Liquor Amendment (Miscellaneous) Regulation 2017 (NSW)
New South Wales
Liquor Amendment (Miscellaneous)
Regulation 2017
under the
Liquor Act 2007
The Administrator, with the advice of the Executive Council, has made the following Regulation under the Liquor Act 2007.
PAUL TOOLE, MP Minister for Racing
Explanatory note
The objects of this Regulation are as follows:
| (a) | to consolidate (with some modifications) the special licence conditions that apply, as a consequence | |
| of the amendments made to the Liquor Act 2007 by the Liquor Amendment (Reviews) Act 2017), to certain licensed premises in the Sydney CBD Entertainment and Kings Cross precincts, | ||
| (b) | to modify the basis on which the compliance history risk loading element of the periodic licence for a liquor licence is payable, | |
| (c) | to enable the Independent Liquor and Gaming Authority to disregard minor departures from (or | |
| non-compliance with) the advertising requirements in relation to liquor licence applications in certain circumstances, | ||
| (d) | to enable the Secretary of the Department of Industry to revoke an interim restaurant authorisation | |
| ||
| (e) | to prescribe digital driver licences as an “evidence of age document” for the purposes of the Liquor |
Act 2007,
| (f) | to make other amendments of a minor or administrative nature. |
This Regulation is made under the Liquor Act 2007, including the definition of evidence of age document in section 4, and sections 58A, 116I and 159 (the general regulation-making power).
Liquor Amendment (Miscellaneous) Regulation 2017
under the
Liquor Act 2007
1 Name of Regulation
This Regulation is the Liquor Amendment (Miscellaneous) Regulation 2017.
2 Commencement
This Regulation commences on 1 October 2017 and is required to be published on the NSW legislation website.
| Schedule 1 | Amendment of Liquor Regulation 2008 |
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
high risk venue means a high risk venue within the meaning of section 116B
of the Act.
[2] Clause 3 (1), definitions of “liquor sales cessation period” and “lock out period”
Omit the definitions.
[3] Clause 5E Compliance history risk loading element
Omit clause 5E (1) (a). Insert instead:
(a) $3,000—if one relevant prescribed offence event has occurred during the relevant compliance period that relates to a prescribed offence committed by the licensee or manager of the licensed premises, or
[4] Clause 5E (1) (b) (i)
Omit the subparagraph. Insert instead:
(i) 2 relevant prescribed offence events have occurred during the relevant compliance period that relate to prescribed offences committed by the licensee or manager of the licensed premises, or
[5] Clause 5E (1) (c) (i)
Omit the subparagraph. Insert instead:
(i) 3 or more relevant prescribed offence events have occurred during the relevant compliance period that relate to prescribed offences committed by the licensee or manager of the licensed premises, or
[6] Clause 5E (6), definition of “prescribed offence”
Omit the definition. Insert instead:
prescribed offence has the same meaning as in section 144B of the Act.
[7] Clause 5G Location risk loading element
Omit “the Kings Cross precinct or” wherever occurring.
[8] Clause 5H Patron capacity loading element
Omit 5H (5) (b) (ii). Insert instead:
(ii) if the patron capacity is not notified to the Secretary before the relevant assessment date or if the Secretary is not satisfied that the patron capacity notified to the Secretary is accurate—the patron capacity determined by the Secretary.
[9] Clause 9C
Insert after clause 9B:
9C Compliance with advertising requirements
(1) An applicant is taken to have complied with any of the requirements under this Division in relation to an application if the Authority is satisfied that the applicant has made all reasonable efforts to comply with the requirement. (2) The Authority may also determine that a failure to comply with a requirement under this Division is to be disregarded for the purposes of this Division if the Authority is satisfied that the failure is of a minor or technical nature.
[10] Clause 16A Issue of interim restaurant authorisation to applicants for restaurant licence
Omit clause 16A (7). Insert instead:
(7) The Secretary may revoke an interim restaurant authorisation at any time if the
Secretary is satisfied that:
(a) the requirements or other matters referred to in subclause (1) or (3) (as the case requires) were not complied with, or were not applicable to the licence application, at the time the authorisation was issued, or (b) any requirement referred to in subclause (6) has not been complied with in respect of the premises to which the authorisation relates.
[11] Clause 26 Multiple premises of wine producers
Omit “Division 4 of Part VIB of the Australian Wine and Brandy Corporation Act 1980” from clause 26 (1).
Insert instead “Australian Grape and Wine Authority Act 2013”.
[12] Clause 36 Display and availability of licence and licence-related authorisations
Insert “or the Secretary” after “Authority” in clause 36 (2) (c).
[13] Clauses 39C (5) (d) and 42A (3)
Omit “clause 53G” wherever occurring. Insert instead “clause 53H”.
[14] Clause 42B Obligations in relation to persons carrying on RSA supervisory duties on licensed premises in Sydney CBD Entertainment precinct
Omit “clause 53ZD” from clause 42B (3). Insert instead “clause 53H”.
[15] Parts 5A and 5B
Omit the Parts. Insert instead:
Part 5A Prescribed precincts
Division 1 Declaration of prescribed precincts
53A Declaration of prescribed precincts The following precincts are declared to be prescribed precincts for the purposes of the Act:
(a) Sydney CBD Entertainment precinct, (b) Kings Cross precinct. Note. See Schedule 2 to the Act for a description of the Kings Cross precinct.
Division 2 Special licence conditions 53B Special licence conditions applying to subject premises
(1)
This Division prescribes, for the purposes of section 116I of the Act, conditions to which a licence relating to premises situated in a prescribed precinct is subject.
(2) Any such premises are referred to in this Division as subject premises. 53C “Lock outs” for subject premises
(1) In this clause: lock out period means the period on any day of the week between 1.30 am and
the commencement of the standard trading period referred to insection 12 (1) (a) (i) of the Act.
