke any condition imposed, or exemption granted, in respect of a special event licence whether under subsection (1) or under any other provision of this Act, or
(b) in the absence of any such condition or exemption, impose a condition or grant an exemption and, having imposed or granted it, vary, add to or revoke it.
The Minister is not to authorise the issue of a special event licence unless the Minister is satisfied, on information supplied by the Board or otherwise, that practices will be in place at the licensed premises as soon as the licence is issued that ensure, as far as reasonably practicable, that:
(a) liquor is sold, supplied and served responsibly on the premises, and
(b) all reasonable steps are taken to prevent intoxication on the premises,
and that those practices will remain in place while the licence is in force.
A condition cannot be imposed on a special event licence except under this section.
With the consent of the licensee, the Minister may, by order in writing, suspend, for the duration of a special event licence granted in respect of any premises, another licence in force in respect of the same premises.
In this section,
The Governor may, on the recommendation of the Minister and subject to such conditions as the Minister may impose, authorise the court to issue a licence authorising the sale of liquor:
(a) in a refreshment room, or at a stall, at a specified railway station,
(a1) in the Parliamentary precincts (within the meaning of the Parliamentary Precincts Act 1997),
(b) on premises vested in the Crown or a public authority constituted by an Act,
(c) in a canteen at a construction camp specified in the licence or at works of a public nature so specified, or
(d) on premises occupied by a racing club,
subject to such conditions and exemptions as the Governor may impose and grant.
Before making a recommendation for the purposes of subsection (1), the Minister may, if the Minister thinks fit, obtain a report from the Board on any proposal that the court be authorised under subsection (1) to issue a licence.
The Minister is not to make a recommendation under subsection (1) unless the Minister is satisfied, on information supplied by the Board or otherwise, that practices will be in place at the licensed premises as soon as the licence is issued that ensure, as far as reasonably practicable, that:
(a) liquor is sold, supplied and served responsibly on the premises, and
(b) all reasonable steps are taken to prevent intoxication on the premises,
and that those practices will remain in place while the licence is in force.
The Governor may, on the recommendation of the Minister:
(a) vary, add to or revoke any condition imposed, or exemption granted, in respect of a Governor’s licence whether under subsection (1) or under any other provision of this Act, or
(b) in the absence of any such condition or exemption, impose a condition or grant an exemption and, having imposed or granted it, vary, add to or revoke it.
A condition cannot be imposed on a Governor’s licence under any other section of this Act, and any condition to which a Governor’s licence is subject cannot be varied, added to or revoked under any other section of this Act, unless the Governor has, on the recommendation of the Minister, approved of the proposed condition, variation, addition or revocation.
A licence issued under this section ceases to be in force:
(a) in the case of a licence authorising the sale of liquor at a specified railway station—if the railway station ceases to be regularly serviced by a passenger train (or a motor omnibus or other motor vehicle) operated by or on behalf of Rail Corporation New South Wales, or
(b) in the case of a licence authorising the sale of liquor on premises referred to in subsection (1) (b)—if the premises cease to be vested in the Crown or a public authority constituted by an Act, or
(c) in the case of a licence authorising the sale of liquor at a construction camp or works referred to in subsection (1) (c)—if the construction camp or works have ceased to exist, or
(d) in any case—on the expiry of a period of time, if the licence so provides.
A licence remains in force until its surrender in writing is accepted by the Board, except as provided by this section.
A special event licence or a temporary on-licence (function) expires at the latest time at which liquor may be sold or supplied under the licence.
A licence ceases to be in force:
(a) for the duration of the period of suspension, if it is suspended, or
(b) permanently, if it is cancelled,
except as provided by section 56B, 56C or 149 or by the terms of any order made under Part 9.
The provisions of this section, in so far as they apply to a licence issued in accordance with section 19, apply in addition to the provisions of section 19 (5).
(Repealed)
The court may:
(a) on the hearing of an application for the grant of a licence or of any matter relating to a licence—of its own motion or on the application of a party to the hearing or the Director or the Commissioner of Police, or
(b) at any other time—on the application of the Director or the Commissioner of Police made in relation to a licence,
impose conditions not inconsistent with this Act without prior compliance with which the grant does not take effect or to which the licence is to be subject.
A licence is subject to:
(a) prescribed conditions,
(a1) a condition that the licensee comply with any provision of the regulations under section 125C (Responsible service) with which the licensee is required to comply,
(b) any conditions imposed under subsection (1) or section 18A or 19,
(c) any conditions imposed by the court on hearing a complaint under section 67 or by a member of the Board on hearing a complaint under section 104,
(c1) (Repealed)
(d) any other conditions the court or Board is authorised by this Act to impose,
whether or not any such condition is endorsed on the licence.
Without limiting this section, a condition can be imposed under this section that prohibits or restricts activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
Without limiting this section, a condition can be imposed by the court or the Board that authorises or requires a licensee, in specified circumstances:
(a) to cease to serve liquor at the licensed premises, or
(b) to restrict access to the licensed premises in a manner and to the extent provided by the condition,
or both, from a time of day that is earlier than the time at which, as otherwise required by the licence, trading must cease.
A contravention of section 21, 22, 23, 23A, 23AA or 23AB is a breach of a condition of the licence in respect of which the contravention occurs.
