Liquor Amendment (Special Licence Conditions) Act 2008 (NSW)

Case
No judgment structure available for this case.

An Act to amend the Liquor Act 2007 to impose additional licence conditions in respect of certain licensed premises.

1Name of Act

This Act is the Liquor Amendment (Special Licence Conditions) Act 2008.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Liquor Act 2007 No 90

The Liquor Act 2007 is amended as set out in Schedule 1.

4Amendment of Liquor Regulation 2008

The Liquor Regulation 2008 is amended by omitting Division 3 of Part 5 and Schedule 3.

5Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Liquor Act 2007

(Section 3)

[1]Section 11 Licence conditions—general provisions

Insert after section 11 (1):

(1A)

Schedule 4 (Special licence conditions for declared premises) has effect. The regulations may amend that Schedule (including, without limitation, by adding or removing any relevant licence under that Schedule).

[2]Schedule 4

Insert after Schedule 3:

Schedule 4Special licence conditions for declared premises

(Section 11 (1A))

1Definitions

In this Schedule:

declared premises means the premises to which a relevant licence relates.

relevant licence means a licence specified in the Table at the end of this clause.

restricted service period, in relation to declared premises, means:

  • (a)

    the period between midnight and such later time (if any) at which the premises are required to cease trading, or

  • (b)

    in the case of declared premises that are not required to cease trading at any time after midnight—the period between midnight and 5 am.

Licence number

Name of licensed premises

Location

LIQH424007134

Pontoon Bar

Sydney CBD

LIQH400104413

Orient Hotel

Sydney CBD

LIQH400115733

Cargo Bar

Sydney CBD

LIQH400110200

Scruffy Murphy’s

Sydney CBD

LIQH400108818

Home Nightclub

Darling Harbour

LIQH400104480

Oxford Hotel

Darlinghurst

LIQH400102224

Exchange Hotel

Darlinghurst

LIQH400110154

ARQ Sydney

Darlinghurst

LIQH424006252

Stonewall Hotel

Darlinghurst

LIQH400101929

Taylor Square Hotel

Darlinghurst

LIQH400100809

Vegas Hotel

Potts Point

LIQH400104731

Piccadilly Hotel

Potts Point

LIQH424006058

First Empire Hotel

Potts Point

LIQH400101449

Coogee Bay Hotel

Coogee

LIQH400100612

Bondi Hotel

Bondi

LIQH400100620

The Eastern

Bondi Junction

LIQH400105770

Steyne Hotel

Manly

LIQH400103980

Mona Vale Hotel

Mona Vale

LIQH400118260

Mean Fiddler

Rouse Hill

LIQC300241858

Penrith Rugby League Club

Penrith

LIQH400119054

Embassy Hotel

Penrith

LIQH400100078

Albion Hotel

Parramatta

LIQH400102453

PJ Gallagher’s Irish Pub

Parramatta

LIQH400122489

Roxy Hotel

Parramatta

LIQH400111444

One World Sport Parramatta

Parramatta

LIQH400102100

Epping Hotel

Epping

LIQC300241866

Rooty Hill RSL Club

Rooty Hill

LIQH400101635

Northies–Cronulla Hotel

Cronulla

LIQO624006185

Fusion

Cronulla

LIQO624006134

AKA Nightclub Bar

Sutherland

LIQC300244695

Campbelltown Catholic Club

Campbelltown

LIQH400104642

Peakhurst Inn

Peakhurst

LIQH400112084

Commercial Hotel

Dubbo

LIQH400118562

Standard Hotel

Orange

LIQH400120230

Imperial Hotel

Tamworth

LIQH400108893

Oxford Tavern

Bathurst

LIQH400122403

Glasshouse Tavern

Wollongong

LIQH400109911

Crowne Plaza Terrigal

Terrigal

LIQH400110014

Terrigal Hotel

Terrigal

LIQC300236005

Central Coast Leagues Club

Gosford

LIQH424009773

Iguana Joe’s Waterfront Bar

Gosford

LIQH400115067

Club House Hotel

Maitland

LIQH400117116

Beachcomber Resort & Conference Centre

Toukley

LIQO624006255

Altitude Nightclub

Port Macquarie

LIQO624006658

Capital Nightclub

Wagga Wagga

LIQO624006202

Flamingos Nitespot

Goulburn

LIQH400121024

Roi Bar

Albury

LIQH400114567

Mary Gilhooley’s Irish Pub & Restaurant

Lismore

2Special licence conditions(1)

A relevant licence is subject to the conditions specified in this Schedule.

