Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009 (NSW)

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2009 No 542

New South Wales

Liquor Amendment (Special Licence

Conditions) Regulation (No 2) 2009

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.

KEVIN GREENE, MP

Minister for Gaming and Racing

Explanatory note
This Regulation amends Schedule 4 to the Liquor Act 2007 (which contains special licence conditions applying to specified licensed premises) as follows:

(a)

licensed premises that are categorised in Schedule 4 as “level 1” will be required to comply with all the special licence conditions, including a new requirement that the licensee implement at least one additional security measure (such as providing security staff in or about the premises) approved by the Director-General of Communities NSW,

(b)

licensed premises categorised as “level 2” will be required to comply with certain special licence conditions only, namely, no glasses to serve drinks during the late trading period, having 10-minute “time outs” (or providing free water) during each hour of the late trading period and ceasing to serve alcohol 30 minutes before closing time.

This Regulation is made under the Liquor Act 2007, including section 11 (1A).

Published LW 20 November 2009 Page 1
2009 No 542
Clause 1 Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009

Liquor Amendment (Special Licence Conditions)

Regulation (No 2) 2009

under the

Liquor Act 2007

1      Name of Regulation

This Regulation is the Liquor Amendment (Special Licence Conditions)
Regulation (No 2) 2009.

2      Commencement

This Regulation commences on 1 December 2009 and is required to be published on the NSW legislation website.

2009 No 542

Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009

Amendment of Liquor Act 2007 No 90 Schedule 1
Schedule 1 Amendment of Liquor Act 2007 No 90

[1]      Schedule 4 Special licence conditions for declared premises

Omit clauses 1 and 2. Insert instead:

1      Definitions

(1)  In this Schedule:
declared premises means the premises to which a level 1 or
level 2 licence relates.
level 1 licence means a licence specified in Table 1 at the end of
this clause.
level 2 licence means a licence specified in Table 2 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.

(2)

Any change in the name (as referred to in Table 1 or Table 2) of any declared premises does not affect the application of this Schedule to the licence for those premises.

Table 1—level 1 licences
Licence number Name of licensed Location

premises

LIQH4000118260 Mean Fiddler Rouse Hill
LIQH4000122403 Glasshouse Tavern Wollongong
LIQC3000241858 Penrith Rugby League Penrith
Club
LIQH4000115199 The Valley Brewery Maitland
LIQH4000100078 Albion Hotel Parramatta
LIQH4000103972 Miranda Hotel Miranda
LIQH4024006252 Stonewall Hotel Darlinghurst
LIQH4000122810 The Woodport Inn Erina
LIQH4000109113 Coffs Harbour Hotel Coffs Harbour
LIQH4000104448 The Colombian Hotel Darlinghurst

2009 No 542

Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009

Schedule 1 Amendment of Liquor Act 2007 No 90
Licence number Name of licensed Location
premises
LIQH4000117221 Warners Bay Hotel Warners Bay
LIQO6024006202 Flamingos Nitespot Goulburn
LIQH4000105770 Steyne Hotel Manly
LIQH4000101449 Coogee Bay Hotel Coogee
LIQH4000122187 Harp Hotel Wollongong
LIQH4000122489 Roxy Hotel Parramatta
LIQH4000119054 Embassy Hotel Penrith
LIQH4000101635 Northies—Cronulla Cronulla
Hotel
LIQH4000101929 Taylor Square Hotel Darlinghurst

Table 2—level 2 licences

Licence number Name of licensed Location

premises

LIQH4000120230 Imperial Hotel Tamworth

LIQC3000226301 Castle Hill RSL Club Castle Hill

LIQH4000106866 Towradgi Beach Hotel Towradgi

LIQH4000118147 Queens Wharf Brewery Newcastle

Hotel

LIQC3000236005 Central Coast Leagues Gosford
Club
LIQH4000111592 Establishment Hotel Sydney
LIQH4000117108 Fanny’s of Newcastle Newcastle
LIQO6024006608 The Gaff Restaurant, Darlinghurst
Bar & Nightclub
LIQH4000118562 Standard Hotel Orange
LIQH4000110014 Terrigal Hotel Terrigal
LIQH4000118546 Royal Hotel Orange
LIQC3000240533 Doyalson-Wyee RSL Doyalson
Club
LIQH4000121253 Victoria Hotel Wagga Wagga
LIQO6024006473 Wollongong Castros Wollongong
LIQH4000112785 Collaroy Beach Hotel Collaroy