It is a breach of a condition of a licence to sell or supply liquor on the licensed premises at a time other than a time permitted by Division 3 in relation to the licensed premises or otherwise than in accordance with the provisions of that Division.
It is a condition of a hotelier’s licence that the licensee is not to provide a cash advance in the hotel, or permit or suffer a cash advance to be provided in the hotel on behalf of the licensee, otherwise than as a prize or bonus won as a direct or indirect consequence of operating an approved gaming machine in accordance with the Gaming Machines Act 2001.
(Repealed)
The court or the Board, as the case may be, may vary or revoke a condition of a licence imposed by it (whether under this section or any other provision of this Act):
(a) at any time on the application of the licensee or the Director or the Commissioner of Police, or
(b) of its own motion or on the hearing of any matter relating to the licence.
(Repealed)
Except as provided by subsection (2), liquor shall not, in a restricted area on premises to which a hotelier’s licence relates, be sold or supplied to, or consumed by, a lodger, an inmate or an employee of the licensee except at a time at which liquor may be sold or supplied to other persons in that or any other restricted area on the licensed premises.
On the application of the holder of a hotelier’s licence, the Board may authorise the use, subject to such conditions as it may impose, of a restricted area on the licensed premises, for the sale or supply of liquor exclusively to lodgers or inmates seated at tables at a time at which liquor may not otherwise be sold or supplied in a restricted area on the licensed premises.
The premises to which a hotelier’s licence relates (except a part of the premises in which liquor is being sold or supplied with or as ancillary to a meal or supper served on the premises or in which meals or substantial refreshments are available with or without charge) shall not be open at any time for the sale or supply of liquor for consumption on the premises unless, in a part of the premises so open, at least a light meal is available, with or without charge, for consumption by persons to whom liquor is sold or supplied.
The court may, on the application of a licensee to whom an authority has been granted under subsection (2), or on the application of the Director or the Commissioner of Police in relation to such an authority:
(a) revoke the authority,
(b) impose a condition, or further condition, to which the authority is to be subject, or
(c) revoke or vary any condition imposed under subsection (2) or paragraph (b).
(Repealed)
This section applies to a licence to which Schedule 4 (Special provisions relating to Australian wine licences) to the Liquor (Repeals and Savings) Act 1982 applies (referred to in this section as an Australian wine licence).
A condition on an Australian wine licence that liquor other than wine must not be sold or supplied on the licensed premises may not be varied or revoked under section 20.
The court may on the application of the licensee vary that condition of the licence so as to permit the sale of beer or spirits (or both) on the licensed premises for consumption on those premises, but the court is not to grant such an application unless the court is satisfied that:
(a) the licence was being exercised on or about 1 January 1994, or
(b) there is some compelling reason why the licence was not being exercised at that time.
The grant of an application under subsection (3) does not have effect until payment by the applicant to the Board of the amount (up to $50,000) determined by the Board as payable for the variation of the condition (determined having regard to the circumstances of the licence and the application). The grant of the application is cancelled after 3 months if the amount so determined is not paid within that time.
If the court has granted an application under subsection (3) in respect of an Australian wine licence before the commencement of this subsection, the grant of the application has, in addition to varying the conditions of the licence so as to permit the sale of beer on the licensed premises for consumption on those premises, the effect of varying the conditions so as to permit the sale of spirits on the licensed premises for consumption on those premises.
An application to remove an Australian wine licence may not be granted unless:
(a) the removal is to a place that is within the neighbourhood of the premises from which it is proposed to remove the licence, and
(b) the floor area of the premises which are proposed to be the licensed premises on removal is not greater than that of the licensed premises from which the licence is proposed to be removed, and
(c) the court is satisfied that the licence was being exercised on or about 1 January 1994 or that there is some compelling reason why the licence was not being exercised at that time, or that removal is reasonably necessary to enable the licence to be exercised.
Section 36 (5) does not apply to an application for the removal of an Australian wine licence.
Liquor must not be sold or supplied on premises to which a community liquor licence relates unless:
(a) the licensee and each person engaged in the sale, supply or service of liquor on the premises has successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and
(b) food of a nature and quantity consistent with the responsible sale, supply and service of liquor is made available when liquor is being sold or supplied on the premises.
The licensee under a community liquor licence must not permit activities on the licensed premises that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
No person who is intoxicated, or under the age of 18 years , is to be involved in selling, supplying or serving liquor on the licensed premises under a community liquor licence.
Where an off-licence is a licence for a vigneron, liquor shall not be sold or supplied by the licensee pursuant to the licence unless:
(a) it is Australian wine substantially made by the licensee or Australian wine made on the licensee’s behalf from fruit grown or honey produced by the licensee,
(b) it is sold at the premises where the wine is made or where the fruit is grown or the honey produced,
(c) it is delivered and taken away at one time and not by instalments, and
(d) it is sold or supplied at any one time only in quantities prescribed for the purposes of this paragraph unless it is sold to a person authorised to sell liquor.
Where an off-licence is a licence for a brewer, liquor shall not be sold or supplied pursuant to the licence except to persons authorised to sell liquor and to employees of the licensee.
(Repealed)
Where an off-licence is a licence to sell liquor by retail, liquor shall not, except as provided by section 18 (7), be sold or supplied pursuant to the licence otherwise than in sealed containers.
