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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Liquor Bill 2007
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Meaning of "intoxicated" 9
6 Exemptions from Act 9
Part 2 Principal offences relating to sale and supply of
liquor
7 Licence required to sell liquor 12
8 Keeping or using unlicensed premises 12
9 Sale or supply of liquor contrary to licence 13
b2005-031-35.d11
Liquor Bill 2007
Contents
Page
Part 3 Liquor licences
Division 1 Preliminary
10 Types of licences and authorisation conferred by licence 14
11 Licence conditions--general provisions 14
12 Standard trading period for certain licensed premises 15
13 Special events extended trading period for hotels and clubs 15
Division 2 Hotel licences
14 Authorisation conferred by hotel licence 16
15 Hotel licence--general provisions 17
16 Hotel licence may be designated as a general bar licence 17
17 Hotel licence--miscellaneous conditions 18
Division 3 Club licences
18 Authorisation conferred by club licence 19
19 Club licence--general provisions 19
20 Club licence--miscellaneous conditions 20
Division 4 On-premises licences
21 Certain kinds of premises not to be licensed 20
22 Primary purpose test 21
23 On-premises licence must specify business/activity or kind
of licensed premises 21
24 On-premises licence--sale or supply of liquor must be with
or ancillary to other service or product 22
25 Authorisation conferred by on-premises licence (generally) 22
26 Authorisation to sell liquor for consumption away from
licensed premises in special circumstances 24
27 Requirement to provide food on licensed premises 24
28 Certain licensed premises must be open to general public 25
Division 5 Packaged liquor licences
29 Authorisation conferred by packaged liquor licence 25
30 Liquor sales area required if bottle shop is part of another
business activity 26
31 Restrictions on granting packaged liquor licences 26
Division 6 Producer/wholesaler licences
32 Wholesale suppliers of liquor 27
33 Wine producers 27
34 Small-scale producers of beer, spirits etc in non-
metropolitan areas 29
35 Miscellaneous provisions relating to wine producers 30
Contents page 2
Liquor Bill 2007
Contents
Page
Division 7 Limited licences
36 Authorisation conferred by limited licence 31
37 Limited licence--general provisions 32
38 Limited licence--miscellaneous conditions 32
39 Limited licence for special event 34
Part 4 Licensing procedures and related matters
Division 1 Licence applications and granting of
licences
40 Licence applications 35
41 Statement as to interested parties 35
42 Investigations, inquiries and referrals in relation to licence
applications 36
43 Authority or Director may require further information 36
44 Submissions to Authority in relation to licence applications 37
45 Decision of Authority in relation to licence application 37
46 Duration of licences 38
47 Granting of licence 38
Division 2 Miscellaneous provisions relating to
licences and licence-related authorisations
48 Community impact 38
49 Extended trading authorisation 40
50 Drink on-premises authorisation for licensed wine
producers 42
51 General provisions applying to licence-related
authorisations 43
52 Authority may impose special licence conditions 45
53 Authority may impose, vary or revoke licence conditions 45
54 Director may impose licence conditions 46
55 Requirement to provide information in relation to persons
interested in licensee's business 47
56 Incident registers 48
57 Authority may establish administrative policies and
procedures in relation to licensing matters 48
58 Courses of training and instruction for applicants and
licensees 48
Division 3 Licence removals and transfers
59 Removal of licence to other premises 49
60 Transfer of licence 50
61 Application for transfer of licence on dispossession of
licensee 52
62 Carrying on licensee's business after death etc of licensee 53
Contents page 3
Liquor Bill 2007
Contents
Page
63 Grant of application for endorsement of licence following
death etc of licensee 54
64 Transfer of licence after death etc of licensee 54
Division 4 Special provisions relating to corporate
licensees
65 Application of Division 55
66 Appointment of managers 55
67 Restrictions on who may be appointed as manager 56
68 Approval of persons to manage licensed premises 57
69 Notice of appointments 57
70 Liability of licensee for contravention by manager 58
71 Liability of directors etc of corporate licensees 59
72 Corporate licences--interpretative provisions 59
Part 5 Regulation and control of licensed premises
Division 1 Conduct on licensed premises
73 Prevention of excessive consumption of alcohol on
licensed premises 61
74 Sale of stolen goods and possession, use or sale of drugs
on licensed premises 62
75 Directions to licensees and staff of licensed premises 62
Division 2 Exclusion of persons from licensed premises
76 Self-exclusion of patrons from licensed premises 63
77 Non-voluntary exclusion of persons from licensed premises 64
78 Banning orders 66
Division 3 Disturbance complaints
79 Making of complaint 66
80 Director may convene conference 67
81 Decision by Director in relation to complaint 68
Division 4 Closure orders
82 Short-term closure of licensed premises 69
83 Urgent application for short-term closure order 70
84 Order by Authority for long-term closure of licensed
premises 71
85 Further long-term closure orders 72
86 Breach of the peace 72
Division 5 Late hour entry declarations
87 Director may make late hour entry declaration 72
88 Effect of late hour entry declaration 73
Contents page 4
Liquor Bill 2007
Contents
Page
89 Provisions relating to making of late hour entry declaration 73
90 Director may vary or revoke late hour entry declaration 73
Division 6 General provisions relating to licensed
premises
91 Responsibilities and liabilities in relation to licensed
premises 74
92 Control of business conducted on licensed premises 74
93 Cessation of trade 75
94 Boundaries of licensed premises 75
95 Name of licensed premises 76
96 Temporary premises 77
97 Breath analysis equipment 77
98 Work carried out on licensed premises 78
Part 6 Miscellaneous offences and regulatory controls
Division 1 General
99 Responsible sale, supply, service or promotion of liquor 79
100 Regulations may declare undesirable liquor products 79
101 Director may restrict or prohibit sale or supply of
undesirable liquor products 80
102 Director may restrict or prohibit undesirable promotion of
liquor 81
103 Closing of certain hotel and bottle shop areas 82
104 Person in bar area or certain other areas of hotel outside
trading hours 82
105 Carrying liquor away from licensed premises outside
trading hours 83
106 Delivery of liquor from unlicensed premises 84
107 Production of licence on licensed premises 85
108 Prohibition on extension of credit for gambling 85
109 Misrepresentation or misdescription of credit transactions 85
110 Falsely indicating that premises are licensed or that person
is authorised to sell or supply liquor 85
111 Carrying liquor away from premises to which on-premises
licence relates 86
112 Obtaining liquor by false representation 86
113 Carrying liquor for sale 87
114 Sale of liquor through internet or by other communication
media 87
Division 2 Restricted alcohol areas
115 Declaration of restricted alcohol area 89
116 Provisions relating to making of regulations declaring
restricted alcohol areas 89
Contents page 5
Liquor Bill 2007
Contents
Page
Part 7 Special provisions relating to minors
Division 1 Underage drinking
117 Offences relating to sale or supply of liquor to minors 91
118 Offences relating to consumption etc of liquor by minor 92
119 Licensee not to allow minors to sell or supply liquor on
licensed premises 93
120 Responsible adult not to allow minor to consume liquor
on licensed premises 93
Division 2 Minors on licensed premises
121 Minors in hotels in company of responsible adult 93
122 Functions for minors in hotels and public entertainment
venues 93
123 Minor not to enter or remain in certain licensed premises 94
124 Licensee not to allow minors to enter or remain in certain
licensed premises 96
125 Responsible adult not to leave minor unaccompanied on
licensed premises 97
126 Minors must be refused entry to licensed premises 97
127 Notices to be displayed in relation to minors on licensed
premises 98
Division 3 Other provisions relating to minors
128 Minor required to provide information 98
129 Minor must not use false evidence of age 99
130 Minors not to be detained 99
Part 8 Local liquor accords
131 Definitions 100
132 Eligible parties to local liquor accord 100
133 Establishing local liquor accord 100
134 Terms of local liquor accords 101
135 Approval, variation and termination of local liquor accord 102
136 Requirement to contribute to costs of implementing local
liquor accord 102
Part 9 Disciplinary action
137 Interpretation 103
138 Director may carry out inquiries and investigations in
relation to proposed complaint 103
139 Grounds for making complaint 104
140 Procedure for taking disciplinary action 106
141 Disciplinary powers of Authority 107
142 Procedure for implementing disciplinary action 110
Contents page 6
Liquor Bill 2007
Contents
Page
143 Requirement for legal member of Authority to be present 110
144 Review by ADT of decision by Authority under this Part 110
Part 10 Criminal proceedings and related matters
145 Proceedings for offences 112
146 Time within which proceedings for offences may be
commenced 112
147 Maximum penalties for certain offences 112
148 Additional penalties may be imposed by court 112
149 Licensees and managers liable for act of employees etc 113
150 Penalty notices 113
151 Forfeiture and seizure of liquor and other things 114
152 Evidentiary provisions 115
Part 11 Miscellaneous provisions
153 Review by Authority of Director's decisions 117
154 Review of disqualification by Authority 118
155 Procedure for dealing with matters under Act to be
informal 118
156 Report by Authority on liquor licensing matters 118
157 Delegations 119
158 Crown not liable for any compensation 119
159 Regulations 120
160 Savings and transitional provisions 120
161 Repeals 120
162 Review of Act 121
Schedule 1 Savings and transitional provisions 122
Schedule 2 Kings Cross precinct 135
Schedule 3 Oxford StreetDarlinghurst precinct 136
Contents page 7
New South Wales
Liquor Bill 2007
No , 2007
A Bill for
An Act to regulate and control the sale and supply of liquor and the use of premises
on which liquor is sold or supplied; to repeal the Liquor Act 1982; and for other
purposes.
See also the Casino, Liquor and Gaming Control Authority Bill 2007 and the Miscellaneous
Acts (Casino, Liquor and Gaming) Amendment Bill 2007.
Clause 1 Liquor Bill 2007
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Liquor Act 2007. 4
Note. This Act is part of the gaming and liquor legislation for the purposes of the 5
Casino, Liquor and Gaming Control Authority Act 2007. That Act contains 6
administrative and other relevant provisions that apply in relation to this Act 7
(including investigation and enforcement powers and provisions relating to the 8
probity of officials). 9
2 Commencement 10
This Act commences on a day or days to be appointed by proclamation. 11
3 Objects of Act 12
(1) The objects of this Act are as follows: 13
(a) to regulate and control the sale, supply and consumption of liquor 14
in a way that is consistent with the expectations, needs and 15
aspirations of the community, 16
(b) to facilitate the balanced development, in the public interest, of 17
the liquor industry, through a flexible and practical regulatory 18
system with minimal formality and technicality, 19
(c) to contribute to the responsible development of related industries 20
such as the live music, entertainment, tourism and hospitality 21
industries. 22
(2) In order to secure the objects of this Act, each person who exercises 23
functions under this Act (including a licensee) is required to have due 24
regard to the following: 25
(a) the need to minimise harm associated with misuse and abuse of 26
liquor (including harm arising from violence and other anti-social 27
behaviour), 28
(b) the need to encourage responsible attitudes and practices towards 29
the promotion, sale, supply, service and consumption of liquor, 30
(c) the need to ensure that the sale, supply and consumption of liquor 31
contributes to, and does not detract from, the amenity of 32
community life. 33
4 Definitions 34
(1) In this Act: 35
accommodation premises means premises that provide temporary 36
accommodation to travellers and includes a bed and breakfast 37
Page 2
Liquor Bill 2007 Clause 4
Preliminary Part 1
establishment, but does not include a boarding house, lodging house, 1
nursing home, caravan park or any other type of premises prescribed by 2
the regulations for the purposes of this definition. 3
accord area--see section 131. 4
adult means a person of or above the age of 18 years. 5
airport means a public airport established and maintained by a local 6
council. 7
authorised officer has the same meaning as in the Law Enforcement 8
(Powers and Responsibilities) Act 2002. 9
Authority means the Casino, Liquor and Gaming Control Authority 10
constituted under the Casino, Liquor and Gaming Control Authority Act 11
2007. 12
bar area, in relation to a hotel or club premises, means any part of the 13
hotel or club premises in which liquor is ordinarily sold or supplied for 14
consumption in the hotel or on the club premises, but does not include: 15
(a) a dining area in the hotel or on the club premises, or 16
(b) any part of the hotel in which liquor is, otherwise than as 17
authorised under section 17 (6), sold or supplied exclusively to 18
residents, or 19
(c) any part of the hotel in respect of which a minors area 20
authorisation or minors functions authorisation is in force, 21
whenever the authorisation operates to authorise the use by a 22
minor of that part, or 23
(d) any part of the club premises in respect of which an authorisation 24
under section 22 of the Registered Clubs Act 1976 specifying the 25
part as a non-restricted area is in force, or 26
(e) any part of the club premises in respect of which: 27
(i) a junior members authorisation under section 22A of the 28
Registered Clubs Act 1976 is in force, or 29
(ii) a club functions authorisation under section 23 of that Act 30
is in force, 31
whenever the authorisation operates to authorise the use by a 32
minor of that part. 33
bed and breakfast establishment means premises that provide 34
temporary guest accommodation (other than dormitory-style 35
accommodation) and where: 36
(a) the establishment is operated by the permanent residents of the 37
establishment, and 38
(b) meals are provided for guests only. 39
Page 3
Clause 4 Liquor Bill 2007
Part 1 Preliminary
beer means liquor that is beer, ale, lager, pilsener, porter, stout or any 1
other fermented malt liquor or any fermented liquor made from hops or 2
that for the purposes of sale is held out to be beer. 3
catering service means a service for supplying food or liquor (or both) 4
for consumption at a function, occasion or event. 5
close associate means a close associate within the meaning of the 6
Casino, Liquor and Gaming Control Authority Act 2007. 7
club premises means the premises to which a club licence relates. 8
de facto partner of a person means the other party to a de facto 9
relationship (within the meaning of the Property (Relationships) Act 10
1984) with the person. 11
dining area, in relation to licensed premises, means a part of the 12
licensed premises used permanently and primarily for the consumption 13
of meals at tables. 14
Director means the Director of Liquor and Gaming holding office as 15
such under Chapter 1A of the Public Sector Employment and 16
Management Act 2002. 17
drink on-premises authorisation means an authorisation referred to in 18
section 50. 19
employ includes engage under a contract for services. 20
employee includes, except in the case of a registered club, a person 21
engaged under a contract for services. 22
evidence of age document for a person means any of the following 23
documents that bears a photograph of the person and that indicates (by 24
reference to the person's date of birth or otherwise) that the person has 25
attained a particular age, but does not include any such document that 26
has expired or otherwise appears not to be in force: 27
(a) a motor vehicle driver or rider's licence or permit issued by the 28
Roads and Traffic Authority or by the corresponding public 29
authority of another State or Territory or under the law of another 30
country, 31
(b) a Photo Card issued under the Photo Card Act 2005, 32
(c) a document (referred to as an existing RTA proof of age card) 33
issued by the Roads and Traffic Authority under section 117EA 34
of the Liquor Act 1982 and in force immediately before the repeal 35
of that section by this Act, 36
Note. Existing RTA proof of age cards cease to be valid for any purpose 37
on 14 December 2008--see Division 3 of Part 2 of Schedule 1 to this 38
Act. 39
(d) a proof of age card (however described) issued by a public 40
authority of the Commonwealth or of another State or Territory 41
for the purpose of attesting to a person's identity and age, 42
Page 4
Liquor Bill 2007 Clause 4
Preliminary Part 1
(e) an Australian or foreign passport, 1
(f) any other class of document prescribed by the regulations for the 2
purposes of this definition. 3
extended trading authorisation means an authorisation referred to in 4
section 49. 5
financial institution means a bank or authorised deposit-taking 6
institution. 7
function means any dinner, ball, convention, seminar, sporting event, 8
race meeting, exhibition, performance, trade fair or other fair, fete or 9
carnival, or any other event or activity, that is conducted for public 10
amusement or entertainment or to raise funds for any charitable or other 11
purpose and, in relation to a surf life saving club, includes any gathering 12
of members of the club (and their guests) organised by the club for 13
social purposes. 14
general bar licence--see section 16. 15
hotel means the premises to which a hotel licence relates. 16
hotelier means the holder of a hotel licence under this Act. 17
inspector means an inspector within the meaning of the Casino, Liquor 18
and Gaming Control Authority Act 2007. 19
intoxicated--see section 5. 20
licence means a licence under this Act. 21
licensed premises means the premises to which a licence relates. 22
licensee means the holder of a licence. 23
liquor means: 24
(a) a beverage which, at 20° Celsius, contains more than 1.15% 25
ethanol by volume, or 26
(b) any thing that is not a beverage referred to in paragraph (a) but, 27
for the purposes of sale, is held out to be beer or spirits, or 28
(c) any other substance prescribed by the regulations as liquor. 29
local consent authority, in relation to licensed premises or proposed 30
licensed premises, means: 31
(a) the local council in whose area (within the meaning of the Local 32
Government Act 1993) the premises are, or will be, situated, or 33
(b) if consent to the carrying out of development on the land 34
concerned is required from a person or body other than the 35
council--that person or body. 36
local liquor accord--see section 131. 37
Page 5
Clause 4 Liquor Bill 2007
Part 1 Preliminary
manager of licensed premises means: 1
(a) a person appointed by the licensee under section 66 to manage the 2
licensed premises, or 3
(b) in the case of a registered club that has only one set of premises-- 4
the secretary of the registered club. 5
meal means a genuine meal consumed by a person at a dining table and 6
includes, in the case of an on-premises licence that relates to 7
accommodation premises: 8
(a) a meal supplied by the proprietor for immediate consumption 9
(otherwise than at a dining table) on or away from the premises, 10
and 11
(b) a picnic-style hamper supplied by the proprietor for consumption 12
(otherwise than at a dining table) away from the premises on the 13
same day as it is supplied. 14
minor means a person who is under the age of 18 years. 15
minors area authorisation means an authorisation referred to in section 16
121. 17
minors functions authorisation means an authorisation referred to in 18
section 122. 19
non-proprietary association means: 20
(a) an incorporated or unincorporated body or association of persons 21
(including a club) that, by its constitution or any law that governs 22
its activities: 23
(i) is required to apply its profits (if any) and other income to 24
the promotion of its objects or to purposes provided for by 25
any such law, and 26
(ii) is prohibited from paying dividends, or distributing profits 27
or income, to its shareholders or members, or 28
(b) a local council, or 29
(c) any public authority or community organisation prescribed by the 30
regulations to be a non-proprietary association for the purposes of 31
this definition. 32
owner of premises means the person entitled to the rents or profits of the 33
premises. 34
person authorised to sell liquor means: 35
(a) a licensee, or 36
(b) a person who is authorised by the law of another State or 37
Territory to sell liquor, or 38
Page 6
Liquor Bill 2007 Clause 4
Preliminary Part 1
(c) any person who sells or supplies liquor (whether in New South 1
Wales or elsewhere) but is not required by this Act to hold a 2
licence in respect of the sale or supply of liquor in New South 3
Wales, or 4
(d) a person who is prescribed by the regulations, or who is of a class 5
of persons prescribed by the regulations, for the purposes of this 6
definition. 7
premises includes: 8
(a) a building or structure, or 9
(b) land or a place (whether built on or not), or 10
(c) a vehicle, vessel or aircraft. 11
prohibited drug and prohibited plant have the same meanings as in the 12
Drug Misuse and Trafficking Act 1985. 13
public entertainment venue means any of the following: 14
(a) a cinema, 15
(b) a theatre, 16
(c) premises in respect of which the primary business or activity is 17
the provision of entertainment to members of the public by a 18
person who is physically present on the premises and is actually 19
providing the entertainment. 20
racing club means a body (whether incorporated or unincorporated) 21
registered as a racing club by Racing New South Wales, Harness Racing 22
New South Wales or Greyhound Racing New South Wales. 23
registered club means a club that holds a club licence under this Act. 24
related corporation of a licensee means: 25
(a) if the licensee is a corporation--a corporation that, within the 26
meaning of the Corporations Act 2001 of the Commonwealth, is 27
a related body corporate of the licensee, or 28
(b) if the licensee is an individual--a corporation: 29
(i) that employs the licensee, or 30
(ii) in respect of which the licensee occupies a position of 31
authority. 32
resident of licensed premises means a person (other than the licensee) 33
who resides, or is staying overnight in, a part of the premises that has 34
been set aside for the purposes of accommodation. 35
responsible adult, in relation to a minor, means an adult who is: 36
(a) a parent, step-parent or guardian of the minor, or 37
(b) the minor's spouse or de facto partner, or 38
(c) for the time being standing in as the parent of the minor. 39
Page 7
Clause 4 Liquor Bill 2007
Part 1 Preliminary
responsible person for licensed premises means any of the following: 1
(a) the licensee, 2
(b) the manager of the premises, 3
(c) an employee or agent of the licensee or manager, 4
(d) a person acting or purporting to act on behalf of the licensee or 5
manager. 6
restaurant means premises (however described) in respect of which the 7
primary purpose is the business of preparing and serving meals to the 8
public. 9
restricted alcohol area means any part of the State declared by the 10
regulations under section 115 to be a restricted alcohol area for the 11
purposes of this Act. 12
restricted trading day means Good Friday or Christmas Day. 13
secretary of a registered club has the same meaning as in the Registered 14
Clubs Act 1976. 15
sell includes any of the following: 16
(a) barter or exchange, 17
(b) offer, agree or attempt to sell, 18
(c) expose, send, forward or deliver for sale, 19
(d) cause or permit to be sold or offered for sale. 20
standard trading period--see section 12. 21
supply includes dispose of or deliver. 22
surf life saving club means a body (whether incorporated or 23
unincorporated) that provides surf life saving services to members of 24
the public in New South Wales. 25
tasting, in relation to liquor, means sampling a small amount of a 26
particular product (including such an amount as may be prescribed by 27
the regulations) usually for the first time or for the purpose of deciding 28
whether to purchase a larger quantity of the product (or both), but does 29
not include sampling to the extent that it is no longer ancillary to the 30
primary purpose for which customers or intending customers are being 31
supplied with the product, namely purchasing the product for 32
consumption away from the licensed premises concerned. 33
tertiary institution means a university or a TAFE establishment within 34
the meaning of the Technical and Further Education Commission Act 35
1990. 36
trading hours of licensed premises means the times during which, 37
subject to this Act and the conditions of the licence, the sale or supply 38
of liquor on the premises is authorised. 39
Page 8
Liquor Bill 2007 Clause 5
Preliminary Part 1
(2) In this Act, a reference to the exercise of a function (except in the 1
context of a function as defined in subsection (1)) includes a reference 2
to the exercise or performance of a power, authority or duty. 3
(3) Notes included in the text of this Act do not form part of this Act. 4
5 Meaning of "intoxicated" 5
(1) For the purposes of this Act, a person is intoxicated if: 6
(a) the person's speech, balance, co-ordination or behaviour is 7
noticeably affected, and 8
(b) it is reasonable in the circumstances to believe that the affected 9
speech, balance, co-ordination or behaviour is the result of the 10
consumption of liquor. 11
(2) Accordingly, a reference in this Act to intoxication in relation to 12
licensed premises is a reference to the presence of intoxicated persons 13
on the licensed premises. 14
(3) The Director is to issue guidelines to assist in determining whether or 15
not a person is intoxicated for the purposes of this Act. Such guidelines 16
are to be made publicly available in such manner as the Director 17
considers appropriate. 18
(4) The guidelines issued by the Director may also indicate circumstances 19
in which a person may be assumed not to be intoxicated for the purposes 20
of this Act. 21
6 Exemptions from Act 22
(1) General exemptions 23
This Act does not apply to or in respect of the following: 24
(a) the sale of liquor to an adult on such trains under the control of 25
Rail Corporation New South Wales as are determined by that 26
corporation, 27
