Liquor Regulation 2008 (NSW)

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Part 1Preliminary1Name of Regulation

This Regulation is the Liquor Regulation 2008.

2Commencement

This Regulation commences on 1 July 2008.

3Definitions(1)

In this Regulation:

approved privacy course means a training course with respect to the protection of the privacy of patrons of licensed premises and that is approved by the Secretary.

existing licence has the same meaning as in Part 2 of Schedule 1 to the Act.

existing registered club has the same meaning as in clause 93 of Schedule 2 to the Registered Clubs Act 1976.

former Act means the Liquor Act 1982.

former Board means the Liquor Administration Board constituted by section 72 of the former Act.

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 new Act.

general late trading period, in relation to premises, means:

  • (a)

    the period between midnight on any day of the week and such later time at which the premises are required to cease trading, or

  • (b)

    in the case of premises that are not required to cease trading at any time after midnight on any day of the week—the period between midnight and 7 am.

high risk day period—see clause 3A.

high risk venue means a high risk venue within the meaning of section 116B of the Act.

licence-related authorisation means any of the following:

  • (a)

    an extended trading authorisation,

  • (b)

    a drink on-premises authorisation,

  • (c)

    any other authorisation that may be granted by the Authority under Part 3 of the Act (other than a licence),

  • (d)

    a minors area authorisation,

  • (e)

    a minors functions authorisation.

multi-function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, more than one function.

multi-occasion extended trading authorisation means an extended trading authorisation of the kind referred to in section 49 (5) (c) or 49A (3) (c) of the Act.

ongoing extended trading authorisation means an extended trading authorisation of the kind referred to in section 49 (5) (a) or 49A (3) (a) of the Act.

Opera House site means the Opera House within the meaning of the Sydney Opera House Trust Act 1961.

single function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, one (but not more than one) function.

special occasion extended trading authorisation means an extended trading authorisation of the kind referred to in section 49 (5) (b) or 49A (3) (b) of the Act.

Sydney CBD Entertainment precinct means the area of that name described in Schedule 1A.

the Act or the new Act means the Liquor Act 2007.

tourist accommodation establishment means:

  • (a)

    premises operating under an on-premises, hotel or club licence that relates to accommodation premises, and

  • (b)

    that provides accommodation in at least 20 rooms or self-contained suites (other than accommodation on a bed or dormitory-style basis rather than in separate rooms), and

  • (c)

    that provides beverages, meals and other associated services to temporary residents and their guests,

but does not include any tourist accommodation establishment bar area on the premises that permits entry or exit (including by way of a vestibule) directly to a public street.

tourist accommodation establishment bar area, in relation to a tourist accommodation establishment, means any part of the establishment in which liquor is ordinarily sold or supplied for consumption in the establishment, but does not include:

  • (a)

    a dining area in the establishment, or

  • (b)

    any part of the establishment in which liquor is, otherwise than as authorised under section 17 (6) of the Act, sold or supplied exclusively to residents.

weekend or holiday late trading period, in relation to subject premises, means:

  • (a)

    the period between midnight on any Friday, Saturday or public holiday night or night before a public holiday and such later time at which the premises are required to cease trading, or

  • (b)

    in the case of premises that are not required to cease trading at any time after midnight on any Friday, Saturday or public holiday night or night before a public holiday—the period between midnight on any Friday, Saturday or public holiday night or night before a public holiday and 7 am, or

  • (c)

    a high risk day period.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

3AHigh risk day period(1)

The Secretary may by order published on the NSW legislation website declare a period on a specified day or part-day in a particular year to be a high risk day period.

(2)

The order can declare a high risk day period for the whole of a precinct or for a specified part of a precinct and for a specified venue, or class of venues, within such a precinct or part of a precinct.

(3)

An order declaring a high risk day period may only be made if the Secretary is satisfied that there is a risk that a significant degree of alcohol- related violence or other anti-social behaviour associated with the day will occur in the precinct, part precinct or venue or venues concerned on that day.

(4)

Notice in writing of an order declaring a high risk day period for a specified venue or class of venues must be given to the licensees of the venues concerned at least 28 days before the high risk day period.

(5)

The Secretary may by order published on the NSW legislation website cancel a high risk day period declared under this clause.

(6)

An order under subclause (1) or (5) must be published at least 21 days before the high risk day period.

Part 2Application fees4Application fees generally(1)

The application fees payable for the purposes of the Act are the fees specified in Schedule 1 (except as provided by clause 5).

(2)

The amount of the fee payable for an application is the amount specified under the heading “Total” in relation to the application concerned.

(2A)

If an application specified in Schedule 1 (other than an application for a limited licence (single function)) is made by means of an electronic system approved by the Authority, the amount specified under the heading “Processing component” in respect of the application is reduced by 10% and the total amount payable under this clause is reduced accordingly.

(2B), (2C)

(Repealed)

(3)

If an application:

  • (a)

    is refused by the Authority, or

  • (b)

    is granted by the Authority but is subsequently withdrawn by the applicant before the licence or other authorisation concerned takes effect, or

  • (c)

    is treated by the Authority as having been withdrawn,

the fee that has been paid in connection with the application is to be refunded to the applicant, except for any amount specified under the heading “Processing component” (which is taken to be a fee to cover the costs incurred by the Authority in processing the application concerned).

(4)

If an application for a multi-occasion extended trading authorisation is made on or before 31 December 2016, any fee paid in connection with the application is to be refunded to the applicant.

5Other application fees(1)

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)

For the purposes of section 59 (2) (b) of the Act, the application fee for approval to remove a licence to other premises is the same fee as the licence application fee specified in Part 1 of Schedule 1 for the particular type of licence concerned.

Part 2APeriodic licence feesNote—

The first assessment date for periodic licence fees is 15 March 2015.

5ADefinitions

In this Part:

assessment date—see clause 5B (1).

assessment year means a period of 12 months commencing on 15 March.

base fee element—see clause 5D (1).

compliance history risk loading element—see clause 5E (1).

element of a periodic licence fee—see clause 5C.

location risk loading element—see clause 5G (1).

patron capacity loading element—see clause 5H (1).

periodic licence fee means the periodic licence fee payable in respect of an assessment year for a licence (under section 58A of the Act).

trading hours risk loading element—see clause 5F (1).

5BAssessment date and due date for payment of periodic licence fees(1)

The assessment date for a periodic licence fee is 15 March in each assessment year (with 15 March 2015 being the first assessment date).

(2)

The due date for the payment of a periodic licence fee is 29 May in each assessment year.

(3)

A licensee is not required to pay a periodic licence fee, or any element of a periodic licence fee, due on 29 May in any calendar year if the licence concerned was granted after 15 March in that year.

5CPeriodic licence fees

The periodic licence fee for a licence is the sum of the following elements:

  • (a)

    the base fee element (determined and adjusted under clause 5D),

  • (b)

    the compliance history risk loading element (determined under clause 5E),

  • (c)

    the trading hours risk loading element (determined under clause 5F),

  • (d)

    the location risk loading element (determined under clause 5G), which is payable only if a compliance history risk loading element is payable,

  • (e)

    the patron capacity loading element (determined under clause 5H), which is payable only if a compliance history risk loading element is payable.

5DBase fee element(1)

The base fee element of a periodic licence fee for a licence is as follows:

  • (a)

    for a hotel licence (other than general bar licence or former community liquor licence)—$500,

  • (b)

    for a general bar licence—$250,

  • (c)

    for a club licence—$500,

  • (d)

    for a small bar licence—$200,

  • (e)

    for an on-premises licence—$400,

  • (f)

    for a packaged liquor licence:

    • (i)

      where the licensee holds 3 or less such licences, or the licensee or a business owner has an interest in the business, or the profits of the business, carried on under packaged liquor licences at 3 or less premises—$500, or

    • (ii)

      where the licensee holds more than 3, but not more than 9, such licences, or the licensee or a business owner has an interest in the business, or the profits of the business, carried on under packaged liquor licences at more than 3, but not more than 9, premises—$1,000, or

    • (iii)

      where the licensee holds more than 9 such licences, or the licensee or a business owner has an interest in the business, or the profits of the business, carried on under packaged liquor licences at more than 9 premises—$2,000, or

    • (iv)

      where a combination of any of the matters referred to in subparagraphs (i)–(iii) applies—the highest of the amounts so referred to,

  • (g)

    for a producer/wholesaler licence—$200,

  • (h)

    for a multi-function limited licence—$100,

  • (i)

    for a former community liquor licence —$100.

(2)

The base fee element referred to in this clause (the adjustable fee amount) is to be adjusted for inflation as provided by this clause on 15 March each year, beginning on 15 March 2016.

(3)

The adjustable fee amount that is to apply for any assessment year commencing on 15 March is to be determined by multiplying the adjustable fee amount that applied for the previous assessment year by the annual increase in the Consumer Price Index during that previous assessment year.

(4)

The annual increase in the Consumer Price Index during an assessment year is to be calculated as B/A where:

A is the Consumer Price Index number for the last quarter for which such a number was published before the start of the assessment year.

B is the Consumer Price Index number for the last quarter for which such a number was published before the end of the assessment year.

(5)

If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.

(6)

Before the start of each assessment year, commencing on or after 15 March 2016, the Secretary is to publish notice of the amount of each adjustable fee amount for that assessment year (as adjusted under this clause) on the following websites:

  • (a)

    the NSW legislation website,

  • (b)

    the website of the Department of Justice.

(7)

If the determination of an adjustable fee amount for an assessment year under this clause results in an amount that is not a whole number multiple of $1, the amount calculated is to be rounded up to the nearest whole number multiple of $1 and that amount as so rounded is the adjustable fee amount for that year.

(8)

In this clause:

Consumer Price Index means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician.

Consumer Price Index number, in relation to a quarter, means the number for that quarter appearing in the Consumer Price Index.