(2) This clause applies to any of the following subject premises (but only if liquor
is authorised to be sold for consumption on the premises):
(a)
a hotel or premises to which a general bar licence relates (other than a tourist accommodation establishment),
(b) club premises (other than a tourist accommodation establishment), (c)
a licensed public entertainment venue (other than a cinema or a theatre) or licensed karaoke bar,
(d)
so much of a high risk venue as is declared by the Secretary by order in writing to be subject premises for the purposes of this clause,
(e)
declared premises to which a level 2 licence (within the meaning of Schedule 4 to the Act) relates,
(f)
premises to which a licence specified in Schedule 1AA relate or the part (as specified in that Schedule) of premises to which such a licence relates.
(3) The licensee of subject premises to which this clause applies must not permit
patrons to enter the premises during the lock out period.(4) For the avoidance of doubt, patrons already present in the subject premises
immediately before the start of the lock out period may:
(a) leave the premises at any time, or (b) remain on the premises while the premises are authorised to trade, but are not permitted to re-enter the premises during the lock out period. (5) This clause does not prevent a resident of the subject premises from entering
the premises during the lock out period.(6) This clause does not require the licensee of subject premises to prevent patrons
from entering the premises on 1 January in any year.
53D Liquor sales cessation period
(1) In this clause: liquor sales cessation period means the period on any day of the week
between 3 am and the commencement of the standard trading period referred
to in section 12 (1) (a) (i) of the Act.
(2) This clause applies to any of the following subject premises (but only if liquor
is authorised to be sold for consumption on the premises):
(a)
a hotel or premises to which a general bar licence relates (other than a tourist accommodation establishment),
(b) club premises (other than a tourist accommodation establishment), (c)
a licensed public entertainment venue (other than a cinema or a theatre) or licensed karaoke bar,
(d)
so much of a high risk venue as is declared by the Secretary by order in writing to be subject premises for the purposes of this clause,
(e)
declared premises to which a level 1 or level 2 licence (within the meaning of Schedule 4 to the Act) relates,
(f)
premises to which a licence specified in Schedule 1AA relate or the part (as specified in that Schedule) of premises to which such a licence relates.
(3) Liquor must not be sold or supplied on subject premises to which this clause
applies during the liquor sales cessation period.(4)
Subclause (3) does not in itself prevent the continued provision, or making available, of other services and facilities on the subject premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings and for gambling activities that are otherwise permitted on the premises).
(5)
Despite section 103 (1) of the Act, a bar area or other part of a hotel referred to in that subsection may remain open for the sale and supply of non-alcoholic beverages, or food, only during the period when liquor is not permitted to be sold or supplied under this clause.
53E Glasses prohibited during general late trading period
(1) This clause applies to the following subject premises (but only if liquor is
authorised to be sold for consumption on the premises):
(a) in the case of subject premises situated in the Kings Cross precinct:
(i)
a hotel (including the premises to which a general bar licence relates), or
(ii) club premises, or
(iii)
a licensed public entertainment venue (other than a cinema) or licensed karaoke bar, or
(iv)
a licensed restaurant in respect of which an authorisation under section 24 (3) of the Act is in force,
(b)
in the case of subject premises situated in the Sydney CBD Entertainment precinct—premises that the Secretary has, by notice in writing served on the licensee, declared to be premises to which this clause applies.
(2) The Secretary may make a declaration under subclause (1) (b) only if the
Secretary is satisfied that:
(a) there has been a history of alcohol-related violence on the premises, or (b)
an incident has occurred on the premises involving an act of violence that has caused a serious injury to a person.
(3)
During the general late trading period, any drink (whether or not it contains liquor) sold or supplied for consumption on subject premises to which this clause applies must not be served or supplied in a glass.
(4)
During the general late trading period, glasses must be removed from patrons on subject premises to which this clause applies and from any area of the premises to which patrons have access.
(5) In this clause: glass means:
(a) a drinking vessel, or (b) a container (such as a bottle or jug) from which drinks can be poured, that is made wholly or principally of glass.
53F Certain drinks and other types of liquor sales prohibited during general late
trading period
(1) This clause applies to subject premises (other than a small bar) if liquor is
authorised to be sold for consumption on the premises.(2) The following drinks must not be sold or supplied on subject premises during
the general late trading period:
(a)
any drink (commonly referred to as a “shot”, a “shooter” or a “bomb”) that is designed to be consumed rapidly,
(b) any drink containing more than 50% spirits or liqueur, (c)
any ready to drink beverage with an alcohol by volume content of more than 5%,
(d)
any drink prepared on the premises that contains more than 30 ml of spirits or liqueur.
(3)
Subclause (2) does not (subject to subclause (4)) prevent the sale or supply of any alcoholic drink (commonly known as a “cocktail”) that contains spirits or liqueur (or both) mixed with other ingredients and that is not designed to be consumed rapidly.
(4) Subclause (3) applies only if:
(a)
the alcoholic drink is listed on a document prepared by the licensee that is displayed on the subject premises and itemises the cocktails that may be sold or supplied on the premises during trading hours and the amount payable for each such cocktail throughout or during any particular period during those trading hours (the cocktail list), and
(b)
no alcoholic drink listed on the cocktail list is sold or supplied on the subject premises between midnight and 3.30 am (or such earlier time at which the premises are required to cease serving liquor) at less than the amount specified on the cocktail list.
(5) During the general late trading period, no more than:
(a) 4 alcoholic drinks (whether or not of the same kind), or (b) the contents of one bottle of wine, may be sold or supplied on subject premises to the same person at any one
time.(6)
Despite subclause (5), no more than 2 alcoholic drinks (whether of the same or a different kind) may be sold or supplied on subject premises to the same person at any one time between 2 am and 7 am (or such earlier time at which the premises are required to cease serving liquor).
