Liquor Amendment (Kings Cross Plan of Management) Act 2012 (NSW)

An Act to amend the Liquor Act 2007 and other legislation to implement the first stage of a plan of management in relation to the Kings Cross precinct.

1Name of Act

This Act is the Liquor Amendment (Kings Cross Plan of Management) Act 2012.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Liquor Act 2007 No 90[1]Section 4 Definitions

Insert in alphabetical order in section 4 (1):

Kings Cross precinct—see section 4A.

[2]Section 4A

Insert after section 4:

4AMeaning of “Kings Cross precinct”(1)

For the purposes of this Act, the Kings Cross precinct is the area including and bounded by the streets or parts of streets specified in Schedule 2.

(2)

A reference in this Act to premises situated in the Kings Cross precinct includes a reference to premises:

• (a)

  that front or back onto, or abut, any street or part of a street specified in Schedule 2, or

• (b)

  that can be entered from any such street or part, or

• (c)

  that the regulations declare to be situated in the Kings Cross precinct.

(3)

The regulations may amend Schedule 2 by adding or removing, or varying the description of, a street or part of a street.

[3]Section 47A Definitions

Insert “or, in the case of the Kings Cross precinct, ending on 24 December 2015” after “freeze period)” in paragraph (b) of the definition of freeze period in section 47A (1).

[4]Section 47A (1), definition of “freeze precinct”

Insert “the Kings Cross precinct or” after “means”.

[5]Section 47A (2A)

Insert after section 47A (2):

(2A)

Subsection (2) does not apply in relation to the Kings Cross precinct.

[6]Section 47AA

Insert after section 47A:

47AAExclusion of small venues(1)

This Division does not apply to or in respect of subject premises:

• (a)

  that comprise a small venue, and

• (b)

  that would, as a result of any application under this Act or an application for development consent as referred to in section 47I, continue to comprise a small venue.

(2)

For the purposes of this section, premises comprise a small venue if:

• (a)

  not more than 60 patrons may be lawfully on the premises at any one time under the licence conditions for the premises or any relevant consent for the premises under the Environmental Planning and Assessment Act 1979, and

• (b)

  there are no gaming machines or other facilities for gambling or betting on the premises, and

• (c)

  the sale or supply of liquor for consumption away from the premises is not authorised by the licence for the premises, and

• (d)

  the premises do not operate as a public entertainment venue, and

• (e)

  the premises meet any other criteria prescribed by the regulations.

(3)

The regulations may prescribe criteria for premises to be regarded as a small venue for the purposes of this section, including criteria relating to the location of the premises, to the trading hours of the premises or to any connection with or relationship to other premises in the area.

[7]Section 49 Extended trading authorisation

Omit section 49 (3) (b). Insert instead:

(b)

situated in the Kings Cross precinct, or

(b1)

situated in the area including and bounded by the parts of streets specified in Schedule 3 (Oxford Street—Darlinghurst precinct) or that fronts or backs onto, or abuts, any such specified part, or

[8]Part 6, Division 3

Insert after Division 2:

Division 3Kings Cross precinct116ARegulatory controls for licensed premises in Kings Cross precinct(1)

The regulations may prescribe conditions to which a licence relating to premises situated in the Kings Cross precinct is subject.

(2)

Without limiting the matters to which any such conditions may relate, the conditions prescribed by the regulations under this section may:

• (a)

  prohibit or restrict the use of glass or other breakable containers on the licensed premises, or

• (b)

  prohibit or restrict the sale or supply of certain types of liquor on the licensed premises (including liquor with a high alcohol content or liquor that is intended to be consumed rapidly such as a shot), or

• (c)

  prohibit or restrict the sale or supply of liquor on the licensed premises in certain circumstances or at certain times, or

• (d)

  prohibit patrons from entering the licensed premises at certain times, or

• (e)

  require the implementation of security or public safety measures in respect of the licensed premises, or

• (f)

  require incident registers to be kept, or

• (g)

  require the exclusion from licensed premises of persons of a specified class (including persons who are wearing any clothing or article displaying the name of, or other matter associated with, a particular organisation), or

• (h)

  require the licensee of any premises situated in the Kings Cross precinct to contribute towards the costs associated with measures to minimise or prevent alcohol-related violence or anti-social behaviour or other alcohol-related harm in the Kings Cross precinct.

(3)

The conditions that may be prescribed by the regulations under this section may, without limitation, apply to a specified class of licensed premises or to specified licensed premises.

(4)

The regulations may authorise the Director-General to exempt the licensee of any premises situated in the Kings Cross precinct from any of the conditions prescribed by the regulations under this section. The regulations may also provide that any such exemption is subject to conditions specified in the exemption.

(5)

Any conditions prescribed by the regulations under this section are in addition to any other conditions to which a licence relating to premises in the Kings Cross precinct may be subject.

(6)

Regulations may be made under this section regardless of whether any licensee who is likely to be affected by the regulation has been given an opportunity to make submissions in relation to the proposed regulation.

[9]Schedule 1 Savings and transitional provisions

Insert at the end of clause 1 (1):

Liquor Amendment (Kings Cross Plan of Management) Act 2012

[10]Schedule 1

Insert after Part 8:

Part 9Provisions consequent on enactment of Liquor Amendment (Kings Cross Plan of Management) Act 201235Definition

In this Part:

amending Act means the Liquor Amendment (Kings Cross Plan of Management) Act 2012.

36Application of temporary licence and development consent freeze provisions to extended Kings Cross precinct(1)

In this clause:

extended Kings Cross precinct means that part of the Kings Cross precinct that was not part of the Kings Cross precinct as described in Schedule 5 to this Act immediately before the amendment of that Schedule by the amending Act.