(2)

The conditions specified in this Schedule are in addition to any other conditions to which a relevant licence is subject.

(3)

Any change in the name (as referred to in the Table to clause 1) of any declared premises does not affect the application of this Schedule to the licence for those premises.

3“Lock outs” for declared premises(1)

The licensee of any declared premises must not permit patrons to enter the premises after 2 am or before 5 am (the lock out period).

(2)

For the avoidance of doubt, patrons already present in declared 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.

(3)

This clause does not:

  • (a)

    prevent a resident of declared premises from entering the premises during the lock out period, or

  • (b)

    in the case of declared premises that are premises to which a club licence relates—prevent a full member or honorary member (within the meaning of the Registered Clubs Act 1976) of the registered club from entering the premises during the lock out period.

4Glasses and breakable plastic containers prohibited during restricted service period(1)

During the restricted service period, any drink (whether or not it contains liquor) sold or supplied for consumption on declared premises must not be served or supplied in a glass or breakable plastic container.

(2)

During the restricted service period, the licensee of declared premises must remove empty glasses and empty breakable plastic containers from patrons and from any area of the premises to which patrons have access.

(3)

This clause does not require empty glasses or other containers to be removed from the room in which a resident of declared premises is residing or staying.

(4)

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.

5Certain drinks prohibited during restricted service period(1)

The following drinks must not be sold or supplied on declared premises during the restricted service period:

  • (a)

    any drink (commonly referred to as a “shot”) that contains no more than 30 ml of spirits or liqueur and 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 one 30 ml nip of spirits or liqueur.

(2)

During the restricted service 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 declared premises to the same person at any one time.

(3)

In this clause:

ready to drink beverage means an alcoholic mixed beverage that is prepared by the manufacturer.

6“Time-outs” during restricted service period

The sale or supply of liquor on declared premises must cease for a continuous period of 10 minutes during each hour of the restricted service period.

7Service of alcohol to cease 30 minutes before closing time

If declared premises are required to cease trading on any day, the licensee must cease selling or supplying liquor on the premises 30 minutes before the premises are required to cease trading.

8Exemptions(1)

The Director may, by order in writing served on the licensee of declared premises, exempt the declared premises from any specified provision of this Schedule.

(2)

The Director may exempt declared premises only if the Director:

  • (a)

    is satisfied that conditions other than the specified provision to which the exemption relates will be more effective in reducing the risk of alcohol-related violence in or about the declared premises concerned, and

  • (b)

    imposes those other conditions on the licence for the premises under any relevant provision of this Act.

(3)

Any such relevant provision applies except to the extent that it prevents the imposition of conditions that are inconsistent with this Schedule.

(4)

An exemption under this clause has effect only while the other conditions imposed by the Director to replace the specified provision to which the exemption relates remain in force.

9Review of Schedule(1)

The Minister is to review this Schedule to determine whether the policy objectives remain valid and whether the terms of this Schedule remain appropriate for securing those objectives.

(2)

The review is to be undertaken no later than at the end of the period of 12 months immediately following the date of assent to the Liquor Amendment (Special Licence Conditions) Act 2008.

(3)

In undertaking the review, the Minister is to consult with the Bureau of Crime Statistics and Research of the Attorney General’s Department and take into consideration any information and advice provided by the Bureau in relation to the incidence of alcohol-related violence in or about the licensed premises to which this Schedule applies.

(4)

A report on the outcome of the review is to be tabled in each House of Parliament within 3 months after the completion of the review.

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0