(Repealed)
(Repealed)
Where the licensed premises to which an on-licence relates are a public hall, liquor shall not be sold or supplied on the licensed premises except:
(a) at, or as ancillary to, a dinner, reception, convention, seminar or the like, or a ball conducted by or on behalf of a body or association of persons, and
(b) by serving it to persons seated at tables.
Where the licensed premises to which an on-licence relates are a restaurant, the primary purpose of the premises is, for the purposes of this Act, to be a restaurant, and accordingly the premises must at all times be operated consistently with this primary purpose, whether or not the on-licence is endorsed with a dine-or-drink authority.
Where the licensed premises to which an on-licence relates are a restaurant, liquor shall be sold, supplied and consumed in the restaurant only:
(a) in the reception area (if any) or at a table in the restaurant, and
(b) except where liquor is sold or supplied as provided by section 31 (3) or (4), and subject to section 23AD—with or as ancillary to a meal consumed at a table in the restaurant.
Where a hotelier’s licence, a nightclub licence, an on-licence relating to a restaurant, or an on-licence relating to premises referred to in section 18 (4) (g), is in force, the business carried on pursuant to the licence shall be a business of selling and supplying liquor in accordance with this Act to the public resorting to the licensed premises and shall not, except as may be prescribed or to the extent necessary to comply with this or any other Act or law, be or include a business limited at any time only to selling or supplying liquor to persons invited to resort to the premises or only to a particular class, or particular classes, of persons resorting to the premises.
Subsection (3A) does not prevent:
(a) the imposition on a licence of a condition of the kind referred to in section 20 (2B), or
(b) the inclusion in a local liquor accord of any provision of the kind referred to in section 104E (1),
or any conduct on the part of any person acting in accordance with any such condition or for the purpose of promoting or giving effect to the terms of any such accord.
Where the licensed premises to which an on-licence relates are a theatre, liquor shall not be sold or supplied on the licensed premises except in the part or parts of the theatre specified in the licence, being a part that is, or parts that are, accessible only to persons attending the entertainment at the theatre.
Where the licensed premises to which an on-licence relates are within a university, liquor shall not be sold or supplied on the licensed premises except:
(a) to members, and invited guests of members, of the union, association or club that occupies the licensed premises, and
(b) when at least a light meal is available in a room on the licensed premises, with or without charge, for consumption by persons to whom the liquor is sold or supplied.
Where the licensed premises to which an on-licence relates are a vessel or aircraft, liquor shall not be sold or supplied to the crew of the vessel or aircraft except, in the case of a vessel, as an allowance served out by order of the master.
If an on-licence is a motel licence, liquor must not be sold or supplied on the licensed premises in contravention of any of the following restrictions:
(a) liquor may only be sold or supplied by means of bar facilities (such as facilities known as a mini-bar) located in the accommodation in which the liquor is to be consumed,
(b) liquor may only be sold or supplied to a person who is a bona fide traveller and accommodated at the motel in accommodation consisting of or including a bedroom with separate sanitary and bathing facilities, for consumption in that accommodation (whether by that person or by an invited guest of that person),
(c) the volume of liquor sold or supplied to any one person on any one day must not exceed 2 litres.
Liquor shall not be sold or supplied pursuant to a caterer’s licence except at, or as ancillary to, a function, occasion or event for which the licensee provides catering services.
Liquor is not to be sold or supplied pursuant to a caterer’s licence unless:
(a) the catering services provided by the licensee include the provision of food of a nature and quantity consistent with the responsible sale, supply and service of liquor and with the type of function, occasion or event at which the licence is being exercised, and
(b) that food is provided in conjunction with the sale or supply of liquor so that liquor is sold or supplied and consumed with or as ancillary to the consumption of that food.
The principal business of the licensee under a caterer’s licence, and the principal business of any person or body on whose behalf the licensee holds the licence, must be the business of providing catering services for fee, gain or reward.
Liquor must not be sold or supplied on the premises to which a nightclub licence relates between noon and 8 pm on any day that is not a restricted trading day, or between noon and 10 pm on a restricted trading day, except with or as ancillary to a meal consumed at a table on the premises.
Liquor must not be sold or supplied on the premises to which a nightclub licence relates during a nightclub trading period unless:
(a) the liquor is sold or supplied with or as ancillary to entertainment and at least a light meal is available, with or without charge, for consumption by persons to whom liquor is sold or supplied, or
(b) the liquor is supplied with or as ancillary to a meal consumed at a table on the premises.
This section is subject to section 23AD and, in a case where the licensed premises to which a nightclub licence relates are defined to include a motel, is subject to section 35C (7).
Liquor must not be sold or supplied under the authority of an on-licence to sell liquor at a function except at, or as ancillary to, a function to which the licence relates.
Liquor must not be sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates except by way of opened cans, opened bottles or other opened containers.
Liquor must not be sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates unless:
(a) the licensee is present on those premises at all times while liquor is being provided under the authority of the licence (except when a person referred to in paragraph (b) is present in the circumstances referred to in that paragraph), or
(b) a person nominated under section 23AC by the licensee as the person in charge of the sale and supply of liquor at the function is present on the premises at any time when the licensee cannot, because of exceptional circumstances, be present on those premises.