(7) In this clause: ready to drink beverage means an alcoholic mixed beverage that is prepared by the manufacturer.
53G Promotion of rapid consumption drinks The licensee of subject premises must not promote or publicise or cause to be promoted or publicised by any means (on the subject premises or elsewhere):
(a)
the supply of any free or discounted drinks (including, but not limited to, a “shot”, a “shooter” or a “bomb”) that are designed to be consumed rapidly on the subject premises, or
(b)
any inducement (such as a prize or free give-away or similar incentive) to purchase any drink designed to be consumed rapidly on the subject premises.
53H Requirement for RSA marshals during supervised trading period—Sydney
CBD Entertainment precinct
(1)
This clause applies to subject premises situated in the Sydney CBD Entertainment precinct that the Secretary has, by notice in writing served on the licensee, declared to be premises to which this clause applies.
(2) The Secretary may make a declaration under subclause (1) only if the
Secretary is satisfied that:
(a) there has been a history of alcohol-related violence on the premises, or (b)
an incident has occurred on the premises involving an act of violence that has caused a serious injury to a person.
(3)
The licensee must ensure that at least one RSA marshal is carrying out RSA supervisory duties on the subject premises to which this clause applies at all times after midnight during the supervisory trading period.
(4)
The licensee of subject premises to which this clause applies must ensure that any person who is carrying out RSA supervisory duties as required by this clause is, while carrying out those duties, wearing clothing that identifies the person as an RSA marshal.
(5) In this clause and in clause 53I: RSA marshal means a person who is employed for the purposes of carrying out RSA supervisory duties on subject premises. RSA supervisory duties means the following:
(a)
monitoring responsible service of alcohol practices by members of staff of subject premises who are selling, supplying or serving liquor,
(b)
engaging with those staff, and with patrons on the premises, for the purposes of encouraging responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor,
(c)
monitoring alcohol consumption by patrons and their behaviour for signs of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication,
(d)
intervening at any early stage to assist in the prevention of intoxication and anti-social behaviour (such intervention may include suggesting that patrons moderate their alcohol consumption by consuming food or non-alcoholic beverages).
supervised trading period, in relation to subject premises, means the period between midnight on any Friday or Saturday, or midnight on any public holiday night or night before a public holiday, and 3.30 am (or such earliertime at which the premises are required to cease serving liquor).
53I Requirement for RSA marshals during supervised trading period—Kings
Cross precinct
(1)
This clause applies to subject premises (other than a small bar) situated in the Kings Cross precinct, but only if liquor is authorised to be sold forconsumption on the premises.
(2)
In the case of class 1 subject premises, the licensee must ensure that at least 2 RSA marshals are carrying out RSA supervisory duties on the premises at all times during the supervised trading period.
(3)
In the case of class 2 subject premises, the licensee must ensure that at least one RSA marshal is carrying out RSA supervisory duties on the premises at all times during the supervised trading period.
(4)
The licensee of subject premises to which this clause applies must ensure that any person who is carrying out RSA supervisory duties as required by this clause is, while carrying out those duties, wearing clothing that identifies the person as an RSA marshal.
(5) In this clause: class 1 subject premises means any of the following:
(a) a hotel (including the premises to which a general bar licence relates), (b) club premises, (c) a licensed public entertainment venue (other than a cinema or a theatre). class 2 subject premises means any of the following:
(a) a licensed theatre or karaoke bar, (b)
a licensed restaurant in respect of which an authorisation under section 24 (3) of the Act is in force.
53J Appointment and presence of approved managers in high risk venues—Kings
Cross precinct
(1)
The licensee of a high risk venue in the Kings Cross precinct that is specified in Schedule 1C must appoint a person approved by the Secretary under section 116I (2) (i) of the Act to be present in the venue from 9 pm each day until 7 am the following day or until the venue ceases trading, whichever occurs first.
(2) The presence of such a person is not required at any time that:
(a) the licensee, or (b)
in the case of any such venue for which a manager is appointed under section 66 of the Act—the manager,
is present in the venue.
53K CCTV systems to be maintained on subject premises in Kings Cross precinct
(1) This clause applies to the following subject premises situated in the Kings Cross precinct (but only if liquor is authorised to be sold for consumption on
the premises):
(a) a hotel (including the premises to which a general bar licence relates), (b) club premises, (c)
a licensed public entertainment venue (other than a cinema) or licensed karaoke bar,
(d)
a licensed restaurant that is authorised to trade after midnight on any day of the week and in respect of which an authorisation under section 24 (3) of the Act is in force,
(e)
licensed premises that are the subject of a declaration under subclause (4).
(2)
The licensee of subject premises to which this clause applies must maintain a closed-circuit television system on the premises in accordance with the following requirements:
(a)
the system must record continuously from opening time until one hour after the premises are required to close (or, in the case of premises that are not required to cease trading, continuously at all times),
(b)
recordings must be in digital format and at a minimum of 6 frames per second,
(c)
any recorded image must specify the time and date of the recorded image,
(d) the system’s cameras must cover the following areas: (i) all entry and exit points on the premises,
(ii) the footpath immediately adjacent to the premises,
(iii) all publicly accessible areas (other than toilets) on the premises.
(3) The licensee of subject premises to which this clause applies must:
(a) keep all recordings made by the CCTV system for at least 30 days, and (b)
ensure that the system is accessible by at least one member of staff at all times it is in operation, and
(c)
provide any recordings made by the system to a police officer or inspector within 24 hours of any request by a police officer or inspector to provide such recordings.
(4)
The Secretary may, by notice in writing served on the licensee of subject premises situated in the Kings Cross precinct, declare the premises to be premises to which this clause applies, but only if the Secretary is satisfied that:
(a) there has been a history of alcohol-related violence on the premises, or (b)
an incident has occurred on the premises involving an act of violence that has caused a serious injury to a person.