(b) the sale of spirituous or distilled perfume as perfumery only and 28
not for drinking, 29
(c) the sale of liquor for medicinal purposes by: 30
(i) a registered medical practitioner, or 31
(ii) a nurse authorised under the Nurses and Midwives Act 32
1991 to practise as a nurse practitioner, or 33
(iii) a midwife authorised under that Act to practise as a 34
midwife practitioner, or 35
(iv) a registered pharmacist, 36
Page 9
Clause 6 Liquor Bill 2007
Part 1 Preliminary
(d) the sale of liquor to an adult at an auction conducted by an 1
auctioneer, but only if such requirements (if any) as are 2
prescribed by the regulations are complied with, 3
(e) the sale of liquor taken in execution or under similar process, or 4
forfeited to the Crown, if the sale is by or on behalf of the sheriff 5
or a sheriff's officer, or a bailiff or a police officer, 6
(f) the sale of liquor to an adult on board a vessel engaged in 7
interstate or overseas voyages, but only if such requirements (if 8
any) as are prescribed by the regulations are complied with, 9
(g) the sale of liquor to an adult on board an aircraft, except in the 10
case of a charter service where a person other than the aircraft 11
operator sells or supplies liquor on board the aircraft, 12
(h) the sale of liquor authorised by a law of the Commonwealth for 13
the export of the liquor from the Commonwealth, 14
(i) the sale of liquor that is part of a sale of flowers or food designed 15
to be delivered as a gift to a person (not being the purchaser) 16
specified by the purchaser, but only if: 17
(i) the liquor is delivered together with the flowers or food to 18
the person so specified at a place other than the premises at 19
which the business of the vendor is conducted, and 20
(ii) the liquor has been purchased by the vendor on a retail 21
basis, and 22
(iii) the volume of liquor supplied in respect of each gift 23
delivered by the vendor does not exceed 2 litres, and 24
(iv) the person to whom the liquor is delivered is an adult, 25
(j) the sale or supply of liquor to an adult who: 26
(i) is accommodated in a nursing home within the meaning of 27
the Public Health Act 1991, and 28
(ii) is receiving nursing care, 29
if the liquor is sold or supplied by a person in charge of, or a 30
person acting with the authority of a person in charge of, the 31
nursing home, 32
(k) the sale or supply of liquor to an adult who: 33
(i) is an in-patient of a public hospital within the meaning of 34
the Health Services Act 1997, or 35
(ii) is a patient of a private hospital within the meaning of the 36
Private Hospitals and Day Procedure Centres Act 1988, or 37
(iii) is an in-patient of any other medical facility of a class 38
prescribed by the regulations, 39
Page 10
Liquor Bill 2007 Clause 6
Preliminary Part 1
if the liquor is sold or supplied by a person in charge of, or a 1
person acting with the authority of a person in charge of, the 2
hospital or facility, 3
(l) the sale or supply of liquor in such other circumstances as may be 4
prescribed by the regulations. 5
(2) Exemption for bed and breakfast establishments in certain 6
circumstances 7
This Act does not apply to or in respect of the sale or supply of liquor to 8
the guests of a bed and breakfast establishment (the B&B), but only if 9
the following requirements are complied with: 10
(a) no more than 8 adult guests are staying at the B&B at the one 11
time, 12
(b) the liquor is not supplied to a minor, 13
(c) the liquor has been purchased by the proprietor of the B&B on a 14
retail basis, 15
(d) the sale or supply is ancillary to the provision of accommodation 16
or a meal, 17
(e) any person who sells, supplies or serves liquor to a guest has 18
obtained the same qualifications with respect to responsible 19
service of alcohol as licensees and employees of licensees are 20
required to obtain under this Act, 21
(f) the proprietor of the B&B has notified the Authority, in the form 22
and manner approved by the Authority, that the B&B sells or 23
supplies liquor to guests as provided by this subsection. 24
(3) Exemption for retirement villages in certain circumstances 25
This Act does not apply to or in respect of the sale or supply of liquor to 26
an adult who is a resident of a retirement village (or who is the guest of 27
such a resident) at any gathering held in the village, but only if the 28
following requirements are complied with: 29
(a) a member of the Residents Committee for the village, or a person 30
nominated by the Residents Committee, is present at the 31
gathering to supervise the sale and supply of liquor and the 32
conduct of the gathering, 33
(b) the liquor that is sold or supplied at the gathering has been 34
purchased on a retail basis, 35
(c) the gathering has not been organised, or is not being conducted, 36
by the operator of the retirement village. 37
(4) In subsection (3), operator, resident, Residents Committee and 38
retirement village have the same meanings as in the Retirement Villages 39
Act 1999. 40
Page 11
Clause 7 Liquor Bill 2007
Part 2 Principal offences relating to sale and supply of liquor
Part 2 Principal offences relating to sale and supply of 1
liquor 2
7 Licence required to sell liquor 3
(1) A person must not sell liquor unless the person is authorised to do so by 4
a licence. 5
Maximum penalty: 100 penalty units or imprisonment for 12 months, or 6
both. 7
(2) A person does not commit an offence under subsection (1) if the person 8
is an employee or agent of a licensee and the sale is made in accordance 9
with this Act and the authorisation conferred by the licence. 10
(3) A person who is the occupier, manager or person apparently in control 11
of any premises on or from which liquor is sold in contravention of 12
subsection (1) is taken to have sold the liquor unless it is proved that the 13
person: 14
(a) had no knowledge of the sale, and 15
(b) had used all due diligence to prevent the sale of liquor on or from 16
the premises. 17
8 Keeping or using unlicensed premises 18
(1) A person must not: 19
(a) open, keep or use any premises for the purpose of selling liquor, 20
or 21
(b) permit any premises to be opened, kept or used by another person 22
for the purpose of selling liquor, or 23
(c) have the care or management of any premises opened, kept or 24
used for the purpose of selling liquor, or 25
(d) assist in conducting the business of any premises opened, kept or 26
used for the purpose of selling liquor, 27
unless the premises are licensed premises or are otherwise authorised 28
under this Act to be used for the sale or supply of liquor. 29
Maximum penalty: 100 penalty units or imprisonment for 12 months, or 30
both. 31
(2) A person who is found on, or who is found entering or leaving, any 32
premises opened, kept or used in contravention of subsection (1) is 33
guilty of an offence. 34
Maximum penalty: 5 penalty units. 35
Page 12
Liquor Bill 2007 Clause 9
Principal offences relating to sale and supply of liquor Part 2
9 Sale or supply of liquor contrary to licence 1
(1) A licensee or an employee or agent of a licensee must not sell or supply 2
liquor, or cause or permit liquor to be sold or supplied: 3
(a) in contravention of the conditions to which the licence is subject, 4
or 5
(b) otherwise than in accordance with the authority conferred on the 6
licensee by or under this Act. 7
(2) Without limiting subsection (1), a licensee must not: 8
(a) keep licensed premises open for the sale or supply of liquor, or 9
(b) sell or supply liquor, 10
at a time when the licensee is not authorised under this Act to sell or 11
supply liquor. 12
(3) A licensee must not sell, or employ or permit another person to sell, 13
liquor on premises other than premises on which the licensee is 14
authorised by the licence or this Act to sell the liquor. 15
Maximum penalty: 100 penalty units or imprisonment for 12 months, or 16
both. 17
Page 13
Clause 10 Liquor Bill 2007
Part 3 Liquor licences
Part 3 Liquor licences 1
Division 1 Preliminary 2
10 Types of licences and authorisation conferred by licence 3
(1) The following types of licences may be granted and held under this Act: 4
(a) hotel licence, 5
(b) club licence, 6
(c) on-premises licence, 7
(d) packaged liquor licence, 8
(e) producer/wholesaler licence, 9
(f) limited licence. 10
(2) A licence authorises the licensee to sell or supply liquor in accordance 11
with this Act and the conditions of the licence. 12
(3) The authorisation conferred by a licence is subject to this Act and the 13
regulations. 14
11 Licence conditions--general provisions 15
(1) A licence is subject to: 16
(a) such conditions as may be imposed, or are taken to have been 17
imposed, by the Authority or the Director (whether at the time the 18
licence is granted or at any later time) under this Act, and 19
(b) such conditions as are imposed by this Act or prescribed by the 20
regulations, and 21
(c) such other conditions as are authorised to be imposed on the 22
licence under this Act. 23
(2) A licensee must comply with any conditions to which the licence is 24
subject. 25
Maximum penalty: 100 penalty units or imprisonment for 12 months, or 26
both. 27
(3) For the purposes of this Act, a condition to which a licence is subject 28
includes any provision of this Act that imposes a requirement or 29
restriction (other than as an offence) on or in relation to the licence, 30
licensee or licensed premises concerned. 31
Note. The times during which licensed premises are authorised to trade is an 32
example of such a requirement. 33
Page 14
Liquor Bill 2007 Clause 12
Liquor licences Part 3
12 Standard trading period for certain licensed premises 1
(1) For the purposes of this Act, the standard trading period means: 2
(a) for any day of the week other than a Sunday: 3
(i) the period from 5 am to midnight, or 4
(ii) if the regulations prescribe a shorter period--the period as 5
so prescribed, and 6
(b) for a Sunday: 7
(i) the period from 10 am to 10 pm, or 8
(ii) if the regulations prescribe a shorter period--the period as 9
so prescribed. 10
Note. The standard trading period applies in relation to the following premises: 11
(a) hotels, 12
(b) the premises of a registered club, 13
(c) the premises to which an on-premises licence relates (other than 14
vessels), 15
(d) the premises to which a packaged liquor licence relates (ie a bottle 16
shop), 17
(e) the licensed premises of a wine producer, 18
(f) the licensed premises of a small-scale producer referred to in section 34. 19
(2) Any such regulation that prescribes a shorter period for the purposes of 20
subsection (1) may: 21
(a) apply to a specified class of licensed premises, and 22
(b) apply in relation to a specified day or days, and 23
(c) in the case of licensed premises on which liquor may be sold or 24
supplied for consumption on the premises as well as for 25
consumption away from the premises--specify different periods 26
for the sale or supply of liquor for consumption on the premises 27
and for the sale or supply of liquor for consumption away from 28
the premises. 29
(3) Without limiting subsection (2) (a), a class of licensed premises may be 30
specified by reference to licensed premises that are located in a 31
particular area (however described). 32
(4) The standard trading period does not apply in relation to a restricted 33
trading day. 34
13 Special events extended trading period for hotels and clubs 35
(1) In addition to the trading hours that apply under this Act to the licensed 36
premises to which a hotel licence or a club licence relates, the 37
regulations may prescribe a period during which liquor may be sold or 38
supplied for consumption on any such licensed premises. 39
Page 15
Clause 14 Liquor Bill 2007
Part 3 Liquor licences
(2) Any such period may be prescribed only in relation to a specified day 1
on which a special event is to be held or that immediately follows the 2
day on which a special event is held. For the purposes of this subsection, 3
special event means an event that the Minister considers to be of 4
regional, State or national significance. 5
(3) A regulation under this section may apply to a specified class of hotel 6
or club premises. Without limitation, any such class of hotel or club 7
premises may be specified by reference to hotels or club premises that 8
are located in a particular area (however described). 9
(4) This section does not authorise the sale, supply or consumption of liquor 10
on any licensed premises contrary to a restriction or prohibition 11
imposed by or under this Act in respect of the trading hours for the 12
licensed premises. 13
Division 2 Hotel licences 14
14 Authorisation conferred by hotel licence 15
(1) A hotel licence authorises the licensee to sell liquor by retail on the 16
licensed premises for consumption on or away from the licensed 17
premises. 18
(2) Trading hours for consumption on premises 19
The times when liquor may be sold for consumption on the licensed 20
premises are as follows: 21
(a) during the standard trading period or at such other times as may 22
be authorised by an extended trading authorisation, 23
(b) on 31 December in any year (but without limiting the operation 24
of any extended trading authorisation)--from the start of the 25
standard trading period for that day until 2 am on the next 26
succeeding day, 27
(c) at any time on any day to a resident of the licensed premises or to 28
a guest of such a resident while the guest is in the resident's 29
company. 30
(3) Restricted trading days 31
On a restricted trading day, liquor may only be sold for consumption on 32
the licensed premises from noon to 10 pm. In the case of Christmas day, 33
liquor may only be sold with or ancillary to a meal served in a dining 34
area on the licensed premises. 35
Page 16
Liquor Bill 2007 Clause 15
Liquor licences Part 3
(4) Trading hours for consumption away from premises 1
Liquor may be sold for consumption away from the licensed premises 2
during the standard trading period or at such other times as may be 3
authorised by an extended trading authorisation. 4
(5) No take-away sales on restricted trading days 5
However, the sale of liquor for consumption away from the licensed 6
premises is not authorised on a restricted trading day. 7
(6) Functions on other premises 8
A hotel licence also authorises the licensee to sell liquor by retail for the 9
purposes of a function to be held on such other premises as the 10
Authority may, on application by the licensee, authorise, but only for 11
consumption on those premises and at such times as may be specified 12
by the Authority in the licence. 13
Note. Section 51 applies to an authorisation referred to in this subsection. 14
15 Hotel licence--general provisions 15
(1) The following provisions apply in relation to a hotel licence (the hotel 16
primary purpose test): 17
(a) the primary purpose of the business carried out on the licensed 18
premises must at all times be the sale of liquor by retail, 19
(b) the keeping or operation of gaming machines (as authorised 20
under the Gaming Machines Act 2001) on the licensed premises 21
must not detract unduly from the character of the hotel or from 22
the enjoyment of persons using the hotel otherwise than for the 23
purposes of gambling. 24
(2) The authorisation conferred by a hotel licence does not apply unless the 25
hotel primary purpose test is complied with in relation to the licensed 26
premises. 27
(3) Any premises (other than the actual hotel) that are authorised by the 28
Authority for the sale of liquor under a hotel licence are, for the 29
purposes of this Act, taken to be part of the licensed premises to which 30
the licence relates. 31
16 Hotel licence may be designated as a general bar licence 32
(1) The Authority may, in granting a hotel licence, designate the licence as 33
a general bar licence and specify in the licence that it is a general bar 34
licence. 35
(2) The designation of a hotel licence as a general bar licence cannot be 36
changed. 37
Page 17
Clause 17 Liquor Bill 2007
Part 3 Liquor licences
(3) It is not lawful to keep or operate gaming machines on the premises to 1
which a general bar licence relates. Accordingly, the keeping or 2
operation of gaming machines on any such premises cannot be 3
authorised under the Gaming Machines Act 2001. 4
(4) Despite section 14, a general bar licence does not authorise the sale or 5
supply of liquor for consumption away from the licensed premises at 6
any time. 7
17 Hotel licence--miscellaneous conditions 8
(1) Cash advances prohibited 9
A hotelier must not: 10
(a) provide a cash advance in the hotel, or 11
(b) permit a cash advance to be provided in the hotel on behalf of the 12
hotelier, 13
except as a prize or bonus won as a direct or indirect consequence of 14
participating in a form of gambling that may lawfully be conducted on 15
the licensed premises. 16
(2) Hotels must be open to general public 17
The business carried out under a hotel licence must not be, or include, a 18
business that is limited to the sale or supply of liquor only: 19
(a) to persons who have been invited to use or attend the hotel, or 20
(b) to a particular class, or particular classes, of persons using or 21
attending the hotel. 22
(3) Subsection (2) is subject to such exceptions as may be approved by the 23
Authority on a temporary basis in relation to any particular hotel or to 24
such other exceptions as may be prescribed by the regulations. Also, 25
subsection (2) does not apply to the extent that is necessary to comply 26
with any other provision of this Act or with any other law. 27
(4) Food must be made available 28
Liquor may only be sold or supplied in a hotel if food of a nature and 29
quantity consistent with the responsible sale, supply and service of 30
alcohol is made available whenever liquor is sold or supplied on the 31
premises for consumption on the premises. If any requirements are 32
prescribed by the regulations in relation to the nature and quality of any 33
such food, those requirements must be complied with. 34
(5) Prohibition on residents and employees drinking liquor in bar area 35
outside trading hours 36
Liquor may not be sold or supplied to, or consumed by, a resident or an 37
employee of the licensee in a bar area of the hotel except at the time 38
Page 18
Liquor Bill 2007 Clause 18
Liquor licences Part 3
when liquor is authorised to be sold or supplied to other persons in that 1
or any other bar area of the hotel. This subsection has effect despite any 2
other provision of this Act, but is subject to subsection (6). 3
(6) The Authority may, on application by a hotelier, authorise the use of a 4
bar area of the hotel for the sale, supply or consumption of liquor 5
exclusively to, or by, residents at a time when liquor may not otherwise 6
be sold or supplied in a bar area of the hotel. 7
Note. Section 51 applies to an authorisation referred to in this subsection. 8
Division 3 Club licences 9
18 Authorisation conferred by club licence 10
(1) A club licence authorises the licensee to sell liquor by retail on the 11
licensed premises to a member of the club (or a guest of a member of 12
the club) for consumption on or away from the licensed premises. 13
(2) Trading hours for consumption on premises 14
The times when liquor may be sold for consumption on the licensed 15
premises are as follows: 16
(a) during the standard trading period or at such other times as may 17
be authorised by an extended trading authorisation, 18
(b) on 31 December in any year (but without limiting the operation 19
of any extended trading authorisation)--from the start of the 20
standard trading period for that day until 2 am on the next 21
succeeding day. 22
(3) Trading hours for consumption away from premises 23
Liquor may be sold for consumption away from the licensed premises 24
during the standard trading period or at such other times as may be 25
authorised by an extended trading authorisation. 26
(4) No take-away sales on restricted trading days 27
However, the sale of liquor for consumption away from the licensed 28
premises is not authorised on a restricted trading day. 29
19 Club licence--general provisions 30
(1) A club licence may only be granted to a club that: 31
(a) meets the requirements specified in section 10 (1) of the 32
Registered Clubs Act 1976, and 33
(b) otherwise complies with the requirements of that Act. 34
Page 19
Clause 20 Liquor Bill 2007
Part 3 Liquor licences
(2) If a registered club owns or occupies more than one set of premises: 1
(a) each set of premises must be separately licensed under this Act, 2
and 3
(b) the entity comprising the registered club is the licensee for each 4
set of licensed premises. 5
(3) The regulations may create exceptions to this section. 6
20 Club licence--miscellaneous conditions 7
(1) The following requirements apply in relation to a registered club: 8
(a) the club must not hold a hotel licence or acquire any financial 9
interest in a hotel, 10
(b) the manager of the licensed premises must not provide a cash 11
advance on the premises, or permit a cash advance to be provided 12
on the premises on behalf of the club otherwise than as a prize or 13
bonus won as a direct or indirect consequence of participating in 14
a form of gambling that may lawfully be conducted on the 15
licensed premises. 16
(2) Subsection (1) (a) does not apply to or in respect of a hotelier's licence 17
or financial interest in a hotel that was granted to (or acquired by) a club 18
before 2 April 2002. 19
Note. The prohibition on a registered club holding a hotelier's licence or 20
acquiring a financial interest in a hotel was previously contained in section 9A 21
(1AA) of the Registered Clubs Act 1976 (as inserted by Schedule 3 [6] to the 22
Gaming Machines Act 2001). The previous prohibition did not apply to licences 23
or financial interests granted or acquired before the commencement of section 24
9A (1AA)--see clause 89 of Schedule 2 to the Registered Clubs Act 1976. 25
Division 4 On-premises licences 26
21 Certain kinds of premises not to be licensed 27
(1) An on-premises licence must not be granted in respect of any premises 28
if the premises: 29
(a) are used primarily for the purposes of carrying out a business or 30
activity, or 31
(b) are of a kind of premises, 32
prescribed by the regulations for the purposes of this section. 33
(2) The authorisation conferred by an on-premises licence does not apply if 34
the licensed premises: 35
(a) are used primarily for the purposes of carrying out any such 36
business or activity prescribed by the regulations, or 37
(b) are premises of any such kind prescribed by the regulations. 38
Page 20
Liquor Bill 2007 Clause 22
Liquor licences Part 3
22 Primary purpose test 1
(1) An on-premises licence must not be granted in respect of any premises 2
if the primary purpose of the business or activity carried out on the 3
premises is the sale or supply of liquor. 4
(2) The authorisation conferred by an on-premises licence does not apply if 5
the primary purpose of the business or activity carried out on the 6
licensed premises is the sale or supply of liquor. 7
(3) Subsections (1) and (2) do not apply if the premises to which the licence 8
or proposed licence relates: 9
(a) are part of an airport, or 10
(b) are located on land occupied by a tertiary institution and cater for 11
students of that institution. 12
(4) Subsections (1) and (2) are also subject to such exceptions as may be 13
prescribed by the regulations. 14
23 On-premises licence must specify business/activity or kind of licensed 15
premises 16
(1) An on-premises licence must specify the kind of business or activity 17
carried out on the licensed premises or the kind of licensed premises to 18
which the licence relates. 19
(2) Without limiting the kinds of businesses or activities (or the kinds of 20
premises) in respect of which on-premises licences may be granted, an 21
on-premises licence may be granted in respect of a public entertainment 22
venue. 23
(3) More than one kind of business or activity or kind of premises may be 24
specified in an on-premises licence. However, a separate on-premises 25
licence is, except in the circumstances referred to in section 25 (6), 26
required for each set of premises. 27
(4) The licensed premises to which an on-premises licence relates may be 28
described by reference to the kind of business or activity carried out on 29
the premises or the kind of premises concerned. 30
Note. For example, the terms "licensed restaurant" and "licensed public 31
entertainment venue" are used in this Act to refer to premises in respect of 32
which an on-premises licence relating to a restaurant or public entertainment 33
venue, respectively, is granted. 34
(5) The business or activity, or the kind of premises, specified in an 35
on-premises licence may, on application by the licensee, be varied by 36
the Authority. Any such variation may include the addition of a 37
specified business or activity, or a specified kind of premises, in respect 38
of the licence. 39
Page 21
Clause 24 Liquor Bill 2007
Part 3 Liquor licences
(6) The authorisation conferred by an on-premises licence does not apply if: 1
(a) the business or activity carried out on the licensed premises is not 2
the business or activity specified for the time being in the licence, 3
or 4
(b) the licensed premises do not comprise premises of the kind 5
specified for the time being in the licence. 6
24 On-premises licence--sale or supply of liquor must be with or ancillary 7
to other service or product 8
(1) An on-premises licence authorises the sale or supply of liquor only if the 9
liquor is sold or supplied for consumption on the licensed premises 10
with, or ancillary to, another product or service that is sold, supplied or 11
provided to people on the licensed premises. 12
(2) Regulations may limit products or services provided on licensed 13
premises 14
A product or service is not to be considered a product or service for the 15
purposes of subsection (1) if it is, or is of a class, specified by the 16
regulations for the purposes of this subsection. 17
(3) Exceptions 18
Subsection (1) does not apply to or in respect of an on-premises licence 19
if the licence is, on application by the licensee, endorsed by the 20
Authority with an authorisation that allows liquor to be sold or supplied 21
for consumption on the licensed premises otherwise than with, or 22
ancillary to, another product or service. 23
Note. Section 51 applies to an authorisation referred to in this subsection. 24
(4) Subsection (1) does not apply if the premises to which the licence 25
relates: 26
(a) are part of an airport, or 27
(b) are located on land occupied by a tertiary institution and cater for 28
students of that institution, or 29
(c) are exempt from the primary purpose test referred to in section 30
22. 31
25 Authorisation conferred by on-premises licence (generally) 32
(1) An on-premises licence authorises the licensee to sell liquor by retail on 33
the licensed premises for consumption on the premises only. 34
(2) Trading hours for consumption on premises 35