If liquor is sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates:
(a) neither the licensee nor any nominee under section 23AC is to be intoxicated while liquor is being provided at the function, and
(b) the licensee and any such nominee must maintain proper and responsible supervision and control over the sale and supply of liquor at the function, and
(c) no person who is intoxicated, or who is under the age of 18 years, is to be involved in selling, supplying or serving liquor at the function.
For the purposes of exercising the authority of an on-licence to sell liquor at a function from which (or at any time during which) the licensee, by reason of exceptional circumstances, is obliged to be absent, the licensee may, at any time before his or her absence, nominate any person who consents to do so to take the place of the licensee and to be in charge of the sale and supply of liquor at the function in the absence of the licensee.
A person nominated in accordance with this section is taken to be the licensee for the purposes of this Act in respect of the function (or, if the nomination relates only to a portion of the function, that portion).
In any proceedings, a licensee relying on a nomination under this section bears the onus of establishing that the nomination was in all respects authorised by and effected in accordance with this section.
The court may grant an application for a restaurant licence or nightclub licence to be endorsed with an authority (referred to in this Act as a
A dine-or-drink authority:
(a) authorises liquor to be sold or supplied in the restaurant or nightclub for consumption, otherwise than with or as ancillary to a meal consumed at a table in the restaurant or nightclub, at no more than 30 per cent of the seated dining positions available in the restaurant or nightclub at any time, and
(b) does not affect the sale, supply or consumption of liquor in the reception area (if any) of the restaurant as otherwise authorised by or under this Act.
The authorisation conferred by a dine-or-drink authority is subject to such conditions as are imposed by this Act or as are prescribed by the regulations and to such conditions as are imposed by the court at the time of grant of the application for the authority.
The court may, on the application of the licensee or the Director or the Commissioner of Police:
(a) revoke a dine-or-drink authority, or
(b) impose any further condition to which the authority is to be subject, or
(c) revoke or vary any condition imposed by the court under this section (and whether or not previously varied under this section).
A dine-or-drink authority is in force only while all the conditions to which it is subject are being complied with.
Conditions may (without limitation) do any or all of the following:
(a) reduce the percentage referred to in subsection (2),
(b) specify the maximum number of seated dining positions that are to be available for the consumption of liquor as referred to in that subsection,
(c) in the case of a restaurant, prohibit advertising of the restaurant that is inconsistent with the primary purpose of the premises, as referred to in section 23 (2A),
(d) in the case of a restaurant, prohibit entertainment in the restaurant that is inconsistent with that primary purpose (including for example entertainment in the nature of pool tables or amusement devices such as pinball machines).
The Board may, on the application of the licensee or the Director or the Commissioner of Police, revoke or vary any conditions of the kind referred to in subsection (6) (a) or (b), other than conditions imposed by this Act or the regulations.
It is a condition of a dine-or-drink authority to which a restaurant licence is subject that the maximum number of patrons permitted on licensed premises to which the authority relates is not to exceed the number of available seated dining positions together with the number of persons allowed by or under this Act in the reception area (if any) of the restaurant.
In this section, a reference to a seated dining position is a reference to a seated position at a table, being a position at which a meal can reasonably and comfortably be consumed.
Nothing in this Act is to be construed as preventing a person in a restaurant to which an on-licence relates from consuming liquor away from a table in the restaurant, or from standing while consuming liquor, so long as there is a seat for the person at a table.
Subsection (1) has effect subject to any conditions to which the on-licence is subject and to any requirements prescribed by the regulations.
Liquor may be sold or supplied on licensed premises as permitted by Schedule 6 during the period from Saturday 30 December 2000 to Wednesday 3 January 2001 (both days inclusive), despite any other provision of this Division.
Except where liquor is sold or supplied to, or consumed by, a lodger, an inmate or an employee of the licensee, liquor shall not, on premises to which a hotelier’s licence relates, be sold, supplied or consumed, and the licensed premises shall not be kept open for the sale, supply or consumption of liquor, except at a time permitted by subsection (2) or (3) or by variation of trading hours under section 25.
Except as provided by subsection (3), liquor may be sold, supplied or consumed on the licensed premises and the licensed premises may be kept open for the sale, supply or consumption of liquor:
(a) on a day that is not a Sunday or a restricted trading day—from 5 am to midnight, and
(b) on a Sunday that is not a restricted trading day or 24 December—from 10 am to 10 pm, and
(b1) on a Sunday that is 24 December and not a restricted trading day:
(i) from 10 am to 10 pm, and
(ii) from 10 pm to midnight on that day but only when the liquor is sold or supplied for consumption on the licensed premises, and
(c) on a restricted trading day (other than Good Friday), where the liquor is sold or supplied for consumption with or as ancillary to a meal served in a dining room on the licensed premises—from noon to 10 pm, and
This clause applies to premises to which a nightclub licence relates if:
(a) immediately before the grant of the nightclub licence, the premises were the subject of an on-licence that was defined to include a motel and in respect of which a variation of trading hours granted under section 32 (3) was in force, and
(b) the application for the nightclub licence was made during the period of 6 months commencing on the repeal of section 32 (3).
