Liquor Amendment (2010 FIFA World Cup) Regulation 2010 (NSW)

2010 No 187

New South Wales

Liquor Amendment (2010 FIFA World

Cup) Regulation 2010

under the

Liquor Act 2007

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Liquor Act 2007.

KEVIN GREENE, MP

Minister for Gaming and Racing

Explanatory note
The objects of this Regulation are as follows:

(a)	to give hotels and clubs extended trading hours during or around those times when certain matches of the 2010 FIFA World Cup in South Africa (namely, the matches in which Australia is playing and the finals) are held,
(b)	to provide that the 6-hour closure requirement under section 11A of the Liquor Act 2007 does not operate to prevent a hotel or club from trading during any period that may be authorised by an extended trading authorisation granted for the purposes of any World Cup match,
(c)	to provide for a general exception to the 6-hour closure requirement during those periods when licensed venues are authorised to have extended trading for a special occasion,
(d)	to provide that the 3-hour lock-out period (ie 2 am to 5 am) that applies to certain venues under the special licence conditions in Schedule 4 to the Act is reduced to 2 am to 4 am so as to enable patrons to enter such a venue to watch World Cup matches that have a 4.30 am (AEST) start time.

This Regulation is made under the Liquor Act 2007, including sections 11 (1A), 11A (10) and 13.

Published LW 14 May 2010	Page 1
2010 No 187
Clause 1	Liquor Amendment (2010 FIFA World Cup) Regulation 2010

Liquor Amendment (2010 FIFA World Cup) Regulation

2010

under the

Liquor Act 2007

1      Name of Regulation

This Regulation is the Liquor Amendment (2010 FIFA World Cup)
Regulation 2010.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

2010 No 187

Liquor Amendment (2010 FIFA World Cup) Regulation 2010

Amendment of Liquor Regulation 2008	Schedule 1
Schedule 1	Amendment of Liquor Regulation 2008

[1]      Clause 38B

Insert after clause 38A:

38B 2010 FIFA World Cup—extended trading periods for hotels and
clubs

For the purposes of section 13 of the Act, the following periods are prescribed as periods during which liquor may be sold or supplied for consumption on the premises to which a hotel licence or club licence relates:

(a)

the period of 1 hour between 4 am and 5 am on any of the following days:

(i)	Monday 14 June 2010,
(ii)	Thursday 24 June 2010,

(iii)	Wednesday 7 July 2010,
(iv)	Thursday 8 July 2010,
(v)	Monday 12 July 2010,

(b)

the period of 3 hours between midnight and 3 am on Sunday 20 June 2010,

(c)

the period of 6 hours between 4 am and 10 am on Sunday 27 June 2010 (but only if Australia is playing a second round match of the 2010 FIFA World Cup at any time during that period),

(d)

the period of 5 hours between 10 pm on Sunday 27 June 2010 and 3 am on Monday 28 June 2010 (but only if Australia is playing a second round match of the 2010 FIFA World Cup at any time during that period),

(e)

the period of 5 hours between midnight and 5 am on Saturday 3 July 2010,

(f)

the period of 8 hours between midnight and 8 am on Sunday 4 July 2010,

(g)

the period of 6 hours between 4 am and 10 am on Sunday 11 July 2010.

2010 No 187

Liquor Amendment (2010 FIFA World Cup) Regulation 2010

Schedule 1 Amendment of Liquor Regulation 2008

[2]      Clause 78

Insert after clause 77:

78 Exceptions to 6-hour closure requirement

(1)

Specific exception relating to 2010 FIFA World Cup matches

If:

(a)	a special occasion extended trading authorisation relating to a 2010 FIFA World Cup match is granted in respect of licensed premises, and
(b)	the licence was not, immediately before the granting of the authorisation, subject to the condition under section 11A (2) of the Act,

that condition does not apply in relation to the licence at any time
on the day on which the authorisation is in force.

(2)

General exception during period when special occasion late
trading is authorised

Without limiting the operation of subclause (1), if, in the case of a licence to which section 11A applies:

(a)	a special occasion extended trading authorisation is granted in respect of the licensed premises, and
(b)	any part of the 6-hour closure period that, but for this subclause, would apply to the licensed premises occurs during the same period that the authorisation is in force,

section 11A (2) of the Act does not apply in relation to the licence during that same period (but otherwise continues to apply to any remaining part of the 6-hour closure period occurring on the day the authorisation is in force).

2010 No 187

Liquor Amendment (2010 FIFA World Cup) Regulation 2010

Amendment of Liquor Act 2007 No 90	Schedule 2
Schedule 2	Amendment of Liquor Act 2007 No 90

Schedule 4 Special licence conditions for declared premises

Insert after clause 3 (1):

(1A)

The lock out period is reduced to the period between 2 am and 4 am on any of the following days (subject to such limitations as are specified) on which a 2010 FIFA World Cup match, scheduled to commence at 4.30 am Australian eastern standard time, is held:

(a)	Monday 14 June 2010,
(b)	Thursday 24 June 2010,
(c)	Sunday 27 June 2010 (but only if Australia is playing in the second round match of the 2010 FIFA World Cup held on that day),
(d)	Saturday 3 July 2010,
(e)	Sunday 4 July 2010,
(f)	Wednesday 7 July 2010,
(g)	Thursday 8 July 2010,
(h)	Sunday 11 July 2010,
(i)	Monday 12 July 2010.

Note. The regulations under section 13 prescribe certain periods that coincide with the staging of certain 2010 FIFA World Cup matches as periods in which licensed premises are authorised to be open for trading. The above subclause will enable patrons to enter declared premises at 4 am to watch a match that starts at 4.30 am (AEST).