The times when liquor may be sold for consumption on the licensed 36
premises are during the standard trading period or at such other times as 37
may be authorised by an extended trading authorisation. 38
Page 22
Liquor Bill 2007 Clause 25
Liquor licences Part 3
(3) Restricted trading days 1
On a restricted trading day, liquor may only be sold for consumption on 2
the licensed premises from noon to 10 pm and only with or ancillary to 3
a meal served in a dining area on the licensed premises. 4
(4) Subsection (3) does not apply to: 5
(a) licensed premises that are part of an airport, or 6
(b) an on-premises licence that relates to a catering service. 7
(5) Trading on new year's eve 8
On 31 December in any year, liquor may be sold for consumption on the 9
licensed premises from the start of the standard trading period for that 10
day until 2 am on the next succeeding day. This subsection does not 11
limit the operation of any extended trading authorisation that applies in 12
relation to the licensed premises concerned. 13
(6) Trading on premises other than licensed premises 14
An on-premises licence also authorises the licensee to sell liquor by 15
retail on such premises and in such circumstances as the Authority may, 16
on application by the licensee, authorise, but only for consumption on 17
those premises and at such times as are specified by the Authority in the 18
licence. Any such premises are, subject to the regulations, taken to be 19
licensed premises for the purposes of this Act. 20
(7) The regulations may make provision for or with respect to the granting 21
of an authorisation under subsection (6) (including limiting the 22
circumstances for which such an authorisation may be granted by the 23
Authority). 24
Note. Section 51 also applies to an authorisation under subsection (6). 25
(8) Special provisions relating to licensed accommodation premises 26
An on-premises licence that relates to accommodation premises also 27
authorises the licensee to sell liquor by retail on the licensed premises: 28
(a) for consumption on the licensed premises only--at any time on 29
any day to a resident (or a guest of a resident while in the 30
resident's company) or an employee of the licensee, and 31
(b) to a resident at any time for consumption away from the licensed 32
premises, but only if: 33
(i) the sale is ancillary to the provision of a meal for 34
consumption away from the licensed premises, and 35
(ii) the volume of liquor supplied to any such resident on any 36
one day does not exceed 2 litres. 37
However, subsection (3) applies in relation to any part of the licensed 38
accommodation premises that operates as a public restaurant. 39
Page 23
Clause 26 Liquor Bill 2007
Part 3 Liquor licences
(9) Special provisions relating to licensed vessels 1
Despite any other provision of this section, an on-premises licence that 2
relates to a vessel authorises the licensee to sell liquor by retail to 3
passengers on board the vessel, for consumption on board the vessel 4
only: 5
(a) between the period commencing one hour before the vessel starts 6
any voyage or passage and ending 30 minutes after the voyage or 7
passage is completed, or 8
(b) at such other times, or in such other circumstances, as the 9
Authority may, on application by the licensee, authorise. 10
Note. Section 51 applies to an authorisation referred to in paragraph (b). 11
26 Authorisation to sell liquor for consumption away from licensed 12
premises in special circumstances 13
(1) Despite section 25 (1), liquor may be sold by retail on the licensed 14
premises to which an on-premises licence relates for consumption away 15
from the licensed premises if the licence is, on application by the 16
licensee, endorsed by the Authority with an authorisation for the 17
purposes of this section. 18
(2) An authorisation under this section does not authorise the sale of liquor 19
on a restricted trading day. 20
(3) In granting an authorisation under this section, the Authority is to 21
specify the circumstances in which, and the times when, liquor may be 22
sold for consumption away from the licensed premises. 23
(4) The regulations may make provision for or with respect to the granting 24
of an authorisation under this section (including limiting the 25
circumstances for which such an authorisation may be granted by the 26
Authority). 27
Note. Section 51 applies to an authorisation under this section. 28
27 Requirement to provide food on licensed premises 29
(1) Liquor may only be sold or supplied on the licensed premises to which 30
an on-premises licence relates if food of a nature and quantity consistent 31
with the responsible sale, supply and service of alcohol is made 32
available whenever liquor is sold or supplied under the authorisation of 33
the licence. 34
(2) If any requirements are prescribed by the regulations in relation to the 35
nature and quality of any such food, those requirements must be 36
complied with. 37
(3) Subsection (1) is subject to such exceptions as may be approved by the 38
Authority in relation to any particular licensed premises. 39
Page 24
Liquor Bill 2007 Clause 28
Liquor licences Part 3
28 Certain licensed premises must be open to general public 1
(1) This section applies to an on-premises licence that relates to: 2
(a) a restaurant, or 3
(b) a public entertainment venue. 4
(2) The business carried out under an on-premises licence to which this 5
section applies must not be, or include, a business that is limited to the 6
sale or supply of liquor only: 7
(a) to persons who have been invited to use or attend the licensed 8
premises, or 9
(b) to a particular class, or particular classes, of persons using or 10
attending the licensed premises. 11
(3) Subsection (2) is subject to such exceptions as may be approved by the 12
Authority on a temporary basis in relation to any particular licensed 13
premises or to such other exceptions as may be prescribed by the 14
regulations. Also, subsection (2) does not apply to the extent that is 15
necessary to comply with any other provision of this Act or with any 16
other law. 17
Division 5 Packaged liquor licences 18
29 Authorisation conferred by packaged liquor licence 19
(1) Retail sales 20
A packaged liquor licence authorises the licensee to sell liquor by retail 21
in sealed containers on the licensed premises, for consumption away 22
from the licensed premises only: 23
(a) during the standard trading period or such other period as may be 24
authorised by an extended trading authorisation, or 25
(b) in the case of any Sunday that falls on 24 December--from 8 am 26
(or such earlier time as may be authorised by an extended trading 27
authorisation) to midnight on that day. 28
(2) No retail trading on restricted trading days 29
Despite subsection (1), a packaged liquor licence does not authorise the 30
licensee to sell liquor by retail on a restricted trading day. 31
(3) Selling liquor by wholesale or to employees 32
A packaged liquor licence also authorises the licensee: 33
(a) to sell liquor by wholesale, at any time on the licensed premises, 34
to persons authorised to sell liquor (whether by wholesale or by 35
retail), and 36
Page 25
Clause 30 Liquor Bill 2007
Part 3 Liquor licences
(b) to sell or supply liquor, at any time on the licensed premises, to 1
the employees of the licensee or of a related corporation of the 2
licensee. 3
(4) Tastings 4
A packaged liquor licence also authorises the licensee to sell or supply 5
liquor, on the licensed premises and during the trading hours permitted 6
by subsection (1), otherwise than in sealed containers to customers and 7
intending customers for consumption while on the licensed premises, 8
but only for the purposes of tasting. 9
30 Liquor sales area required if bottle shop is part of another business 10
activity 11
(1) If the primary purpose of the business carried out on the premises to 12
which a packaged liquor licence relates is not the sale of liquor for 13
consumption away from the licensed premises, liquor may only be sold 14
under the licence in an area of the licensed premises (the liquor sales 15
area) that is adequately separated from those parts of the premises in 16
which other activities are carried out. 17
(2) The principal activity carried out in any such liquor sales area must be 18
the sale or supply of liquor for consumption away from the licensed 19
premises. 20
31 Restrictions on granting packaged liquor licences 21
(1) A packaged liquor licence must not be granted for premises that 22
comprise a general store unless the Authority is satisfied that: 23
(a) in the neighbourhood of the premises concerned, no other 24
take-away liquor service is reasonably available to the public, 25
and 26
(b) the grant of the licence would not encourage drink-driving or 27
other liquor-related harm. 28
(2) A packaged liquor licence must not be granted for premises comprising 29
a service station or take-away food shop. 30
(3) In this section: 31
general store means a convenience store, mixed business shop, corner 32
shop or milk bar that has a retail floor area of not more than 240 square 33
metres and that is used primarily for the retail sale of groceries or 34
associated small items. 35
service station means premises that are used primarily for the fuelling 36
of motor vehicles involving the sale by retail of petrol, oil or other 37
petroleum products. 38
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Liquor Bill 2007 Clause 32
Liquor licences Part 3
take-away food shop means premises that are used primarily for the 1
preparation and sale of food for immediate consumption away from the 2
premises (whether or not food is also consumed on the premises). 3
Division 6 Producer/wholesaler licences 4
32 Wholesale suppliers of liquor 5
A producer/wholesaler licence authorises the licensee, if the licensee 6
carries on business as a wholesale supplier of liquor: 7
(a) to sell liquor by wholesale, at any time on the licensed premises, 8
to persons authorised to sell liquor (whether by wholesale or by 9
retail), and 10
(b) to sell or supply liquor, at any time on the licensed premises: 11
(i) to the employees of the licensee or of a related corporation 12
of the licensee, and 13
(ii) to customers and intending customers for consumption 14
while on the licensed premises, but only for the purposes 15
of tasting. 16
33 Wine producers 17
(1) Authorisation conferred by licence 18
A producer/wholesaler licence authorises the licensee, if the licensee 19
carries on business as a wine producer: 20
(a) to sell the licensee's product by wholesale, at any time on the 21
licensed premises, to persons authorised to sell liquor (whether 22
by wholesale or by retail), and 23
(b) to sell the licensee's product by retail on the licensed premises, 24
for consumption away from the licensed premises only, on any 25
day of the week during the standard trading period for that day or 26
during such other period as may be authorised by an extended 27
trading authorisation, and 28
(c) to sell or supply the licensee's product, at any time on the 29
licensed premises, to customers or intending customers for 30
consumption while on the licensed premises, but only for the 31
purposes of tasting, and 32
(d) to sell or supply the licensee's product at a wine show, but only 33
if the local police and the Authority have been notified, in 34
accordance with the regulations, about the wine show by the 35
organiser of the show at least 7 days before it is held, and 36
(e) to sell or supply the licensee's product at a producers' market or 37
fair, but only if the local police and the Authority have been 38
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Clause 33 Liquor Bill 2007
Part 3 Liquor licences
notified, in accordance with the regulations, about the market or 1
fair by the organiser of the market or fair at least 7 days before it 2
is held, and 3
(f) to sell or supply the licensee's product at any time on the licensed 4
premises to the employees of the licensee or of a related 5
corporation of the licensee, and 6
(g) to sell or supply liquor in accordance with a drink on-premises 7
authorisation. 8
Note. See section 50 (2) for trading hours in relation to drink 9
on-premises authorisations. 10
(2) The authorisation conferred by subsection (1) does not apply unless the 11
primary purpose of the business or activity carried out on the licensed 12
premises is the sale or supply of wine that is the licensee's product. 13
(3) For the purposes of this section, a product is the licensee's product if: 14
(a) it has been produced on the licensed premises (or a vineyard 15
related to the licensed premises) from fruit grown on the licensed 16
premises or vineyard, or 17
(b) in the case only of wine--it is uniquely the licensee's (or a related 18
corporation of the licensee's) own product, but only if that 19
product contains not less than a percentage of wine, as prescribed 20
by the regulations, that has been produced by or under the 21
direction of the licensee (or a related corporation of the licensee) 22
on the licensed premises, or a vineyard related to the licensed 23
premises, from fruit grown on the licensed premises or vineyard. 24
(4) For the purposes of subsection (3), a vineyard is related to licensed 25
premises if it: 26
(a) is operated by the licensee (or a related corporation of the 27
licensee), and 28
(b) is contiguous with the licensed premises or is within 500 metres 29
of the licensed premises. 30
(5) In this section: 31
producers' market or fair means a market or fair: 32
(a) at which farmers or primary producers display and sell their 33
products directly to the public, and 34
(b) that is conducted in accordance with such requirements as may be 35
prescribed by the regulations (including requirements relating to 36
the number of stalls at the market or fair). 37
wine show means a wine show that is held by a recognised wine or 38
vineyard association or industry association. 39
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Liquor Bill 2007 Clause 34
Liquor licences Part 3
34 Small-scale producers of beer, spirits etc in non-metropolitan areas 1
(1) A producer/wholesaler licence authorises the licensee, if the licensee 2
carries on business as a small-scale producer of beer, spirits, cider, perry 3
or mead: 4
(a) to sell the licensee's product by wholesale, at any time on the 5
licensed premises, to persons authorised to sell liquor (whether 6
by wholesale or by retail), and 7
(b) to sell the licensee's product by retail on the licensed premises, 8
for consumption away from the licensed premises only and only 9
if it is supplied in sealed bottles, on any day of the week during 10
the standard trading period for that day or during such other 11
period as may be authorised by an extended trading authorisation, 12
and 13
(c) to sell or supply the licensee's product, at any time on the 14
licensed premises, to customers and intending customers for 15
consumption while on the licensed premises, but only for the 16
purposes of tasting, and 17
(d) to sell or supply the licensee's product at any time on the licensed 18
premises to the employees of the licensee or of a related 19
corporation of the licensee. 20
(2) For the purposes of subsection (1): 21
(a) a licensee is a small-scale producer only if the premises on which 22
the licensee carries on business as such are: 23
(i) located in a non-metropolitan area, and 24
(ii) comply with such other requirements as may be prescribed 25
by the regulations, and 26
(b) a product (being beer, spirits, cider, perry or mead) is the 27
licensee's product only if it: 28
(i) has been produced on the licensed premises, and 29
(ii) is uniquely the licensee's (or a related corporation of the 30
licensee's) own product. 31
(3) In subsection (2) (a), non-metropolitan area means any part of the State 32
that is not within any of the following Statistical Divisions or Areas as 33
determined by the Australian Bureau of Statistics: 34
(a) the Sydney Statistical Division (excluding the Statistical Local 35
Areas of Wollondilly (Statistical Local Area 8400), Blue 36
Mountains (Statistical Local Area 0900), Hawkesbury 37
(Statistical Local Area 3800), Gosford (Statistical Local Area 38
3100) and Wyong (Statistical Local Area 8550)), 39
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Clause 35 Liquor Bill 2007
Part 3 Liquor licences
(b) the Statistical Local Areas of Newcastle (Statistical Local Areas 1
5901 and 5902), 2
(c) the Statistical Local Area of Lake Macquarie (Statistical Local 3
Area 4650), 4
(d) the Statistical Local Area of Wollongong (Statistical Local Area 5
8450). 6
35 Miscellaneous provisions relating to wine producers 7
(1) This section applies to the holder of a producer/wholesaler licence who 8
carries on business as a wine producer. 9
(2) Multiple premises 10
Despite any other provision of this Act, the licensed premises to which 11
a producer/wholesaler licence relates may comprise more than one set 12
of premises, but only if: 13
(a) each set of premises is operated by the licensee, and 14
(b) the premises are all located in the same wine region (as 15
determined in accordance with the regulations). 16
(3) Wine shows 17
Liquor may only be sold or supplied by the licensee at a wine show in 18
accordance with section 33 (1) (d): 19
(a) to customers or intending customers for consumption at the 20
licensee's display area, but only for the purposes of tasting, or 21
(b) in sealed containers for consumption away from the wine show. 22
(4) Producers' markets or fairs 23
Liquor may only be sold or supplied by the licensee at a producers' 24
market or fair in accordance with section 33 (1) (e): 25
(a) to customers or intending customers for consumption at the 26
licensee's stall, but only for the purposes of tasting, and 27
(b) in sealed containers for consumption away from the market or 28
fair. 29
(5) Liquor must not be sold or supplied by the licensee at any such wine 30
show, or at any such market or fair, to a person who is intoxicated. 31
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Liquor Bill 2007 Clause 36
Liquor licences Part 3
Division 7 Limited licences 1
36 Authorisation conferred by limited licence 2
(1) General scope of limited licence 3
A limited licence authorises the licensee to sell or supply liquor on the 4
licensed premises: 5
(a) in the case of a licence granted on behalf of a non-proprietary 6
association: 7
(i) for consumption on the licensed premises only, and 8
(ii) only as part of, or in connection with, a function held in 9
accordance with this Division, and 10
(b) in the case of a licence granted in respect of a function that is a 11
trade fair--for consumption on or away from the licensed 12
premises. 13
(2) Sale or supply of liquor must be ancillary to purpose of function 14
The authorisation conferred by a limited licence does not apply unless 15
the sale or supply of liquor at any function held under the licence is 16
ancillary to the purpose for which the function is held. 17
(3) Functions required to be approved by Authority 18
Except in the case of functions referred to in subsection (5) or (6), liquor 19
may only be sold or supplied under a limited licence at a function that 20
has been approved by the Authority. If any such approved function is 21
postponed, the approval by the Authority extends to the day to which 22
the function is postponed. 23
(4) Maximum number of approved functions per year 24
The number of functions that may be approved in relation to a limited 25
licence is not to exceed 52 per year (or such other number as the 26
Authority considers appropriate in any particular case). This subsection 27
does not apply in relation to a function referred to in subsection (5) or 28
(6). 29
(5) Social functions held on premises of surf life saving clubs 30
In the case of a limited licence held on behalf of a surf life saving club, 31
the licence also authorises the sale or supply of liquor at any gathering 32
(referred to in this Division as a club social function) of the members 33
of the club and their guests that: 34
(a) has been organised by the club, and 35
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Clause 37 Liquor Bill 2007
Part 3 Liquor licences
(b) is held on any Saturday, Sunday or public holiday (other than a 1
restricted trading day) in connection with, or following, an 2
activity associated with the conduct or administration of surf life 3
saving, 4
but only if notice has, at least 14 days before the day of the club social 5
function, been given to the Commissioner of Police, the Authority and 6
the local council in whose area the function is to be held. 7
(6) Special functions held on race days 8
In the case of a limited licence held on behalf of a racing club, the 9
licence also authorises liquor to be sold or supplied at functions held on 10
any day on which: 11
(a) the racing club holds race meetings or operates a betting 12
auditorium authorised under section 24 of the Racing 13
Administration Act 1998, or 14
(b) betting authorised by section 8 (6) (f) of the Unlawful Gambling 15
Act 1998 takes place at premises occupied by the racing club. 16
(7) This section does not apply in relation to a limited licence granted under 17
section 39 in respect of a special event. 18
37 Limited licence--general provisions 19
(1) Except in the case of a limited licence granted under section 39 in 20
respect of a special event, a limited licence may only be granted to: 21
(a) an individual on behalf of a non-proprietary association, or 22
(b) an individual in respect of a trade fair. 23
Note. A non-proprietary association includes a registered club or any other 24
club. 25
(2) The Authority may grant a limited licence authorising the sale or supply 26
of liquor on the licensed premises only if the Authority is satisfied that 27
the licence will not result in the frequent undue disturbance of the quiet 28
and good order of the neighbourhood of the licensed premises. 29
(3) A limited licence is not to be granted if the Authority is of the opinion 30
that the sale or supply of liquor under the licence would more 31
appropriately be provided under another kind of licence. 32
38 Limited licence--miscellaneous conditions 33
(1) How and when liquor may be sold or supplied 34
Liquor may only be sold or supplied on the licensed premises to which 35
a limited licence relates: 36
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Liquor Bill 2007 Clause 38
Liquor licences Part 3
(a) by way of opened cans, opened bottles or other opened containers 1
(except in the case of a trade fair in respect of which consumption 2
away from the licensed premises is authorised), and 3
(b) at such times as are specified by the Authority in the licence 4
(except in the case of club social functions held by a surf life 5
saving club). 6
Note. Subsection (4) deals with the trading hours for club social 7
functions held by surf life saving clubs. 8
(2) The trading hours for licensed premises to which a limited licence 9
relates cannot include the time between 3 am and 6 am. 10
(3) Supervision requirements 11
Liquor may only be sold or supplied on the licensed premises to which 12
a limited licence relates if: 13
(a) the licensee is present on those premises at all times when liquor 14
is being provided under the licence (except when a person 15
referred to in paragraph (b) is present in the circumstances 16
referred to in that paragraph), or 17
(b) a person nominated by the licensee as the person in charge of the 18
sale and supply of liquor at the function or event is present on the 19
premises at any time when the licensee cannot be present on those 20
premises. 21
(4) Surf life saving clubs--club social functions 22
In the case of a limited licence held on behalf of a surf life saving club, 23
liquor may only be sold or supplied at a club social function in 24
accordance with the following requirements: 25
(a) the function must be held on the club's premises (and if the club 26
has several premises, only on its principal premises) and the only 27
participants must be members of the club and their guests, 28
(b) the licensee must ensure that a register, in which such details as 29
the Authority may require concerning any such function are 30
recorded, is kept on the premises, 31
(c) the function must have been approved by resolution recorded in 32
the records of the governing body of the club, 33
(d) food of a nature and quantity consistent with the responsible sale, 34
supply and service of alcohol must be made available whenever 35
liquor is made available at the function, 36
(e) liquor must not be made available at the function at any time 37
before 12 noon or after 10 pm on the day on which the function 38
is held, 39
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Clause 39 Liquor Bill 2007
Part 3 Liquor licences
(f) liquor must not be made available at the function for a period of 1
more than 4 hours, 2
(g) the licensee must ensure that adequate adult supervision is 3
maintained at any time when persons under the age of 18 years 4
are on the premises while the function is being held, 5
(h) police officers and inspectors are to be permitted full and free 6
access to the premises where the function is held, and to the 7
register referred to in paragraph (b), at all times while the 8
function is being held. 9
(5) This section does not apply in relation to a limited licence granted under 10
section 39 in respect of a special event. 11
39 Limited licence for special event 12
(1) The Authority may grant a limited licence that authorises the licensee to 13
sell or supply liquor only: 14
(a) for consumption on the premises specified in the licence, and 15
(b) on a day or days specified in the licence (being a day or days 16
during which a special event is held). 17
(2) The times when liquor may be sold or supplied under the licence are to 18
be specified in the licence. 19
(3) The authorisation conferred by a limited licence does not apply unless 20
the sale or supply of liquor under the licence is ancillary to the special 21
event in respect of which the licence is granted. 22
(4) In this section, special event means an event of an infrequent or 23
temporary nature that, in the opinion of the Authority, would have a 24
beneficial social or economic impact on the community at a regional, 25
State or national level. 26
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Liquor Bill 2007 Clause 40
Licensing procedures and related matters Part 4
Part 4 Licensing procedures and related matters 1
Division 1 Licence applications and granting of licences 2
40 Licence applications 3
(1) Licence applications are to be made to the Authority. 4
(2) An application for a licence may be made by: 5
(a) an individual, or 6
(b) a corporation, or 7
(c) in the case of a club licence--a club (or a person on behalf of a 8
club) that meets the requirements specified in section 10 (1) of 9
the Registered Clubs Act 1976. 10
(3) An application for a licence may not be made by: 11
(a) an individual who is under the age of 18 years, or 12
(b) a person who is disqualified from holding a licence or who holds 13