Liquor may be sold or supplied at any time to a lodger or an inmate, or the guest of a lodger or an inmate:
(a) in the bedroom set aside for the accommodation of the lodger or inmate, or
(b) in any other part of the licensed premises set aside for the exclusive occupation of lodgers or inmates or their guests.
Liquor may be sold or supplied at any time to an employee of the licensee.
Liquor may be sold or supplied in a function room forming part of the motel to persons in attendance at a dinner, reception, convention, seminar or the like held by a body or association of persons:
(a) from any time on a day that is not Sunday or a restricted trading day to 3 am on the following day, whether or not that following day is a Sunday or a restricted trading day, and
(b) on a Sunday or a restricted trading day—from noon to 10 pm, and
(c) on a day that is 24 December and not a restricted trading day (whether or not it is a Sunday)—from noon to midnight, and
(d) on a day that is 31 December and is not a restricted trading day (whether or not it is a Sunday)—from noon to 2 am on the following day, whether or not that following day is a Sunday or a restricted trading day.
If the on-licence for the premises allowed liquor to be sold or supplied from any time before noon, liquor may be sold or supplied on the premises from that time or from 6 am, whichever is the later, with or as ancillary to a meal.
This clause applies to premises to which a nightclub licence relates if:
(a) the premises are referred to in section 35C (1), and
(b) immediately before the grant of the nightclub licence, the premises were the subject of an on-licence in respect of which a variation of trading hours granted under section 32 (1) was in force to allow trading after 3 am and a variation of trading hours granted under section 32 (3) was in force, and
(c) the application for the nightclub licence was made during the period of 6 months commencing on the repeal of section 32 (3).
The court may, on application, vary the trading hours of premises to which a nightclub licence relates to permit trading from 3 am until:
(a) the end of the trading period allowed under the variation of trading hours granted under section 32 (1) in respect of the previous on-licence for the premises, or
(b) 6 am,
whichever is the earlier.
The provisions of section 35D (5), (6), (7) and (9) apply to a variation under this clause in the same way as they apply to a variation under that section, except that in so applying those provisions a reference to 3 am is to be read as a reference to the time until which trading may be allowed under subclause (2).
No fee is payable for the grant of an application under this clause.
Nothing in this clause authorises the variation of the trading hours of premises to which a nightclub licence relates to permit trading from 3 am on any day if trading is not permitted under this Act for the previous hour.
This clause applies to premises to which a nightclub licence relates if:
(a) the premises are situated in Kosciusko National Park, and
(b) immediately before the grant of the nightclub licence, the premises were the subject of an on-licence in respect of which a variation of trading hours granted under section 32 (1) was in force to allow trading after 3 am and a variation of trading hours granted under section 32 (3) was in force, and
(c) the application for the nightclub licence was made during the period of 6 months commencing on the repeal of section 32 (3).
If an application is made under section 35D for a variation of trading hours for premises to which this clause applies and the application includes a request to further extend the trading hours in accordance with this clause, the court may vary the trading hours of the premises to permit trading until:
(a) the end of the trading period allowed under the variation of trading hours granted under section 32 (1) in respect of the previous on-licence for the premises, or
(b) 6 am,
whichever is the earlier.
Section 35D applies to a variation under this clause in the same way as it applies to a variation under that section, except that in so applying that section a reference to 3 am is to be read as a reference to the time until which trading may be allowed under subclause (2).
Nothing in this clause authorises the variation of the trading hours of premises to which a nightclub licence relates to permit trading from 3 am on any day if trading is not permitted under this Act for the previous hour.
In this clause, the
The first duty period for the purposes of Division 4 of Part 5 of this Act (as amended by the amending Act) is the period of 12 months commencing on 1 October 1996.
However, the amendments made to Division 4 of Part 5 of this Act by the amending Act do not apply to the assessment of any duty payable under that Division as in force immediately before the commencement of Schedule 1 [4] to the amending Act.
The regulations may provide for adjustments to be made in the assessment of the duty payable for the period between the commencement of Schedule 1 [4] to the amending Act and the duty period commencing 1 October 1997 so as to facilitate the change in the assessment of duty from a turnover basis to a profit basis as a result of the amending Act.
Following the commencement of Schedule 1 [4] to the amending Act, a licensee is only entitled to a refund or credit under section 86K (3) of this Act (as in force immediately before that commencement) if:
(a) the licensee makes an application for any such refund or credit, in the manner approved by the Board, within 6 months of that commencement, and
(b) the Board approves the application.
In this Part:
The repeal by the amending Act of any provision of Part 5 does not affect the duration or suspension of any licence.
Records that, immediately before the repeal by the amending Act of sections 86 and 86A, were required to be kept under those sections must be retained until a date prescribed by the regulations.
Nothing in this Act is to be construed as requiring or having required the payment, assessment or collection of:
(a) the whole or part of any ad valorem licence fee, or
(b) any part of a fee prescribed by or under section 80 (2) (b) or (c) or 82 (4A),
after 6 August 1997.
It is not the duty of the Board to reassess any licence fee in pursuance of an application for reassessment made after 6 August 1997 (whether made before or after the commencement of this clause).
Nothing in this clause affects:
(a) (Repealed)
(b) the imposition or collection of any penalty,
at any time after 6 August 1997 on account of a failure to pay, or to pay in due time, a fee or any portion of a fee that was payable before that date.