(2)

The amendments made to Division 1A of Part 4 by the amending Act extend to an application under this Act for any licence or other matter referred to in that Division or to an application for development consent under the Environmental Planning and Assessment Act 1979:

• (a)

  that relates to premises situated in the extended Kings Cross precinct, and

• (b)

  that was made on or after 19 September 2012 but not granted or otherwise determined as at the commencement of those amendments.

(3)

However, the amendments made to Division 1A of Part 4 by the amending Act do not apply in relation to:

• (a)

  an application under this Act for a licence or other matter relating to premises situated in the extended Kings Cross precinct, or

• (b)

  an application for development consent under the Environmental Planning and Assessment Act 1979 relating to premises situated in the extended Kings Cross precinct,

that was made before 19 September 2012.

(4)

A reference in this clause to an application for development consent or to the granting of development consent has the same meaning as it has in section 47I of this Act.

37Existing Kings Cross liquor accords(1)

The Kings Cross Precinct Liquor Accord as in force under Division 2 of Part 8 of this Act immediately before the commencement of this clause is terminated and any licence conditions imposed under section 136E in respect of that precinct liquor accord cease to have effect on that commencement.

(2)

The Kings Cross Accord, being the local liquor accord of that name in force under Division 1 of Part 8 of this Act, is taken to include terms authorising any person or body participating in the accord to contribute towards the costs associated with measures to minimise or prevent alcohol-related violence or anti-social behaviour or other alcohol-related harm in the Kings Cross precinct.

38Crown not liable for any compensation(1)

Damages or compensation are not payable by or on behalf of the Crown:

• (a)

  because of the enactment of the amending Act or the operation of the amendments made by the amending Act (including the provisions of this Part), or

• (b)

  for the consequences of that enactment or operation, or

• (c)

  because of a representation or conduct of any kind about the sale or supply of liquor on any premises or kind of premises.

(2)

In this clause, the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes any employee or agent of the Crown.

[11]Schedule 2 Kings Cross precinct

Omit “(Section 49 (3))”. Insert instead “(Section 4A)”.

[12]Schedule 5 Freeze precincts

Omit the matter relating to the Kings Cross precinct.

Schedule 2Amendment of Liquor Regulation 2008[1]Clause 39C Expiry of recognised RSA certifications

Insert after clause 39C (3):

(4)

Despite subclause (3), if a recognised competency card issued to a relevant person expires, the person may not be issued with a new recognised competency card unless the person has successfully completed an approved RSA training course in addition to the course in respect of which the expired recognised competency card was issued.

Note—

This means that licensees, bar staff and security personnel in the Kings Cross precinct will have to undertake approved RSA training every 5 years.

(5)

For the purposes of subclause (4), relevant person means any of the following:

• (a)

  the licensee of licensed premises situated in the Kings Cross precinct,

• (b)

  a staff member of licensed premises situated in the Kings Cross precinct,

• (c)

  a person who is employed to carry on activities as a crowd controller or bouncer on or about licensed premises situated in the Kings Cross precinct.

[2]Clause 40 Obligations of licensee as to responsible service of alcohol

Insert after clause 40 (1):

(1A)

The licensee of licensed premises situated in the Kings Cross precinct must not, on and from 1 March 2013:

• (a)

  sell, supply or serve liquor by retail on the premises, or

• (b)

  cause or permit liquor to be sold, supplied or served on the premises,

unless the licensee holds a current recognised competency card.

Maximum penalty: 50 penalty units.

[3]Clause 40 (2A)

Insert after clause 40 (2):

(2A)

The licensee of licensed premises situated in the Kings Cross precinct must not, on and from 1 March 2013, cause or permit a staff member to sell, supply or serve liquor on the premises unless the staff member holds a current recognised competency card.

Maximum penalty: 50 penalty units.

[4]Clause 40 (3)

Omit “Subclause (1) does”. Insert instead “Subclauses (1) and (1A) do”.

[5]Clause 41 Obligations of staff members as to responsible service of alcohol

Insert at the end of the clause:

(2)

A staff member of licensed premises situated in the Kings Cross precinct must not, on and from 1 March 2013, sell, supply or serve liquor by retail on the premises unless the staff member holds a current recognised competency card.

Maximum penalty: 20 penalty units.

[6]Clause 42 Obligations in relation to persons carrying on certain security activities

Insert after clause 42 (1):

(1A)

A person (including the licensee of licensed premises) must not employ or engage a person to carry on activities as a crowd controller or bouncer on or about licensed premises situated in the Kings Cross precinct unless the person holds a current recognised competency card.

Maximum penalty: 50 penalty units.

[7]Clause 42 (3) and (4)

Insert after clause 42 (2):

(3)

A person must not, in the course of the person’s employment, carry on activities as a crowd controller or bouncer on or about licensed premises situated in the Kings Cross precinct unless the person holds a current recognised competency card.

Maximum penalty: 20 penalty units.

(4)

Subclauses (1A) and (3) take effect on and from 1 March 2013.

[8]Schedule 2 Penalty notice offences

Insert in appropriate order in the matter relating to offences under the Liquor Regulation 2008:

Clause 40 (1A)	$1,100
Clause 40 (2A)	$1,100
Clause 42 (1A)	$550
Clause 42 (3)	$440

[9]Schedule 2

Omit the matter relating to clause 41 of the Liquor Regulation 2008.

Insert instead:

Clause 41 (1)	$220
Clause 41 (2)	$440

Schedule 3Consequential amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103

Insert after section 148 (2):

(3)

A reference in this section to Schedule 2 to the Liquor Act 2007 is a reference to that Schedule as in force on the commencement of this subsection.