a suspended licence. 14
(4) An application for a licence must: 15
(a) be in the form and manner approved by the Authority, and 16
(b) be accompanied by the fee prescribed by the regulations and such 17
information and particulars as may be prescribed by the 18
regulations, and 19
(c) be advertised in accordance with the regulations, and 20
(d) comply with such other requirements as may be approved by the 21
Authority or prescribed by the regulations. 22
Note. See also section 48 which requires a community impact statement to be 23
provided with certain licence applications. 24
(5) If, before an application for a licence is determined by the Authority, a 25
change occurs in the information provided in, or in connection with, the 26
application (including any information provided in accordance with this 27
subsection), the applicant must immediately notify the Authority of the 28
particulars of the change. 29
Maximum penalty: 20 penalty units. 30
41 Statement as to interested parties 31
(1) An application for a licence must be accompanied by a written 32
statement, made by a person having knowledge of the facts, specifying: 33
(a) that the person has made all reasonable inquiries to ascertain the 34
information required to complete the statement, and 35
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Clause 42 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(b) whether there are any persons (other than financial institutions) 1
who will be interested in the business, or the profits of the 2
business, carried on under the licence, and 3
(c) if there are any such persons, their names and dates of birth and, 4
in the case of a proprietary company, the names of the directors 5
and shareholders. 6
(2) For the purposes of subsection (1), a person is interested in the business, 7
or the profits of the business, carried on under the licence if the person 8
is entitled to receive: 9
(a) any income derived from the business, or any other financial 10
benefit or financial advantage from the carrying on of the 11
business (whether the entitlement arises at law or in equity or 12
otherwise), or 13
(b) any rent, profit or other income in connection with the use or 14
occupation of premises on which the business is to be carried on. 15
(3) The regulations may provide exceptions to this section. 16
42 Investigations, inquiries and referrals in relation to licence applications 17
(1) If the Authority receives an application for a licence, the Authority: 18
(a) may carry out such investigations and inquiries in relation to the 19
application as the Authority considers necessary for a proper 20
consideration of the application, and 21
(b) is to refer the application to the Director (unless the regulations 22
otherwise provide). 23
(2) The Director is to inquire into, and to report to the Authority on, such 24
matters in relation to the application as the Authority may request. 25
(3) For the purposes of subsection (2), the Director may carry out such 26
investigations and inquiries in relation to the application as the Director 27
considers necessary. 28
(4) In particular, the Director may refer to the Commissioner of Police 29
details of the application together with any supporting information in 30
relation to the application that the Director considers to be appropriate 31
for referral to the Commissioner. 32
(5) The Commissioner of Police may inquire into, and report to the Director 33
on, such matters concerning the application as the Director may request. 34
43 Authority or Director may require further information 35
(1) The Authority or the Director may, by notice in writing, require a person 36
who has applied to the Authority for a licence, or a close associate of 37
any such person, to do one or more of the following things: 38
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Liquor Bill 2007 Clause 44
Licensing procedures and related matters Part 4
(a) provide, in accordance with directions in the notice, such 1
information as, in the opinion of the Authority or the Director, is 2
relevant to the investigation of the application and is specified in 3
the notice, 4
(b) produce, in accordance with directions in the notice, such records 5
as, in the opinion of the Authority or the Director, are relevant to 6
the investigation of the application and permit examination of the 7
records, the taking of extracts from them and the making of 8
copies of them, 9
(c) authorise a person described in the notice to comply with a 10
requirement of the kind referred to in paragraph (a) or (b), 11
(d) furnish to the Authority or the Director such authorisations and 12
consents as the Authority or the Director requires for the purpose 13
of enabling the Authority or the Director to obtain information 14
(including financial and other confidential information) from 15
other persons concerning the person and the person's associates. 16
(2) A person who complies with a requirement of a notice under this section 17
does not on that account incur a liability to another person. 18
(3) The Authority may refuse to determine an application if a requirement 19
made under this section in relation to the application is not complied 20
with. 21
44 Submissions to Authority in relation to licence applications 22
(1) Any person may, subject to and in accordance with the regulations, 23
make a submission to the Authority in relation to an application for a 24
licence. 25
(2) If any such submission is made to the Authority, the Authority is to take 26
the submission into consideration before deciding whether or not to 27
grant the licence. 28
45 Decision of Authority in relation to licence application 29
(1) The Authority may, after considering an application for a licence and 30
any submissions received by the Authority in relation to the application, 31
grant the licence or refuse to grant the licence. The Authority may 32
determine the application whether or not the Director has provided a 33
report in relation to the application. 34
(2) The Authority may, in such circumstances as the Authority considers 35
appropriate, treat an application for a licence as having been withdrawn. 36
(3) The Authority must not grant a licence unless the Authority is satisfied 37
that: 38
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Clause 46 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(a) the applicant is a fit and proper person to carry on the business or 1
activity to which the proposed licence relates, and 2
(b) practices will be in place at the licensed premises as soon as the 3
licence is granted that ensure, as far as reasonably practicable, 4
that liquor is sold, supplied or served responsibly on the premises 5
and that all reasonable steps are taken to prevent intoxication on 6
the premises, and that those practices will remain in place, and 7
(c) if development consent is required under the Environmental 8
Planning and Assessment Act 1979 (or approval under Part 3A of 9
that Act is required) to use the premises for the purposes of the 10
business or activity to which the proposed licence relates--that 11
development consent or approval is in force. 12
Note. Section 48 also requires the Authority to be satisfied of certain other 13
matters before granting a hotel, club or packaged liquor licence. 14
(4) The regulations may also provide mandatory or discretionary grounds 15
for refusing the granting of a licence. 16
46 Duration of licences 17
(1) Except during any period of suspension, a licence continues to be in 18
force until such time as it is surrendered to the Authority, cancelled or 19
otherwise ceases to be in force or, in the case of a licence that is granted 20
for a specified term, when that term expires. 21
(2) A licence may be surrendered only in accordance with such 22
arrangements as may be approved by the Authority. 23
47 Granting of licence 24
(1) The regulations may prescribe, or provide for the determination of, a fee 25
for the granting of a licence. If any such fee is prescribed or determined, 26
the licence does not take effect unless the fee has been paid. 27
(2) The Authority may, in granting a licence, specify requirements that are 28
to be complied with before the licence takes effect. The licence does not 29
take effect until such time as any such requirements have been complied 30
with. 31
(3) A licence is to be in the form approved by the Authority. 32
Division 2 Miscellaneous provisions relating to licences and 33
licence-related authorisations 34
48 Community impact 35
(1) The object of this section is to facilitate the consideration by the 36
Authority of the impact that the granting of certain licences, 37
authorisations or approvals will have on the local community, in 38
Page 38
Liquor Bill 2007 Clause 48
Licensing procedures and related matters Part 4
particular by providing a process in which the Authority is made aware 1
of: 2
(a) the views of the local community, and 3
(b) the results of any discussions between the applicant and the local 4
community about the issues and concerns that the local 5
community may have in relation to the application. 6
(2) In this section: 7
relevant application means any of the following: 8
(a) an application for a hotel licence, club licence or packaged liquor 9
licence, 10
(b) an application under section 59 for approval to remove a hotel 11
licence, club licence or packaged liquor licence to other premises, 12
(c) an application for an extended trading authorisation in relation to 13
a hotel licence, club licence or packaged liquor licence, 14
(d) an application for an extended trading authorisation in relation to 15
an on-premises licence (but only if the authorisation will result in 16
trading at any time between midnight and 5 am), 17
(e) an application for an extended trading authorisation in relation to 18
a producer/wholesaler licence (but only if the authorisation will 19
result in retail trading at any time between midnight and 5 am), 20
(f) any particular application (or class of application) that is required 21
by the Authority to be accompanied by a community impact 22
statement, 23
(g) any other application of a kind prescribed by the regulations or 24
made in such circumstances as may be prescribed by the 25
regulations, 26
but does not include any application for an extended trading 27
authorisation in relation to a special occasion (as referred to in section 28
49 (5) (b)). 29
(3) A relevant application must be accompanied by a community impact 30
statement. 31
(4) The community impact statement must: 32
(a) be prepared in accordance with the regulations and any 33
requirements of the Authority, and 34
(b) be in the form approved by the Authority. 35
(5) The Authority must not grant a licence, authorisation or approval to 36
which a relevant application relates unless the Authority is satisfied, 37
after having regard to: 38
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Clause 49 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(a) the community impact statement provided with the application, 1
and 2
(b) any other matter the Authority is made aware of during the 3
application process (such as by way of reports or submissions), 4
that the overall social impact of the licence, authorisation or approval 5
being granted will not be detrimental to the well-being of the local or 6
broader community. 7
(6) The regulations may make provision for or with respect to the 8
following: 9
(a) the requirements that must be satisfied in relation to the 10
preparation of a community impact statement (including 11
consultation requirements), 12
(b) the matters to be addressed by a community impact statement, 13
(c) the information to be provided in a community impact statement, 14
(d) the criteria for determining the local and broader community for 15
the purposes of a relevant application, 16
(e) any other matter relating to the preparation and content of a 17
community impact statement. 18
49 Extended trading authorisation 19
(1) Application of section 20
This section applies in relation to the following types of licences 21
(referred to in this section as a relevant licence): 22
(a) a hotel licence, 23
(b) a club licence, 24
(c) an on-premises licence (other than an on-premises licence that 25
relates to a vessel), 26
(d) a packaged liquor licence, 27
(e) a producer/wholesaler licence. 28
(2) Extended trading authorisation for consumption on premises 29
In the case of a relevant licence (other than a packaged liquor licence) 30
that authorises the sale or supply of liquor for consumption on the 31
licensed premises, the Authority may, on application by the licensee, 32
authorise the licensee to sell or supply liquor, for consumption on the 33
licensed premises only, during any of the following periods: 34
(a) in the case of a hotel licence--a specified period between 35
midnight (other than midnight on a Sunday) and 5 am on any day 36
of the week (other than a Monday), 37
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Liquor Bill 2007 Clause 49
Licensing procedures and related matters Part 4
(b) in the case of a relevant licence other than a hotel licence--a 1
specified period between midnight and 5 am on any day of the 2
week, 3
(c) in any case--a specified period between 5 am and 10 am on a 4
Sunday, 5
(d) in any case--a specified period between 10 pm and midnight on 6
a Sunday. 7
(3) Despite subsection (2) (a), the Authority may, in the case of a hotel: 8
(a) situated in the area constituting the City of Sydney (as at 1 July 9
1994), or 10
(b) that fronts onto any of the streets specified in Schedule 2 (Kings 11
Cross precinct) or Schedule 3 (Oxford StreetDarlinghurst 12
precinct) or is situated in an area bounded by those streets or parts 13
of streets, or 14
(c) situated in the Kosciuszko National Park, 15
authorise the licensee, on application by the licensee, to sell or supply 16
liquor, for consumption on the licensed premises only, during a 17
specified period between midnight on a Sunday and 5 am on a Monday. 18
(4) Extended trading authorisation for take-away sales on Sundays 19
In the case of a relevant licence (including a packaged liquor licence) 20
that authorises the sale or supply of liquor for consumption away from 21
the licensed premises, the Authority may, on application by the 22
licensee, authorise the licensee to sell or supply liquor, for consumption 23
away from the licensed premises only, during either or both of the 24
following: 25
(a) a specified period between 5 am and 10 am on a Sunday, 26
(b) a specified period between 10 pm and midnight on a Sunday. 27
(5) Nature of extended trading authorisation 28
An extended trading authorisation operates to authorise the sale or 29
supply of liquor on the licensed premises: 30
(a) on a regular basis (until such time as the authorisation is varied or 31
revoked by the Authority), or 32
(b) if the authorisation so provides--on a special occasion that takes 33
place on a specified date. 34
(6) Extended trading period to be specified 35
In granting an extended trading authorisation, the Authority is to 36
specify: 37
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Clause 50 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(a) the extended trading hours during which the licensee is 1
authorised to sell or supply liquor, and 2
(b) the part or parts of the licensed premises to which the 3
authorisation applies. 4
(7) Extended trading not permitted on or following restricted trading day 5
Despite any other provision of this section, an extended trading 6
authorisation may not be granted to authorise the sale or supply of liquor 7
on licensed premises: 8
(a) on a restricted trading day, or 9
(b) between midnight and 5 am on any day immediately following a 10
restricted trading day. 11
(8) Restrictions on granting extended trading authorisation 12
The Authority must not grant an extended trading authorisation in 13
respect of licensed premises unless the Authority is satisfied that: 14
(a) practices are in place, and will remain in place, at the licensed 15
premises that ensure as far as reasonably practicable that liquor is 16
sold, supplied or served responsibly on the premises and that all 17
reasonable steps are taken to prevent intoxication on the 18
premises, and 19
(b) the extended trading period will not result in the frequent undue 20
disturbance of the quiet and good order of the neighbourhood of 21
the licensed premises. 22
(9) For the purposes of subsection (5) (b), a special occasion means the 23
occasion of a unique or infrequent event of local, State or national 24
significance that persons independent of the licensee (and of the owner 25
or occupier of the premises) desire to celebrate or mark on the licensed 26
premises concerned. 27
50 Drink on-premises authorisation for licensed wine producers 28
(1) The Authority may, on application by the holder of a 29
producer/wholesaler licence who carries on business as a wine 30
producer, endorse the licence with an authorisation (referred to as a 31
drink on-premises authorisation) relating to the sale, supply and 32
consumption of liquor on the licensed premises. 33
(2) A drink on-premises authorisation authorises the licensee to sell liquor 34
by retail on the licensed premises, for consumption on the licensed 35
premises only: 36
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Liquor Bill 2007 Clause 51
Licensing procedures and related matters Part 4
(a) on any day of the week (except a restricted trading day)--during 1
the standard trading period for that day or during such other 2
period as may be authorised by an extended trading authorisation, 3
and 4
(b) on 31 December in any year--from the start of the standard 5
trading period for that day until 2 am on the next succeeding day, 6
and 7
(c) on a restricted trading day--from noon to 10 pm. 8
51 General provisions applying to licence-related authorisations 9
(1) This section applies to the following authorisations granted by the 10
Authority under this Act: 11
(a) an extended trading authorisation, 12
(b) a drink on-premises authorisation, 13
(c) any other authorisation that may be granted by the Authority 14
under Part 3 (other than a licence), 15
(d) a minors area authorisation, 16
(e) a minors functions authorisation. 17
(2) An application for an authorisation to which this section applies must: 18
(a) be in the form and manner approved by the Authority, and 19
(b) be accompanied by the fee prescribed by the regulations and such 20
information and particulars as may be prescribed by the 21
regulations, and 22
(c) if required by the regulations to be advertised--be advertised in 23
accordance with the regulations, and 24
(d) comply with such other requirements as may be approved by the 25
Authority or prescribed by the regulations. 26
(3) In determining an application for an authorisation, the Authority has the 27
same powers in relation to the application as the Authority has in 28
relation to an application for a licence. The Authority may determine the 29
application whether or not the Director has provided a report in relation 30
to the application. 31
(4) If, before an application for an authorisation is determined by the 32
Authority, a change occurs in the information provided in, or in 33
connection with, the application (including information provided under 34
this subsection), the applicant must immediately notify the Authority of 35
the particulars of the change. 36
Maximum penalty: 20 penalty units. 37
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Clause 51 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(5) Any person may, subject to and in accordance with the regulations, 1
make a submission to the Authority in relation to an application for an 2
authorisation. 3
(6) If any such submission is made to the Authority, the Authority is to take 4
the submission into consideration before deciding whether or not to 5
grant the authorisation. 6
(7) The regulations may prescribe, or provide for the determination of, a fee 7
in respect of the granting of an authorisation. If any such fee is 8
prescribed or determined, the authorisation does not take effect unless 9
the fee has been paid. 10
(8) The Authority may, in granting an authorisation, specify requirements 11
that are to be complied with before the authorisation takes effect. The 12
authorisation does not take effect until such time as any such 13
requirements have been complied with. 14
(9) An authorisation: 15
(a) is subject to such conditions: 16
(i) as are imposed by the Authority (whether at the time the 17
authorisation is granted or at a later time), or 18
(ii) as are imposed by or under this Act or as are prescribed by 19
the regulations, and 20
(b) may be varied or revoked by the Authority on the Authority's 21
own initiative or on application by the licensee, the Director or 22
the Commissioner of Police. 23
(10) Any such application by a licensee to vary or revoke an authorisation 24
(including any conditions to which the authorisation is subject that have 25
been imposed by the Authority) must be accompanied by the fee 26
prescribed by the regulations. 27
(11) For the purposes of this Act, any condition to which an authorisation is 28
subject is taken to be a condition of the licence to which the 29
authorisation relates. 30
(12) An authorisation has effect only while all the conditions to which it is 31
subject are being complied with. 32
(13) The Authority must not impose a condition on an authorisation, or 33
revoke or vary an authorisation, other than a variation made on 34
application by a licensee, unless the Authority has: 35
(a) given the licensee to whom the authorisation relates a reasonable 36
opportunity to make submissions in relation to the proposed 37
decision, and 38
(b) taken any such submissions into consideration before making the 39
decision. 40
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Liquor Bill 2007 Clause 52
Licensing procedures and related matters Part 4
(14) This section does not authorise the revocation or variation of a condition 1
to which an authorisation is subject if the condition is imposed by this 2
Act or is prescribed by the regulations. 3
52 Authority may impose special licence conditions 4
(1) Conditions relating to harm minimisation 5
The Authority may impose conditions on a licence prohibiting or 6
restricting activities (such as promotions or discounting) that could 7
encourage misuse or abuse of liquor (such as binge drinking or 8
excessive consumption). 9
(2) Conditions relating to serving of liquor 10
The Authority may impose conditions on a licence requiring a licensee, 11
in specified circumstances: 12
(a) to cease to serve liquor on the licensed premises, or 13
(b) to restrict access to the licensed premises in a manner and to the 14
extent provided by the conditions, 15
or both, from a time of day that is earlier than the time at which, as 16
otherwise required by the licence, trading must cease. 17
(3) Conditions relating to local liquor accords 18
The Authority may impose conditions on a licence requiring the 19
licensee to participate in, and to comply with, a local liquor accord. 20
53 Authority may impose, vary or revoke licence conditions 21
(1) Without limiting any other provision of this Act, the Authority may at 22
any time: 23
(a) on application by the Director or the Commissioner of Police, or 24
(b) on the Authority's own initiative, 25
impose conditions not inconsistent with this Act to which a licence is to 26
be subject. 27
(2) The Authority may at any time: 28
(a) on application by the licensee, the Director or the Commissioner 29
of Police, or 30
(b) on the Authority's own initiative, 31
vary or revoke a condition of a licence that has been imposed (or taken 32
to have been imposed) by the Authority under this Act. 33
(3) An application under subsection (1) or (2) must: 34
(a) be in the form and manner approved by the Authority, and 35
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Clause 54 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(b) in the case of an application by a licensee--be accompanied by 1
the fee prescribed by the regulations, and 2
(c) be accompanied by such information and particulars as may be 3
prescribed by the regulations, and 4
(d) if required by the regulations to be advertised--be advertised in 5
accordance with the regulations, and 6
(e) comply with such other requirements as may be approved by the 7
Authority or prescribed by the regulations. 8
(4) The Authority must not impose a condition on a licence after it has been 9
granted, or vary or revoke a condition that has been imposed (or taken 10
to have been imposed) by the Authority, unless the Authority has: 11
(a) given the licensee a reasonable opportunity to make submissions 12
in relation to the proposed decision, and 13
(b) taken any such submissions into consideration before making the 14
decision. 15
(5) Any person may, subject to and in accordance with the regulations, 16
make a submission to the Authority in relation to an application under 17
this section to vary or revoke a condition to which a licence is subject. 18
(6) If any such submission is made to the Authority, the Authority is to take 19
the submission into consideration before deciding whether or not to 20
vary or revoke the licence condition. 21
54 Director may impose licence conditions 22
(1) Without limiting the power of the Director to impose conditions on a 23
licence under any other provision of this Act, the Director may impose 24
conditions on a licence for such reasons, or in such circumstances, as the 25
Director considers necessary or appropriate. 26
(2) The Director may: 27
(a) on the application of the licensee or the Commissioner of Police, 28
or 29
(b) on the Director's own initiative, 30
vary or revoke a condition of a licence that has been imposed by the 31
Director under this or any other section of this Act. 32
(3) The Director must not impose a condition on a licence under this 33
section, or vary or revoke a condition that has been imposed by the 34
Director under this or any other section of this Act, unless the Director 35
has: 36
(a) given the licensee a reasonable opportunity to make submissions 37
in relation to the proposed decision, and 38
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Liquor Bill 2007 Clause 55
Licensing procedures and related matters Part 4
(b) taken any such submissions into consideration before making the 1
decision. 2
(4) The power of the Director to impose conditions on a licence under this 3
section, or to vary or revoke a condition imposed by the Director under 4
this section or any other provision of this Act, may also be exercised in 5
relation to any authorisation to which section 51 applies that is held in 6
relation to the licence concerned. 7
(5) This section does not authorise the Director: 8
(a) to impose a condition that is inconsistent with a condition that has 9
been imposed by the Authority or is imposed by this Act or the 10
regulations, or 11
