Liquor Amendment (Fees) Regulation 2014 (NSW)

New South Wales

Liquor Amendment (Fees) Regulation 2014

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.

TROY GRANT, MP

Minister for Hospitality, Gaming and Racing

Explanatory note
The object of this Regulation is to amend the Liquor Regulation 2008:

(a)	to increase certain application fees for liquor licences and approvals, and
(b)	to introduce fees for applications to vary or revoke licence conditions under sections 53 and 54 of the Liquor Act 2007 (the Act), and
(c)	to reduce (from $50 to nil) the application fee for the variation of an extended trading authorisation if the variation involves the reduction in trading hours under the authorisation, and
(d)	to increase (from $250 to $500) the fee for an application under section 154 of the Act for the review of a decision by the Independent Liquor and Gaming Authority that imposed on a licensee a disqualification from holding a licence for 3 or more years, and
(e)	to change from 2 am to 1.30 am the trading time at which application fees for an extended trading authorisation increase to align with the trading hours risk loading element of the periodic licence fee scheme and the Kings Cross and Sydney CBD Entertainment precincts lock-out period.

This Regulation is made under the Liquor Act 2007, including sections 11A (6), 15A (3), 40 (4) (b), 47 (1), 51 (2) (b), (7) and (10), 53 (3) (b), 54 (2A) (b), 60 (4) (b), 62 (7), 68 (1), 94 (4), 95 (2), 96 (3) (a) and 159 (the general regulation-making power).

Liquor Amendment (Fees) Regulation 2014

under the

Liquor Act 2007

1      Name of Regulation

This Regulation is the Liquor Amendment (Fees) Regulation 2014.

2      Commencement

This Regulation commences on 1 September 2014 and is required to be published on the NSW legislation website.

Schedule 1 Amendment of Liquor Regulation 2008

[1]      Clause 5 Other application fees

Omit clause 5 (1). Insert instead:

(1)	Variation of extended trading authorisation
For the purposes of section 51 (10) of the Act, the application fee to vary an extended trading authorisation is the same as the application fee would be for the extended trading authorisation (as varied) unless the variation reduces the number of trading hours in which case the application fee is nil.

[2]      Clause 77 Application for review of disqualification by Authority

Omit “$250” from clause 77 (b). Insert instead “$500”.

[3]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Application fees

(Clause 4)

Part 1 Licence applications

Column 1	Column 2	Column 3	Column 4
Type of licence	Fixed	Processing	Total
component	component

Hotel licence (other than general bar licence) $1,500 $1,000 $2,500

General bar licence	$300	$400	$700
Club licence	$100	$400	$500
Small bar licence	$150	$200	$350
On-premises licence	$300	$400	$700
Packaged liquor licence	$1,000	$1,000	$2,000
Producer/wholesaler licence	$300	$400	$700
Limited licence (single function) (made by	Nil	$80	$80
means of an electronic system approved by the Authority)
Limited licence (single function) (made	Nil	$150	$150
otherwise than by means of an electronic system approved by the Authority)
Limited licence (multi-function)	$100	$400	$500

Part 2 Applications for extended trading authorisations

Column 1	Column 2	Column 3	Column 4
Type of authorisation	Fixed	Processing	Total
component	component
Extended trading authorisation allowing	$100	$200	$300
trading until midnight
Extended trading authorisation allowing	$100	$200	$300
trading after midnight (subject to requirement that liquor may only be sold on the premises with, or ancillary to, a meal or the provision of accommodation)
Extended trading authorisation allowing	$1,500	$1,000	$2,500
trading after midnight until any time that is not later than 1.30 am (not subject to requirement as to provision of meals or accommodation)
Extended trading authorisation allowing	$2,500	$1,000	$3,500
trading at any time after 1.30 am that is not later than 5 am (not subject to requirement as to provision of meals or accommodation)
Extended trading authorisation for an	Nil	$100	$100
on-premises licence relating to a catering service
Special occasion extended trading	Nil	$100	$100
authorisation

Extended trading authorisation for a small bar $750 $500 $1,250

Part 3 Other applications

Column 1	Column 2	Column 3	Column 4
Type of application	Fixed	Processing	Total
component	component
Application under section 11A (5) for	$100	$200	$300
Authority’s approval (other than an application for approval of a different 6-hour closure period that is, in the opinion of the Authority, temporary in nature)
Application under section 15A (2) for	Nil	$400	$400
approval to cease selling liquor and to continue to provide other services and facilities
Application to vary on-premises licence—	Nil	$100	$100
section 23 (5)
Application for any licence-related	Nil	$100	$100
authorisation (other than an extended trading authorisation)—section 51 (2)
Column 1	Column 2	Column 3	Column 4
Type of application	Fixed	Processing	Total
component	component
Application by licensee under section 53 (2)	Nil	$100	$100
or 54 (2) to vary or revoke a licence condition (other than an application to vary trading hours)
Application by licensee under section 53 (2) or 54 (2) to vary or revoke a licence condition that would result in increased trading hours
(other than for an on-premises licence relating to a catering service or a licence for a small bar):

(a)	allowing trading until midnight, or	$100	$200	$300
(b)	allowing trading after midnight	$100	$200	$300
(subject to requirement that liquor may only be sold on the premises with, or ancillary to, a meal or the provision of accommodation), or
(c)	allowing trading after midnight until	$1,500	$1,000	$2,500
any time that is not later than 1.30 am (not subject to requirement as to provision of meals or accommodation), or
(d)	allowing trading at any time after	$2,500	$1,000	$3,500
1.30 am that is not later than 5 am (not subject to requirement as to provision of meals or accommodation)

Application by licensee under section 53 (2)	Nil	$100	$100
or 54 (2) to vary or revoke a licence condition that would result in increased trading hours for an on-premises licence relating to a catering service
Application by licensee under section 53 (2)	$750	$500	$1,250
or 54 (2) to vary or revoke a licence condition that would result in increased trading hours for a small bar
Application by licensee under section 53 (2)	Nil	Nil	Nil
or 54 (2) to vary or revoke a licence condition that would result in decreased trading hours
Application under section 60 or 61 to transfer	$300	$400	$700
hotel licence (other than a former community liquor licence) or packaged liquor licence
Application under section 60 or 61 to transfer	Nil	$100	$100
former community liquor licence
Application under section 60 or 61 to transfer	Nil	$100	$100
limited licence
Application under section 60 or 61 to transfer	$200	$200	$400
any other type of licence
Application under section 62 to carry on	Nil	$100	$100
licensee’s business
Column 1	Column 2	Column 3	Column 4
Type of application	Fixed	Processing	Total
component	component
Application under section 68 for approval of	Nil	$100	$100
person to manage licensed premises
Application under section 78 (other than by	Nil	$100	$100
the Director-General or the Commissioner of Police) for banning order
Application under section 92 for approval to	Nil	$100	$100
lease or sublease part of licensed premises
Application under section 94 to change	Nil	$200	$200
boundaries of licensed premises
Application under section 95 to alter name of	Nil	$100	$100
licensed premises
Application under section 96 to carry on	Nil	$100	$100
business on temporary premises
Application under section 27 (3), 28 (3), 92	Nil	$100	$100
(1) (a), 119 or 124 (3) (c) for Authority’s approval

Note. The application fees for the variation or revocation of extended trading authorisations and for approval to remove a licence to other premises are dealt with under clause 5 of this Regulation.

Part 4 Interpretation

1      Definition

In this Schedule, former community liquor licence means a community liquor licence granted under the Liquor Act 1982 that is taken to be a hotel licence by virtue of clause 12 of Schedule 1 to the Act.