5ECompliance history risk loading element(1)

The compliance history risk loading element of a periodic licence fee for a licence is:

  • (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

  • (b)

    $6,000—if:

    • (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

    • (ii)

      the licence was, at any time during the relevant compliance period, listed in Table 2 at the end of clause 1 of Schedule 4 to the Act when that list was replaced in its entirety during the assessment year ending on the relevant assessment date, or

    • (iii)

      (Repealed)

  • (c)

    $9,000—if:

    • (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

    • (ii)

      the licence was, at any time during the relevant compliance period, listed in Table 1 at the end of clause 1 of Schedule 4 to the Act when that list was replaced in its entirety during the assessment year ending on the relevant assessment date, or

    • (iii)

      (Repealed)

  • (d)

    if a combination of any of the circumstances specified in paragraphs (a)–(c) exist in relation to a licence—the highest of the amounts so specified.

(2)

If none of the circumstances specified in subclause (1) exist in relation to a licence, no compliance history risk loading element is payable for the licence.

(3)

For the purposes of this clause, a relevant prescribed offence event occurs when:

  • (a)

    a court convicts a person of a prescribed offence (whether or not it imposes any penalty), or

  • (b)

    an amount is paid under a penalty notice in respect of such an offence, or

  • (c)

    a penalty notice enforcement order under the Fines Act 1996 is made against the person in respect of such an offence.

(4)

However, if:

  • (a)

    the conviction is overturned on appeal, or

  • (b)

    the person elects, after an amount is paid under the penalty notice, to have the offence dealt with by a court, or

  • (c)

    the penalty notice, or the penalty notice enforcement order to the extent that it applies to the penalty notice, is withdrawn or annulled,

the relevant prescribed offence event derived from the conviction, payment or making of the order is taken not to have occurred and so much of the compliance history risk loading element as comprises the amount based on the relevant prescribed offence event is to be refunded by the Secretary to the licensee.

(5)

If more than one prescribed offence is committed by the licensee or manager of the premises to which a licence relates within a single 24-hour period, no more than one relevant prescribed offence event is, for the purposes of this clause, taken to have occurred in relation to that licence.

(6)

In this clause:

prescribed offence has the same meaning as in section 144B of the Act.

relevant compliance period, in relation to a periodic licence fee payable in respect of an assessment year, means the calendar year before the relevant assessment date for that year.

5FTrading hours risk loading element(1)

The trading hours risk loading element of a periodic licence fee for a licence is as follows:

  • (a)

    if, on the relevant assessment date, the licensee is authorised to sell or supply liquor to patrons on the licensed premises on a regular basis between midnight and 1.30 am (but not after 1.30 am) on any day—$2,500,

  • (b)

    if, on the relevant assessment date, the licensee is authorised to sell or supply liquor to patrons on the licensed premises on a regular basis between 1.30 am and 5 am on any day—$5,000,

  • (c)

    if, on the relevant assessment date, a multi-occasion extended trading authorisation is in force in respect of the premises (whether or not liquor is being sold or supplied in accordance with the authorisation on that date)—$1,000.

(2)

A trading hours risk loading element that applies to a producer/wholesaler licence endorsed with a drink on-premises authorisation is to be determined by reference to the period that the licensee is authorised to sell liquor by retail on the licensed premises, for consumption on the licensed premises, under the drink on-premises authorisation and not by reference to the period that the licensee is authorised to sell or supply liquor on the licensed premises on a regular basis under the producer/wholesaler licence.

(3)

An on-premises licence that relates to a vessel that is authorised under section 25 (9) (a) of the Act to sell liquor by retail to passengers on board the vessel is taken for the purposes of this Part to authorise the licensee to sell or supply liquor on licensed premises on a regular basis between 1.30 am and 5 am on any day. The operation of this subclause is subject to any licence condition that restricts the times at which liquor may be sold or supplied.

(4)

In this clause, a reference to the sale or supply of liquor to patrons does not include a reference to the sale or supply of liquor to:

  • (a)

    a resident of the licensed premises concerned or to a guest of such a resident while the guest is in the resident’s company, or

  • (b)

    an employee of the licensee, or

  • (c)

    a person referred to in section 29 (3) of the Act.

(5)

A trading hours risk loading element is not payable in relation to the following licences:

  • (a)

    a producer/wholesaler licence that is not endorsed with a drink on-premises authorisation,

  • (b)

    a small bar licence,

  • (c)

    an on-premises licence that relates only to one or more of the following:

    • (i)

      accommodation premises,

    • (ii)

      a catering service,

    • (iii)

      an airport,

    • (iv)

      a restaurant where the licence is not endorsed under section 24 (3) of the Act with an authorisation that allows liquor to be sold or supplied for consumption on the licensed premises,

  • (d)

    a multi-function limited licence,

  • (e)

    a former community liquor licence,

  • (f)

    a packaged liquor licence,

  • (g)

    a hotel or club licence that relates to a tourist accommodation establishment, but only if the Secretary is satisfied that any tourist accommodation establishment bar area on the licensed premises is operated after midnight primarily for the use of residents and their guests or persons who are invited to attend a conference or function on the premises,

  • (h)

    a licence that relates to licensed premises that the Secretary is satisfied are situated in a regional or remote locality having a population of less than 1,000 persons and in respect of which the accessibility to goods, services and opportunities for social interaction is considered to be significantly restricted due to the remoteness of the locality.

5GLocation risk loading element(1)

The location risk loading element of a periodic licence fee for a licence (which is payable only if a compliance history risk loading element is payable) is $2,000, if the licensed premises are, on the relevant assessment date, within a prescribed precinct.

(2)

A location risk loading element is not payable in relation to the following licences:

  • (a)

    a producer/wholesaler licence that is not endorsed with a drink on-premises authorisation that relates to premises within a prescribed precinct,

  • (b)

    a multi-function limited licence,

  • (c)

    a former community liquor licence.

(3)

(Repealed)

5HPatron capacity loading element(1)

The patron capacity loading element of a periodic licence fee for a licence (which is payable only if a compliance history risk loading element is payable) is as follows:

  • (a)

    if, on the relevant assessment date, the patron capacity of the licensed premises is not more than 60 patrons—$1,000,

  • (b)

    if, on the relevant assessment date, the patron capacity of the licensed premises is more than 60, but not more than 120, patrons—$3,000,

  • (c)

    if, on the relevant assessment date, the patron capacity of the licensed premises is more than 120, but not more than 300, patrons—$5,000,

  • (d)

    if, on the relevant assessment date, the patron capacity of the licensed premises is more than 300 patrons—$8,000.

(2)

A patron capacity loading element that applies to a producer/wholesaler licence endorsed with a drink on-premises authorisation is to be determined by reference to that part of the licensed premises that is the subject of the drink on-premises authorisation and not by reference to the licensed premises under the producer/wholesaler licence.

(3)

A patron capacity loading element is not payable in relation to the following licences:

  • (a)

    a producer/wholesaler licence that is not endorsed with a drink on-premises authorisation,

  • (b)

    an on-premises licence that relates only to accommodation premises or a catering service (or both),

  • (c)

    a packaged liquor licence,

  • (d)

    a multi-function limited licence,

  • (e)

    a former community liquor licence.

(4)

It is a condition of each licence (other than a packaged liquor licence, a multi-function limited licence or a former community liquor licence) that the licensee must give the Secretary notice in writing of any change in the patron capacity of the licensed premises, with that notice being required to be given within 7 days of the change.

(5)

In this clause, patron capacity, in relation to licensed premises, means:

  • (a)

    if the patron capacity is established by a licence condition—that patron capacity, or

  • (b)

    if the patron capacity is not established by a licence condition:

    • (i)

      the patron capacity that the licensee has notified to the Secretary before the relevant assessment date, or

    • (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.

    • (iii)

      (Repealed)

(6)

In determining the patron capacity of licensed premises, any part of the premises that has been set aside exclusively for the purposes of accommodation of residents is taken not to be part of the licensed premises.

5INotice of periodic licence fee payable(1)

The Secretary is, as soon as is practicable after the assessment date for a periodic licence fee, but not less than 14 days before the due date for payment of the fee, to send a notice to the licensee liable to pay the fee.

(2)

The notice is to include:

  • (a)

    the total amount of the periodic licence fee payable, and

  • (b)

    the amount of each element of that fee that makes up that total amount, and

  • (c)

    the due date for payment of the fee.

(3)

A failure by the Secretary to comply with this clause does not affect a licensee’s liability to pay a periodic licence fee, late payment fee or application for reinstatement fee.

5JLate payment fee(1)

For the purposes of sections 58B (2) (b) and 58C (3) (b) (ii) of the Act, a late payment fee of the following amount is payable if the periodic licence fee payable for a licence has not been paid before the expiration of 28 days after the due date for payment:

  • (a)

    for a multi-function limited licence or a former community liquor licence—$50,

  • (b)

    for any other type of licence—$100.

(2)

The Secretary may waive or refund all or part of a late payment fee payable under this clause in any circumstances that the Secretary considers appropriate.

(3)

It is a condition of a licence that any late payment fee payable for the licence that has not been waived must be paid before the expiration of 28 days after the due date for payment of the periodic licence fee.

5KApplication for reinstatement fees(1)

For the purposes of section 58C (3) (b) (iii) of the Act, an application fee of $250 must accompany an application for the reinstatement of a licence cancelled under section 58B (3) of the Act.

(2)

(Repealed)

(3)

The Secretary may waive or refund all or part of the fee that is required to accompany an application under section 58C (3) (b) (iii) of the Act for a reinstatement of a cancelled licence in any circumstances that the Secretary considers appropriate.

5LRe-assessment of periodic licence fee(1)

The Secretary may re-assess a periodic licence fee at the request of the licensee or on the Secretary’s own initiative. Any such request must be made no later than 56 days after 29 May (that is, no later than the date on which the licence would otherwise be cancelled for late payment under section 58B of the Act).

(2)

If the Secretary is satisfied that an error was made in an assessment of the periodic licence fee (including an assessment based on an incorrect knowledge of the relevant circumstances), the Secretary may re-assess the periodic licence fee and send a further notice to the licensee concerned.