(b) to vary or revoke a condition of a licence that has been imposed 12
by the Authority or is imposed by this Act or the regulations. 13
55 Requirement to provide information in relation to persons interested in 14
licensee's business 15
(1) If a person (other than the licensee or a financial institution) becomes 16
interested in the business, or the conduct of the business, carried out on 17
licensed premises, it is a condition of the licence that the Authority is 18
provided with the following information within 28 days after the other 19
person becomes so interested: 20
(a) the name and date of birth of the person so interested and, in the 21
case of a proprietary company, the names of the directors and 22
shareholders, 23
(b) a statement, signed by the licensee, that the licensee has made all 24
reasonable inquiries to ascertain the information referred to in 25
paragraph (a). 26
(2) For the purposes of subsection (1), a person is interested in the business, 27
or the conduct of the business, carried out on licensed premises if the 28
person is entitled to receive: 29
(a) any income derived from the business, or any other financial 30
benefit or financial advantage from the carrying on of the 31
business (whether the entitlement arises at law or in equity or 32
otherwise), or 33
(b) any rent, profit or other income in connection with the use or 34
occupation of the premises on which the business is to be carried 35
on. 36
(3) The information required to be provided to the Authority under this 37
section may be provided by the interested person. 38
(4) This section does not apply in relation to limited licences. 39
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Clause 56 Liquor Bill 2007
Part 4 Licensing procedures and related matters
56 Incident registers 1
(1) If the sale or supply of liquor after midnight on licensed premises is 2
authorised at least once a week on a regular basis, it is a condition of the 3
licence that the licensee maintains an incident register in the form 4
approved by the Authority. 5
(2) An incident register required to be kept under this section is to record 6
details of the following incidents that occur outside of the standard 7
trading period for the licensed premises: 8
(a) any incident involving violence or anti-social behaviour 9
occurring on the licensed premises, 10
(b) any incident of which the licensee is aware that involves violence 11
or anti-social behaviour occurring in the immediate vicinity of 12
the licensed premises and that involves a person who has recently 13
left, or been refused admission to, the premises, 14
(c) any incident that results in a person being turned out of the 15
licensed premises under section 77, 16
(d) any other incident of a kind prescribed by the regulations. 17
(3) The incident register must also record details of any action taken in 18
response to any such incident. 19
57 Authority may establish administrative policies and procedures in 20
relation to licensing matters 21
(1) The Authority may approve policies and procedures for administering 22
the licensing scheme under this Act. 23
(2) Any such policies and procedures may be applied by the Authority: 24
(a) in dealing with applications for licences, authorisations or other 25
matters that may be granted by the Authority under this Act, and 26
(b) in determining those applications. 27
58 Courses of training and instruction for applicants and licensees 28
(1) The Authority may require an applicant or class of applicants for such 29
kinds of licences as the Authority determines to attend a course of 30
training or instruction approved by the Authority. 31
(2) If an applicant is required to attend any such course of training, the 32
Authority: 33
(a) may refuse to grant the licence until such time as the applicant has 34
completed the course to the standard required by the Authority, or 35
(b) may grant the licence subject to the condition that the licensee 36
completes the course to the standard required by the Authority 37
within such time as the Authority determines. 38
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Liquor Bill 2007 Clause 59
Licensing procedures and related matters Part 4
(3) The Authority may require a licensee to undertake and satisfactorily 1
complete such further courses of training or instruction as may be 2
approved by the Authority in respect of the class of licence concerned. 3
It is a condition of a licence that the licensee comply with any such 4
requirement. 5
Division 3 Licence removals and transfers 6
59 Removal of licence to other premises 7
(1) A licensee may apply to the Authority for approval to remove the 8
licence to premises other than those specified in the licence. 9
(2) An application for approval to remove a licence to other premises must: 10
(a) be in the form and manner approved by the Authority, and 11
(b) be accompanied by the fee prescribed by the regulations and such 12
information and particulars as may be prescribed by the 13
regulations, and 14
(c) be advertised in accordance with the regulations, and 15
(d) comply with such other requirements as may be approved by the 16
Authority or prescribed by the regulations. 17
(3) An application for approval to remove a licence to other premises is to 18
be dealt with and determined by the Authority as if it were an 19
application for the granting of a licence in respect of those other 20
premises. Accordingly, the provisions of Division 1, in particular, 21
extend to an application for the removal of a licence to other premises 22
as if it were an application for a licence. 23
(4) The Authority may refuse an application for approval to remove a hotel 24
licence if the Authority is satisfied that the removal of the licence would 25
adversely affect the interest of the owner or a lessee or mortgagee of the 26
premises from which it is proposed to remove the hotel licence, or a 27
sublessee from a lessee or sublessee of those premises. 28
(5) The Authority must refuse an application for approval to remove a 29
licence unless the Authority is satisfied that: 30
(a) practices will, as soon as the removal of the licence takes effect, 31
be in place at the premises to which the licence is proposed to be 32
removed that ensure, as far as reasonably practicable, that liquor 33
is sold, supplied or served responsibly on those premises and that 34
all reasonable steps are taken to prevent intoxication on those 35
premises, and 36
(b) those practices will remain in place. 37
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Clause 60 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(6) The regulations may provide additional mandatory or discretionary 1
grounds for refusing to approve the removal of a licence. 2
(7) The approval to remove a licence to other premises takes effect: 3
(a) on payment to the Authority of the fee prescribed by the 4
regulations, and 5
(b) when the Authority endorses the licence to the effect that those 6
other premises are the premises to which the licence relates. 7
60 Transfer of licence 8
(1) The Authority may, on application made in accordance with this 9
section, approve the transfer of a licence to a person who, in the opinion 10
of the Authority, would be entitled to apply for the same kind of licence 11
in relation to the licensed premises. 12
(2) An application for approval to transfer a licence may be made by the 13
licensee or the person to whom the licence is proposed to be transferred. 14
(3) In the case of the transfer of a limited licence that is held by a person on 15
behalf of a non-proprietary association, the application for approval to 16
transfer the licence may be made: 17
(a) by the secretary or other relevant office holder of the 18
non-proprietary association, or 19
(b) if the non-proprietary association is a local council--by the 20
general manager of the council, or 21
(c) if the non-proprietary association is a public authority or 22
community organisation referred to in paragraph (c) of the 23
definition of non-proprietary association in section 4 (1)--by 24
the chief executive officer of the authority or organisation. 25
(4) An application for approval to transfer a licence must: 26
(a) be in the form and manner approved by the Authority, and 27
(b) be accompanied by the fee prescribed by the regulations and such 28
information and particulars as may be prescribed by the 29
regulations, and 30
(c) if made by a person other than the licensee--be accompanied by 31
the written consent of the licensee to the proposed transfer, and 32
(d) comply with such other requirements as may be approved by the 33
Authority or prescribed by the regulations. 34
(5) An application for approval to transfer a licence to another person is to 35
be dealt with and determined by the Authority as if it were an 36
application for the granting of a licence to the other person and the other 37
person was the applicant for the licence. Accordingly, the provisions of 38
Division 1 apply in relation to an application under this section. 39
Page 50
Liquor Bill 2007 Clause 60
Licensing procedures and related matters Part 4
(6) A club licence may be transferred to another club only if the Authority 1
is satisfied that the requirements of Division 1A of Part 2 (Provisions 2
relating to club amalgamations) of the Registered Clubs Act 1976 and 3
of any regulations made for the purposes of this section have been 4
complied with in relation to the transfer. 5
(7) The Authority may provisionally approve the transfer of a licence to 6
another person if the Authority is satisfied that: 7
(a) there is nothing that would preclude the Authority from 8
approving the transfer of a licence, and 9
(b) the circumstances of the case justify giving the approval on a 10
provisional basis. 11
(8) A provisional approval to transfer a licence is sufficient authority for the 12
transfer of the licence. However, any such provisional approval ceases 13
to have effect unless it is confirmed by the Authority before the end of 14
the period specified by the Authority when provisionally approving the 15
transfer (or such later period as may be allowed by the Authority before 16
the expiration of the specified period). 17
(9) If a provisional approval to transfer a licence ceases to have effect 18
because of the operation of subsection (8), the Authority may make such 19
orders in relation to the licence as the Authority considers appropriate, 20
including any of the following orders: 21
(a) an order that the licence is to revert to the transferor, 22
(b) an order treating a person (with the person's consent) as licensee 23
until a transfer of the licence is effected, 24
(c) an order that the licence cannot be exercised until specified 25
conditions are met or the Authority orders otherwise. 26
(10) Any such order has effect according to its terms. 27
(11) The Authority must not approve or provisionally approve the transfer of 28
a licence unless satisfied: 29
(a) that practices will be in place at the licensed premises of the 30
transferee as soon as the licence is transferred that ensure as far 31
as reasonably practicable that liquor is sold, supplied and served 32
responsibly on the premises and that all reasonable steps are 33
taken to prevent intoxication on the premises, and 34
(b) that those practices will remain in place. 35
(12) The transfer of a licence has effect as if the licence had been granted to 36
the transferee. 37
Page 51
Clause 61 Liquor Bill 2007
Part 4 Licensing procedures and related matters
61 Application for transfer of licence on dispossession of licensee 1
(1) This section applies in relation to a licence (other than a club licence) if: 2
(a) the licensee is evicted from the licensed premises, or 3
(b) the owner of the licensed premises comes into, or becomes 4
entitled to, possession of the licensed premises to the exclusion 5
of the licensee, or 6
(c) the owner of the licensed premises comes into possession of the 7
premises and the licensee is no longer employed by that person 8
or in attendance at the premises in the capacity as licensee. 9
(2) An application for a transfer of the licence may be made by the owner 10
of the licensed premises. 11
(3) The owner of the licensed premises who comes into, or is entitled to, 12
possession of the premises is taken to be the licensee of the premises 13
until: 14
(a) the day that is 28 days after this section becomes applicable, or 15
(b) the day on which application is made under subsection (2), 16
whichever first occurs. 17
(4) If an application is made under subsection (2) not later than 28 days 18
after this section becomes applicable, the applicant is, until the 19
application is determined by the Authority, taken to be the licensee 20
under the licence to which the application relates. 21
(5) The Authority is not to determine an application for the transfer of a 22
licence under this section unless: 23
(a) the Authority is satisfied: 24
(i) that notice of the application was given to the dispossessed 25
licensee at least 3 clear days before the Authority 26
determines the application (or that all reasonable steps 27
necessary for giving notice were taken by or on behalf of 28
the applicant and that failure to give notice was not due to 29
any neglect or default of the applicant), and 30
(ii) if so notified, that the dispossessed licensee has been given 31
a reasonable opportunity to make submissions in relation 32
to the application, and 33
(b) the Authority is satisfied that any lessee of the licensed premises 34
has been notified of the application for the transfer of the licence 35
and been given a reasonable opportunity to make submissions in 36
relation to the application, and 37
(c) the Authority has taken any submissions made under this 38
subsection into consideration. 39
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Liquor Bill 2007 Clause 62
Licensing procedures and related matters Part 4
(6) Section 60 applies, with such modifications as are necessary, in relation 1
to an application for the transfer of a licence under this section. 2
62 Carrying on licensee's business after death etc of licensee 3
(1) In this section, a reference to the business of a licensee is a reference to 4
the business of the licensee carried on by the licensee under the licence 5
immediately before the licensee's death, bankruptcy or other disability 6
referred to in this section. 7
(2) If a licensee dies, the business of the licensee may be carried on for a 8
period not exceeding one month by a person of or above the age of 18 9
years who: 10
(a) was the spouse or de facto partner of the licensee, or 11
(b) is a member of the family left by the licensee, or 12
(c) carries on the business on behalf of the family left by the licensee, 13
so long as the Authority is notified immediately that the business of the 14
licensee is being so carried on. 15
(3) If, within the period of one month referred to in subsection (2), an 16
application is made to the Authority by: 17
(a) the person carrying on the business of the licensee under 18
subsection (2), or 19
(b) a person who claims that, for the purpose of continuing to carry 20
on the business, the person should be preferred to the person 21
referred to in paragraph (a), 22
for endorsement of the licence, as agent, of the name of the applicant, 23
the person referred to in paragraph (a) may continue to carry on the 24
business of the licensee until the application is determined. 25
(4) If, under the Bankruptcy Act 1966 of the Commonwealth, a trustee 26
holds office in relation to the business of a licensee, the business of the 27
licensee may be carried on by the trustee, or by a person authorised for 28
the purpose by the trustee, so long as: 29
(a) the Authority is notified immediately that the business is being so 30
carried on, and 31
(b) an application is made to the Authority by the trustee as soon as 32
practicable for endorsement on the licence, as agent, of the name 33
of the person so authorised. 34
(5) If a licensee becomes a mentally incapacitated person, the business of 35
the licensee may be carried on by the Protective Commissioner or a 36
person authorised for the purpose by the Protective Commissioner, so 37
long as: 38
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Clause 63 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(a) the Authority is notified immediately that the business of the 1
licensee is being so carried on, and 2
(b) an application is made to the Authority by the Protective 3
Commissioner as soon as practicable for endorsement on the 4
licence, as agent, of the name of the person so authorised. 5
(6) A person who carries on the business of a licensee under this section is, 6
while the person so carries on the business, taken to be the licensee. 7
(7) An application under this section must be accompanied by the fee 8
prescribed by the regulations. 9
(8) The Authority is to notify the Director and the Commissioner of Police 10
of any application under this section and the Director and the 11
Commissioner are entitled to make submissions in relation to such an 12
application. 13
63 Grant of application for endorsement of licence following death etc of 14
licensee 15
(1) The Authority may grant an application under section 62 if the 16
Authority is satisfied that the person whose name the applicant seeks to 17
have endorsed on the licence is a fit and proper person to carry on the 18
business to which the application relates. 19
(2) In deciding whether or not to grant an application under section 62, the 20
Authority is to take into consideration any submissions made by the 21
Director or the Commissioner of Police in relation to the application. 22
(3) If, following the death of a licensee, the Authority is so satisfied in 23
relation to more than one such person, the Authority may grant the 24
application of such one of them as the Authority thinks fit. 25
(4) The granting of an application under section 62 takes effect with respect 26
to a licence when the Authority endorses the licence accordingly. 27
(5) A person whose name is endorsed on a licence under subsection (4) is, 28
while the endorsement has effect, taken to be the licensee. 29
(6) Subject to section 64 (4), an endorsement under this section has effect 30
for the period specified by the Authority. Any such specified period 31
may, before the period expires, be extended by the Authority on 32
application by the person who is taken to be the licensee. 33
64 Transfer of licence after death etc of licensee 34
(1) If probate of the will of a deceased licensee is, or letters of 35
administration of the deceased licensee's estate are, granted, the 36
executor or administrator must, as soon as practicable, apply to the 37
Authority for the transfer of the licence to the executor or administrator, 38
or to a person nominated by the executor or administrator, as transferee. 39
Page 54
Liquor Bill 2007 Clause 65
Licensing procedures and related matters Part 4
(2) A trustee referred to in section 62 (4) who holds office in relation to the 1
business of a licensee may apply under section 60 as transferor for the 2
transfer of the licence to a person nominated by the trustee. 3
(3) If section 62 (5) applies in relation to a licensee, the Protective 4
Commissioner may apply under section 60 as transferor for the transfer 5
of the licence to a person nominated by the Protective Commissioner. 6
(4) If a licence is transferred under an application authorised by this section, 7
any endorsement of the licence under section 63 ceases to have effect. 8
Division 4 Special provisions relating to corporate licensees 9
65 Application of Division 10
This Division applies in relation to any licence that is held by a 11
corporation (including a registered club). 12
66 Appointment of managers 13
(1) A licensee (other than a registered club): 14
(a) must appoint a manager approved by the Authority under this 15
Division for the licensed premises, and 16
(b) must not cause or permit the conduct of business under the 17
licence for a period of more than 28 days except under the 18
personal supervision and management of a person so approved. 19
Maximum penalty: 50 penalty units. 20
(2) A registered club that has more than one set of premises: 21
(a) must appoint a different manager, approved by the Authority 22
under this Division, for each set of premises of the club at which 23
the secretary of the club is not in attendance, and 24
(b) must not cause or permit the conduct of business on any such 25
premises for a period of more than 2 months except under the 26
management of a person so approved. 27
Maximum penalty: 50 penalty units. 28
(3) Subsection (2) does not apply to a registered club: 29
(a) that has no more than 2 sets of premises and the premises 30
concerned: 31
(i) are, in the case where the main premises of the club are 32
situated in a metropolitan area, within 10 kilometres of the 33
other premises of the club or are, in the case where the 34
main premises of the club are not situated in a metropolitan 35
area, within 50 kilometres of the other premises of the 36
club, or 37
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Clause 67 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(ii) are staffed by less than 5 full-time employees, or 1
(b) in such other circumstances as are prescribed by the regulations. 2
(4) Despite subsection (2), a registered club may appoint a person to act as 3
a manager of any of the club's premises for the purposes of that 4
subsection even though the person has not been approved by the 5
Authority, but only if an application for the approval of the person to 6
manage licensed premises has been made under section 68. 7
(5) A person's authorisation to be appointed under subsection (4) to act as 8
manager of club premises expires on the determination by the Authority 9
of the relevant application for approval. 10
(6) In this section: 11
metropolitan area means any of the following areas as determined by 12
the Australian Bureau of Statistics: 13
(a) the Sydney Statistical Division, 14
(b) the Statistical Local Areas of Newcastle (Statistical Local Areas 15
5901 and 5902), 16
(c) the Statistical Local Area of Lake Macquarie (Statistical Local 17
Area 4650), 18
(d) the Statistical Local Area of Wollongong (Statistical Local Area 19
8450). 20
67 Restrictions on who may be appointed as manager 21
(1) The following provisions apply to the appointment under section 66 of 22
a manager of licensed premises: 23
(a) a person may not be appointed as the manager of licensed 24
premises unless the person is approved by the Authority to 25
manage licensed premises and the approval applies to the 26
premises or class of premises concerned, 27
(b) only an individual may be appointed to manage licensed 28
premises, 29
(c) a person cannot be appointed as the manager of licensed premises 30
if at the time of the appointment the person already holds an 31
appointment as the manager of other licensed premises. 32
(2) Subsection (1) (c) does not apply in the case of a registered club referred 33
to in section 66 (3). 34
(3) Subject to section 66 (4), an appointment in contravention of this 35
section is void for the purposes of this Act. 36
Page 56
Liquor Bill 2007 Clause 68
Licensing procedures and related matters Part 4
68 Approval of persons to manage licensed premises 1
(1) An application for the Authority's approval of a person to manage 2
licensed premises must be in the form and manner approved by the 3
Authority and be accompanied by the fee prescribed by the regulations. 4
(2) The Authority may grant any such application or refuse to grant the 5
application. 6
(3) In determining an application for approval of a person to manage 7
licensed premises, the Authority has the same powers in relation to the 8
application as the Authority has in relation to an application for a 9
licence. 10
(4) The Authority's approval may not be given unless the Authority is 11
satisfied that the person concerned: 12
(a) is a fit and proper person to manage licensed premises, and 13
(b) understands the person's responsibilities in relation to, and is 14
capable of implementing, practices in place at licensed premises 15
for ensuring the responsible sale, supply and service of alcohol 16
and the prevention of intoxication, and 17
(c) if the Authority has required the person to attend a course of 18
training or instruction approved by the Authority--has 19
completed the course to the standard required by the Authority. 20
(5) If the Authority is satisfied that there is nothing that might preclude the 21
Authority from approving of the person to manage licensed premises, 22
but requires more information before making a final decision, the 23
Authority may give a provisional approval of the person to be such a 24
manager. 25
(6) A provisional approval is sufficient to authorise the appointment of the 26
person, in accordance with section 69, as manager of the licensed 27
premises until such time as the Authority confirms the approval of the 28
person. 29
(7) An approval or provisional approval of a person to manage licensed 30
premises may be given so as to apply in relation to any particular 31
licensed premises, to all licensed premises of a specified class or to all 32
licensed premises, as the Authority thinks fit. 33
69 Notice of appointments 34
(1) A licensee must give the Authority notice of the appointment of a 35
person as manager of licensed premises. 36
Maximum penalty: 20 penalty units. 37
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Clause 70 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(2) The appointment of a manager is not in force until the licensee has given 1
the Authority notice of the appointment as required by this section, 2
accompanied by the declaration referred to in subsection (5) (b). 3
(3) The appointment of a manager is revoked by the licensee giving notice 4
under this section of the appointment of a new manager or by the 5
licensee or manager giving the Authority notice of the manager's 6
ceasing to act as manager. 7
(4) A notice under this section may specify a day that is later than the day 8
the notice is given as the day the notice is to take effect, and the notice 9
takes effect accordingly. 10
(5) A notice under this section: 11
(a) must be completed in writing in the form approved by the 12
Authority, and 13
(b) must be accompanied by a declaration in writing, in a form 14
approved by the Authority, of the person to be appointed as 15
manager of the premises concerned: 16
(i) signifying the person's acceptance of the appointment, and 17
(ii) certifying such matters as the form of notice may require 18
(including matters relating to the person's responsibilities 19
in relation to, and capacity to implement, practices in place 20
at the premises for ensuring the responsible sale, supply 21
and service of alcohol, and the prevention of intoxication, 22
on the premises). 23
(6) In any proceedings in which the question of whether notice was given 24
to the Authority under this section is at issue, the party alleged to have 25
