Liquor Amendment (COVID-19 Licence Endorsements and Temporary Freezes) Regulation 2020 (NSW)

New South Wales

Liquor Amendment (COVID-19 Licence

Endorsements and Temporary Freezes)

Regulation 2020

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.

VICTOR DOMINELLO, MP Minister for Customer Service

Explanatory note

The objects of this Regulation are as follows—

(a)	to provide for RSA and RCG endorsements that have expired in a prescribed period to continue in force until 30 June 2021,
(b)	to extend the temporary freeze on licences and other authorisations in prescribed precincts from 1 June 2020 to 1 December 2020,
(c)	to except premises holding certain licences from the temporary freeze on extended trading, licence conditions and licence removals,
(d)	to remove the imposition of special licence conditions that currently apply to certain licensed premises.

This Regulation is made under the Liquor Act 2007, including sections 11(1A), 47A, 47J(c) and 159 (the general regulation-making power).

Liquor Amendment (COVID-19 Licence Endorsements and Temporary Freezes) Regulation 2020 [NSW]

Liquor Amendment (COVID-19 Licence Endorsements and

Temporary Freezes) Regulation 2020

under the

Liquor Act 2007

1      Name of Regulation

This Regulation is the Liquor Amendment (COVID-19 Licence Endorsements and

Temporary Freezes) Regulation 2020.

2      Commencement

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

Liquor Amendment (COVID-19 Licence Endorsements and Temporary Freezes) Regulation 2020 [NSW]

Schedule 1 Amendment of Liquor Regulation 2018

Schedule 1 Amendment of Liquor Regulation 2018

[1]      Clause 73A

Insert after clause 73—

73A COVID-19 pandemic—special provision for expired RSA and RCG
endorsements to continue in force

(1)	Despite any other provision of the Act or this Regulation, an RSA endorsement or RCG endorsement that expires during the prescribed period is taken not to expire and to continue in force until 30 June 2021.
(2)	In this clause—
prescribed period means the period from 1 March 2020 until 29 June 2021.

[2]      Clause 123 Temporary freeze on licences and other authorisations in prescribed precincts

Omit “1 June 2020” from clause 123(1). Insert instead “1 December 2020”.

[3]      Clause 123(3) and (4)

Insert after clause 123(2)—

(3)

Exclusion of subject premises holding certain licences from temporary
freeze on extended trading and licence conditions etc

Sections 47C–47E, 47G and 47H of the Act do not apply to subject premises for which any of the following types of licences are held—

(a)	hotel licence,
(b)	club licence,
(c)	on-premises licence,
(d)	packaged liquor licence.

(4)

Exclusion of premises holding certain licences from temporary freeze on
licence removals

Section 47F(1) of the Act does not apply to the extent that it would prevent any of the following types of licences being removed from premises situated wholly or partly in the Kings Cross precinct to premises situated wholly or partly in the Sydney CBD Entertainment precinct—

(a)	hotel licence,
(b)	club licence,
(c)	on-premises licence that relates to a public entertainment venue (including a cinema or a theatre),
(d)	packaged liquor licence.

Liquor Amendment (COVID-19 Licence Endorsements and Temporary Freezes) Regulation 2020 [NSW]

Schedule 2 Amendment of Liquor Act 2007 No 90

Schedule 2 Amendment of Liquor Act 2007 No 90

Schedule 4 Special licence conditions for declared premises

Omit Table 2 from clause 1(2). Insert instead—

Table 2—level 2 licences

Licence number	Name of licensed premises	Location
Nil