(5)
The licensee of any such declared subject premises must comply with the requirements of this clause as soon as practicable (or in any case no later than 4 weeks) after being notified of the declaration.
53L “Round the clock” incident register
(1)
The licensee of subject premises must maintain a register, in the form approved by the Secretary, in which the licensee is to record, in the manner approved by the Secretary, the details of any of the following incidents and anyaction taken in response to any such incident:
(a)
any incident involving violence or anti-social behaviour occurring on the premises,
(b)
any incident of which the licensee is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the premises and that involves a person who has recently left, or beenrefused admission to, the premises,
(c)
any incident that results in a person being turned out of the premises under section 77 of the Act,
(d)
any incident that results in a patron of the premises requiring medical assistance.
(2) The licensee of subject premises must, if requested to do so by a police officer
or inspector:
(a)
make any such incident register immediately available for inspection by a police officer or inspector, and
(b) allow a police officer or inspector to take copies of the register or to remove the register from the premises. The licensee of subject premises must ensure that the information recorded in an incident register under this clause is retained for at least 3 years from whenthe record was made.
(3) (4) Section 56 of the Act does not apply in relation to the licence for any subject
premises.
53M Other requirements relating to violent incidents
(1)
The licensee of subject premises must, immediately after the licensee or a staff member becomes aware of an incident on the premises involving an act of violence that has caused an injury to a person, ensure:
(a)
that all reasonable steps are taken to preserve and keep intact the area where the incident occurred and that any implement or other thing associated with the act of violence is retained in accordance with guidelines issued by the NSW Police Force relating to the preservation of crime scenes, and
(b)
that the Local Area Commander of the local police area in which the premises are situated is advised by a staff member of the incident, and
(c)
that any directions given by the Commander to the licensee or a staff member to preserve or keep intact the area where the incident occurred are complied with.
(2) In this clause:
staff member, in relation to subject premises, means any employee or agentof, or person purporting to act on behalf of, the licensee of the premises, andincludes any person who is employed to carry on activities as a crowd
controller or bouncer on or about the premises.
53N Exclusion of persons from subject premises
(1) This clause applies to subject premises if liquor is authorised to be sold for
consumption on the premises.(2)
The licensee of subject premises to which this clause applies must not permit any person to enter the premises, or to remain on the premises, if the person is wearing or carrying any clothing, jewellery or accessory displaying:
(a)
the name of any of the following motorcycle-related and similar organisations:
(i) Bandidos, (ii) Black Uhlans,
(iii) Comanchero, (iv) Finks, (v) Fourth Reich, (vi) Gladiators, (vii) Gypsy Joker, (viii) Hells Angels,
(ix) Highway 61,
(x) Life and Death,
(xi) Lone Wolf,
(xii) Mongols,
(xiii) Muslim Brotherhood Movement,
(xiv) Nomads,
(xv) Odin’s Warriors,
(xvi) Outcasts,
(xvii) Phoenix,
(xviii) Rebels,
(xix) Rock Machine,
(xx) Satudarah, or
(b) the colours, club patch, insignia or logo of any such organisation, or (c) the “1%” or “1%er” symbol, or (d)
any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, any of theorganisations specified in paragraph (a).
53O Prohibition on entering premises in Sydney CBD Entertainment precinct after
drinking in alcohol-free zone or alcohol prohibited area
(1)
This clause applies to subject premises situated in the Sydney CBD Entertainment precinct, but only if liquor is authorised to be sold for consumption on the premises and the premises are located in or near an alcohol-free zone or alcohol prohibited area under the Local Government Act
1993.
(2)
If the licensee or a staff member of subject premises to which this clause reasonable cause to believe a person has recently been drinking alcohol in thatapplies observes a person drinking alcohol in any such zone or area or has
area or zone, the licensee or staff member must not permit the person to enter
the subject premises.(3) In this clause: staff member, in relation to subject premises to which this clause applies, means any employee or agent of, or person purporting to act on behalf of, thelicensee of the premises, and includes any person who is employed to carry on activities as a crowd controller or bouncer on or about the premises.
53P Removal of litter from outside of premises—Kings Cross precinct The licensee of subject premises situated in the Kings Cross precinct must ensure that the footpath directly adjacent to the premises is cleared of any litter:
(a)
in the case of premises that are authorised to trade after midnight—each hour between midnight and closing time or 5 am (whichever is the earlier), and
(b) within 30 minutes of closing time (if any).
53Q Exemptions on application by licensee of subject premises
(1)
The Secretary may, on application by the licensee of subject premises and payment of a reasonable fee, exempt the licensee, by order in writing servedon the licensee, from any provision of this Division.
(2) The Secretary may grant an exemption under this clause only if the Secretary
is satisfied that:
(a) the exemption is unlikely to result in an increase in the level of alcohol-related violence or anti-social behaviour or otheralcohol-related harm in the prescribed precinct in which the subject premises are situated, and
(b) measures other than the specified condition to which the exemption be effective in reducing the risk of alcohol-related violence orrelates are in place on the subject premises and that such measures will anti-social behaviour on or about the subject premises.
(3) An exemption under this clause may, if the relevant order so provides, apply
in relation to a specified part of the subject premises concerned.(4) An application for an exemption under this clause must be in the form and
manner approved by the Secretary.(5) An order under this clause may be varied or revoked by the Secretary by a
subsequent order in writing served on the licensee concerned.
53R General exemption relating to residents of tourist accommodation
establishmentsThis Division does not apply to or in respect of the sale or supply of liquor to a resident of subject premises that is a tourist accommodation establishment if liquor is sold or supplied for consumption only in the room in which theresident is residing or staying.