2009 No 542

Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009

Amendment of Liquor Act 2007 No 90 Schedule 1
Licence number Name of licensed Location

premises

LIQH4000102453 PJ Gallagher’s Irish Pub Parramatta
LIQH4000106254
Unity Hall Hotel Balmain
LIQH4024006058
First Empire Hotel Kings Cross
LIQH4000101368
Collingwood Hotel Liverpool
LIQH4000102283
Ivy Sydney
LIQO6024006666
The Old Manly Boat Manly
Shed
LIQO6024006134
AKA Nightclub Bar Sutherland
LIQH4000106068
Toongabbie Hotel Toongabbie
LIQH4000117434
King Street Hotel Newcastle
LIQH4000120184
Central Hotel Tamworth
LIQH4000122268
North Wollongong Wollongong
Hotel
LIQO6024006255
Altitude Nightclub Port Macquarie
LIQH4000108400
New England Hotel Armidale
LIQH4000116225
Waratah Hotel Mudgee
LIQH4000102224
Exchange Hotel Darlinghurst
LIQH4000100809
Vegas Hotel Kings Cross
LIQH4000108168
The Bended Elbow Albury
LIQH4000109369
Royal Hotel Bowral Bowral
LIQH4000105967
Tea Gardens Hotel Bondi Junction
LIQH4000115997
Victoria Hotel Moree
LIQH4000108346
White Bull Hotel Armidale
LIQH4000102100
Epping Hotel Epping
LIQO6024006198
Club 209 Campbelltown
LIQH4000114605
The Standard Hotel & Lismore
Lounge Bar
LIQO6024006734
Dragonfly Kings Cross
LIQH4000105495
Shark Hotel Sydney
LIQC3000245934
St Marys RSL & St Marys
Ex-Servicemans Club

2009 No 542

Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009

Schedule 1 Amendment of Liquor Act 2007 No 90
Licence number Name of licensed Location

premises

LIQH4000102690 Grand Hotel Bondi Junction
LIQO6024006554 Down Under Port Macquarie
LIQH4000109946 Grand Hotel Wyong
LIQO6000702607 Sydney Turf Club Canterbury / Rosehill
(Rosehill & Canterbury
Racecourses)
LIQH4000116896 The Griffith Hotel Griffith
Motel

2      Special licence conditions

(1) A level 1 licence is subject to each of the conditions specified in
this Schedule.
(2) A level 2 licence is subject to the conditions specified in
clauses 4, 6 and 7 of this Schedule.
(3) The conditions specified in this Schedule are in addition to any
other conditions to which a level 1 or level 2 licence is subject.

[2]      Schedule 4, clause 2A

Insert after clause 2:

2A Additional security measures
(1) In this clause:
additional security measure means a security measure that
comprises or relates to any of the following:
(a) providing security staff,
(b) training for security staff,
(c) closed-circuit television,
(d) digital video and audio recording devices,
(e) electronic ID scanning,
(f) systems for recording and retaining patron particulars,
(g) inter-venue communication network.
(2) The licensee of any declared premises must:
(a) within 14 days of the commencement of this clause, or

2009 No 542

Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009

Amendment of Liquor Act 2007 No 90 Schedule 1
(b) in the case of premises that become declared premises at any time after the commencement of this clause—within 14 days of the premises becoming declared premises,

notify the Director-General, in the form approved by the Director-General, of the details of one or more additional security measures that the licensee proposes to implement in relation to the premises.

(3) The Director-General may, after considering the notice provided
by the licensee under subclause (2), decide:
(a) to approve the additional security measure or measures as notified by the licensee without any variations, or
(b) to approve the additional security measure or measures as notified by the licensee with such variations as are determined by the Director-General, or
(c) to approve a different additional security measure in relation to the declared premises.
(4) The Director-General is to notify the licensee in writing of the Director-General’s decision and of the date on and from which the licensee is required to implement the additional security measure or measures approved by the Director-General. Any such implementation date must be at least 14 days after the date on which the Director-General is notified by the licensee under subclause (2).
(5) The licensee must implement the approved additional security measure or measures in accordance with the Director-General’s notice.
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