State Environmental Planning Policy Amendment (Newcastle Restaurants and Small Bars) 2020 (2020-585) LW 30 September 2020 (NSW)

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New South Wales

State Environmental Planning Policy

Amendment (Newcastle Restaurants and

Small Bars) 2020

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

ROBERT STOKES, MP

Minister for Planning and Public Spaces

State Environmental Planning Policy Amendment (Newcastle Restaurants and Small Bars) 2020 [NSW]

State Environmental Planning Policy Amendment (Newcastle

Restaurants and Small Bars) 2020

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy Amendment (Newcastle

Restaurants and Small Bars) 2020.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

This Policy is repealed on the day following the day on which this Policy commences.

State Environmental Planning Policy Amendment (Newcastle Restaurants and Small Bars) 2020 [NSW]

Schedule 1 Amendment of Newcastle Local Environmental Plan 2012

Schedule 1

Amendment of Newcastle Local Environmental

Plan 2012

Clause 6.8

Insert after clause 6.7—

6.8

Temporary use of restaurants and small bars for extended hours

(1)

During the trial period, the use of nominated premises as a restaurant or small

bar during the late trading period is exempt development if—

(a)

there is a development consent under which the nominated premises may be used as a restaurant or small bar at times other than during the late trading period, and

(b)

there is a small bar licence or on-premises licence under the Liquor Act

2007 in force for the nominated premises, and

(c)

the use does not contravene a term or condition of the development consent that applies at times other than during the late trading period, not including a term or condition that specifies or restricts the trading hours of the restaurant or small bar.

(2)

This clause does not affect the application of the Liquor Act 2007 to the sale,

supply and consumption of liquor on nominated premises.

(3)

In this clause—

late trading period for a restaurant or small bar for a particular day means the

period between—

(a)

the end of the period during which the nominated premises may be used as a restaurant or small bar under the development consent on the particular day, and

(b)

the end of the period during which liquor may be sold for consumption on the premises under the Liquor Act 2007 on the particular day, including a period authorised by an extended trading authorisation under that Act.

nominated premises means the premises specified in the Table to this clause. trial period means the period commencing on 1 October 2020 and ending on

31 March 2021.

Name of premises

Location

Dockyard Hotel

Lot 31, DP 1136586

Civic Theatre

Lot 4, DP 1250295

Scratchley’s on the Wharf Restaurant

Lot 1, DP 1229407

Moneypenny Newcastle

SP 80990

Harbour Bar & Grill

SP 80990

The Landing (Newcastle)

SP 101583

The Edwards Parry Street Pty Ltd

Lots 75 and 76, section B, DP 32593

The Beehive Honeysuckle

SP 80986

Meet Restaurant

Lot 51, DP 39357

The Falcon Restaurant

Lot 1, DP 503043

State Environmental Planning Policy Amendment (Newcastle Restaurants and Small Bars) 2020 [NSW]

Schedule 1 Amendment of Newcastle Local Environmental Plan 2012

Name of premises

Location

Babylon Newcastle

Lot 1, DP 995712

Honeysuckle Social

SP 80985

Zinc on Darby (operating as Beach Burrito)

Lot 2, section H, DP 60745

Three Bears Kitchen

Lot 2, DP 790643

The Newcastle Signal Box

Lot 3, DP 1226551

Valerie’s Pizza Parlour

Lots 1 and 2, DP 152682

Milky Lane Newcastle

Lot 50, section D, DP 39357

The Grain Store

Lots 1 and 2, section D, DP 382

Kitami Japanese Restaurant

Lot A, DP 153958

Itch Social (operating as Koutetsu)

Lot 1, DP 1101230

Coal & Cedar

Lot 1, DP 79523

Big Poppys (operating as Uptowns Bar)

SP 31575

Blue Kahunas

Lot 3, SP 62138

Basement on Market Street

Lot 2, DP 790643

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