53S Live entertainment venues—exemption from “lock out” and liquor sales
cessation restrictions
(1)
The Secretary may, on application by the licensee of subject premises and payment of a reasonable fee, exempt the licensee from clause 53C (3) or 53D (3) by order in writing served on the licensee.
(2)
An exemption from clause 53C (3) is subject to the condition that patrons must not be permitted to enter the subject premises during the period on any day of the week between 2 am and the commencement of the standard trading period referred to in section 12 (1) (a) (i) of the Act. Clause 53C (4)–(6) extend to thecondition under this subclause as if references in those subclauses to the lock
out period were references to the period referred to in this subclause.
(3)
An exemption from clause 53D (3) is subject to the condition that liquor must not be sold or supplied on the subject premises during the period on any day of the week between 3.30 am and the commencement of the standard trading period referred to in section 12 (1) (a) (i) of the Act. Clause 53D (4) and (5) extend to the condition under this subclause.
(4)
An exemption from clause 53C (3) or 53D (3) is also subject to the condition that, on any night of the week on which the exemption applies in relation to the subject premises concerned, live entertainment must be held or providedafter midnight on the premises.
(5)
An order may only be made under this clause in relation to subject premises if the Secretary is of the opinion that the premises have a market orientation towards live performances, the arts and cultural events and endeavours.
(6) In forming any such opinion, the Secretary is to take the following matters into
consideration:
(a) whether tickets for live entertainment on the premises can be purchased, (b)
whether the premises are covered by a licence issued by APRA AMCOS (the Australasian Performing Right Association and the Australasian Mechanical Copyright Owners Society),
(c)
whether the premises are used in connection with artistic or cultural festivals,
(d) any other matter the Secretary considers relevant. (7)
In determining an application for an exemption under this clause, the Secretary may, without limitation, take into consideration the compliance history of the subject premises in relation to the requirements of this Division and therequirements of Division 1 of Part 5A and Division 2 of Part 5B (as in force
before the commencement of the Liquor Amendment (Miscellaneous) Regulation 2017). (8) An exemption under this clause may, if the relevant order so provides, apply
in relation to a specified part of the subject premises concerned.(9) An order under this clause may be varied or revoked by the Secretary by a
subsequent order in writing served on the licensee concerned.(10) An application for an exemption under this clause must be in the form and
manner approved by the Secretary.(11) A reference in this clause to subject premises does not include a reference to
any subject premises that:
(a)
are premises to which a level 1 licence (within the meaning of Schedule 4 to the Act) relate, or
(b) comprise a karaoke bar, or (c)
in the opinion of the Secretary operate solely as a nightclub or are used primarily to provide adult entertainment of a sexual nature.
(12) This clause does not limit the operation of clause 53Q. (13) In this clause: live entertainment means:
(a)
an event at which one or more persons are engaged to play or perform live or pre-recorded music, or
(b)
a performance at which the performers (or at least some of them) are present in person.
53T Alcohol sales data—Kings Cross precinct
(1) This clause applies to subject premises situated in the Kings Cross precinct,
but only if liquor is authorised to be sold for consumption on the premises.(2)
The licensee of subject premises to which this clause applies must record the amount of liquor sold or supplied for consumption on the premises during the evening trading period.
(3) Any such record must:
(a)
be in the form, and be kept in the manner, approved by the Secretary, and
(b)
be made available for inspection on request at any time by an authorised officer.
(4)
In the case of a high risk venue specified in Schedule 1C, the amount of liquor sold or supplied during the evening trading period is to be recorded on an hourly basis.
(5)
In the case of any other subject premises to which this clause applies, the amount of liquor sold or supplied during the evening trading period is to be recorded on a daily basis.
(6)
At the end of each quarterly period commencing 1 July, 1 October, 1 January and 1 April in any year, a composite record of the amount of liquor sold or supplied during the quarterly period is to be provided to the Secretary. Anysuch composite record is to be in the form approved by the Secretary.
(7) For the purposes of this clause, the evening trading period is the period:
(a)
between 8 pm and the time that the premises are required to cease trading, or
(b)
in the case of subject premises that are not required to cease trading— between 8 pm and 5 am on the next day.
Division 3 Patron ID scanning 53U Minors exempted from patron ID scanning requirements Section 116E (1) (a) and (b) of the Act do not apply in relation to minors who are authorised to enter high risk venues.
53V Time of use of patron ID scanners Section 116E (1) (a) and (b) of the Act do not apply in relation to a licence for a high risk venue during any period outside the times approved by the Secretary and notified to the licensee under section 116E (1) (c) of the Act.
53W Information recorded by patron ID scanners For the purposes of section 116E (1) (e) of the Act, the following information is prescribed in relation to a person:
(a) the person’s name, date of birth and residential address, (b) the photograph appearing on the person’s photo ID, (c) a photograph of the person taken by the patron ID scanner at the time the person’s photo ID is scanned.
[16] Clause 65B
Insert after clause 65A:
65B Prescribed precincts
(1)
Anything done under Part 5A or 5B (including, without limitation, any approval or order given or made under those Parts) that, immediately before Parts is taken to have been done, and to have effect, under Part 5A as insertedthe repeal of those Parts by the amending Regulation, had effect under those
by the amending Regulation. (2)
Without limiting subclause (1), any subject premises order made before the repeal of Parts 5A and 5B by the amending Regulation is validated and, unless subsequently revoked by the Secretary, has effect on and from the commencement of Part 5A as inserted by the amending Regulation.
(3) In this clause: amending Regulation means the Liquor Amendment (Miscellaneous)
Regulation 2017.
subject premises order means an order made by the Secretary under:
(a)
paragraph (d) of the definition of subject premises in clause 53C (1) or 53D (1) as in force before the repeal of Part 5A by the amendingRegulation, or
(b)
paragraph (d) of the definition of CBD subject premises in clause 53Y (1) or 53Z (1) as in force before the repeal of Part 5B by the amending Regulation.