An on-licence to sell liquor at a function that was in force immediately before the amendment made by the amending Act to section 18 took effect, being an on-licence to sell liquor at more than 3 functions, is taken to be a permanent on-licence (function) and has effect as if it had been granted under this Act as amended by the amending Act.
This Act applies to any other on-licence to sell liquor at a function that was in force immediately before the amendment made by the amending Act to section 18 took effect as if that amendment (and the other amendments contained in Schedule 2 to the amending Act) had not been made.
The amendments contained in Schedule 2 to the amending Act extend to an application for an on-licence to sell liquor at a function that was made, but had not been granted, before the amendment made by that Act to section 18 took effect. Any such application is to be dealt with as if it had been made under this Act as amended by the amending Act.
An application that was pending under section 21A (3) immediately before the amendment made to that section by the amending Act took effect is taken to be an application relating to spirits as well as to beer.
The amendments made to sections 57 and 61A by the amending Act do not apply to an application that was pending under this Act at the time the amendments concerned took effect.
In this Part, a reference to a variation of trading hours granted under section 32 (3) is a reference to a variation of trading hours for which application was made before 1 October 1996.
This clause applies to premises to which a nightclub relates if:
(a) the premises are referred to in section 35C (2) and (3), other than premises referred to in clause 50, and
(b) immediately before the grant of the nightclub licence, the premises were the subject of an on-licence in respect of which a variation of trading hours granted under section 32 (1) was in force to allow trading after 3 am and a variation of trading hours granted under section 32 (3) was in force, and
(c) the application for the nightclub licence was made during the period of 6 months commencing on the repeal of section 32 (3).
The court may, on application, vary the trading hours of premises to which a nightclub licence relates to permit trading from 3 am until:
(a) the end of the trading period allowed under the variation of trading hours granted under section 32 (1) in respect of the previous on-licence for the premises, or
(b) 6 am,
whichever is the earlier.
The provisions of section 35D (5), (6), (7) and (9) apply to a variation under this clause in the same way as they apply to a variation under that section, except that in so applying those provisions a reference to 3 am is to be read as a reference to the time until which trading may be allowed under subclause (2).
No fee is payable for the grant of an application under this clause.
Nothing in this clause authorises the variation of the trading hours of premises to which a nightclub licence relates to permit trading from 3 am on any day if trading is not permitted under this Act for the previous hour.
In this Part,
The condition imposed by section 21AA is imposed on every hotelier’s licence, whether it was granted before or after the commencement of that section.
Accordingly, a direction may be given under section 101A in relation to a licence granted before the commencement of section 21AA.
The condition imposed by section 51B (2) is imposed on every temporary on-licence (function), whether it was granted before or after the commencement of the subsection.
Section 56A extends to apply in respect of licences in force before the commencement of that section, but does not apply to a variation of a licence that occurred before that commencement.
The amendments made to section 45 by the amending Act extend to an application for a licence, or for removal of a licence, that had not been determined immediately before the date of commencement of the amendments.
Section 49A extends to an application for a hotelier’s licence that had not been determined immediately before the date of commencement of the section.
The amendment made to section 57 by the amending Act extends to an application for removal of a licence made under that section that had not been determined immediately before the date of commencement of the amendment.
The amendment made to section 90 by the amending Act extends to an application made under that section that had not been determined immediately before the date of commencement of the amendment.
Section 101 (8) does not affect a lease or sublease in force before its commencement.
In this Part,
Section 19 (2A) applies in respect of an application for a Governor’s licence that was made but not determined before the date on which that subsection commenced, as well as in respect of applications made on or after that date.
A Governor’s licence:
(a) that is of a kind referred to in paragraph (a), (b) or (c) of section 19 (5), and
(b) in respect of which an event of the kind referred to in any of those paragraphs occurred before the commencement of that subsection, and
(c) under which liquor is still being sold or supplied at the commencement of that subsection,
ceases to be in force 2 years after the commencement of that subsection, unless sooner cancelled or surrendered in accordance with this Act.
Section 37 (1A) applies to an application under section 37 that was made but not determined before the date on which that subsection commenced, as well as to applications made on or after that date.
Section 56, as amended by the amending Act, applies in respect of an application under section 23AD that was made but not determined before the date on which the amendment took effect, as well as in respect of applications made on or after that date.
Section 51A, as amended by the amending Act, applies in respect of a function licence in force on the date on which the amendments took effect, as well as in respect of a licence granted on or after that date.
The provisions of section 69D, as inserted by the amending Act, apply in respect of an application for approval that was made but not determined before the date on which those provisions commenced, as well as in respect of applications made on or after that date.
Section 86JB, as amended by the amending Act, applies in respect of any amount of duty that became or becomes due from a hotelier on or after 1 January 1998.
Section 104E applies to a local liquor accord entered into before or after the commencement of that section.
The amendment made by the amending Act to section 112 does not affect any condition imposed on an authorisation granted under that section before the amendment took effect.
In this Part,
Sections 23A (3) and 68 (1) (k) do not apply in respect of a licence in force immediately before the commencement of those provisions, until 25 November 2004.
Section 54B (1) (a), as substituted by the amending Act, extends to an application for a caterer’s licence that is pending as at the date of commencement of that substitution.