(3)

The further notice is to include the following:

  • (a)

    a statement as to the amount of re-assessed periodic licence fee,

  • (b)

    if the licensee has not paid the initially assessed periodic licence fee—the due date for the payment of the re-assessed periodic licence fee (being a date no later than 56 days after 29 May),

  • (c)

    if the licensee has paid the initially assessed periodic licence fee and the amount of the re-assessed fee is greater than the amount of the initially assessed fee—the due date for the payment of the difference in amounts (being a date no later than 56 days after 29 May).

(4)

If the licensee has paid the initially assessed periodic licence fee and the amount of the re-assessed periodic licence fee is less than the amount of the initially assessed fee, the Secretary is to refund the difference to the licensee.

5MWaiver of elements of periodic licence fee(1)

A person who holds a licence may apply to the Secretary for the waiver of any or all elements of the periodic licence fee payable in respect of the licence:

  • (a)

    no later than 7 days before the due date for payment, or

  • (b)

    if the person satisfies the Secretary that exceptional circumstances exist—no later than the date specified by the Secretary.

(2)

On receiving such an application, the Secretary may:

  • (a)

    if the Secretary is satisfied that the applicant is suffering financial hardship, waive any or all elements of the periodic licence fee payable in respect of the licence held by the applicant, or

  • (b)

    refuse to waive any element.

5NTransitional provisions: phasing-in of periodic licence fees(1)

Despite clause 5C, for the assessment years commencing on 15 March 2015 and 15 March 2016:

  • (a)

    only the base fee element and trading hours risk loading element of a periodic licence fee are payable, and

  • (b)

    any compliance history risk loading element, location risk loading element or patron capacity loading element is not payable.

(2)

A compliance history risk loading element of a periodic licence fee is first payable for the assessment year commencing on 15 March 2017. In assessing that element, events that occur in the 2016 calendar year may be taken into account. That element is due on 29 May 2017.

5O

(Repealed)

Part 3Provisions relating to applicationsDivision 1Advertising requirements6Definitions(1)

In this Division:

application means any of the following:

  • (a)

    an application for a licence,

  • (b)

    an application by a licensee for the revocation or variation of a condition of the licence or a condition of a licence-related authorisation (other than a revocation or variation that would result in reduced trading hours),

  • (c)

    an application to vary the business or activity, or the kind of premises, specified in an on-premises licence,

  • (d)

    an application for approval to remove a licence to other premises,

  • (e)

    an application by a licensee for a licence-related authorisation or for the variation of a licence-related authorisation (other than a variation that would result in reduced trading hours),

  • (f)

    an application to carry on business on temporary premises.

neighbouring premises, in relation to an application, means:

  • (a)

    any building situated on land that is within 50 metres of the boundary of the premises to which the application relates, or

  • (b)

    if a category B CIS (as referred to in clause 10 (3)) is required to accompany the application—any building situated on land that is within 100 metres of the boundary of the premises to which the application relates, or

  • (c)

    any building situated on land adjoining the boundary of the land on which the premises to which the application relates are or will be situated (or that would be land adjoining that boundary if it were not for a road separating the land).

(2)

In this Division, a reference to the premises to which an application relates is, in the case of an application for approval to remove a licence to other premises, a reference to the premises to which it is proposed to remove the licence.

7Occupiers of neighbouring premises to be notified of application(1)

The occupier of neighbouring premises must be notified by an applicant of the making of an application.

(1A)

The notice may be given before the making of the application but must be given no later than 2 working days after the application is made.

(2)

The notice must be in the form, and be given in the manner, approved by the Authority.

(3)

This clause applies in relation to a licence-related authorisation only if it is:

  • (a)

    an extended trading authorisation (other than a special occasion extended trading authorisation), or

  • (b)

    a drink on-premises authorisation, or

  • (c)

    an authorisation under section 24 (3) of the Act.

(4)

This clause does not apply in relation to an application for:

  • (a)

    a producer/wholesaler licence, or

  • (b)

    a limited licence.

8Other persons to be notified of application(1)

Each of the following must be notified by an applicant of the making of an application:

  • (a)

    the local police,

  • (b)

    the local consent authority,

  • (c)

    if the premises to which the application relates are, or will be, situated within 500 metres of the boundary of another local government area—the local consent authority for that other area,

  • (d)

    if the premises to which the application relates are, or will be, situated on Crown land within the meaning of the Crown Land Management Act 2016—the Minister administering that Act,

  • (e)

    if the application is a relevant application as referred to in section 48 (2) of the Act—each of the other relevant stakeholders referred to in clause 11 (2) or (3) (as the case requires),

  • (f)

    any other person or body (including any class of person or body) that the Authority has advised the applicant must be notified.

(1A)

The notice may be given before the making of the application but must be given no later than 2 working days after the application is made.

(2)

The notice must be in the form, and be given in the manner, approved by the Authority.

(3)

This clause does not apply in relation to an application that is of a class determined by the Authority as a class of application that may be made by means of an electronic system approved by the Authority.

9Notice relating to application to be fixed to premises(1)

If an application is made to the Authority, a notice relating to the application that is in the form approved by the Authority must, within 2 working days of making the application, be fixed by the applicant to the premises to which the application relates.

(2)

The notice must be fixed to the premises until such time as the application is determined by the Authority.

(3)

If premises have not been erected, the requirement to fix a notice relating to an application may be satisfied by fixing the notice to a notice board erected on the land on which it is proposed to erect the premises.

(4)

A notice is not fixed to premises or land in accordance with this clause unless:

  • (a)

    it is fixed to the premises or land in such a position that it is legible to members of the public passing the premises or land, and

  • (b)

    if the Authority has directed that it also be fixed in another specified position—it is also fixed in that other position.

(5)

This clause applies in relation to a licence-related authorisation only if it is:

  • (a)

    an extended trading authorisation, or

  • (b)

    a drink on-premises authorisation, or

  • (c)

    an authorisation under section 24 (3) of the Act.

(6)

This clause does not apply in relation to an application for a limited licence.

9AExemption for small bar applications(1)

This Division does not apply to or in respect of a small bar application if:

  • (a)

    development consent is required under the Environmental Planning and Assessment Act 1979 to use the premises to which the application relates as a small bar or to sell liquor during the times to which the application relates, and

  • (b)

    the local police and the Secretary are, no more than 2 working days after the application for the required development consent, or any variation to that application, is made, notified by the applicant of the making of the application for development consent or of the variation to that application.

(2)

However, a person who makes a small bar application must notify the local police of the making of the application no later than 2 working days after the application is made.

(3)

In this clause:

small bar application means any of the following:

  • (a)

    an application for a small bar licence,

  • (b)

    an application for approval to remove a small bar licence to other premises,

  • (c)

    an application for an extended trading authorisation for a small bar,

  • (d)

    an application to vary an extended trading authorisation for a small bar.

(4)

Without limiting subclause (1), this Division does not apply to or in respect of an application for a small bar licence if:

  • (a)

    the application relates to the same premises as the premises to which a general bar licence relates, and

  • (b)

    development consent has been obtained under the Environmental Planning and Assessment Act 1979 to sell liquor during the times to which the application relates and those times are specified in the development consent.

9BExemption for restaurant licence applications made online(1)

This Division does not apply to or in respect of an application for an on-premises licence relating to a restaurant if the application results in the issuing of an interim restaurant authorisation under clause 16A.

(2)

However, a person who makes any such licence application must notify the local police and the local consent authority of the making of the application no later than 2 working days after the application is made.

9CCompliance 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.

Division 2Community impact statements10Categories of CIS(1)

A community impact statement (CIS) that is required to accompany a relevant application (as referred to in section 48 (2) of the Act) is to be a category A CIS or a category B CIS as determined in accordance with this clause.

(2)

A category A CIS is required if the relevant application is:

  • (a)

    an application for a packaged liquor licence that is limited to the sale of liquor only by means of taking orders over the telephone or by facsimile or mail order, or through an Internet site, or

  • (b)

    (Repealed)

  • (c)

    an application under section 59 of the Act for approval to remove a licence referred to in paragraph (a) to other premises, or

  • (d)

    (Repealed)

  • (e)

    an application for an extended trading authorisation in relation to an on-premises licence if the authorisation operates to authorise the sale of liquor (otherwise than to the residents of the licensed premises and their guests) at any time between 5 am and 10 am or between 10 pm and midnight on a Sunday, or

  • (e1)

    an application for a multi-occasion extended trading authorisation, or

  • (f)

    an application for an authorisation under section 24 (3) of the Act, or

  • (g)

    an application that is required by the Authority under paragraph (f) of the definition of relevant application in section 48 (2) of the Act to be accompanied by a category A CIS.

(3)

A category B CIS is required if the relevant application is:

  • (a)

    an application for a hotel licence, or

  • (b)

    an application for a club licence, or

  • (b1)

    an application for a small bar licence, or

    Note—

    Applications in relation to small bars are exempt from the CIS requirements in certain circumstances—see section 48 (3A) of the Act.

  • (c)

    an application for a packaged liquor licence (other than a licence that is limited to the sale or supply of liquor through an Internet site), or

  • (d)

    an application for a on-premises licence that relates to a public entertainment venue other than a cinema or a theatre, or

  • (e)

    an application for an ongoing extended trading authorisation in relation to a licence referred to in paragraphs (a)–(d), or

  • (f)

    an application under section 59 of the Act for approval to remove a licence referred to in paragraphs (a)–(d) to other premises, or

  • (g)

    an application for an ongoing extended trading authorisation in relation to an on-premises licence if the authorisation operates to authorise the sale of liquor at any time between midnight and 5 am, or

  • (h)

    an application for an ongoing extended trading authorisation in relation to a producer/wholesaler licence if the authorisation operates to authorise the sale of liquor by retail (otherwise than to the residents of the licensed premises and their guests) at any time between midnight and 5 am, or

  • (i)

    an application that is required by the Authority under paragraph (f) of the definition of relevant application in section 48 (2) of the Act to be accompanied by a category B CIS.

