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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Liquor Amendment (Special Licence
Conditions) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Liquor Act 2007 No 90 2
4 Amendment of Liquor Regulation 2008 2
5 Repeal of Act 2
Schedule 1 Amendment of Liquor Act 2007 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Liquor Amendment (Special Licence
Conditions) Bill 2008
Act No , 2008
An Act to amend the Liquor Act 2007 to impose additional licence conditions in
respect of certain licensed premises.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Liquor Amendment (Special Licence Conditions) Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Liquor Amendment (Special Licence Conditions)
Act 2008.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Liquor Act 2007 No 90
The Liquor Act 2007 is amended as set out in Schedule 1.
4 Amendment of Liquor Regulation 2008
The Liquor Regulation 2008 is amended by omitting Division 3 of
Part 5 and Schedule 3.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Liquor Amendment (Special Licence Conditions) Bill 2008
Amendment of Liquor Act 2007 Schedule 1
Schedule 1 Amendment of Liquor Act 2007
(Section 3)
[1] Section 11 Licence conditions--general provisions
Insert after section 11 (1):
(1A) Schedule 4 (Special licence conditions for declared premises) has
effect. The regulations may amend that Schedule (including,
without limitation, by adding or removing any relevant licence
under that Schedule).
[2] Schedule 4
Insert after Schedule 3:
Schedule 4 Special licence conditions for
declared premises
(Section 11 (1A))
1 Definitions
In this Schedule:
declared premises means the premises to which a relevant
licence relates.
relevant licence means a licence specified in the Table at the end
of this clause.
restricted service period, in relation to declared premises, means:
(a) the period between midnight and such later time (if any) at
which the premises are required to cease trading, or
(b) in the case of declared premises that are not required to
cease trading at any time after midnight--the period
between midnight and 5 am.
Licence number Name of licensed premises Location
LIQH424007134 Pontoon Bar Sydney CBD
LIQH400104413 Orient Hotel Sydney CBD
LIQH400115733 Cargo Bar Sydney CBD
LIQH400110200 Scruffy Murphy's Sydney CBD
LIQH400108818 Home Nightclub Darling Harbour
LIQH400104480 Oxford Hotel Darlinghurst
Page 3
Liquor Amendment (Special Licence Conditions) Bill 2008
Schedule 1 Amendment of Liquor Act 2007
Licence number Name of licensed premises Location
LIQH400102224 Exchange Hotel Darlinghurst
LIQH400110154 ARQ Sydney Darlinghurst
LIQH424006252 Stonewall Hotel Darlinghurst
LIQH400101929 Taylor Square Hotel Darlinghurst
LIQH400100809 Vegas Hotel Potts Point
LIQH400104731 Piccadilly Hotel Potts Point
LIQH424006058 First Empire Hotel Potts Point
LIQH400101449 Coogee Bay Hotel Coogee
LIQH400100612 Bondi Hotel Bondi
LIQH400100620 The Eastern Bondi Junction
LIQH400105770 Steyne Hotel Manly
LIQH400103980 Mona Vale Hotel Mona Vale
LIQH400118260 Mean Fiddler Rouse Hill
LIQC300241858 Penrith Rugby League Club Penrith
LIQH400119054 Embassy Hotel Penrith
LIQH400100078 Albion Hotel Parramatta
LIQH400102453 PJ Gallagher's Irish Pub Parramatta
LIQH400122489 Roxy Hotel Parramatta
LIQH400111444 One World Sport Parramatta Parramatta
LIQH400102100 Epping Hotel Epping
LIQC300241866 Rooty Hill RSL Club Rooty Hill
LIQH400101635 NorthiesCronulla Hotel Cronulla
LIQO624006185 Fusion Cronulla
LIQO624006134 AKA Nightclub Bar Sutherland
LIQC300244695 Campbelltown Catholic Club Campbelltown
LIQH400104642 Peakhurst Inn Peakhurst
LIQH400112084 Commercial Hotel Dubbo
LIQH400118562 Standard Hotel Orange
LIQH400120230 Imperial Hotel Tamworth
LIQH400108893 Oxford Tavern Bathurst
Page 4
Liquor Amendment (Special Licence Conditions) Bill 2008
Amendment of Liquor Act 2007 Schedule 1
Licence number Name of licensed premises Location
LIQH400122403 Glasshouse Tavern Wollongong
LIQH400109911 Crowne Plaza Terrigal Terrigal
LIQH400110014 Terrigal Hotel Terrigal
LIQC300236005 Central Coast Leagues Club Gosford
LIQH424009773 Iguana Joe's Waterfront Bar Gosford
LIQH400115067 Club House Hotel Maitland
LIQH400117116 Beachcomber Resort & Conference Toukley
Centre
LIQO624006255 Altitude Nightclub Port Macquarie
LIQO624006658 Capital Nightclub Wagga Wagga
LIQO624006202 Flamingos Nitespot Goulburn
LIQH400121024 Roi Bar Albury
LIQH400114567 Mary Gilhooley's Irish Pub & Lismore
Restaurant
2 Special licence conditions
(1) A relevant licence is subject to the conditions specified in this
Schedule.