A hotelier’s licence in force immediately before the commencement of the amendment made by the amending Act to the definition of hotelier’s licence in section 4 (1), is taken to have been granted as a hotelier’s licence.
No annual fee is payable under section 56B in the year 2000.
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a licensing magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for licensing magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
In this Part,
Section 35, as amended by the amending Act, applies in respect of licences granted before or after the amendments took effect.
Section 53, as amended by the amending Act, extends to an application for a restaurant licence that was lodged but not finally determined before the amendment took effect.
Section 116C (3C) does not apply to an internet site that existed at the date of commencement of that subsection until 6 months after that date.
A fee charged before the commencement of section 117EA (as inserted by the amending Act) by the Roads and Traffic Authority for the issue of a proof of age card, being a fee that would have been validly charged if that section (as so inserted) and any regulations necessary to give effect to it had been in force at the time the fee was charged, is taken, at all relevant times, to have been validly charged.
This clause applies to the issue of a proof of age card whether at first instance or as a replacement for a card previously issued.
The purported imposition, at a time before the commencement of this clause, of a condition on a licence that would have been valid if sections 20 and 104, as amended by the amending Act, had been in force at the time is validated.
In this Part,
Section 40, as amended by the amending Act, extends to an application under that section that was lodged before the amendment took effect.
A form of notice that, immediately before the amendments made by the amending Act to section 69E took effect, was the form approved for the purposes of section 69E (5) is taken to be the form approved for the purposes of subsection (5) (a) of that section, as amended by the amending Act, until such time as another form is approved.
This clause applies to a licence that was, immediately before 5 August 1997, suspended under section 83 (7) (as in force immediately before its repeal) because a reassessed licence fee had not been paid in full.
A licence to which this clause applies is, on and from 5 August 1997, taken not to have been suspended by reason of failure to pay a reassessed licence fee in full.
Despite section 56 (9) (a) (iv):
(a) a dine-or-drink authority is taken not to have been automatically cancelled on the first anniversary of its grant if any part of the fee for the authority remained unpaid at that time, and
(b) if full payment of the fee is made at some time after the first anniversary of its grant and before the commencement of this clause, a dine-or-drink authority is taken to have been in force between the anniversary and the time that payment was made.
The amendments made to this Act by Schedule 1 [2]–[7], [11]–[14], [16] and [17] to the National Competition Policy Liquor Amendments (Commonwealth Financial Penalties) Act 2004 do not apply:
(a) to an application pending under this Act on the commencement of those amendments, or
(b) to an application under section 60 for a final grant of an application conditionally granted under section 40 before the commencement of those amendments.
Subject to the regulations, the amendments made to this Act by Schedule 1 [8]–[10] to the National Competition Policy Liquor Amendments (Commonwealth Financial Penalties) Act 2004 extend to an application pending under this Act on the commencement of those amendments.
(Section 25 (2A))
Ward Avenue, from its intersection with Kings Cross Road, north to its intersection with Elizabeth Bay Road and Baroda Street,
Baroda Street, from its intersection with Elizabeth Bay Road and Ward Avenue, north and west to its intersection with Greenknowe Avenue,
Greenknowe Avenue, from its intersection with Baroda Street, west to its intersection with Macleay Street,
Macleay Street, from its intersection with Greenknowe Avenue, north to its intersection with Manning Street,
Manning Street, from its intersection with Macleay Street, west to its intersection with Tusculum Street,
Tusculum Street, from its intersection with Manning Street, south to its intersection with Hughes Street,
Hughes Street, from its intersection with Tusculum Street, west to its intersection with Victoria Street,
Victoria Street, from its intersection with Hughes Street, south to its intersection with Brougham Lane,
Brougham Lane, from its intersection with Victoria Street, west to its intersection with Brougham Street,
Brougham Street, from its intersection with Brougham Lane, south to its intersection with William Street,
William Street, from its intersection with Brougham Street, east to its intersection with Kings Cross Road,
Kings Cross Road, from its intersection with William Street, east to its intersection with Ward Avenue.
(Section 25)
Liverpool Street, from its intersection with Oxford Street, east to its intersection with Victoria Street.
Victoria Street, from its intersection with Liverpool Street, south and south-west to its intersection with Oxford Street.
Oxford Street, from its intersection with Victoria Street, east to its intersection with Barcom Avenue and South Dowling Street.
South Dowling Street, from its intersection with Oxford Street and Barcom Avenue, south to its intersection with Flinders Street.
Flinders Street, from its intersection with South Dowling Street, north-north-west to its intersection with Albion Street.
Albion Street, from its intersection with Flinders Street, west to its intersection with Bourke Street.
Bourke Street, from its intersection with Albion Street, north to its intersection with Campbell Street.
Campbell Street, from its intersection with Bourke Street, west to its intersection with Riley Street.
Riley Street, from its intersection with Campbell Street, north to its intersection with Oxford Street.
Oxford Street, from its intersection with Riley Street, north-west to its intersection with Liverpool Street.
(Section 35C)
An area comprising the Sydney Statistical Division, excluding the Statistical Local Area of Wollondilly (Statistical Local Area 8400), the Statistical Local Area of Blue Mountains (Statistical Local Area 0900) and the Statistical Local Area of Hawkesbury (Statistical Local Area 3800).