(4)

A category A CIS is not required to accompany an application for a multi-occasion extended trading authorisation if:

  • (a)

    in the case of an application that relates to club premises—the club premises have unrestricted trading hours at the time the application is made, or

  • (b)

    in the case of an application that relates to club premises—within the period of 6 months before the application is made:

    • (i)

      the trading hours of the club premises have been reduced by a condition under section 54 of the Act (or a request has been made by the club for a condition to be imposed under that section that would result in reduced trading hours), or

    • (ii)

      an ongoing extended trading authorisation in respect of the club premises has, on application by the club, been revoked or been varied so as to reduce the trading hours to no later than 1.30 am (or an application has been made to reduce the trading hours to no later than 1.30 am), or

  • (c)

    in the case of an application that relates to any other licensed premises—the trading hours of the premises at the time the application is made are equal to or more than the trading hours under the proposed extended trading authorisation.

10ACIS to address matters relating to gambling activities in hotels during extended trading periods

In the case of an application for an extended trading authorisation in relation to a hotel licence, the matters to be addressed by a CIS are to include matters relating to gambling activities on the licensed premises during the period that the authorisation is proposed to be in force.

11Preparation of CIS—consultation requirements(1)

In preparing a CIS, the applicant must provide each relevant stakeholder with a notice, in the form and manner approved by the Authority, containing information about the relevant application and the process by which the stakeholder is able to consult with the applicant on the relevant application.

(2)

In the case of a category A CIS, the relevant stakeholders are as follows:

  • (a)

    the local consent authority,

  • (b)

    if the premises to which the relevant application relates are, or will be, situated within 500 metres of the boundary of another local government area—the local consent authority for that other area,

  • (c)

    the local police,

  • (d)

    such other stakeholders as are determined by the Authority.

  • (e)

    (Repealed)

(3)

In the case of a category B CIS, the relevant stakeholders are as follows:

  • (a)

    the local consent authority,

  • (b)

    if the premises to which the relevant application relates are, or will be, situated within 500 metres of the boundary of another local government area—the local consent authority for that other area,

  • (c)

    the local police,

  • (d)

    the Department of Health,

  • (e)

    the Department of Community Services,

  • (f)

    the Roads and Traffic Authority,

  • (g)

    the recognised leaders or representatives of the local Aboriginal community (if any) in the area,

  • (h)

    the occupier of any neighbouring premises as referred to in clause 6,

  • (i)

    such other stakeholders as are determined by the Authority.

(4)

Without limiting subclause (3), the relevant stakeholders include, in the case of an application for an extended trading authorisation in relation to a hotel licence, any organisation located in the local government area in which the hotel is situated that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services.

11ACIS exemptions for applications relating to certain premises(1)

A community impact statement is not required to accompany an application for a licence or licence-related authorisation that relates to the same business or activity carried out immediately before the commencement of this clause on any premises situated within:

  • (a)

    the Opera House site, or

  • (b)

    Warwick Farm Racecourse, or

  • (c)

    Canterbury Racecourse.

(2)

Subclause (1) only applies in relation to an application for a licence or licence-related authorisation that is made within the period of 3 months immediately following the commencement of this clause.

Division 3General12Submissions in relation to applications(1)

Any person may, subject to this clause, make a submission to the Authority in relation to any application that is made to the Authority under the Act.

(2)

Any such submission must:

  • (a)

    specify details of the application to which the submission relates, and

  • (b)

    be made within 30 days of the date on which the application was made, or such shorter period as the Authority may determine in any particular case.

(3)

In the case of an application for:

  • (a)

    a limited licence, or

  • (b)

    a special occasion extended trading authorisation, or

  • (c)

    an authorisation under section 14 (6) of the Act (relating to hotel functions on other premises), or

  • (d)

    a drink on-premises authorisation that is, in the opinion of the Authority, of a temporary nature,

submissions must be made within 14 days of the date on which the application was made, or such shorter period as the Authority may determine in any particular case.

(4)

Despite subclauses (2) and (3), the Authority may, in such cases as the Authority thinks fit, extend the period in which persons may make submissions in relation to any particular application or class of applications.

(5)

This clause does not apply in relation to an application for an on-premises licence relating to a restaurant if the application results in the issuing of an interim restaurant authorisation under clause 16A.

12AReasons for decisions relating to certain applications requiring category A CIS(1)

In this clause:

interested party, in relation to a relevant application, means:

  • (a)

    a person or body referred to in clause 11 (2) who is required to be consulted under that clause, and

  • (b)

    any person who has made a submission under clause 12.

relevant application means an application of the kind referred to in clause 10 (2) (e).

Note—

In the case of applications that are required to be accompanied by a category B CIS, see the regulations made under section 36C of the Gaming and Liquor Administration Act 2007.

(2)

If the Authority makes a decision in relation to a relevant application, the applicant or any interested party may request the Authority to provide a statement in writing of the reasons for the decision.

(3)

The Authority may refuse to provide a statement of reasons to an interested party if:

  • (a)

    the request is made later than 28 days after the decision is made, or

  • (b)

    in the case of a person who has made a submission under clause 12—the Authority is of the opinion that the person’s submission was trivial or vexatious.

13Referral of certain applications not required

The Authority is not, under section 42 of the Act, required to refer any of the following applications to the Secretary:

  • (a)

    an application for a single function limited licence,

  • (b)

    an application that is to be determined by a designated Public Service employee (within the meaning of section 3 (1) of the Gaming and Liquor Administration Act 2007) acting under a delegation given by the Authority in respect of the application.

14Advertising of other applications(1)

If an application (other than an application to which Division 1 applies) is made to the Authority, the Authority may require the application to be advertised in such manner as the Authority considers appropriate.

(2)

The Authority may refuse to determine any such application unless it has been advertised in accordance with any requirement.

15Applications for certain licence-related authorisations(1)

This clause applies in relation to an application for any of the following:

  • (a)

    an extended trading authorisation (other than a special occasion extended trading authorisation),

  • (b)

    a drink on-premises authorisation,

  • (c)

    an authorisation under section 24 (3) of the Act.

(2)

An application to which this clause applies must demonstrate, to the satisfaction of the Authority, that:

  • (a)

    practices are in place, and will remain in place, at the licensed premises to which the application relates that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and

  • (b)

    if development consent under the Environmental Planning and Assessment Act 1979 (or an approval under Part 3A or Part 5.1 of that Act) is required to use the licensed premises in accordance with the licence-related authorisation concerned—the required consent or approval is in force.

16Information relating to persons interested in licensee’s business

Section 41 of the Act does not apply in relation to an application for a limited licence.

Division 4Interim restaurant authorisations16AIssue of interim restaurant authorisation to applicants for restaurant licence(1)

A person who, on or after the commencement of this clause, makes an application for an on-premises licence relating to a restaurant is, when the application is made, to be issued with an interim restaurant authorisation by the Secretary if:

  • (a)

    the application is made online, and

  • (b)

    the application is not required to be accompanied by a community impact statement under section 48 of the Act, and

  • (c)

    the application is, except to the extent provided by this clause, made in accordance with sections 40 and 41 of the Act, and

  • (d)

    any planning approval required to use the premises for the purposes of a restaurant is in force, and

  • (e)

    the application for the planning approval was subject to a public consultation process under the Environmental Planning and Assessment Act 1979 and indicated that the premises are intended to operate as a licensed restaurant.

(1A)

However, the person making the licence application is not to be issued with an interim restaurant authorisation in respect of the premises to which the application relates if:

  • (a)

    any interim restaurant authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or

  • (b)

    an application for an on-premises licence in respect of the premises has been refused during that 12-month period.

(2)

The Secretary may, by notice in writing to the person making the licence application, require the person to provide such information as the Secretary requires in relation to matters referred to in subclause (1). If any such information is not provided within 30 days from the giving of the notice the Secretary may revoke the interim restaurant authorisation issued to the person.

(3)

If:

  • (a)

    an application for an on-premises licence relating to a restaurant was made in accordance with the Act before the commencement of this clause but was not determined before that commencement, and

  • (b)

    the application was not required to be accompanied by a community impact statement under section 48 of the Act, and

  • (c)

    any planning approval required to use the premises for the purposes of a restaurant is in force, and

  • (d)

    the application for the planning approval was subject to a public consultation process under the Environmental Planning and Assessment Act 1979 and indicated that the premises are intended to operate as a licensed restaurant,

the Secretary may issue the licence applicant with an interim restaurant authorisation.

(4)

An interim restaurant authorisation under this clause is to be in the form approved by the Secretary.

(5)

While an interim restaurant authorisation under this clause is in force, the person to whom the authorisation is issued, and any employee or agent of that person, is exempt from so much of section 7 of the Act as would prohibit the person, employee or agent from selling liquor on the premises to which the authorisation relates.

(6)

Subclause (5) is subject to the following requirements:

  • (a)

    the sale of liquor on the premises to which the authorisation relates and the operation of those premises must comply with the licence conditions under the Act and this Regulation that would apply in relation to the premises if they were a licensed restaurant,

  • (b)

    any person selling liquor on the premises to which the authorisation relates must hold current recognised RSA certification under Division 1 of Part 5,

  • (c)

    in the case of an interim restaurant authorisation issued under subclause (3), liquor cannot be sold on the premises unless the local police and the local consent authority have been given at least 2 days’ notice before trading commences.

(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.

(8)

While an interim restaurant authorisation is in force:

  • (a)

    the premises to which the authorisation relates are taken to be licensed premises, and

  • (b)

    the person to whom the authorisation is issued is taken to be the licensee of those premises,

for the purposes of the Act and this Regulation.

(9)

Subclause (8) does not apply in relation to Division 3 of Part 4 of the Act or to such other provisions of the Act or this Regulation as the Secretary may determine by order in writing.

(10)

Unless it is revoked by the Secretary, an interim restaurant authorisation continues to be in force until the licence application in respect of which the authorisation was issued is determined by the Authority in accordance with the Act.

(11)

For the purposes of this clause, planning approval means development consent under the Environmental Planning and Assessment Act 1979 or approval under Part 3A or 5.1 of that Act.

(12)

The 6-hour closure period under section 11A of the Act that, in accordance with subclause (6) (a), applies to the premises to which an interim restaurant authorisation relates is the period from 4 am to 10 am.