given the notice bears the onus of establishing on the balance of 26
probabilities that the notice was given. 27
70 Liability of licensee for contravention by manager 28
The licensee of licensed premises is taken to have contravened any 29
provision of this Act or the regulations that the manager of the licensed 30
premises has contravened as a result of section 91 unless the licensee 31
establishes that the licensee: 32
(a) did not authorise or knowingly permit the contravention by the 33
manager, and 34
(b) maintained control over and supervision of the activities of the 35
manager of the licensed premises in an effort to prevent any such 36
contravention occurring. 37
Page 58
Liquor Bill 2007 Clause 71
Licensing procedures and related matters Part 4
71 Liability of directors etc of corporate licensees 1
(1) If a licensee that is a corporation contravenes (whether by act or 2
omission) any provision of this Act or the regulations, each person who 3
occupies a position of authority in the corporation is taken to have 4
contravened the same provision if the person knowingly authorised or 5
permitted the contravention. 6
(2) If a licensee that is a corporation is taken to have contravened (whether 7
by act or omission) any provision of this Act or the regulations by 8
reason of a contravention by the manager of the licensed premises, each 9
person who occupies a position of authority in the corporation is taken 10
to have contravened the same provision unless the person establishes 11
that the person: 12
(a) was not knowingly a party to any authorisation by the corporation 13
of the contravention by the manager, and 14
(b) took all reasonable steps (within the scope of the person's 15
authority) to ensure that the corporation maintained control over 16
and supervision of the activities of the manager of the licensed 17
premises in an effort to prevent any such contravention by the 18
manager occurring. 19
(3) A person may be proceeded against and convicted under a provision in 20
accordance with this section whether or not the corporation or manager 21
of the licensed premises has been proceeded against or convicted. 22
(4) This section does not affect any liability imposed on a corporation or the 23
manager of licensed premises for an offence committed by the 24
corporation or manager under this Act or the regulations. 25
(5) Without limiting any other law or practice regarding the admissibility 26
of evidence, evidence that an officer, employee or agent of a 27
corporation (while acting in his or her capacity as such) had, at any 28
particular time, a particular intention, is evidence that the corporation 29
had that intention at that time. 30
72 Corporate licences--interpretative provisions 31
(1) A reference in this Act to a position of authority in a corporation is a 32
reference to the position of chief executive officer, director or secretary 33
of the corporation. However for the purposes of section 71, a person 34
who is a director of a registered club is not a person who occupies a 35
position of authority in that corporation. 36
(2) For the purposes of this Act, a person who occupies a position of 37
authority in a corporation is to be regarded as interested in an 38
application for a licence made by the corporation and as interested in the 39
business of the licensed premises to which a licence held by the 40
corporation relates. 41
Page 59
Clause 72 Liquor Bill 2007
Part 4 Licensing procedures and related matters
(3) For the purposes of this Act, a person who is a shareholder in a 1
corporation is not (merely because of being a shareholder) to be 2
regarded as a person who will be interested in an application for a 3
licence made by the corporation or in the business, or the profits or 4
conduct of the business, to be carried on pursuant to the licence applied 5
for or of the licensed premises to which a licence held by the corporation 6
relates. 7
Page 60
Liquor Bill 2007 Clause 73
Regulation and control of licensed premises Part 5
Part 5 Regulation and control of licensed premises 1
Division 1 Conduct on licensed premises 2
73 Prevention of excessive consumption of alcohol on licensed premises 3
(1) A licensee must not permit: 4
(a) intoxication, or 5
(b) any indecent, violent or quarrelsome conduct, 6
on the licensed premises. 7
Maximum penalty: 100 penalty units. 8
(2) A licensee or an employee or agent of a licensee must not, on the 9
licensed premises, sell or supply liquor to an intoxicated person. 10
Maximum penalty: 100 penalty units. 11
(3) A person (other than a licensee or an employee or agent of a licensee) 12
must not, on licensed premises, supply liquor to an intoxicated person. 13
Maximum penalty: 10 penalty units. 14
(4) If an intoxicated person is on licensed premises, the licensee is taken to 15
have permitted intoxication on the licensed premises unless the licensee 16
proves: 17
(a) that the licensee, and the licensee's employees or agents, took the 18
steps set out in subsection (5) or all other reasonable steps to 19
prevent intoxication on the licensed premises, or 20
(b) that the intoxicated person did not consume alcohol on the 21
licensed premises. 22
(5) For the purposes of subsection (4) (a), the following are the relevant 23
steps: 24
(a) asked the intoxicated person to leave the premises, 25
(b) contacted, or attempted to contact, a police officer for assistance 26
in removing the person from the premises, 27
(c) refused to serve the person any alcohol after becoming aware that 28
the person was intoxicated. 29
(6) In the application of this section to an on-premises licence that relates 30
to a catering service, a reference to licensed premises does not include 31
private domestic premises except for the purposes of subsection (2). 32
Page 61
Clause 74 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
74 Sale of stolen goods and possession, use or sale of drugs on licensed 1
premises 2
(1) A licensee must not permit the licensed premises to be used for the sale 3
of: 4
(a) any goods that the licensee suspects of being stolen, or 5
(b) any substance that the licensee suspects of being a prohibited 6
plant or a prohibited drug. 7
Maximum penalty: 50 penalty units. 8
(2) A licensee must not permit the possession or use on the licensed 9
premises of any substance that the licensee suspects of being a 10
prohibited plant or a prohibited drug. 11
Maximum penalty: 50 penalty units. 12
(3) An employee or agent of a licensee or a person (other than the licensee) 13
in charge of licensed premises must not permit the licensed premises to 14
be used for the sale of: 15
(a) any goods that the employee, agent or person suspects of being 16
stolen, or 17
(b) any substance that the employee, agent or person suspects of 18
being a prohibited plant or a prohibited drug. 19
Maximum penalty: 50 penalty units. 20
(4) An employee or agent of a licensee or a person (other than the licensee) 21
in charge of licensed premises must not permit the possession or use on 22
the licensed premises of any substance that the employee, agent or 23
person suspects of being a prohibited plant or a prohibited drug. 24
Maximum penalty: 50 penalty units. 25
(5) It is a defence to a prosecution for an offence under this section if it is 26
proved that the goods concerned were not stolen or that the substance 27
concerned was not a prohibited plant or a prohibited drug. 28
75 Directions to licensees and staff of licensed premises 29
(1) The Director may give a licensee, or any employee or agent of a 30
licensee, a written direction concerning any matter relating to the 31
licensed premises (including any conduct on the licensed premises). 32
(2) The direction takes effect when the direction is given to the licensee or 33
person concerned or on a later date specified in the direction. 34
(3) A licensee, employee or agent who, without reasonable excuse, fails to 35
comply with a direction under this section is guilty of an offence. 36
Maximum penalty: 50 penalty units. 37
Page 62
Liquor Bill 2007 Clause 76
Regulation and control of licensed premises Part 5
(4) The power conferred by this section includes a power to give a direction 1
to adopt, vary, cease or refrain from any practice on or in respect of the 2
licensed premises. 3
(5) The Director may revoke or vary a direction given under this section. 4
(6) A direction under this section must not be inconsistent with this Act and 5
the authorisation conferred by the licence concerned. 6
Division 2 Exclusion of persons from licensed premises 7
76 Self-exclusion of patrons from licensed premises 8
(1) A person (the participant) may request a licensee to enter into an 9
agreement (a self-exclusion agreement) with the person under which 10
the person agrees to be prevented from entering or remaining on the 11
licensed premises specified in the agreement. 12
(2) A self-exclusion agreement is to be in the form approved by the 13
Authority. The approved form may contain specified requirements that 14
must be complied with in relation to such an agreement, including 15
specifying the circumstances in which licensees are required to comply 16
with a request to enter into an agreement. The approved form may also 17
include provision for the manner in which a self-exclusion agreement 18
may be terminated by the parties to the agreement. 19
(3) If a request is made by a person to enter into a self-exclusion agreement, 20
the licensee must enter into the agreement if the circumstances in which 21
the request is made comply with the circumstances specified in the form 22
approved by the Authority. 23
(4) A self-exclusion agreement may, if the licensee who enters into the 24
agreement is a party to a local liquor accord, also apply in relation to any 25
or all of the other licensed premises that are subject to the accord, but 26
only if those other premises are specified in the agreement. In any such 27
case, the licensee of each of the premises is taken to have entered into 28
the agreement concerned. 29
(5) Each of the parties to a self-exclusion agreement is required to comply 30
with the terms of the agreement. 31
(6) It is lawful for a responsible person for licensed premises specified in a 32
self-exclusion agreement, using no more force than is reasonable in the 33
circumstances: 34
(a) to prevent the participant from entering the licensed premises, 35
and 36
(b) to remove the participant, or cause the participant to be removed, 37
from the licensed premises. 38
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Clause 77 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
(7) No civil or criminal liability is incurred by a responsible person for 1
licensed premises to which a self-exclusion agreement relates (or, in the 2
case of club premises, by the registered club itself): 3
(a) for any act done or omitted to be done in good faith, and in 4
accordance with this section, to or in respect of the participant 5
concerned, or 6
(b) if the participant enters or remains on the licensed premises to 7
which the agreement relates. 8
(8) This section does not affect the operation of any self-exclusion scheme 9
under section 49 of the Gaming Machines Act 2001. 10
77 Non-voluntary exclusion of persons from licensed premises 11
(1) In this section: 12
authorised person means a licensee, an employee or agent of a licensee 13
or a police officer. 14
employee includes, in the case of a registered club, a person engaged 15
under a contract for services. 16
vicinity of licensed premises means any place less than 50 metres from 17
any point on the boundary of the premises. 18
(2) An authorised person may refuse to admit to, or may turn out of, 19
licensed premises any person: 20
(a) who is at the time intoxicated, violent, quarrelsome or disorderly, 21
or 22
(b) whose presence on the licensed premises renders the licensee 23
liable to a penalty under this Act, or 24
(c) who smokes, within the meaning of the Smoke-free Environment 25
Act 2000, while on any part of the licensed premises that is a 26
smoke-free area within the meaning of that Act, or 27
(d) who uses, or has in his or her possession, while on the premises 28
any substance that the authorised person suspects of being a 29
prohibited plant or a prohibited drug, or 30
(e) whom the authorised person, under the conditions of the licence 31
or according to a term (of the kind referred to in section 134) of 32
a local liquor accord, is authorised or required to refuse access to 33
the licensed premises. 34
(3) If, under subsection (2), a person has been refused admission to, or has 35
been turned out of, licensed premises, an authorised person may, at any 36
time, refuse to admit that person to the licensed premises or may turn 37
the person out of the licensed premises. 38
Page 64
Liquor Bill 2007 Clause 77
Regulation and control of licensed premises Part 5
(4) If a person in respect of whom an authorised person is, under subsection 1
(2) or (3), entitled to refuse admission to the licensed premises is on the 2
premises, the person must, on being required so to do by an authorised 3
person, leave the premises. 4
Maximum penalty: 50 penalty units. 5
(5) For the purposes of this section, such reasonable degree of force as may 6
be necessary may be used to turn a person out of licensed premises. 7
(6) A person who has been refused admission to, or turned out of, licensed 8
premises in accordance with this section because the person was 9
intoxicated, violent, quarrelsome or disorderly, must not re-enter or 10
attempt to re-enter the premises within 24 hours of being refused 11
admission or being turned out. 12
Maximum penalty: 50 penalty units. 13
(7) After the 24-hour period ends in relation to any such person, an 14
authorised person is not prevented from exercising the powers under 15
subsection (3) in relation to the person. 16
(8) A person who has been refused admission to, or turned out of, licensed 17
premises in accordance with this section because the person was 18
intoxicated, violent, quarrelsome or disorderly, must not, without 19
reasonable excuse: 20
(a) remain in the vicinity of the premises, or 21
(b) re-enter the vicinity of the premises within 6 hours of being 22
refused admission or being turned out. 23
Maximum penalty: 50 penalty units. 24
(9) Without limiting subsection (8), a person has a reasonable excuse for 25
remaining in, or re-entering, the vicinity of the licensed premises if: 26
(a) the person reasonably fears for his or her safety if he or she does 27
not remain in, or re-enter, the vicinity of the premises, or 28
(b) the person needs to remain in, or re-enter, the vicinity of the 29
premises in order to obtain transport, or 30
(c) the person resides in the vicinity of the premises. 31
(10) In the prosecution for an offence under subsection (8), the burden of 32
proving that a person had a reasonable excuse for remaining in, or 33
re-entering, the vicinity of the licensed premises concerned is on the 34
person charged. 35
(11) The functions that may be exercised under this section by an authorised 36
person who is a licensee or employee or agent of a licensee may only be 37
exercised in relation to the licensed premises to which the licensee's 38
licence relates. 39
Page 65
Clause 78 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
(12) A reference in this section to turning a person out of licensed premises 1
includes a reference to causing the person to be turned out. 2
78 Banning orders 3
(1) The Authority may, by order in writing given to a person, prohibit the 4
person from entering or remaining on the licensed premises specified in 5
the order. 6
(2) An application for an order under this section may be made by: 7
(a) the Director, or 8
(b) the Commissioner of Police, or 9
(c) a licensee who is a party to a local liquor accord, or 10
(d) any other person (or class of persons) prescribed by the 11
regulations. 12
(3) The application must be in the form approved by the Authority. 13
(4) The Authority may make such an order under this section only if the 14
Authority is satisfied that the person the subject of the proposed order 15
has repeatedly been intoxicated, violent, quarrelsome or disorderly on 16
or in the immediate vicinity of licensed premises. 17
(5) The regulations may prescribe other circumstances in which the 18
Authority is authorised to make an order under this section. 19
(6) An order under this section must specify a period (not exceeding 6 20
months) during which the order is in force. 21
(7) In deciding whether to make an order under this section, the Authority 22
is not to take into consideration the person's race or ethnic or national 23
origins. 24
(8) A person who is the subject of an order under this section must not enter 25
or attempt to enter, or remain on, the licensed premises to which the 26
order relates. 27
Maximum penalty: 50 penalty units. 28
Division 3 Disturbance complaints 29
79 Making of complaint 30
(1) A person may complain to the Director that the quiet and good order of 31
the neighbourhood of licensed premises are being unduly disturbed 32
because of: 33
(a) the manner in which the business of the licensed premises is 34
conducted, or 35
Page 66
Liquor Bill 2007 Clause 80
Regulation and control of licensed premises Part 5
(b) the behaviour of persons after they leave the licensed premises 1
(including, but not limited to, the incidence of anti-social 2
behaviour or alcohol-related violence). 3
(2) Such a complaint must be in writing and be made or verified by 4
statutory declaration. 5
(3) A complaint under this section may only be made by any of the 6
following persons (referred to in this Division as the complainant): 7
(a) a person authorised in writing by 3 or more persons residing in 8
the neighbourhood of the licensed premises or a person who is 9
such a resident and is authorised in writing by 2 or more other 10
such residents, 11
(b) the Commissioner of Police, 12
(c) a person authorised by the local consent authority in relation to 13
the licensed premises, 14
(d) a person who satisfies the Director that his or her interests, 15
financial or other, are adversely affected by the undue 16
disturbance to which the person's complaint relates. 17
(4) A complaint may relate to more than one licensed premises. 18
(5) In the application of this Division to an on-premises licence that relates 19
to a catering service: 20
(a) a reference to licensed premises does not include private 21
domestic premises, and 22
(b) a reference to the business of the licensed premises is a reference 23
to the business of providing catering services on licensed 24
premises (other than private domestic premises) under the 25
licence. 26
80 Director may convene conference 27
(1) If the Director receives a complaint under this Division, the Director 28
may convene a conference to hear submissions relating to the 29
complaint. 30
(2) A conference may relate to more than one complaint. 31
(3) A conference convened in relation to licensed premises the subject of a 32
complaint may be extended to include any other licensed premises if the 33
Director is satisfied: 34
(a) that the evidence given in support of the complaint would support 35
a complaint against the other licensed premises, or 36
(b) that, assuming that the complaint is shown to be justified, action 37
taken in relation to the licensed premises the subject of the 38
Page 67
Clause 81 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
complaint will be ineffective unless similar action is taken in 1
relation to the other licensed premises. 2
(4) Any licensed premises to which a conference is extended as referred to 3
in subsection (3) is, for the purposes of this Division, taken to be the 4
subject of a complaint under this Division. 5
(5) Notice of the time and place of the conference is to be given to all 6
complainants and the licensee or licensees as specified by the Director. 7
(6) The conference is to be presided over by the Director and the procedure 8
at the conference is to be determined by the Director. 9
81 Decision by Director in relation to complaint 10
(1) The Director may, after giving each complainant present and the 11
licensee (if present) a reasonable opportunity to be heard in relation to 12
a complaint under this Division: 13
(a) impose a condition on the licence concerned, or 14
(b) adjourn the conference subject to implementation and 15
continuation of undertakings given by the licensee, or 16
(c) issue a warning to the licensee, or 17
(d) take no action. 18
(2) The conditions that may be imposed on a licence include, but are not 19
limited to, conditions relating to any one or more of the following: 20
(a) noise abatement, 21
(b) prohibition of the sale or supply of liquor before 10 am and after 22
11 pm, 23
(c) prohibition of, or restriction on, activities (such as promotions or 24
discounting) that could encourage misuse or abuse of liquor (such 25
as binge drinking or excessive consumption), 26
(d) restricting the trading hours of, and public access to, the licensed 27
premises, 28
(e) requiring the licensee to participate in, and to comply with, a 29
local liquor accord. 30
(3) The Director is to take the following matters into consideration before 31
making a decision under subsection (2): 32
(a) the order of occupancy between the licensed premises and the 33
complainant, 34
(b) any changes in the licensed premises and the premises occupied 35
by the complainant, including structural changes to the premises, 36
Page 68
Liquor Bill 2007 Clause 82
Regulation and control of licensed premises Part 5
(c) any changes in the activities conducted on the licensed premises 1
over a period of time. 2
(4) For the purposes of subsection (3), complainant does not include a 3
complainant who is the Commissioner of Police or a person authorised 4
by the local consent authority. 5
Division 4 Closure orders 6
82 Short-term closure of licensed premises 7
(1) An authorised officer or the Authority may, by notice served on a 8
licensee or a person apparently in charge of licensed premises, order the 9
licensee to close the licensed premises from a time specified in the order 10
until a later specified time. 11
(2) An authorised officer or the Authority may only make an order under 12
this section: 13
(a) on the application of the Director or the Commissioner of Police, 14
and 15
(b) only if the authorised officer or the Authority (as the case 16
requires) is satisfied that a serious breach of this Act has 17
occurred, or is likely to occur, on the premises and that the 18
closure of the premises is necessary to prevent or reduce a 19
significant threat or risk to the public interest. 20
(3) Without limiting the generality of subsection (2), circumstances in 21
which there may be a significant threat or risk to the public interest 22
include circumstances in which there is: 23
(a) a threat to public health or safety, or 24
(b) a risk of substantial damage to property, or 25
(c) a significant threat to the environment, or 26
(d) a risk of serious offences (having a maximum penalty of not less 27
than 2 years imprisonment) being committed on the premises. 28
(4) An order may not require the closure of premises for a period longer 29
than 72 hours. 30
(5) Subject to subsection (4), an order may require the closure of premises 31
until specified conditions are met. 32
(6) A licensee must not fail to comply with an order made under this 33
section. 34
Maximum penalty: 50 penalty units or imprisonment for 6 months, or 35
both. 36
Page 69
Clause 83 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
(7) More than one order closing the same premises may not be made under 1
this section in any period of one week. 2
83 Urgent application for short-term closure order 3
(1) An application under section 82 may be made by telephone. 4
(2) An authorised officer or the Authority must not issue an order under 5
section 82 on an application made by telephone unless the officer or the 6
Authority (as the case requires) is satisfied that the order is required 7
urgently and that it is not practicable for the application to be made in 8
person. 9
(3) An application under this section must be made by facsimile if the 10
facilities to do so are readily available for that purpose. 11
(4) An authorised officer or member of the Authority who issues an order 12
under section 82 on an application made by telephone must: 13
(a) complete and sign the order, and 14
(b) furnish the order to the applicant or inform the applicant of the 15
terms of the order and of the date and time when it was signed. 16
(5) If an order under section 82 is issued on an application made by 17
telephone and the applicant is not furnished with the order, the applicant 18
must: 19
(a) complete a form of order in the terms indicated by the authorised 20
officer or member of the Authority under subsection (4), and 21
(b) write on the form the name of the authorised officer or member 22
of the Authority and the date and time when the order was signed. 23
(6) A form of order so completed is taken to be an order issued under 24
section 82. 25
(7) An order under section 82 issued on an application made by telephone 26
is to be furnished by an authorised officer or the Authority by 27
transmitting it by facsimile, if the facilities to do so are readily available, 28
and the copy produced by that transmission is taken to be the original 29
document. 30
(8) In this section: 31
(a) telephone includes radio, facsimile or other communication 32
device, and 33
(b) a reference to facsimile includes a reference to any electronic 34
communication device which transmits information in a form 35
from which written material is capable of being reproduced with 36
or without the aid of any other device or article. 37
Page 70
Liquor Bill 2007 Clause 84
Regulation and control of licensed premises Part 5
84 Order by Authority for long-term closure of licensed premises 1
(1) The Authority may, on the application of the Director or the 2
Commissioner of Police, order a licensee to close the licensed premises 3
from a time specified in the order until a later specified time. 4
(2) The Authority may not make an order under this section unless: 5
(a) the licensee or manager of the licensed premises is the subject of 6
an investigation by the Director under section 138 or an 7
investigation by the NSW Police Force, or the licensed premises 8
are the subject of a complaint under Division 3, or disciplinary 9
action under Part 9 has been (or is proposed to be) taken by the 10
Authority against the licensee or manager or a close associate of 11
the licensee, and 12
(b) the licensee has been given notice of the application for closure 13
of the licensed premises and has been given a reasonable 14
opportunity to make submissions to the Authority in relation to 15
the application, and 16
(c) the Authority is satisfied that a serious breach of this Act has 17
occurred, or is likely to occur, on the licensed premises and that 18
the closure of the premises is necessary to prevent or reduce a 19
significant threat or risk to the public interest. 20