An area comprising the Statistical Local Areas of Newcastle (Statistical Local Areas 5901 and 5902) and the Statistical Local Area of Lake Macquarie (Statistical Local Area 4650).
An area comprising the Statistical Local Area of Wollongong (Statistical Local Area 8450) and the Statistical Local Area of Shellharbour (Statistical Local Area 6900).
(Sections 49B (1), 56 (9))
An area comprising the Sydney Statistical Division, excluding the Statistical Local Area of Wollondilly (Statistical Local Area 8400), the Statistical Local Area of Blue Mountains (Statistical Local Area 0900), Statistical Local Area of Hawkesbury (Statistical Local Area 3800), the Statistical Local Area of Gosford (Statistical Local Area 3100) and the Statistical Local Area of Wyong (Statistical Local Area 8550).
An area comprising the Statistical Local Areas of Newcastle (Statistical Local Areas 5901 and 5902) and the Statistical Local Area of Lake Macquarie (Statistical Local Area 4650).
An area comprising the Statistical Local Area of Wollongong (Statistical Local Area 8450).
(Section 23AF)
This Schedule applies to licensed premises that are:
(a) a hotel, or
(b) premises to which an on-licence relates where the premises are a restaurant (
a licensed restaurant ), or(c) premises to which a nightclub licence relates (
a nightclub ), or(d) premises to which an on-licence to which Schedule 4 to the Liquor (Repeals and Savings) Act 1982 applies (
an Australian wine licence ), or(e) premises the subject of a Governor’s licence, or
(f) premises the subject of an on-licence and in respect of which a certificate under section 74A is in force (
a section 74A licence ).
Liquor may be sold or supplied on licensed premises to which this Schedule applies from the normal opening time of the premises on Saturday 30 December 2000 to the normal closing time of the premises on Wednesday 3 January 2001.
Premises that are open for the sale or supply of liquor under this Schedule must be closed for the sale or supply of liquor for at least 1 hour between 3 am and 7 am on Sunday 31 December 2000 and on each of Monday 1, Tuesday 2 and Wednesday 3 January 2001.
The regulations may reduce the period specified in subclause (1) either generally or in respect of a particular class or classes of licensed premises.
The
This Schedule applies only to authorise the sale or supply of liquor for consumption on the licensed premises concerned.
In the case of a licence that authorises the sale or supply of liquor for consumption off the licensed premises, this Schedule does not affect the hours during which liquor may be sold or supplied for consumption off the licensed premises.
This Schedule does not authorise the sale or supply of liquor on the licensed premises of a hotel, licensed restaurant, nightclub or Australian wine licence in contravention of any condition of the licence imposed or varied by the court or the Board that limits the hours during which liquor may be sold or supplied on the premises.
This Schedule does not authorise the sale or supply of liquor on the licensed premises of a Governor’s licence or section 74A licence in contravention of a condition of the licence imposed or varied under section 69, 104 or 143A that limits the hours during which liquor may be sold or supplied on the premises.
However, in the case of a Governor’s licence or section 74A licence, this Schedule does authorise the sale or supply of liquor despite any other condition of the licence that limits the hours during which liquor may be sold or supplied on the premises.
This Schedule does not authorise the sale or supply of liquor on licensed premises in contravention of any condition of a development consent under the Environmental Planning and Assessment Act 1979.
It is a condition of a licence that liquor must not be sold or supplied on the licensed premises under the authority of this Schedule unless:
(a) practices are in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(b) the licensee has successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and
(c) food of a nature and quantity consistent with the responsible sale, supply and service of liquor is made available when liquor is being sold or supplied on the premises, and
(d) arrangements are in place at the licensed premises that will ensure the safe conduct of the premises and that there will be no undue disturbance to the quiet and good order of the neighbourhood, and
(e) the officer in charge of the police station nearest the licensed premises has been informed before 1 December 2000 of the details of the arrangements referred to in paragraph (d) and of the times that the licensed premises will be open and closed for the sale or supply of liquor during the period authorised by this Schedule, and
(f) a notice indicating the times that the licensed premises will be open and closed for the sale or supply of liquor during the period authorised by this Schedule is to be prominently displayed during that period at each public entrance to the licensed premises, and
(g) any requirements or restrictions imposed by the regulations are complied with.
This clause does not limit or otherwise affect any other conditions to which a licence is subject.
The court may at any time on the application of the Director, the Commissioner of Police or the local consent authority reduce the trading hours authorised under this Schedule in respect of the licensed premises that are the subject of the application.
An application can relate to individual licensed premises or to a group or groups of licensed premises.
The Director or the Commissioner of Police may give such directions to the licensee or manager of licensed premises as the Director or the Commissioner considers appropriate in the public interest, or (without limitation) for the purpose of minimising harm associated with misuse and abuse of liquor, if the Director or Commissioner believes on reasonable grounds that the direction is warranted having regard to:
(a) the manner in which the licensed premises are conducted, or
(b) the behaviour of patrons of the licensed premises.
When a direction is given under this clause, it is a condition of the licence concerned that liquor must not be sold or supplied on the licensed premises under the authority of this Schedule unless the licensee or manager complies with the direction.
The Director or Commissioner of Police (as appropriate) may revoke or vary a direction given under this clause.
A direction under this clause may be given, varied or revoked orally or in writing.
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