Part 4Licences and licensed premises—miscellaneous provisions17General and small bar licences—prohibition on gambling

It is a condition of a general bar licence or a small bar licence that the licensed premises cannot be used:

  • (a)

    to conduct a totalizator, or to conduct any betting activity, under the authority of a licence granted under the Totalizator Act 1997, or

  • (b)

    to conduct a public lottery (within the meaning of the Public Lotteries Act 1996) authorised under that Act.

Note—

Keno is a form of public lottery.

17ASmall bars—maximum number of patrons

For the purposes of section 20C (1) of the Act, the prescribed number is 100.

18On-premises licence—excluded premises

For the purposes of section 21 of the Act, premises that operate primarily as premises providing entertainment by way of amusement machines (such as pinball machines or video games), pool tables, games of poker using playing cards or juke boxes are prescribed:

  • (a)

    as premises in respect of which an on-premises licence must not be granted, or

  • (b)

    if an on-premises licence has been granted for the premises—as premises in respect of which the authorisation conferred by the licence does not apply.

19On-premises licence—authorisations allowing liquor to be sold without another product or service(1)

An authorisation under section 24 (3) of the Act is subject to the following conditions:

  • (a)

    a notice, in the form approved by the Authority, relating to the authorisation and its effect must be displayed at or near every entrance by which members of the public may enter the licensed premises in such a manner and in such a position that a person coming in by the entrance would reasonably be expected to be alerted to its contents,

  • (b)

    (Repealed)

  • (c)

    the licensee must, on a monthly basis, record the total liquor sales during that month and the total sales of the other product or service during that month, and make each such record available for inspection by a police officer or inspector on request.

  • (d)

    (Repealed)

(2)

In the case of an authorisation under section 24 (3) of the Act that is, as provided by Schedule 1 to the Act, a continuation of a dine-or-drink authority under the former Act, the condition referred to in subclause (1) (a) does not apply in relation to the licensed premises concerned until after 31 December 2008.

20On-premises licence—authorisation to trade on premises other than licensed premises(1)

In this clause:

relevant authorisation means an authorisation under section 25 (6) of the Act to sell liquor on premises other than the licensed premises to which an on-premises licence relates.

(2)

A relevant authorisation may be granted by the Authority only for the purposes of authorising the licensee to sell liquor:

  • (a)

    in the case of a licensee who carries on a commercial catering business—on any premises in respect of which the licensee provides catering services, or

  • (b)

    to a person who is participating in a commercial tour operated by the licensee or a related corporation of the licensee.

(3)

A relevant authorisation is subject to the condition that food of a nature consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on any premises in accordance with the authorisation.

(4)

A relevant authorisation is, on the commencement of this Regulation, taken to be in force in relation to an existing caterer’s licence that is, under Schedule 1 to the Act, converted to an on-premises licence that relates to a catering service. Any such relevant authorisation authorises the licensee to sell liquor, at any time when liquor is authorised to be sold or supplied under the licence, on any premises in respect of which the licensee provides catering services.

(5)

A relevant authorisation that is, or is taken to be, held by a licensee who carries on a commercial catering business is subject to the following conditions:

  • (a)

    the licensee must give written notice of any proposal to provide catering services at a function to be held under the authorisation to the local police and the local council for the area in which the function is to be held,

  • (b)

    the notice must include the following details:

    • (i)

      the address of the premises on which the function is to be held,

    • (ii)

      the name of the occupier of those premises,

    • (iii)

      the nature of the function,

    • (iv)

      the number of persons for whom catering services are to be provided at the function,

    • (v)

      the date on which, and the hours during which, the function is to be held,

  • (c)

    the notice must be given not less than 14 days before the date on which the function is to be held,

  • (d)

    the licensee must not sell or supply liquor on any premises in respect of which an application by any person for any of the following has been refused by the Authority within the previous 2 years:

    • (i)

      a licence,

    • (ii)

      the removal of a licence to those premises,

    • (iii)

      an extended trading authorisation.

(6)

Despite subclause (5), a relevant authorisation that relates to licensed premises at the Opera House site is not subject to the conditions specified in subclause (5) (a)–(c) in relation to any function held within the Opera House site at which the licensee provides catering services.

21On-premises licence—authorisation to sell liquor for consumption away from licensed premises(1)

An authorisation under section 26 of the Act to sell liquor for consumption away from the premises to which an on-premises licence relates may be granted by the Authority only if:

  • (a)

    the licence is held by or on behalf of a non-proprietary association and the Authority is satisfied that the licensed premises promote tourism or industry in the local area in which the premises are situated, or

  • (b)

    the licensed premises are situated in or on a facility that is under the control or management of a public authority (whether or not the licence is held by or behalf of the public authority).

(2)

An authorisation under section 26 of the Act is subject to the following conditions:

  • (a)

    in the case of licensed premises referred to in subclause (1) (a)—liquor may only be sold for consumption away from the premises if it has been produced in the local area in which the premises are situated,

  • (b)

    in the case of licensed premises referred to in subclause (1) (b)—liquor may only be sold for consumption away from the premises if it is a souvenir liquor product of the public authority concerned,

  • (c)

    in the case of an authorisation in force immediately before the commencement of the Liquor Amendment (Takeaway Souvenir Liquor Sales) Regulation 2010—liquor may only be sold under the authorisation between 10 am and 10 pm.

(2A)

An authorisation under section 26 of the Act cannot authorise the sale of liquor between midnight and 5 am.

(3)

An authorisation under section 26 of the Act cannot be granted if the premises to which the on-premises licence relates are a vessel, an aircraft or any moving vehicle.

(4)

An existing Governor’s licence that is, under Schedule 1 to the Act, converted to an on-premises licence is taken to be endorsed with an authorisation under section 26 of the Act if the sale of liquor for consumption away from the licensed premises was authorised under the former Act.

(5)

For the purposes of subclause (2) (b), liquor is a souvenir liquor product of a public authority only if:

  • (a)

    the bottle or other container in which the liquor is contained is, with the permission of the public authority, marked with the name, logo or other distinguishing feature of the public authority or the facility in or on which the licensed premises are situated, and

  • (b)

    it is promoted primarily as a souvenir of the public authority or that facility, and

  • (c)

    it is sold or made available for sale with the permission of the public authority.

(6)

In this clause:

facility means a facility (including any building or land) that is operated or used for a cultural, sporting, recreational, educational or scientific purpose.

public authority means a statutory body referred to in Schedule 2 to the Public Finance and Audit Act 1983.

22Licensed cinemas and theatres

Sections 123–126 of the Act do not apply to or in respect of a licensed public entertainment venue that is a cinema or a theatre.

22ATrading past midnight on morning of restricted trading day

Sections 14 (3) and 25 (3) of the Act do not apply to or in respect of licensed premises during any period that the premises would otherwise be authorised to trade in accordance with an extended trading authorisation that is in force in relation to the premises.

23Notice relating to industry shows and producers’ markets or fairs(1)

For the purposes of section 33 (1) (d) and (e) of the Act, the notice required to be given to the Authority and local police by the organiser of an industry show or a producers’ market or fair is to be in writing and in the form approved by the Authority.

(2)

It is a condition of a producer/wholesaler licence that the licensee must not sell or supply the licensee’s product at an industry show or at a producers’ market or fair in accordance with section 33 (1) (d) or (e) of the Act unless the local council in whose area the industry show or market or fair is to be held has been notified, in writing and in the form approved by the Authority, about the industry show or market or fair (as the case requires) at least 7 days before it is held.

24Requirements relating to producers’ markets or fairs

The following requirements are prescribed for the purposes of the definition of producers’ market or fair in section 33 (5) of the Act:

  • (a)

    the market or fair must include a minimum of 10 stall holders displaying their produce or other products for sale directly to the public,

  • (b)

    the market or fair must be promoted as being a market or fair at which farmers or primary producers display and sell their products directly to the public,

  • (c)

    (Repealed)

25Wine producers—prescribed percentage of wine that is licensee’s own product

For the purposes of paragraph (b) of the definition of licensee’s product in section 33 (3) of the Act, the prescribed percentage is:

  • (a)

    50%—in the case of wine that has been produced by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises or a vineyard related to the licensed premises, or

  • (b)

    85%—in the case of wine that has been produced on the licensee’s behalf, or under the direction of the licensee or a related corporation of the licensee, from fruit grown on the licensed premises or a vineyard related to the licensed premises.

26Multiple premises of wine producers(1)

For the purposes of section 35 (2) of the Act, the licensed premises of a wine producer are all located in the same wine region if the premises are all located in one, but not more than one, of the following wine regions (being a wine region that is a geographical indication determined under Australian Grape and Wine Authority Act 2013 of the Commonwealth):

  • (a)

    Murray Darling,

  • (b)

    Perricoota,

  • (c)

    Riverina,

  • (d)

    Swan Hill,

  • (e)

    Cowra,

  • (f)

    Mudgee,

  • (g)

    Orange,

  • (h)

    Hunter,

  • (i)

    Hastings River,

  • (j)

    New England Australia,

  • (k)

    Shoalhaven Coast,

  • (l)

    Southern Highlands,

  • (m)

    Canberra District,

  • (n)

    Gundagai,

  • (o)

    Hilltops,

  • (p)

    Tumbarumba,

  • (q)

    Western Plains.

(2)

However, if the licensed premises of a wine producer are not located in any of the wine regions referred to in subclause (1), the licensed premises of the wine producer are, for the purposes of section 35 (2) of the Act, taken to be all located in the same wine region if the premises are all located within 20 km of each other.

27Incident registers

For the purposes of section 56 (2) (d) of the Act, any incident that results in a patron of the licensed premises requiring medical assistance is prescribed as an incident that must, if it occurs outside of the standard trading period for the premises, be recorded in the incident register required to be maintained under that section.

28Closure of licensed premises by Authority

For the purposes of section 84 (5) of the Act, the Authority cannot require the closure of premises for a period of more than 6 months.