(3) Without limiting the generality of subsection (2), circumstances in 21
which there may be a significant threat or risk to the public interest 22
include circumstances in which there is: 23
(a) a threat to public health or safety, or 24
(b) a risk of substantial damage to property, or 25
(c) a significant threat to the environment, or 26
(d) a risk of serious offences (having a maximum penalty of not less 27
than 2 years imprisonment) being committed on the premises. 28
(4) An order ceases to have effect at the time specified or when a complaint 29
concerning the licensee or manager of the premises is determined under 30
this Act, whichever is the earlier. 31
(5) An order may not require the closure of premises for a period longer 32
than the period prescribed by the regulations. 33
(6) An order may require the closure of premises until specified conditions 34
are met but must not require closure for a period longer than that 35
permitted under subsection (5). 36
(7) A licensee must comply with an order made under this section. 37
Maximum penalty: 50 penalty units or imprisonment for 6 months, or 38
both. 39
Page 71
Clause 85 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
(8) The regulations may make provision for or with respect to an 1
application for an order under this section, including the procedure to be 2
followed at or in connection with the hearing and determination of any 3
such application. 4
85 Further long-term closure orders 5
(1) The Authority may grant 2 or more orders in respect of premises under 6
section 84. 7
(2) An application for another order may be made, and determined, before 8
the end of a current order. 9
86 Breach of the peace 10
(1) The Local Court may, on application by any person, order a licensee to 11
close the licensed premises for a period of time specified in the order if 12
the Court is satisfied that there is, or is likely to be, a breach of the peace 13
in the neighbourhood of the licensed premises. 14
(2) A licensee must comply with an order made under this section. 15
Maximum penalty: 50 penalty units or imprisonment for 6 months, or 16
both. 17
Division 5 Late hour entry declarations 18
87 Director may make late hour entry declaration 19
(1) The Director may, in accordance with this Division, make a late hour 20
entry declaration. 21
(2) The purpose of such a declaration is to prevent patrons entering licensed 22
premises during late trading hours even though the premises are 23
authorised to trade during that time. 24
(3) A late hour entry declaration must be in writing and specify: 25
(a) the area or locality to which it applies, and 26
(b) the licensed premises (or class of licensed premises) to which it 27
applies, and 28
(c) the times when it applies. 29
(4) A late hour entry declaration has effect despite any other provision of 30
this Act or the conditions of a licence relating to any licensed premises 31
to which the declaration applies. 32
Page 72
Liquor Bill 2007 Clause 88
Regulation and control of licensed premises Part 5
88 Effect of late hour entry declaration 1
(1) The licensee of any licensed premises to which a late hour entry 2
declaration applies must not permit patrons to enter the licensed 3
premises during the time the declaration applies. 4
Maximum penalty: 50 penalty units. 5
(2) For the avoidance of doubt, patrons already present in licensed premises 6
at the time from which a late hour entry declaration applies to the 7
premises may: 8
(a) leave the premises at any time, or 9
(b) remain on the premises while the premises are authorised to 10
trade, 11
but are not permitted to re-enter the premises during the time the 12
declaration applies. 13
89 Provisions relating to making of late hour entry declaration 14
(1) The Director must give written notice of a proposed late hour entry 15
declaration: 16
(a) to each licensee whose licensed premises are the subject of the 17
proposed declaration, and 18
(b) to the local consent authority for those premises. 19
(2) Any such licensee or the local consent authority may, within 21 days 20
after the notice is given to the licensee or the authority (as the case 21
requires), make a written submission to the Director in relation to the 22
proposed declaration. 23
(3) The Director must, before deciding whether to make a late hour entry 24
declaration, take into consideration any submissions received by the 25
Director under subsection (2). 26
(4) The regulations may prescribe other requirements that the Director must 27
comply with before making a late hour entry declaration. 28
90 Director may vary or revoke late hour entry declaration 29
(1) The Director may, in accordance with this section, vary or revoke a late 30
hour entry declaration. 31
(2) The Director must give written notice of a proposed variation or 32
revocation of a late hour entry declaration: 33
(a) to each licensee whose licensed premises are subject to the 34
declaration, and 35
(b) to the local consent authority for those premises. 36
Page 73
Clause 91 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
(3) Any such licensee or the local consent authority may, within 21 days 1
after the notice is given to the licensee or the authority (as the case 2
requires), make a written submission to the Director in relation to the 3
proposed variation or revocation. 4
(4) The Director must, before deciding whether to vary or revoke a late hour 5
entry declaration, take into consideration any submissions received by 6
the Director under subsection (3). 7
Division 6 General provisions relating to licensed premises 8
91 Responsibilities and liabilities in relation to licensed premises 9
(1) The following persons are, subject to this Act, responsible at all times 10
for the personal supervision and management of the conduct of the 11
business of the licensed premises under the licence: 12
(a) if the licensee is an individual--the licensee, 13
(b) if the licensee is a corporation--the manager of the licensed 14
premises. 15
(2) If an element of an offence under this Act or the regulations is an act or 16
omission by a licensee, the manager of the licensed premises is, while 17
responsible under subsection (1), responsible for the offence as though 18
that person were also the licensee and is liable for the offence 19
accordingly. 20
(3) This section does not affect any liability of a licensee for a 21
contravention by the licensee of a provision of this Act or the 22
regulations. 23
92 Control of business conducted on licensed premises 24
(1) A licensee or a related corporation of the licensee must not: 25
(a) if the licensee is an individual--allow any person to have the 26
personal supervision and management of the conduct of the 27
business under the licence for a longer continuous period than 6 28
weeks except with the approval of the Authority, or 29
(b) lease or sublease the right to sell liquor on the licensed premises, 30
or 31
(c) lease or sublease any part of the licensed premises on which 32
liquor is ordinarily sold or supplied for consumption on the 33
premises or on which approved gaming machines are ordinarily 34
kept, used or operated, or 35
(d) lease or sublease any other part of the licensed premises except 36
with the approval of the Authority. 37
Maximum penalty: 50 penalty units. 38
Page 74
Liquor Bill 2007 Clause 93
Regulation and control of licensed premises Part 5
(2) The owner of licensed premises must not: 1
(a) lease or sublease any part of the premises on which liquor is 2
ordinarily sold or supplied for consumption on the premises, or 3
on which an approved gaming machine is ordinarily kept, used or 4
operated, to any person other than the licensee or a related 5
corporation of the licensee, or 6
(b) except with the approval of the Authority, lease or sublease any 7
other part of the licensed premises to any person other than the 8
licensee or a related corporation of the licensee. 9
Maximum penalty: 50 penalty units. 10
93 Cessation of trade 11
If licensed premises cease trading during any continuous period of more 12
than 6 weeks, the licensee must notify the Authority in writing that the 13
premises have ceased to trade. 14
Maximum penalty: 50 penalty units. 15
94 Boundaries of licensed premises 16
(1) The boundaries of licensed premises are to be specified by the Authority 17
when the licence is granted. 18
(2) The specified boundaries of any licensed premises may be changed by 19
the Authority on the Authority's own initiative or on the application of: 20
(a) the owner of the premises, or 21
(b) the licensee. 22
(3) Before changing the boundaries of any licensed premises (whether on 23
application or otherwise), the Authority is: 24
(a) to give the licensee, the Director and the Commissioner of Police 25
a reasonable opportunity to make submissions in relation to the 26
proposed change, and 27
(b) to take any such submissions into consideration before deciding 28
whether to make the change. 29
(4) Any change in the specified boundaries of licensed premises under this 30
section does not take effect until such fee as may be prescribed by the 31
regulations has been paid. 32
(5) The Authority must not specify or change the boundaries of any 33
licensed premises unless the Authority is of the opinion that any 34
primary purpose requirement under this Act in relation to the licensed 35
premises is or will be complied with. 36
Page 75
Clause 95 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
95 Name of licensed premises 1
(1) A licensee must cause to appear and be maintained on the front of the 2
licensed premises, in accordance with the regulations, a sign that 3
specifies: 4
(a) a name for the licensed premises (not being a name that is a 5
prohibited name for the licensed premises under this section), and 6
(b) the type of licence for the premises, and 7
(c) any other particulars prescribed by the regulations. 8
Maximum penalty: 5 penalty units. 9
(2) A licensee must not alter the name referred to in subsection (1) (a) 10
unless the Authority has, on payment of such fee as may be prescribed 11
by the regulations: 12
(a) approved in writing of the proposed new name, and 13
(b) endorsed the change of name on the licence. 14
Maximum penalty: 5 penalty units. 15
(3) The Authority may not approve an alteration of the name of licensed 16
premises if the name as proposed to be altered is a prohibited name for 17
the licensed premises under this section. 18
(4) A licensee must not cause or permit the use on any sign displayed on the 19
exterior of the licensed premises or in any advertising with respect to the 20
licensed premises of a name that is a prohibited name for the licensed 21
premises under this section. 22
Maximum penalty: 5 penalty units. 23
(5) A name is a prohibited name for licensed premises under this section if: 24
(a) it is a name or a name of a kind, or contains words or words of a 25
kind, prescribed by the regulations as prohibited, either in 26
relation to all licensed premises or in relation to the particular 27
class of licensed premises of which the licensed premises form 28
part, or 29
(b) it is a name that the Authority has notified the licensee in writing 30
is prohibited as being objectionable, inappropriate or misleading. 31
(6) A regulation for the purposes of subsection (5) may be made so as to 32
apply to licensed premises generally or so as to apply only to a specified 33
class or specified classes of licensed premises. 34
(7) A name may not be prohibited in respect of licensed premises by 35
notification under this section if the regulations provide that the name is 36
permitted for use in relation to the licensed premises concerned or in 37
relation to the particular class of licensed premises concerned. 38
Page 76
Liquor Bill 2007 Clause 96
Regulation and control of licensed premises Part 5
(8) It is a defence to a prosecution for an offence under this section if it is 1
proved that: 2
(a) the licensee had taken all reasonable precautions to avoid 3
commission of the alleged offence, and 4
(b) at the time of the alleged offence, the licensee did not know, and 5
could not reasonably be expected to have known, that the alleged 6
offence had been committed. 7
(9) This section does not apply in relation to a limited licence or an 8
on-premises licence that relates to a catering service. 9
96 Temporary premises 10
(1) If, for any reason, any licensed premises are (or are about to be) 11
rendered unfit for the carrying on of business on the premises, the 12
Authority may, on application by the licensee, authorise the licensee to 13
temporarily carry on business under the licence either on some part of 14
the licensed premises approved by the Authority or on some other 15
premises approved by the Authority. 16
(2) The licensee may carry on business on the temporary premises for a 17
period of not more than 12 months (or such longer period as may be 18
allowed by the Authority on application by the licensee before the 19
expiration of the period sought to be extended). 20
(3) An application under this section must: 21
(a) be accompanied by the fee prescribed by the regulations, and 22
(b) if required by the regulations to be advertised--be advertised in 23
accordance with the regulations. 24
97 Breath analysis equipment 25
(1) Evidence of the results of a test indicating the presence or concentration 26
of alcohol in the breath or blood of a person by means of a breath 27
analysing instrument installed on licensed premises is not admissible: 28
(a) in any civil proceedings against the licensee of the licensed 29
premises (subject to subsection (2)), or 30
(b) in any criminal proceedings. 31
(2) This section does not prevent the admission into evidence in civil 32
proceedings of the results of a test if it is established that at the time of 33
the test: 34
(a) the breath analysing instrument concerned did not comply with 35
the relevant Australian Standard (as in force at the date of the 36
manufacture of the instrument), or 37
Page 77
Clause 98 Liquor Bill 2007
Part 5 Regulation and control of licensed premises
(b) the licensee was aware or should have been aware that the 1
instrument was not operating correctly, or 2
(c) subsection (4) was being contravened in respect of the breath 3
analysing instrument concerned. 4
(3) For the purposes of this section, a breath analysing instrument is an 5
instrument that is designed to ascertain by analysis of a person's breath 6
the concentration of alcohol present in the person's breath or blood, 7
being an instrument of a type specified in AS 3547--1997: Breath 8
alcohol testing devices for personal use, published by Standards 9
Australia. That standard, as in force from time to time, is the relevant 10
Australian Standard for the purposes of this section. 11
(4) At all times that a breath analysing instrument installed on licensed 12
premises is available for use by patrons on those premises there must be 13
prominently displayed on or in close proximity to the instrument a sign 14
that complies with the requirements prescribed by the regulations. 15
(5) If subsection (4) is contravened, the licensee of the licensed premises is 16
guilty of an offence. 17
Maximum penalty: 20 penalty units. 18
98 Work carried out on licensed premises 19
A person required or authorised to carry out work on licensed premises 20
in accordance with an order or direction of a public authority and 21
persons authorised by the person may, for the purpose of doing such 22
things as are connected with preparing or tendering for, or carrying out 23
and completing, the work to which the order or authorisation relates, 24
enter and remain on the licensed premises at such times as are 25
reasonably necessary for that purpose. 26
Page 78
Liquor Bill 2007 Clause 99
Miscellaneous offences and regulatory controls Part 6
Part 6 Miscellaneous offences and regulatory 1
controls 2
Division 1 General 3
99 Responsible sale, supply, service or promotion of liquor 4
(1) The regulations may make provision for or with respect to requiring or 5
encouraging the adoption of responsible practices in the sale, supply, 6
service and promotion of liquor. 7
(2) In particular, the regulations may make provision for or with respect to 8
the following: 9
(a) restricting or prohibiting the conduct of promotions or other 10
activities (including the discounting or supply of liquor free of 11
charge) that could result in misuse or abuse of liquor, such as 12
binge drinking or excessive consumption, 13
(b) the standards to be observed on licensed premises in the sale and 14
service of liquor, for the purpose of preventing misuse or abuse 15
of liquor, 16
(c) requiring licensees, managers and other persons engaged in the 17
sale, supply, service and promotion of liquor and other activities 18
on the licensed premises to undergo courses of training that will 19
promote responsible practices in those activities, 20
(d) specifying the circumstances in which the Director may, in 21
accordance with the regulations, require promotions or 22
advertisements that involve the discounting of liquor to be 23
accompanied by messages that encourage the responsible 24
consumption of alcohol. 25
(3) Without limiting subsection (2), the regulations may adopt with or 26
without modification the standards contained in an industry code of 27
practice as standards to be observed on licensed premises in the sale, 28
supply, service and promotion of liquor. 29
100 Regulations may declare undesirable liquor products 30
(1) The regulations may declare a specified liquor product (or class of 31
liquor products) to be an undesirable liquor product. 32
(2) A licensee must not sell or supply any such liquor product that is 33
declared to be an undesirable liquor product. 34
Maximum penalty: 50 penalty units. 35
(3) The Minister may recommend the making of a regulation under this 36
section only if, in the opinion of the Minister: 37
Page 79
Clause 101 Liquor Bill 2007
Part 6 Miscellaneous offences and regulatory controls
(a) the name of the liquor product, or its design or packaging, is 1
indecent or offensive, or 2
(b) the name of the liquor product, or its design or packaging, 3
encourages irresponsible, rapid or excessive consumption of the 4
product, or 5
(c) the name of the liquor product, or its design or packaging, is 6
likely to be attractive to minors, or 7
(d) the liquor product is likely, for any reason, to be confused with 8
soft drinks or confectionery, or 9
(e) the liquor product is, for any other reason, likely to have a special 10
appeal to minors, or 11
(f) it is otherwise in the public interest to declare the liquor product 12
to be an undesirable liquor product. 13
(4) The Minister must, before recommending the making of a regulation 14
under this section, consult with relevant liquor industry representatives 15
and the manufacturer of any liquor product proposed to be prescribed 16
by the regulations (where the manufacturer is known to the Minister). 17
(5) The validity of a regulation under this section is not affected by any 18
failure to comply with subsection (3) or (4). 19
101 Director may restrict or prohibit sale or supply of undesirable liquor 20
products 21
(1) The Director may, by notice in writing given to a licensee, restrict or 22
prohibit the licensee selling or supplying a liquor product specified in 23
the notice. 24
(2) The Director may restrict or prohibit the sale or supply of any such 25
specified liquor product by notice under this section only if the Director 26
is satisfied that: 27
(a) the name of the liquor product, or its design or packaging, is 28
indecent or offensive, or 29
(b) the name of the liquor product, or its design or packaging, 30
encourages irresponsible, rapid or excessive consumption of the 31
product, or 32
(c) the name of the liquor product, or its design or packaging, is 33
likely to be attractive to minors, or 34
(d) the liquor product is likely, for any reason, to be confused with 35
soft drinks or confectionery, or 36
(e) the liquor product is, for any other reason, likely to have a special 37
appeal to minors, or 38
Page 80
Liquor Bill 2007 Clause 102
Miscellaneous offences and regulatory controls Part 6
(f) it is otherwise in the public interest to restrict or prohibit the 1
licensee selling or supplying the liquor product. 2
(3) The Director must not give a notice under this section unless the 3
Director is satisfied that: 4
(a) the liquor product is being sold on the licensed premises to which 5
the proposed notice relates, and 6
(b) the premises are situated in an area or locality in respect of which 7
there are significant concerns regarding intoxication or underage 8
or irresponsible drinking. 9
(4) The Director must not give a notice under this section to a licensee 10
unless the Director has: 11
(a) provided the licensee with a reasonable opportunity to make 12
submissions in relation to the proposed restriction or prohibition, 13
and 14
(b) taken any such submissions into consideration in deciding 15
whether to give the notice. 16
(5) The regulations may prescribe other requirements that the Director must 17
comply with in relation to a notice under this section. 18
(6) A notice under this section may, but need not, relate to a liquor product 19
that is declared to be an undesirable liquor product under section 100. 20
(7) A licensee must comply with a notice given to the licensee under this 21
section. 22
Maximum penalty: 50 penalty units. 23
102 Director may restrict or prohibit undesirable promotion of liquor 24
(1) The Director may, by notice in writing given to a licensee, restrict or 25
prohibit the licensee carrying on, or being involved in, an activity that: 26
(a) promotes the sale or supply of liquor, and 27
(b) is specified or described in the notice. 28
(2) The Director may restrict or prohibit any such activity only if the 29
Director is of the opinion that: 30
(a) the promotion is likely to have a special appeal to minors because 31
of the use of designs, names, motifs or characters in the 32
promotion that are, or are likely to be, attractive to minors or for 33
any other reason, or 34
(b) the promotion is indecent or offensive, or 35
Page 81
Clause 103 Liquor Bill 2007
Part 6 Miscellaneous offences and regulatory controls
(c) the promotion involves the provision of liquor in non-standard 1
measures or the use of emotive descriptions or advertising that 2
encourages irresponsible drinking and is likely to result in 3
intoxication, or 4
(d) the promotion involves the provision of free drinks, or extreme 5
discounts or discounts of a limited duration, that creates an 6
incentive for patrons to consume liquor more rapidly than they 7
otherwise might, or 8
(e) the promotion otherwise encourages irresponsible, rapid or 9
excessive consumption of liquor, or 10
(f) the restriction or prohibition is otherwise in the public interest. 11
(3) A licensee must comply with a notice given to the licensee under this 12
section. 13
Maximum penalty: 50 penalty units. 14
(4) The Director must not give a notice under this section unless the 15
Director has issued publicly available guidelines that indicate the kinds 16
of activities or promotions that the Director would consider being the 17
subject of a notice under this section. 18
103 Closing of certain hotel and bottle shop areas 19
(1) A hotelier must: 20
(a) at any time when the hotel is not authorised to be open for the sale 21
or supply of liquor, and 22
(b) at any time when the sale or supply of liquor is permitted only for 23
consumption in a specified part of the hotel, 24
close and keep closed to the public every bar area of the hotel, and every 25
other part of the hotel in which liquor is ordinarily sold or supplied to 26
the public, except a bar area or other part open in accordance with the 27
conditions of the licence in a part of the hotel referred to in paragraph 28
(b). 29
(2) The holder of a packaged liquor licence must, at any time when the 30
licensed premises are not authorised to be open for the sale of liquor, 31
close and keep closed to the public that part of any counter or place at 32
or in which liquor is usually sold or supplied under the licence. 33
Maximum penalty: 20 penalty units. 34
104 Person in bar area or certain other areas of hotel outside trading hours 35
(1) A person must not be in a bar area of a hotel, or any other part of the 36
hotel in which liquor is sold or supplied to the public, at a time that is: 37
Page 82
Liquor Bill 2007 Clause 105
Miscellaneous offences and regulatory controls Part 6
(a) later than 30 minutes after the commencement of any period on 1
that day when the bar area, or other part of the hotel, is not 2
authorised to be open for the sale of liquor, and 3
(b) earlier than the end of that period. 4
Maximum penalty: 5 penalty units. 5
(2) A person does not commit an offence under subsection (1) if the person 6
was at the relevant time: 7
(a) an employee of the hotelier or a resident of the hotel, or 8
(b) present in the bar area or other part of the hotel for a lawful 9
purpose. 10
(3) A police officer: 11
(a) may require a person who is in a bar area or other part of a hotel 12
in contravention of subsection (1) to state the person's name and 13
address, and 14
(b) if the officer has reasonable cause to suspect that the name or 15
address given is false--the officer may require the person to 16
produce evidence of its correctness. 17
(4) If a person refuses or fails to comply with a requirement under 18
subsection (3), the police officer may apprehend the person and, as soon 19
as practicable, bring the person before an authorised officer to be dealt 20
with according to law. 21
(5) If a person is in a bar area of a hotel or other part of a hotel in 22
contravention of subsection (1), the hotelier is guilty of an offence 23
unless: 24
(a) the person was in the area or part for a lawful purpose, or 25
(b) the hotelier took all reasonable care to prevent the person 26
entering, or remaining in, the area or part for an unlawful 27
purpose, or 28
(c) the hotelier took all reasonable care to ascertain, and believed, 29
that the purpose for which the person had entered, and remained 30
in, the hotel was a lawful purpose, or 31
(d) the person was, at the relevant time, an employee of the licensee 32
or a resident of the hotel. 33
Maximum penalty: 20 penalty units. 34
105 Carrying liquor away from licensed premises outside trading hours 35
(1) If liquor is authorised to be sold or supplied on licensed premises for 36
consumption away from the premises, a person must not carry liquor 37
Page 83
Clause 106 Liquor Bill 2007
Part 6 Miscellaneous offences and regulatory controls
away from the premises at a time when the licensee is not authorised to 1
sell or supply liquor for consumption away from the premises. 2
Maximum penalty: 5 penalty units. 3
(2) A person does not commit an offence under subsection (1) if: 4
(a) the person: 5
(i) has purchased the liquor from licensed premises at a time 6
when the liquor was authorised to be sold for consumption 7
away from the licensed premises, and 8