(2) The conditions specified in this Schedule are in addition to any
other conditions to which a relevant licence is subject.
(3) Any change in the name (as referred to in the Table to clause 1)
of any declared premises does not affect the application of this
Schedule to the licence for those premises.
3 "Lock outs" for declared premises
(1) The licensee of any declared premises must not permit patrons to
enter the premises after 2 am or before 5 am (the lock out period).
(2) For the avoidance of doubt, patrons already present in declared
premises immediately before the start of the lock out period may:
(a) leave the premises at any time, or
(b) remain on the premises while the premises are authorised
to trade,
but are not permitted to re-enter the premises during the lock out
period.
Page 5
Liquor Amendment (Special Licence Conditions) Bill 2008
Schedule 1 Amendment of Liquor Act 2007
(3) This clause does not:
(a) prevent a resident of declared premises from entering the
premises during the lock out period, or
(b) in the case of declared premises that are premises to which
a club licence relates--prevent a full member or honorary
member (within the meaning of the Registered Clubs Act
1976) of the registered club from entering the premises
during the lock out period.
4 Glasses and breakable plastic containers prohibited during
restricted service period
(1) During the restricted service period, any drink (whether or not it
contains liquor) sold or supplied for consumption on declared
premises must not be served or supplied in a glass or breakable
plastic container.
(2) During the restricted service period, the licensee of declared
premises must remove empty glasses and empty breakable plastic
containers from patrons and from any area of the premises to
which patrons have access.
(3) This clause does not require empty glasses or other containers to
be removed from the room in which a resident of declared
premises is residing or staying.
(4) In this clause:
glass means:
(a) a drinking vessel, or
(b) a container (such as a bottle or jug) from which drinks can
be poured,
that is made wholly or principally of glass.
5 Certain drinks prohibited during restricted service period
(1) The following drinks must not be sold or supplied on declared
premises during the restricted service period:
(a) any drink (commonly referred to as a "shot") that contains
no more than 30 ml of spirits or liqueur and that is designed
to be consumed rapidly,
(b) any drink containing more than 50% spirits or liqueur,
(c) any ready to drink beverage with an alcohol by volume
content of more than 5%,
(d) any drink prepared on the premises that contains more than
one 30 ml nip of spirits or liqueur.
Page 6
Liquor Amendment (Special Licence Conditions) Bill 2008
Amendment of Liquor Act 2007 Schedule 1
(2) During the restricted service period, no more than:
(a) 4 alcoholic drinks (whether or not of the same kind), or
(b) the contents of one bottle of wine,
may be sold or supplied on declared premises to the same person
at any one time.
(3) In this clause:
ready to drink beverage means an alcoholic mixed beverage that
is prepared by the manufacturer.
6 "Time-outs" during restricted service period
The sale or supply of liquor on declared premises must cease for
a continuous period of 10 minutes during each hour of the
restricted service period.
7 Service of alcohol to cease 30 minutes before closing time
If declared premises are required to cease trading on any day, the
licensee must cease selling or supplying liquor on the premises
30 minutes before the premises are required to cease trading.
8 Exemptions
(1) The Director may, by order in writing served on the licensee of
declared premises, exempt the declared premises from any
specified provision of this Schedule.
(2) The Director may exempt declared premises only if the Director:
(a) is satisfied that conditions other than the specified
provision to which the exemption relates will be more
effective in reducing the risk of alcohol-related violence in
or about the declared premises concerned, and
(b) imposes those other conditions on the licence for the
premises under any relevant provision of this Act.
(3) Any such relevant provision applies except to the extent that it
prevents the imposition of conditions that are inconsistent with
this Schedule.
Page 7
Liquor Amendment (Special Licence Conditions) Bill 2008
Schedule 1 Amendment of Liquor Act 2007
(4) An exemption under this clause has effect only while the other
conditions imposed by the Director to replace the specified
provision to which the exemption relates remain in force.
9 Review of Schedule
(1) The Minister is to review this Schedule to determine whether the
policy objectives remain valid and whether the terms of this
Schedule remain appropriate for securing those objectives.
(2) The review is to be undertaken no later than at the end of the
period of 12 months immediately following the date of assent to
the Liquor Amendment (Special Licence Conditions) Act 2008.
(3) In undertaking the review, the Minister is to consult with the
Bureau of Crime Statistics and Research of the Attorney
General's Department and take into consideration any
information and advice provided by the Bureau in relation to the
incidence of alcohol-related violence in or about the licensed
premises to which this Schedule applies.
(4) A report on the outcome of the review is to be tabled in each
House of Parliament within 3 months after the completion of the
review.
Page 8
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