29Display of name of licensed premises(1)

The sign required by section 95 (1) of the Act to appear and be maintained on the front of licensed premises must:

  • (a)

    appear and be maintained in such a manner that it may be read from the part of a public place to which the front of the premises abuts, and

  • (b)

    include the name of the licensee, and

  • (c)

    in the case of a hotel licence that is designated as a general bar licence—indicate that the licence for the premises is a general bar licence, and

  • (d)

    in the case of an on-premises licence—indicate either the business or activity carried out on the licensed premises or the kind of licensed premises to which the licence relates.

(2)

Subclause (1) (a) and (b) does not apply to the licensed premises of an existing registered club until after 31 December 2009.

(3)

Subclause (1) (d) does not apply to the licensed premises of an on-premises licence that is a continuation of an existing on-licence until after 31 December 2009.

30

(Repealed)

31Sale or supply of liquor to minors prohibited—notice to be displayed in licensed premises(1)

A licensee must cause a notice that contains the following words to be displayed in the licensed premises in accordance with this clause:

IT IS AGAINST THE LAW TO SELL OR SUPPLY ALCOHOL TO, OR TO OBTAIN ALCOHOL ON BEHALF OF, A PERSON UNDER THE AGE OF 18 YEARS

Maximum penalty: 20 penalty units.

(2)

The notice must be in the form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(3)

The notice must be prominently displayed:

  • (a)

    in the case of premises where liquor is sold at a bar or counter—at the bar or counter, in such a manner and in such a position that a person standing at the bar or counter would reasonably be expected to be alerted to its contents, and

  • (b)

    in the case of premises where liquor is not sold at a bar or counter but is otherwise sold—at or near every entrance by which members of the public may enter the premises, in such a manner and in such a position that a person coming in by the entrance would reasonably be expected to be alerted to its contents.

(4)

Despite subclause (1), a notice that complied with clause 33 of the Liquor Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

(5)

This clause does not apply in relation to a licensee that is an existing registered club until after 31 December 2008.

32Sale of liquor through Internet site—notice to be displayed(1)

A licensee who offers liquor for sale through an Internet site must display on the site, at all times while it is accessible, the following notice in accordance with this clause:

LIQUOR ACT 2007

IT IS AGAINST THE LAW TO SELL OR SUPPLY ALCOHOL TO, OR TO OBTAIN ALCOHOL ON BEHALF OF, A PERSON UNDER THE AGE OF 18 YEARS

Maximum penalty: 20 penalty units.

(2)

The words contained in the notice must be big enough to ensure that a person accessing the Internet site would reasonably be expected to be alerted to the contents of the notice.

(3)

Despite subclause (1), a notice that complied with clause 33A of the Liquor Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

33Bar areas of hotels and clubs(1)

In this clause:

bar area means the bar area of hotel or club premises.

(2)

A licensee must cause a notice that contains the following words to be displayed, in accordance with this clause, in the bar area of the hotel or club premises concerned:

PERSONS UNDER THE AGE OF 18 YEARS ARE NOT PERMITTED IN THIS AREA BY LAW

Maximum penalty: 20 penalty units.

(3)

The notice must be in the form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(4)

The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.

(5)

Despite subclause (1), a notice that complied with clause 34 of the Liquor Regulation 1996 or clause 12 (1) of the Registered Clubs Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

(6)

Section 124 (1) (a) or (2) (a) of the Act does not apply in relation to a licensee if the minor who is in the bar area is performing in a show or other live entertainment performance held in the bar area and is in the company of a responsible adult while in the bar area.

33AMinors prohibited in small bars during trading hours—notice to be displayed(1)

The licensee of a small bar must cause a notice that contains the following words to be displayed, in accordance with this clause, on the licensed premises:

PERSONS UNDER THE AGE OF 18 YEARS ARE NOT PERMITTED ON THESE PREMISES DURING LIQUOR TRADING HOURS

Maximum penalty: 20 penalty units.

(2)

The notice must be in the form approved by the Secretary and be obtained from the NSW Office of Liquor, Gaming and Racing.

(3)

The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the licensed premises would reasonably be expected to be alerted to its contents.

34Use of certain areas by accompanied minors—notice to be displayed in hotels and licensed public entertainment venues(1)

A hotelier must cause a notice containing the words specified in subclause (3) to be displayed, in accordance with this clause, in any area of the hotel to which a minors area authorisation relates.

Maximum penalty: 20 penalty units.

(2)

The holder of an on-premises licence that relates to a public entertainment venue (other than a cinema or a theatre) must cause a notice containing the words specified in subclause (3) to be displayed, in accordance with this clause, in any area of the licensed premises in which entertainment is provided.

Maximum penalty: 20 penalty units.

(3)

For the purposes of subclauses (1) and (2), the required words are as follows:

PERSONS UNDER THE AGE OF 18 YEARS MUST BE WITH A RESPONSIBLE ADULT IN THIS AREA BY LAW

(4)

The notice must be in the form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(5)

The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.

(6)

Despite subclause (1), a notice that complied with clause 35 of the Liquor Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

35Breath analysis instruments

For the purposes of section 97 (4) of the Act, the following requirements are prescribed in relation to the sign that must be displayed on or in close proximity to any breath analysis instrument installed on licensed premises:

  • (a)

    the sign must be clearly legible and in good condition and so positioned that its contents can be easily read by a person using the instrument,

  • (b)

    the sign must display the following matter in print of a type size and character that will be clearly legible to a person using the equipment:

    IMPORTANT INFORMATION ABOUT BREATH TESTING

    Readings given by this instrument are NOT ACCEPTED by the Police or the Courts.

    Your blood alcohol level can rise for 1 hour or more after your last drink.

36Display and availability of licence and licence-related authorisations(1)

This clause applies to any member of staff of licensed premises who:

  • (a)

    sells, supplies or serves liquor on the licensed premises, or

  • (b)

    carries on any security activity (such as a crowd controller or bouncer) on or about the licensed premises, or

  • (c)

    exercises any functions under the Act or this Regulation.

(2)

It is a condition of a licence that a copy of each of the following are available at all times for the information of the members of staff of the licensed premises to which this clause applies:

  • (a)

    the licence,

  • (b)

    any licence-related authorisation held in relation to the licence,

  • (c)

    any conditions imposed by the Authority or the Secretary on the licence or the authorisation.

37Requirement to provide information relating to persons interested in licensee’s business

If a person referred to in section 55 of the Act ceases to be a person who, in accordance with that section, is interested in the business, or the conduct of the business, carried out on licensed premises, it is a condition of the licence that the Authority is, within 28 days of the person ceasing to have that interest, notified in writing that the person is no longer such an interested person.

38Resumption of trading—requirement to notify Authority

It is a condition of a licence that the licensee must, following any continuous period of more than 6 weeks during which the licensed premises ceased trading, notify the Authority as soon as practicable after the licensed premises resume trading.

38A

(Repealed)

38BCondition relating to licensed vessels(1)

It is a condition of an on-premises licence that relates to a vessel that the licensee must not (except as provided by this clause) cause or permit any passenger to board from or disembark to any part of the Sydney CBD Entertainment precinct (whether from the berthed vessel or by a tender or other means) during the general late trading period.

(2)

The Secretary may, on application by a licensee, by order in writing exempt the licensee from the application of subclause (1) during a period or in the circumstances specified in the order.

(3)

Subclause (1) does not apply in relation to the period between midnight and 3 am on 1 January in any year.

Part 5Provisions relating to the responsible sale, supply, service and promotion of liquorDivision 1Responsible service of alcohol (RSA) training39Definitions(1)

In this Division:

approved RSA training course has the meaning it has in section 114A of the Act.

approved training provider means a training provider that is approved by the Secretary under this Division to provide training courses with respect to the responsible service of alcohol.

interim RSA certificate has the meaning it has in section 114A of the Act.

patron ID scanner means a patron ID scanner within the meaning of Division 3 of Part 6 of the Act.

privacy endorsement, in relation to a recognised competency card, means an endorsement on the card indicating that the holder of the card has successfully completed an approved privacy course.

recognised competency card has the meaning it has in section 114A of the Act.

recognised RSA certification means an interim RSA certificate or a recognised competency card.

registered training organisation means an NVR registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

staff member, in relation to licensed premises, means any employee or agent of, or person purporting to act on behalf of, the licensee of the premises.

(2)

For the purposes of this Division, a recognised RSA certification is current if it has not yet expired or if it is not suspended or revoked.

39AIssue of recognised competency card(1)

For the purposes of the definition of recognised competency card in section 114A of the Act, a recognised competency card is a card (in hard copy or electronic form) issued by or on behalf of the Secretary to a person that:

  • (a)

    certifies (based on an interim RSA certificate granted to the person within the period of 5 years before the card is issued) that the person has successfully completed an approved RSA training course, and

  • (b)

    provides for its expiry on the 5th anniversary of:

    • (i)

      if the card only certifies the completion of an approved RSA training course on the basis of an interim RSA certificate—the date on which the certificate was granted, or

    • (ii)

      if the card certifies the completion of both an approved RSA training course and approved RCG training course on the basis of interim RSA and RCG certificates—the date on which the certificates were granted or, if the dates on which the certificates were granted differ, the earliest of the dates, and

  • (c)

    contains such other information (including photographic or other information about the identity of the person) as the Secretary may require at the time the card is issued.

(2)

Without limiting subclause (1) (c), a recognised competency card does not cease to be a recognised competency card only because it also certifies that the person to whom the card is issued has successfully completed an approved RCG training course.

(3)

The Secretary may, on payment of a fee of $30, issue a replacement recognised competency card to a person if the Secretary is satisfied that the original card:

  • (a)

    has been lost, stolen or damaged, and

  • (b)

    is still current.

(4)

A person is not liable to pay a fee of more than $30 for the replacement of a recognised competency card even if the card also certifies the successful completion of an approved RCG training course.

(4A)

A fee of $30 is payable to the Secretary for including a privacy endorsement on a recognised competency card (other than a new recognised competency card issued by the Secretary following the successful completion, within 28 days of the expiry of a recognised competency card, of an approved RSA training course provided by the Secretary).

(5)

In this clause:

approved RCG training course and interim RCG certificate have the same meanings as they have in Division 5 of Part 3 of the Gaming Machines Regulation 2010.