[17] Clause 67A
Omit the clause. Insert instead:
67A Definition of “evidence of age document” For the purposes of paragraph (f) of the definition of evidence of age
document in section 4 (1) of the Act, the following are prescribed as evidenceof age documents:
(a) a proof of age card issued by Australia Post (known as a “Keypass identity card”) for the purpose of attesting to a person’s identity and age, (b) a digital driver licence within the meaning of Part 3.7 of the Road Transport Act 2013, but only if the licence indicates (by reference to the
person’s date of birth or otherwise) that the holder of the digital driverlicence has attained a particular age.
[18] Clause 79 Exceptions to temporary freeze on licences and other authorisations
Omit clause 79 (1), (1A) and (3).
[19] Schedule 1A Prescribed precincts
Insert before the heading to Part 1:
Note. The Kings Cross precinct (as defined in the Act) is declared under clause 53A to
be a prescribed precinct.
[20] Schedules 1B–1E
Omit Schedules 1B and 1C. Insert instead:
Schedule 1B Sydney CBD Entertainment precinct—high
risk venuesThe licensed premises to which any of the licences referred to in this Schedule relate are specified as high risk venues for the purposes of section 116B (2) (b) of the Act. Any change of name of licensed premises as referred to in this Schedule (whether before, on or after 1 October 2017) does not affect the application of this Schedule to the licence for those premises.
Licence Number Name of licensed premises LIQO624006319 77 Nightclub LIQH400103239 Ambar Bar LIQH440010073 Appetito Pizzerie & Bar LIQO600462839 Argyle Tavern LIQH400106688 Artwork in Progress LIQH400110154 ARQ Sydney LIQH400103387 Bar 333 LIQO624008448 Bar Brose Dining LIQH400101163 Bar Century LIQH400104049 Bar Luca LIQH424009187 Barrio Cellar LIQO624009952 Bavarian Bier Cafe York LIQH400104545 Beauchamp Hotel LIQO624012364 Beer DeLuxe (Sydney) LIQH400100485 Bells Hotel LIQO624009218 Bobby’s Boss Dogs and the Soda Factory LIQC300225925 Bowlers Club of NSW Ltd LIQH400100752 Brighton Hotel LIQH400106408 Bristol Arms Retro Tavern LIQH400120923 Buckleys Sydney LIQH400122470 Bull and Bear Sydney LIQH400103859 Bungalow 8 Hotel LIQH400100892 Burdekin Hotel LIQH400115733 Cargo Bar LIQO624015653 CEO Karaoke LIQH400101171 Chamberlain Hotel LIQH400101910 Charlie Chan’s Bar and Bottle Shop LIQH400103093 Cheers Bar and Grill LIQC300229041 City of Sydney RSL & Community Club
LimitedLIQC300226433 City Tattersalls Club LIQH400101279 Civic Hotel LIQH400103271 Concourse Bar LIQH400104294 Coolabar Bar/Restaurant LIQH400101465 Coronation Hotel LIQH400101538 Court House Hotel LIQH400101546 Covent Garden Hotel Licence Number Name of licensed premises LIQH400101619 Criterion Hotel LIQH400101686 Crown Hotel LIQH400104103 Cruise Hotel LIQH400101740 Crystal Palace Hotel LIQH400102224 Della Hyde LIQO624007136 Dockside LIQO624008978 Dynasty Karaoke LIQH400101996 East Sydney Hotel LIQH440010034 Eau-de-Vie LIQH400102011 Edinburgh Castle Hotel LIQH400111592 Establishment Hotel LIQH400102321 Forbes Tavern Hotel LIQH400102380 Fortune of War Hotel LIQH400104693 Frankies Pizza By The Slice LIQO624013849 Gala KTV Club LIQH400102143 Gaslight Inn Hotel LIQH400102577 Glenmore Hotel LIQH424007712 GPO Sydney LIQH400102682 Grand Hotel LIQH400102739 Great Southern Hotel LIQH400102771 Green Park Hotel LIQH440010027 Harts Pub LIQH400101112 Helm Bar LIQH400102992 Hollywood Hotel LIQH400108818 Home Nightclub LIQH400105355 Hotel CBD LIQH400101082 Hotel Chambers LIQH400100604 Hotel Downing LIQH400103654 Hotel Harry LIQH400102399 Hotel Sweeney’s LIQO624006654 Hudson Ballroom LIQH400102283 Ivy LIQH400104766 Jacksons on George LIQO624014889 K Square Karaoke LIQO624015081 K1 Karaoke Lounge LIQO624008450 King St Brewhouse & Restaurant LIQH400106262 Kinselas Hotel Licence Number Name of licensed premises LIQO660010294 Lantern By Wagaya LIQH400108613 Laughing Buddha Bar LIQH400105940 Le Pub LIQH400103573 Lord Nelson Hotel LIQH400103603 Lord Roberts Hotel LIQH400106114 Maloney’s Hotel LIQH400113374 Martin Place Bar LIQO624006152 Men’s Gallery Sydney LIQH400103840 Mercantile Hotel LIQH400114443 Merivale at the Angel LIQH400103883 Metropolitan Hotel LIQH400104383 Midnight Shift Hotel LIQO624006286 Miind Nightclub LIQH400102941 Mountbatten Hotel LIQH400101864 Mr B’s Hotel LIQH400100191 Munich Brau Haus, The Rocks LIQH400101252 Mr Tipply’s LIQO624006653 Nevermind Nightclub LIQC300229009 