39AASuspension or revocation of recognised RSA certification(1)

The Authority may, on application by the Secretary or the Commissioner of Police, make any of the following orders:

  • (a)

    an order suspending, for the period specified by the Authority, any recognised RSA certification held by a person,

  • (b)

    an order revoking any recognised RSA certification held by a person,

  • (c)

    an order declaring that a person is disqualified from holding any recognised RSA certification for such period (not exceeding 12 months) as is specified in the order.

(2)

The Authority may only make an order under this clause in respect of a person if the Authority is satisfied that the person has:

  • (a)

    contravened any of the person’s obligations under the Act or this Regulation that, in the opinion of the Authority, relate to the responsible service of alcohol (including, without limitation, permitting intoxication on licensed premises), or

  • (b)

    been charged with, or found guilty of, a serious indictable offence involving violence that was committed on licensed premises or in the immediate vicinity of licensed premises on a patron of the premises or a person attempting to enter the premises, or

  • (c)

    while a member of staff of licensed premises situated in the Kings Cross precinct or the Sydney CBD Entertainment precinct, contravened any of the person’s obligations under the Act or this Regulation that relate to the use of a patron ID scanner (including obligations relating to the protection of any personal information recorded by a patron ID scanner).

(3)

An order made on the ground that a person has been charged with, or found guilty of, a serious indictable offence is revoked if the charge is withdrawn or dismissed or the finding is overturned on appeal.

(4)

The Authority may not make an order under this clause in respect of a person unless the person has been given notice of the application for the order and has been given a reasonable opportunity to make submissions to the Authority in relation to the application.

(5)

An order under this clause takes effect on the date specified by the Authority in the order. Notice of the making of the order is to be given to the person who is the subject of the order, but failure to give notice does not affect the operation of the order if a reasonable attempt has been made to notify the person.

(6)

If the Authority makes an order under this clause in respect of a person, the person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the Authority’s decision.

(7)

Section 53 of the Administrative Decisions Review Act 1997 does not apply in relation to the Authority’s decision to make an order under this clause.

(4)

If:

  • (a)

    a multi-occasion extended trading authorisation is granted in respect of licensed premises, and

  • (b)

    the licence was, immediately before the granting of the authorisation, subject to the condition under section 11A (2) of the Act,

the condition does not apply in relation to the licence on any day that liquor is sold or supplied in accordance with the authorisation.

79Temporary freeze on licences and other authorisations in prescribed precincts(1)

1 June 2019 is prescribed for the purposes of the definition of freeze period in section 47A (1) of the Act.

(2)

Division 1A of Part 4 of the Act does not apply to or in respect of the following classes of subject premises:

  • (a)

    tourist accommodation establishments (other than clubs),

  • (b)

    restaurants,

  • (c)

    public entertainment venues that regularly provide:

    • (i)

      live music entertainment (other than pre-recorded music), or

    • (ii)

      a combination of live music entertainment (other than pre-recorded music) and visual or performance arts or other cultural events.

80Definition of “metropolitan area”—section 66 of Act

For the purposes of section 66 of the Act, a metropolitan area comprises the following local government areas:

  • Ashfield, Auburn, Bankstown, Blacktown, Blue Mountains, Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, Canterbury, Fairfield, Gosford, Hawkesbury, Holroyd, Hornsby, Hunter’s Hill, Hurstville, Kogarah, Ku-ring-gai, Lake Macquarie, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, Newcastle, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland, Sydney, The Hills, Warringah, Waverley, Willoughby, Wollondilly, Wollongong, Woollahra, Wyong.

80AMulti-occasion ETAs cannot be granted for metropolitan licensed premises

For the purposes of section 49B (2) of the Act, the metropolitan area specified in clause 80 is prescribed.

80BProvisional approval of applications to change boundaries of licensed restaurants for outdoor dining purposes(1)

An application under section 94 of the Act to change the boundaries of a licensed restaurant is, when the application is made, taken to be provisionally approved if:

  • (a)

    the application is made in a form and manner approved by the Secretary, and

  • (b)

    the applicant declares in the application that the area to which the application relates is to be used for outdoor dining and the sale of liquor with (or ancillary to) outdoor dining, and

  • (c)

    any approval by the local council that is required for the area to which the application relates to be used for outdoor dining has been obtained.

(2)

However, any such application is taken not to be provisionally approved if:

  • (a)

    an extended trading authorisation or an authorisation under section 24 (3) of the Act is in force in respect of the licensed restaurant, or

  • (b)

    the licence for the licensed restaurant is, or was at any time in the previous 12 months, a level 1 or level 2 licence within the meaning of Schedule 4 to the Act, or

  • (c)

    the licensee or manager of the licensed restaurant has, in the previous 12 months, committed a prescribed offence within the meaning of Part 9A of the Act.

(3)

The provisional approval of an application to change the boundaries of a licensed restaurant:

  • (a)

    operates to change the boundaries of the licensed premises during the period that the provisional approval is in force, and

  • (b)

    is subject to such conditions as may imposed by the Secretary, and

  • (c)

    may be revoked at any time by the Secretary.

(4)

Unless it is sooner revoked by the Secretary, the provisional approval of an application to change the boundaries of a licensed restaurant continues in force until the application is determined by the Authority in accordance with section 94 of the Act.

(5)

The Secretary may waive the application fee for an application under section 94 of the Act that is made in accordance with this clause. In that case, section 94 (4) of the Act does not apply in relation to licensed premises to which the application relates.

(6)

In this clause, licensed restaurant means licensed premises operating under the authority of an on-premises licence granted in respect of a restaurant.

80CDefinition of “tertiary institution”—section 4 of Act

For the purposes of paragraph (c) of the definition of tertiary institution in section 4 (1) of the Act, the following higher education providers are prescribed:

  • National Art School (ACN 140179111), Forbes Street, Darlinghurst, NSW 2010

Part 8Transitional provisions consequent on Liquor Amendment Act 201481Definitions

In this Part:

amending Act means the Liquor Amendment Act 2014.

bottle shop means premises or part of premises described in section 12 (1C) of the Act.

extended trading provision means section 14 (4A), 18 (3A), 26 (3A), 29 (3A) or 49 (4) (b) of, and clause 44 or 45 of Schedule 1 to, the Act.

transitional period means the period commencing on the date of assent to the amending Act and ending on 24 February 2014.

82Exemption during transitional period: standard trading hours for bottle shops(1)

A bottle shop is exempted from section 12 (1B) of the Act during the transitional period.

(2)

The standard trading period for a bottle shop during the transitional period is the standard trading period set out in section 12 (1) of the Act.

(3)

If trading outside of the standard trading period was authorised in relation to a bottle shop under section 14, 18, 26, 29 or 49 of the Act immediately before the date of assent to the amending Act (an existing authorisation), the bottle shop is exempted from any extended trading provision for the transitional period and may continue for that transitional period to trade outside the standard trading period in accordance with the existing authorisation.

83Exemption: “lock outs” for declared premises

The licensee of any declared premises within the meaning of Schedule 4 to the Act is exempt from clause 3 (1) of that Schedule (as amended by the amending Act) during the transitional period if the licensee complies, during that period, with clause 3 (1) as in force immediately before its amendment by the amending Act.

84Premises in Kings Cross precinct

Despite the amendments made to this Regulation by the amending Act, clauses 53B, 53C, 53D, 53F and 53G and 53H of this Regulation (as in force immediately before the date of assent to the amending Act) are taken to continue to apply to subject premises in the Kings Cross precinct until 24 February 2014.

Schedule 1Application fees

(Clause 4)

Part 1Licence applications

Column 1

Column 2

Column 3

Column 4

Type of licence

Fixed component

Processing component

Total

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 means of an electronic system approved by the Authority)

Nil

$80

$80

Limited licence (single function) (made otherwise than by means of an electronic system approved by the Authority)

Nil

$150

$150

Limited licence (multi-function)

$100

$400

$500

Part 2Applications for extended trading authorisations

Column 1

Column 2

Column 3

Column 4

Type of authorisation

Fixed component

Processing component

Total

Ongoing extended trading authorisation allowing trading until midnight

$100

$200

$300

Ongoing extended trading authorisation allowing 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)

$100

$200

$300

Ongoing extended trading authorisation allowing 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)

$1,500

$1,000

$2,500

Ongoing extended trading authorisation allowing 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)

$2,500

$1,000

$3,500

Ongoing extended trading authorisation for an on-premises licence relating to a catering service

Nil

$100

$100

Special occasion extended trading authorisation

Nil

$100

$100

Ongoing extended trading authorisation for a small bar

$750

$500

$1,250

Multi-occasion extended trading authorisation (application made on or before 31 December 2016)

Nil

Nil

Nil

Multi-occasion extended trading authorisation (application made on or after 1 January 2017):

  • (a)

    if the licensed premises to which the application relates were authorised to trade on a regular basis until at least 3 am within the period of 6 months before the application is made and:

    • (i)

      those extended trading hours have been reduced under the Act, or

    • (ii)

      an application has been made under the Act within that 6-month period to reduce those extended trading hours, or

    • (iii)

      a request has been made by the licensee within that 6-month period for a condition to be imposed under section 54 of the Act that would result in reducing trading hours, or

Nil

$150

$150

  • (b)

    in any other case

$500

$500

$1,000

Part 3Other applications

Column 1

Column 2

Column 3

Column 4

Type of application

Fixed component

Processing component

Total

Application under section 11A (5) for 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)

$100

$200

$300

Application under section 15A (2) for approval to cease selling liquor and to continue to provide other services and facilities

Nil

$400

$400

Application to vary on-premises licence—section 23 (5)

Nil

$100

$100

Application under section 46A to suspend licence or to vary or revoke licence suspension

Nil

$200

$200

Application for any licence-related authorisation (other than an extended trading authorisation)—section 51 (2)

Nil

$100

$100

Application by licensee under section 53 (2) or 54 (2) to vary or revoke a licence condition (other than an application to vary trading hours)

Nil

$100

$100

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 (subject to requirement that liquor may only be sold on the premises with, or ancillary to, a meal or the provision of accommodation), or

$100

$200

$300

  • (c)

    allowing 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), or

$1,500

$1,000

$2,500

  • (d)

    allowing 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)

$2,500

$1,000

$3,500

Application by licensee under section 53 (2) 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

Nil

$100

$100

Application by licensee under section 53 (2) or 54 (2) to vary or revoke a licence condition that would result in increased trading hours for a small bar

$750

$500

$1,250

Application by licensee under section 53 (2) or 54 (2) to vary or revoke a licence condition that would result in decreased trading hours

Nil

Nil

Nil

Application under section 60 or 61 to transfer hotel licence (other than a former community liquor licence) or packaged liquor licence

$300

$400

$700

Application under section 60 or 61 to transfer former community liquor licence

Nil

$100

$100

Application under section 60 or 61 to transfer limited licence

Nil

$100

$100

Application under section 60 or 61 to transfer any other type of licence

$200

$200

$400

Application under section 62 to carry on licensee’s business

Nil

$100

$100

Application under section 68 for approval of person to manage licensed premises

Nil

$100

$100

Application under section 78 (other than by the Secretary or the Commissioner of Police) for banning order

Nil

$100

$100

Application under section 92 for approval to lease or sublease part of licensed premises

Nil

$100

$100

Application under section 94 to change boundaries of licensed premises

Nil

$200

$200

Application under section 95 to alter name of licensed premises

Nil

$100

$100

Application under section 96 to carry on business on temporary premises

Nil

$100

$100

Application under section 27 (3), 28 (3), 92 (1) (a), 119 or 124 (3) (c) for Authority’s approval

Nil

$100

$100

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

(Repealed)

Schedule 1APrescribed precinctsNote—

The Kings Cross precinct (as defined in the Act) is declared under clause 53A to be a prescribed precinct.

Part 1Sydney CBD Entertainment Precinct

That part of the City of Sydney shown edged with a heavy unbroken line on the map marked “Sydney CBD Entertainment Precinct” signed by the Minister and deposited in the Office of Liquor, Gaming and Racing, but does not include the area within the Kings Cross precinct.

Note—

An illustration of the map is as follows:

Schedule 1AASydney CBD premises subject to “lock out” and liquor sales cessation restrictions

Licence number

Premises or part of premises

LIQO600462839

Argyle Tavern

LIQO624008199

Play Karaoke

LIQO624009952

Bavarian Beer Cafe York

LIQO624007136

Dockside

LIQO624008450

King St Brewhouse &Restaurant

LIQO624006549

Salon de Thé Restaurant

LIQO624006152

Men’s Gallery Sydney

LIQO624014771

Oxford Art Factory

LIQO624004559

Paradiso Terrace

LIQO624007501

Pure Platinum

LIQO624007139

Quay Bar

LIQO600407544

Governor’s Pleasure Restaurant

LIQO624004483

Metro Theatre

LIQH400121709

Part of QT Sydney known as “Gilt Bar” as at 29 March 2014

LIQH400100035

Part of Sydney Hilton Hotel known as “Zeta Bar” as at 29 March 2014

LIQH400101465

Part of Coronation Hotel known as “Smoking Panda Bar” as at 19 July 2016

Schedule 1BSydney CBD Entertainment 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 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 Limited

LIQC300226433

City Tattersalls Club

LIQH400101279

Civic Hotel

LIQH400103271

Concourse Bar

LIQH400104294

Coolabar Bar/Restaurant

LIQH400101465

Coronation Hotel

LIQH400101538

Court House Hotel

LIQH400101546

Covent Garden Hotel

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

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

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

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 1CKings 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 those premises.

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

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 1DHigh risk venue exceptions—Sydney CBD Entertainment precinct

The 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

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

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 Sydney

LIQO624008960

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

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 Museum

LIQO600702593

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 1EHigh risk venue exceptions—Kings Cross precinct

The 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

LIQO624003042

Bay Bua

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

Schedule 1FSpecial events extended trading for hotels and clubs

(Section 13 of the Act)

For a special event specified in Column 1 of the table below, the period specified in Column 2 is prescribed as a period during which liquor may be sold or supplied for consumption on the premises to which a hotel or club licence relates.

If a class of hotel or club premises is specified in Column 3 in relation to a special event, the extended trading period only applies to that class of hotel or club premises.

Column 1

Column 2

Column 3

Special event

Extended trading period

Class of hotel or club premises to which extended trading period applies

Vivid Festival

10 pm to 11 pm on Sunday 27 May 2018

Hotel or club premises in the following parts of the City of Sydney local government area: Barangaroo, Potts Point, Sydney and The Rocks

Vivid Festival

10 pm to 11 pm on Sunday 3 June 2018

Hotel or club premises in the following parts of the City of Sydney local government area: Barangaroo, Potts Point, Sydney and The Rocks

Vivid Festival

10 pm to 11 pm on Sunday 10 June 2018

Hotel or club premises in the following parts of the City of Sydney local government area: Barangaroo, Potts Point, Sydney and The Rocks

Coonamble Rodeo &Campdraft

10 pm to midnight on Sunday 10 June 2018

Hotel or club premises in the Coonamble local government area

State of Origin Game 2

10 pm to midnight on Sunday 24 June 2018

FIFA World Cup Group Match: Australia v Peru

Midnight to 3 am on Wednesday 27 June 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Round of 16 Match (but only if Australia is playing)

Midnight to 4.30 am on Sunday 1 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Round of 16 Match (but only if Australia is playing)

3.30 am to 5 am on Monday 2 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Quarter-final (but only if Australia is playing)

Midnight to 4.30 am on Saturday 7 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Quarter-final (but only if Australia is playing)

3.30 am to 10 am on Sunday 8 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Semi-final (but only if Australia is playing)

3.30 am to 5 am on Wednesday 11 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Semi-final (but only if Australia is playing)

3.30 am to 5 am on Thursday 12 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Third place play-off (but only if Australia is playing)

Midnight to 4.30 am on Sunday 15 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

FIFA World Cup Final

Midnight to 5 am on Monday 16 July 2018

Hotel or club premises providing a live broadcast of the match during the extended trading period

NRL Grand Final

10 pm to midnight on Sunday 30 September 2018

Bathurst 1000

10 pm to midnight on Sunday 7 October 2018

Hotel or club premises in the following parts of the Bathurst Regional local government area: Abercrombie, Bathurst, Eglinton, Kelso, Llanarth, Mitchell, Mount Panorama, Orton Park, Perthville, Raglan, South Bathurst, West Bathurst and Windradyne

Schedule 2Penalty notice offences

(Clause 74)

Column 1

Column 2

Provision

Penalty

Offences under the Act

Section 7 (1)

$1,100

Section 8 (1)

$1,100

Section 8 (2)

$55

Section 9

$1,100

Section 11 (2)

$1,100

Section 66 (1)

$550

Section 66 (2)

$1,100

Section 69 (1)

$550

Section 73 (1) or (2)

$1,100

Section 73 (3)

$550

Section 74 (1)–(4)

$550

Section 75 (3)

$1,100

Section 77 (4), (6) or (8)

$550

Section 78 (8)

$550

Section 82 (6)

$2,200

Section 84 (7)

$2,200

Section 86 (2)

$2,200

Section 88 (1)

$550

Section 92 (1) or (2)

$550

Section 93

$550

Section 95 (1), (2) or (4)

$55

Section 97 (5)

$220

Section 100 (2)

$550

Section 101 (7)

$550

Section 102 (3)

$550

Section 102A (2)

$550

Section 103

$550

Section 104 (1)

$55

Section 104 (5)

$220

Section 105 (1)

$55

Section 106 (1)

$550

Section 107 (1)

$55

Section 108 (1)

$1,100

Section 109 (1)

$1,100

Section 110 (1)

$550

Section 111 (1)

$110

Section 112

$110

Section 113 (1)

$220

Section 114 (1), (2), (3) or (7)

$220

Section 114 (8)

$330

Section 114B

$2,750 (in the case of a corporation)

$550 (in the case of an individual)

Section 114C

$2,750 (in the case of a corporation)

$550 (in the case of an individual)

Section 114D

$2,750 (in the case of a corporation)

$550 (in the case of an individual)

Section 116AC (3)

$550

Section 116AD (6)

$550

Section 116AE (9)

$2,200

Section 116E (3)

$550

Section 116F (5)

$550

Section 116G (8)

$2,200

Section 117 (1), (2), (4), (6) or (8)

$1,100

Section 118 (1)

$220

Section 118 (2)

$1,100

Section 119

$550

Section 120 (1)

$330

Section 122 (5)

$220

Section 123 (1)

$220

Section 124 (1)

$1,100

Section 124 (2)

$1,100

Section 125 (1)

$330

Section 126

$550

Section 128 (2)

$220

Section 129

$220

Section 138 (5)

$1,100

Schedule 1, clause 18 (1) or (2)

$330

Schedule 1, clause 18 (3)

$550

Schedule 1, clause 19

$330

Schedule 1, clause 20

$330

Offences under this Regulation

Clause 31 (1)

$220

Clause 32 (1)

$220

Clause 33 (2)

$220

Clause 33A (1)

$220

Clause 34 (1) or (2)

$220

Clause 39AA (8)

$550

Clause 39AA (9)

$220

Clause 39D (2)

$55

Clause 40 (1)

$1,100

Clause 40 (2):

  • (a)

    if the staff member’s recognised RSA certification has expired, or

$550

  • (b)

    in any other case.

$1,100

Clause 40 (2A) or (2B)

$1,100

Clause 40A

$1,100

Clause 41 (1)

$220

Clause 41 (2) or (3)

$440

Clause 41A

$440

Clause 42 (1)

$550

Clause 42 (2)

$220

Clause 42 (3) or (3A)

$440

Clause 42A (1) or 42B (1)

$550

Clause 42A (2) or 42B (2)

$440

Clause 49C (7)

$550

Clause 49C (8)

$220

Clause 50 (4)

$1,100

Schedule 3

(Repealed)

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