New South Wales Leagues Club LIQH400106599 New Windsor Hotel LIQH400104340 Observer Hotel LIQH400104359 Occidental Hotel LIQH400104413 Orient Hotel LIQO624014771 Oxford Art Factory LIQH400104480 Oxford Hotel LIQH400104553 Palace Hotel Sydney Since 1877 LIQO624008073 Palms on Oxford Nightclub LIQO624004559 Paradiso Terrace LIQH400104596 Paragon Hotel LIQH400105592 Pavillion Tavern LIQH440018953 PJ O’ Brien’s Irish Pub LIQO624008199 Play Karaoke LIQH424007134 Pontoon Bar LIQH400104200 Prince William Hotel LIQO624007501 Pure Platinum LIQH400121709 QT Sydney LIQO624007139 Quay Bar Licence Number Name of licensed premises LIQH424007943 Rabbit Hole Bar LIQH400104243 Roof Bar LIQC300230120 Rugby Club Limited LIQH400105606 Ryan’s Bar LIQO624006549 Salon De The Restaurant LIQH400110480 Sanctuary Hotel LIQH440010015 Scary Canary LIQH400110200 Scruffy Murphy’s LIQH424006304 Scubar Down Under LIQH400105495 Shark Hotel LIQH424008188 Shelbourne Hotel LIQH400113595 Ship Inn LIQH424009765 Side Bar LIQO624015707 Simmer on the Bay LIQH400105614 Sir John Young Hotel LIQO624013940 Slide Lounge LIQH400101562 Slip Inn LIQH400101120 St James Hotel LIQH400103441 Star Bar & Grill LIQH400105746 Star Hotel LIQO624013586 Star Room LIQH400100671 Stilo Bar Deli Cafe LIQH424006252 Stonewall Hotel LIQH400105819 Strand Hotel LIQO624015145 Strike KSW LIQH400104162 Swine and Co LIQH400100035 Sydney Hilton Hotel LIQH400105894 Syds Champagne Bar LIQH400102534 The 3 Wise Monkeys Pub LIQH400100868 The Albion Place Hotel LIQH400102038 The Arthouse Hotel LIQH400100418 The Basement LIQH440010080 The Baxter Inn LIQH400100558 The Beresford Hotel LIQH424009949 The Blacket Hotel LIQO624006310 The Cauldron LIQO624006608 The Cliff Dive Pty Ltd Licence Number Name of licensed premises LIQH400104448 The Colombian Hotel LIQH400100140 The Cuckoo’s Perch LIQH400100086 The Flinders Hotel, Darlinghurst LIQH400106424 The Flynn LIQO600407544 The Governors Pleasure Restaurant LIQH400110081 The Haymarket Hotel LIQH424015318 The Heritage Belgian Beer Cafe LIQH400102887 The Langham, Sydney LIQH400108672 The Local Taphouse (Darlinghurst) Pty Ltd LIQO624004483 The Metro Theatre LIQH400100825 The Morrison Bar & Oyster Room LIQH400104855 The Office Hotel LIQO624006625 The Oxford Circus 231 Pty Limited LIQH400105681 The Porterhouse LIQH400106203 The Republic Hotel LIQO624013867 The Scary Canary LIQH400104138 The Sussex Hotel LIQO624006970 The Velvet Underground Sydney LIQH400106246 The Verandah Bar & Bistro LIQH400104987 Triple 8 Hotel LIQH400104154 Triple Ace Bar LIQH400105533 V Bar Sydney LIQH400115709 Vault LIQH400103646 Woolloomooloo Bay Hotel
Schedule 1C Kings Cross precinct—high risk venues The licensed premises to which any of the licences referred to in this Schedule relate are specified as high risk venues for the purposes of section 116B (2) (b) of the Act. Any change of name of licensed premises as referred to in this Schedule (whether before, on or after 1 October 2017) does not affect the application of this Schedule to the licence for thosepremises.
Licence number Name of licensed premises LIQO624013096 Bada Bing Night Spot LIQH440010036 Beachhaus LIQO600432026 Barrio Chino LIQO624006680 Candy’s Nightclub LIQO624013697 Velvet Underground Potts Point LIQO600402925 Crane Bar Sydney Pty Ltd Licence number Name of licensed premises LIQO624012240 Dancers Cabaret LIQO624006535 The Club Sydney LIQH424006058 First Empire Hotel LIQH400102909 New Hampton Pty Ltd LIQO624009263 Hugo’s Lounge LIQO624006713 Dollhouse Nightspot LIQO624006254 Luna Nightclub LIQH400103719 Mansions Hotel LIQH400105908 O’Malleys Hotel LIQH400104731 Piccadilly Hotel LIQO624006715 Bellini Lounge Pty Ltd LIQO624002107 Showgirls LIQH400106750 Sugarmill Hotel LIQO624006580 The Backroom LIQH400101244 The Bank Hotel Sydney LIQH400110111 The Bourbon LIQH400106742 The Crest Hotel LIQH400103247 The Kings Cross Hotel LIQH400103255 The World Bar LIQH400103816 Studio 54 Hotel LIQO624006734 Tunnel Nightclub LIQH400100809 Vegas Hotel
Schedule 1D High risk venue exceptions—Sydney CBD
Entertainment precinctThe licensed premises to which any of the licences referred to in this Schedule relate are not high risk venues for the purposes of Division 4 of Part 6 of the Act. Any change of name of licensed premises as referred to in this Schedule (whether before, on or after 1 October 2017) does not affect the application of this Schedule to the licence for those premises.
Licence number Name of licensed premises LIQO600400396 360 Degrees Bar & Dining Room LIQO624008623 Adria Bar Restaurant LIQH424008103 Amora Hotel Jamison Sydney LIQO624007948 Aria Restaurant LIQO624006375 At Bangkok LIQC300225313 Australian Club LIQO624012964 B.B.Q. City Restaurant LIQO624007233 Blackbird Cafe Restaurant Licence number Name of licensed premises LIQO624001282 Cafe Museum LIQO600408400 Cafe Nice LIQO600487858 Captain Torres Spanish LIQO624008570 Casa Ristorante Italiano LIQO624009701 City Dae Jang Kum LIQO624000940 City Extra Restaurant LIQO624008993 City Recital Hall LIQC300226522 Combined Services RSL Club Co Operative Ltd LIQO624007969 Dendy Cinema Opera Quays LIQO660010214 Di Wang LIQO624013262 Dolce Vita LIQC324008772 Dugout Bar and Restaurant LIQO624006171 East Ocean Restaurant LIQO600495877 Emperors Garden Restaurant LIQO624005706 Fratelli Alfresco LIQH400103476 Four Points Hotel, Sydney LIQH400101406 Four Seasons Hotel LIQC300227375 Gallipoli Memorial Club LIQO624003105 Golden Century Restaurant LIQO600498442 Golden Harbour Restaurant LIQC300227650 Hellenic Club Limited LIQH400121822 Holiday Inn Darling Harbour LIQO624002320 Indigo Restaurant LIQH400116152 Intercontinental Sydney LIQO624007411 Italian Village Restaurant LIQO624009855 Jamie’s Italian by Jamie Oliver LIQO600432077 La Bora Pizzeria Ristorante LIQO624003705 Law Society of NSW LIQO624003772 Little Rumour LIQO624013898 Lo Studio LIQO624006386 Low302 LIQH400103832 Menzies Hotel LIQO624005152 Museum of Sydney LIQO624014892 Myung Jang LIQO624008394 Nick’s Bar and Grill LIQO600494005 Nine Dragons LIQC300229025 NSW Masonic Club Licence number Name of licensed premises LIQO600462960 O Bar and Dining LIQH400106432 Old Sydney Holiday Inn LIQO660031204 Old Town Asian Restaurant LIQO624014728 Ottoman Cuisine LIQO600411908 Pancakes On The Rocks LIQO624006687 Paradiso Functions LIQH424002828 Park Hyatt Sydney LIQH400102631 Park Royal Darling Harbour, Sydney LIQO624013679 Parliament of New South Wales LIQO624015578 Pendolino LIQH400102232 Pier One Sydney Harbour LIQH424007367 Pullman Quay Grand Sydney Harbour LIQO600700795 Qantas Credit Union Arena LIQO624001399 Quay Restaurant LIQO624000526 Queen Victoria Building LIQH400101627 Radisson Hotel & Suites LIQO624009176 Redoak Boutique Beer Cafe LIQO624002497 Restaurant Hubert LIQO660010182 Rockpool Bar & Grill LIQO624012499 Roslyn Packer Theatre Walsh Bay LIQC300230015 Royal Automobile Club of Australia LIQO624014658 Sea Life Sydney Aquarium, Wild Life Sydney
and Madame Tussauds SydneyLIQO624008960 Seoulria LIQH400105878 Shangri-La Hotel Sydney LIQH400104057 Sheraton on the Park LIQO660010295 Shinara LIQO624000769 Sienna Marina Brasserie LIQH400102674 Sir Stamford at Circular Quay LIQO624009265 SMC Conference & Function Centre LIQH424012737 Sofitel Sydney Wentworth LIQO624013506 Spice I Am The Restaurant LIQO660010178 Spice Temple LIQO660010032 Steel Bar & Grill LIQH424007933 Swissotel Sydney on Market Street LIQH400101767 Sydney Harbour Marriott LIQO624014046 Sydney Madang Restaurant LIQO600779774 Sydney Opera House Licence number Name of licensed premises LIQO600780918 Sydney Town Hall LIQO624005645 Sydney Town Hall LIQO624008962 Tailored Events LIQC300230678 Tattersalls Club LIQO624015157 The Art Gallery of New South Wales LIQC300226328 The Catholic Club Ltd LIQO660011131 The Cuban Place LIQH400118074 The Grace Hotel LIQO624012349 The DYC Sydney LIQO624009653 The Hudson Restaurant and Bar LIQH424013942 The Mercure Hotel Sydney LIQO624003343 The New Olympia Theatre LIQC300229688 The Queen’s Club Ltd LIQH400110103 The Radisson Blu Plaza Hotel Sydney LIQC324002268 The Royal Exchange of Sydney LIQO600703530 The State Theatre LIQH400106572 The Sydney Boulevard Hotel LIQO600702380 The Sydney Mint Building & Hyde Park
Barracks MuseumLIQO600702593 The Theatre Bar at the End of the Wharf LIQH424007684 The Westin Sydney LIQO600780144 Theatre Royal LIQO624012870 Tropicana Caffe LIQC300230716 Union, University & Schools Club of Sydney LIQC300230724 Union, University & Schools Club of Sydney LIQO600404693 Vibe Hotel Goulburn Street LIQH400111029 Vibe Hotel Rushcutters Sydney LIQO600498426 Waterfront Restaurant LIQO624004022 Wolfie’s Grill
Schedule 1E High risk venue exceptions—Kings Cross
precinctThe licensed premises to which any of the licences referred to in this Schedule relate are not high risk venues for the purposes of Division 4 of Part 6 of the Act. Any change of name oflicensed premises as referred to in this Schedule (whether before, on or after 1 October 2017) does not affect the application of this Schedule to the licence for those premises.
Licence number Name of licensed premises LIQO624003042 Bay Bua Licence number Name of licensed premises LIQO624005737 Crescent on Bayswater LIQO624015436 Larmont Hotel LIQO660010450 Gastro Park LIQO624003465 Holiday Inn Potts Point LIQO624005728 Hugo’s Bar Pizza LIQO624001880 Miss G’s LIQO624015303 Little Square Sydney LIQO600404049 El Cubano
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