(ii) is carrying the liquor away from the licensed premises not 9
later than 30 minutes after the licensee last ceased to be 10
authorised to sell or supply liquor for consumption away 11
from the premises, or 12
(b) the person is: 13
(i) a licensee or an employee of a licensee, or 14
(ii) a resident of any licensed premises on which liquor may be 15
sold or supplied for consumption away from the premises, 16
and is carrying away from the licensed premises liquor that is 17
reasonably required for consumption by the licensee, employee 18
or resident on the day on which it is carried away. 19
(3) This section does not apply in relation to a minor. 20
Note. Section 118 (1) (d) makes it an offence for a minor to carry liquor away 21
from licensed premises. 22
106 Delivery of liquor from unlicensed premises 23
(1) A person must not: 24
(a) indicate or state, by way of an advertisement or any other manner, 25
that the person will, or is prepared to, accept orders from, or act 26
as agent for, another person for the purchase, supply or delivery 27
of liquor, and 28
(b) deliver liquor ordered by another person, or obtained by the 29
person as agent for another person, from premises that are not 30
licensed premises. 31
Maximum penalty: 50 penalty units or imprisonment for 6 months, or 32
both. 33
(2) A person does not commit an offence under this section if the person is 34
the subject of an order in writing by the Authority exempting the person 35
from the operation of this section. 36
Page 84
Liquor Bill 2007 Clause 107
Miscellaneous offences and regulatory controls Part 6
107 Production of licence on licensed premises 1
(1) A responsible person for licensed premises must, if requested to do so 2
by a police officer or inspector while on the licensed premises, produce 3
the licence to the officer or inspector. 4
Maximum penalty: 5 penalty units. 5
(2) A person does not commit an offence under subsection (1) if the person 6
is an employee or agent of the licensee (otherwise than in the capacity 7
as manager of the licensed premises). 8
108 Prohibition on extension of credit for gambling 9
(1) A responsible person for licensed premises must not extend, or offer to 10
extend, a cash advance or any other form of credit to another person for 11
the purpose of enabling the other person to gamble on the licensed 12
premises. 13
Maximum penalty: 50 penalty units. 14
(2) Subsection (1) does not apply to the extension of a cash advance in the 15
form of a prize or bonus provided as referred to in section 17 (1) or 20 16
(1) (b). 17
109 Misrepresentation or misdescription of credit transactions 18
(1) A responsible person for licensed premises must not, in any credit 19
transaction, describe or represent any cash advance extended to another 20
person who the responsible person knows, or could reasonably be 21
expected to know, intends to use the cash advance to gamble on the 22
licensed premises to be a payment for goods or services lawfully 23
provided on the licensed premises or elsewhere. 24
Maximum penalty: 50 penalty units. 25
(2) In subsection (1), credit transaction means any transaction involving a 26
payment to licensed premises by means of a credit facility provided by 27
a financial institution. 28
110 Falsely indicating that premises are licensed or that person is 29
authorised to sell or supply liquor 30
(1) A person must not, by means of a notice, sign or otherwise, indicate: 31
(a) that liquor is available for sale or supply on or from premises if 32
the premises are not licensed premises, or 33
(b) that premises are licensed premises under a particular kind of 34
licence if the premises are not such licensed premises, or 35
(c) that a person is authorised to sell or supply liquor if the person is 36
not so authorised. 37
Maximum penalty: 50 penalty units. 38
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Clause 111 Liquor Bill 2007
Part 6 Miscellaneous offences and regulatory controls
(2) Nothing in this section prevents a person from using the term "hotel" to 1
describe unlicensed premises on which tourist or visitor 2
accommodation is provided on a commercial basis or from using that 3
term as part of the name of any such unlicensed premises. 4
111 Carrying liquor away from premises to which on-premises licence 5
relates 6
(1) A person must not carry away any liquor from the premises to which an 7
on-premises licence relates. 8
Maximum penalty: 5 penalty units. 9
(2) A person does not commit an offence under subsection (1) if: 10
(a) the liquor was in the person's possession when the person entered 11
the premises, or 12
(b) the sale of liquor for consumption away from the licensed 13
premises is authorised under section 26 and the liquor that is 14
being carried away was purchased on the premises, or 15
(c) the liquor was, in accordance with section 25 (8), sold to the 16
person for consumption away from licensed accommodation 17
premises. 18
(3) A person does not commit an offence under subsection (1) if, in the case 19
of a licensed restaurant (including a restaurant that is part of licensed 20
accommodation premises) or a licensed public entertainment venue that 21
provides meals: 22
(a) the liquor is wine, and 23
(b) the wine was purchased in a bottle or other container at the 24
restaurant or public entertainment venue and was partly 25
consumed at the restaurant or venue, and 26
(c) the bottle or container is re-corked or otherwise resealed before 27
being carried away. 28
112 Obtaining liquor by false representation 29
A person must not obtain, or attempt to obtain, liquor on licensed 30
premises by falsely representing that the person: 31
(a) is a resident of the premises or a guest of a resident of the 32
premises, or 33
(b) is intending to eat, or has eaten, a meal on the premises, or 34
(c) is intending to purchase, or make use of, a product or service 35
provided or supplied on the premises, or 36
(d) is attending a function on the premises, or 37
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Liquor Bill 2007 Clause 113
Miscellaneous offences and regulatory controls Part 6
(e) is an employee or agent of the licensee. 1
Maximum penalty: 5 penalty units. 2
113 Carrying liquor for sale 3
(1) A person must not: 4
(a) carry liquor about for the purpose of sale, or 5
(b) offer or expose liquor for sale at or on any place other than a place 6
at or on which liquor may lawfully be sold, or 7
(c) carry liquor, for the purpose of sale, to a place other than a place 8
at or on which liquor may lawfully be sold. 9
Maximum penalty: 20 penalty units. 10
(2) If liquor is carried, offered or exposed by a person in contravention of 11
subsection (1) and is so carried, offered or exposed on behalf of another 12
person, that other person is taken to have contravened that subsection. 13
(3) It is a defence to a prosecution for a contravention of subsection (1) or 14
(2) if it is proved that the liquor was carried, offered or exposed for the 15
purpose of a sale that may lawfully be made. 16
(4) In the prosecution for an offence under this section, the burden of 17
proving that liquor that has been carried about, or carried to any place, 18
was not so carried for the purpose of sale is on the person charged. 19
114 Sale of liquor through internet or by other communication media 20
(1) A licensee who sells liquor by taking orders over the telephone or by 21
facsimile or by mail order must cause the licence number to be 22
displayed in any advertisement or information published in writing or 23
electronically in connection with such sales. 24
Maximum penalty: 20 penalty units. 25
(2) A licensee who sells liquor through an internet site must ensure that the 26
licence number is prominently displayed on the site and in any 27
advertisement or information published in writing or electronically in 28
connection with such sales. 29
Maximum penalty: 20 penalty units. 30
(3) A licensee who sells liquor by taking orders over the telephone or by 31
facsimile or by mail order, or who sells liquor through an internet site: 32
(a) must, at the time at which an agreement for sale is made, require 33
the prospective purchaser to supply the purchaser's date of birth 34
so as to confirm that the prospective purchaser is of or above the 35
age of 18 years, unless the prospective purchaser has previously 36
supplied the purchaser's date of birth to the licensee, and 37
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Clause 114 Liquor Bill 2007
Part 6 Miscellaneous offences and regulatory controls
(b) must give written instructions to the person responsible for 1
delivery of the liquor, requiring that the liquor be delivered: 2
(i) to the adult person who placed the order, or 3
(ii) to another adult person at those premises who undertakes 4
to accept it on behalf of the person who placed the order, or 5
(iii) if the delivery is made on a day after the day the order is 6
taken, or the sale made through an internet site, in 7
accordance with the customer's instructions. 8
Maximum penalty: 20 penalty units. 9
(4) If delivery of any liquor sold in a manner described in this section is 10
taken by a minor: 11
(a) the delivery is taken to constitute a supply to which section 117 12
(2) applies, and 13
(b) the licensee, and any person by whom the liquor was delivered on 14
the licensee's behalf, are each taken to have supplied the liquor 15
contrary to section 117 (2). 16
(5) A licensee who, in accordance with subsection (4), is prosecuted for an 17
offence under section 117 (2) has a defence under this subsection if it is 18
proved that the licensee: 19
(a) complied with the requirements of subsection (3) in relation to 20
the supply concerned, and 21
(b) at the time of the alleged offence did not know, and could not 22
reasonably be expected to have known, that the alleged offence 23
was committed. 24
(6) A person (not being a licensee) who, in accordance with subsection (4), 25
is prosecuted for an offence under section 117 (2) has a defence under 26
this subsection if it is proved that: 27
(a) the person to whom the liquor was delivered was of or above the 28
age of 14 years and, before the liquor was delivered, there was 29
produced to the defendant an evidence of age document that may 30
reasonably be accepted as applying to the person and as proving 31
that the person was of or above the age of 18 years, and 32
(b) at the time of the alleged offence the defendant did not know, and 33
could not reasonably be expected to have known, that the alleged 34
offence was committed. 35
(7) A minor must not take delivery of any liquor sold in a manner described 36
in this section unless the minor was ordered or requested by his or her 37
parent or guardian to take delivery of the liquor. 38
Maximum penalty: 20 penalty units. 39
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Liquor Bill 2007 Clause 115
Miscellaneous offences and regulatory controls Part 6
(8) A person must not order or request a minor to take delivery of liquor 1
sold in a manner described in this section. 2
Maximum penalty: 30 penalty units. 3
(9) This section does not apply to or in respect of the sale of liquor to 4
persons authorised to sell liquor. 5
Division 2 Restricted alcohol areas 6
115 Declaration of restricted alcohol area 7
(1) The regulations may: 8
(a) declare any area of the State that is specified in the regulations to 9
be a restricted alcohol area for the purposes of this Act, and 10
(b) restrict the sale, supply, possession or consumption of liquor on 11
any premises (whether or not licensed premises) in any such 12
restricted alcohol area. 13
(2) Without limiting the restrictions that may be imposed, the regulations 14
may restrict: 15
(a) the trading hours for licensed premises in a restricted alcohol 16
area, and 17
(b) the kinds of liquor that may be sold or supplied, and the way in 18
which liquor is sold or supplied, on licensed premises in a 19
restricted alcohol area. 20
(3) A restricted alcohol area may be declared in respect of an area that is an 21
alcohol-free zone established under the Local Government Act 1993. In 22
that case, a person cannot, in respect of the same act or omission, be 23
convicted of an offence under that Act and an offence created by the 24
regulations for the purposes of this Division. 25
(4) A regulation made under this Division has effect despite any other 26
provision of this Act. 27
(5) For the removal of any doubt, an offence under any other provision of 28
this Act (including Part 2) is not prevented from applying in a restricted 29
alcohol area merely because the regulations create offences for the 30
purposes of this Division. 31
116 Provisions relating to making of regulations declaring restricted alcohol 32
areas 33
(1) The Minister may recommend the making of a regulation to declare a 34
specified area of the State to be a restricted alcohol area only if the 35
Minister is satisfied, after consultation with: 36
(a) the Commissioner of Police, and 37
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Clause 116 Liquor Bill 2007
Part 6 Miscellaneous offences and regulatory controls
(b) the council of each local government area in which the proposed 1
restricted alcohol area would be located, and 2
(c) such persons or organisations (or class of persons or 3
organisations) as may be prescribed by the regulations for the 4
purposes of this section, and 5
(d) such other persons as the Minister considers appropriate to 6
consult (including representatives of the community that is likely 7
to be affected by the declaration), 8
that the proposed regulation is in the public interest and has the support 9
of the majority of the community that is likely to be affected by the 10
declaration. 11
(2) The Minister may make such a recommendation: 12
(a) on the Minister's own initiative, or 13
(b) on the recommendation of the Authority, or 14
(c) in response to a request by a group of persons seeking to have an 15
area declared as a restricted alcohol area and who, in the 16
Minister's opinion, represent the interests of the community in 17
that area. 18
(3) A regulation made under this Division declaring an area of the State to 19
be a restricted alcohol area must specify a period (not exceeding 3 20
years) during which the declaration is to have effect. The declaration 21
ceases to have effect at the end of that specified period. 22
(4) The regulations may prescribe other requirements that must be 23
complied with before an area may be declared to be a restricted alcohol 24
area. 25
Page 90
Liquor Bill 2007 Clause 117
Special provisions relating to minors Part 7
Part 7 Special provisions relating to minors 1
Division 1 Underage drinking 2
117 Offences relating to sale or supply of liquor to minors 3
(1) Selling liquor to minors 4
A person must not sell liquor to a minor. 5
Maximum penalty: 100 penalty units or 12 months imprisonment (or 6
both). 7
(2) Supplying liquor to minors on licensed premises 8
A person must not supply liquor to a minor on licensed premises. 9
Maximum penalty: 100 penalty units or 12 months imprisonment (or 10
both). 11
(3) It is a defence to a prosecution for an offence under subsection (1) or (2) 12
if it is proved that: 13
(a) the person to whom the liquor was sold or supplied was of or 14
above the age of 14 years, and 15
(b) before the liquor was sold or supplied to the person the defendant 16
was provided with an evidence of age document that may 17
reasonably be accepted as applying to the person and as proving 18
that the person was of or above the age of 18 years. 19
(4) Supplying liquor to minors on other premises 20
A person must not supply liquor to a minor on any premises other than 21
licensed premises unless the person is a parent or guardian of the minor. 22
Maximum penalty: 100 penalty units or 12 months imprisonment (or 23
both). 24
(5) It is a defence to a prosecution for an offence under subsection (4) if it 25
is proved that the defendant was authorised to supply liquor to the minor 26
by the parent or guardian of the minor. 27
(6) Obtaining liquor for minors from licensed premises 28
A person must not obtain liquor from licensed premises on behalf of a 29
minor unless the person is the parent or guardian of the minor. 30
Maximum penalty: 100 penalty units or 12 months imprisonment (or 31
both). 32
(7) It is a defence to a prosecution for an offence under subsection (6) if it 33
is proved that the defendant was authorised to obtain liquor on behalf of 34
the minor by the parent or guardian of the minor. 35
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Clause 118 Liquor Bill 2007
Part 7 Special provisions relating to minors
(8) Allowing liquor to be sold or supplied to minors on licensed premises 1
A licensee must not, on licensed premises, allow liquor to be sold or 2
supplied to a minor. 3
Maximum penalty: 100 penalty units or 12 months imprisonment (or 4
both). 5
(9) It is a defence to a prosecution for an offence under subsection (8) if it 6
is proved that the liquor was supplied to the minor by the parent or 7
guardian of the minor. 8
(10) Burden of proof 9
In the prosecution for an offence under this section, the burden of 10
proving that a person was a parent or guardian of a minor, or was 11
authorised by a parent or guardian of a minor, is on the person charged. 12
(11) In the application of this section to an on-premises licence that relates 13
to a catering service, a reference to licensed premises does not include 14
any private domestic premises. 15
(12) For the purposes of this section, supply of liquor includes serving liquor 16
to a person. 17
118 Offences relating to consumption etc of liquor by minor 18
(1) Minor not to obtain, consume or carry away liquor 19
A minor must not: 20
(a) consume liquor on licensed premises, or 21
(b) consume liquor on the premises of an unlicensed restaurant 22
unless the minor consumes the liquor in the company of, and with 23
the permission of, his or her parent or guardian, or 24
(c) obtain, or attempt to obtain, liquor for consumption on licensed 25
premises, or 26
(d) carry liquor away, or attempt to carry liquor away, from licensed 27
premises unless the minor was ordered or requested by another 28
person to carry the liquor away from the licensed premises. 29
Maximum penalty: 20 penalty units. 30
(2) Person not to send, order or request minor to obtain liquor 31
A person must not: 32
(a) send a minor to licensed premises, or 33
(b) order or request a minor to go to licensed premises, 34
for the purpose of obtaining liquor. 35
Maximum penalty: 30 penalty units. 36
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Liquor Bill 2007 Clause 119
Special provisions relating to minors Part 7
(3) In the application of this section to an on-premises licence that relates 1
to a catering service, a reference to licensed premises does not include 2
any private domestic premises. 3
119 Licensee not to allow minors to sell or supply liquor on licensed 4
premises 5
A licensee must not cause or allow a minor to sell, supply or serve liquor 6
on the licensed premises except with the approval of the Authority. 7
Maximum penalty: 50 penalty units. 8
120 Responsible adult not to allow minor to consume liquor on licensed 9
premises 10
(1) If, under this Act, a minor is required to be accompanied by a 11
responsible adult while in a hotel or on club premises, the responsible 12
adult who is accompanying the minor must not allow the minor to 13
consume liquor on the licensed premises. 14
Maximum penalty: 30 penalty units. 15
(2) In the prosecution for an offence under this section, the defendant has 16
the burden of proving that he or she was not the responsible adult in 17
relation to the minor at the relevant time. 18
Division 2 Minors on licensed premises 19
121 Minors in hotels in company of responsible adult 20
(1) The Authority may, on the application by a hotelier, grant an 21
authorisation (a minors area authorisation) to enable the use by a 22
minor of a specified part of the hotel while in the company of a 23
responsible adult. 24
Note. Section 51 applies to a minors area authorisation. 25
(2) The specified part of the hotel to which a minors area authorisation 26
applies may, if the authorisation so provides, comprise the whole of the 27
hotel. 28
122 Functions for minors in hotels and public entertainment venues 29
(1) In this section: 30
licensed premises means a hotel or a licensed public entertainment 31
venue. 32
(2) The Authority may, on application by the licensee concerned, grant an 33
authorisation (a minors functions authorisation) to enable minors to 34
attend a function or functions in a specified part of licensed premises. 35
Note. Section 51 applies to a minors functions authorisation. 36
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Clause 123 Liquor Bill 2007
Part 7 Special provisions relating to minors
(3) A minors functions authorisation is to designate function areas (that is, 1
each part of the licensed premises on which the functions concerned are 2
permitted to be held) and access areas (that is, each part of the licensed 3
premises through or by means of which persons attending those 4
functions are to be permitted to obtain entry to or to depart from a 5
function area). 6
(4) Without limiting section 51, a minors functions authorisation is subject 7
to the following conditions: 8
(a) at least 7 days notice must be given to the local police before any 9
function is held, 10
(b) the notice must specify the name and nature of the function, the 11
number of minors attending, the number of adult supervisors, 12
details of the security arrangements and such other particulars as 13
may be prescribed by the regulations, 14
(c) the licensee and person conducting the function must comply 15
with any directions given by the local police or the Authority with 16
respect to the conduct of functions for minors, 17
(d) liquor must not be sold, supplied, disposed of or consumed in the 18
area in which a function is held, 19
(e) gaming machines and tobacco vending machines must not be 20
located in the area in which a function is held and any area of the 21
licensed premises in which gaming machines or tobacco vending 22
machines are located must not be accessible to any minor 23
attending the function, 24
(f) such other conditions as may be prescribed by the regulations. 25
(5) A licensee is guilty of an offence if any conditions of a minors functions 26
authorisation held by the licensee are contravened. 27
Maximum penalty: 20 penalty units. 28
(6) Nothing in this section prevents a minors functions authorisation from 29
applying to the whole of the licensed premises concerned. 30
(7) For the purposes of this section, function includes, but is not limited to, 31
a function as defined in section 4 (1). 32
123 Minor not to enter or remain in certain licensed premises 33
(1) A minor must not: 34
(a) enter or remain in the bar area of a hotel or club premises, or 35
(b) enter or remain in a part of a hotel to which a minors area 36
authorisation relates unless the minor is in the company of a 37
responsible adult, or 38
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Liquor Bill 2007 Clause 123
Special provisions relating to minors Part 7
(c) enter or remain in a licensed public entertainment venue unless: 1
(i) the minor is in the company of a responsible adult, or 2
(ii) a function is being held in the venue in accordance with a 3
minors functions authorisation. 4
Maximum penalty: 20 penalty units. 5
(2) A minor does not commit an offence under subsection (1) if: 6
(a) the minor is an apprentice or trainee (within the meaning of the 7
Apprenticeship and Traineeship Act 2001) and has entered, or is 8
on, the licensed premises concerned for the purpose only of 9
receiving trade training (not being training in the sale, supply or 10
service of liquor) as such an apprentice or trainee, or 11
(b) the minor has entered, or is on, the licensed premises concerned 12
for the purpose only of receiving training and instruction in 13
respect of the servicing, repair or maintenance of gaming 14
machines under the supervision of the holder of a technician's 15
licence within the meaning of the Gaming Machines Act 2001. 16
(3) A minor does not commit an offence under subsection (1) (a) if the 17
minor: 18
(a) is present in the bar area only for so long as is reasonably 19
necessary to pass through the area in order to conveniently gain 20
access to another area of the hotel or club premises that the minor 21
may enter without contravening this Act, or 22
(b) is performing in a show or other live entertainment performance 23
held in the bar area, 24
and is in the company of a responsible adult while in the bar area. 25
(4) A minor does not commit an offence under subsection (1) (a) in relation 26
to being in the bar area of club premises if: 27
(a) a reception is being held in the bar area in association with the 28
wedding of a member of the club or of a person who is a child or 29
parent of a member of the club or for whose maintenance a 30
member of the club is or has been responsible, and 31
(b) the minor has been invited to the reception by a person entitled to 32
issue the invitation. 33
(5) It is a defence to a prosecution for an offence under subsection (1) (a) 34
or (c) if it is proved that the defendant believed on reasonable grounds 35
that a minors functions authorisation was in force at the relevant time to 36
enable minors to attend a function in a bar area of the hotel or in the 37
public entertainment venue. 38
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Clause 124 Liquor Bill 2007
Part 7 Special provisions relating to minors
(6) In the prosecution for an offence under this section, the defendant has 1
the burden of proving that a particular person was the responsible adult 2
in relation to the defendant at the relevant time. 3
124 Licensee not to allow minors to enter or remain in certain licensed 4
premises 5
(1) If a minor: 6
(a) enters a bar area of a hotel or club premises, or 7
(b) enters a part of a hotel to which a minors area authorisation is in 8
force, but is not in the company of a responsible adult, or 9
(c) enters a licensed public entertainment venue, but is not in the 10
company of a responsible adult, 11
the licensee is guilty of an offence. 12
Maximum penalty: 50 penalty units. 13
(2) If a minor: 14
(a) is in a bar area of a hotel or club premises, or 15
(b) is in a part of a hotel to which a minors area authorisation is in 16
force, but is not in the company of a responsible adult, or 17
(c) is in a licensed public entertainment venue, but is not in the 18
company of a responsible adult, 19
the licensee is guilty of an offence unless the minor is immediately 20
removed from the area or premises concerned. 21
Maximum penalty: 50 penalty units. 22
(3) A licensee does not commit an offence under this section if the minor: 23
(a) is at least 14 years of age and produces to the licensee (or an 24
employee or agent of the licensee) an evidence of age document 25
that may reasonably be accepted as applying to the minor and as 26
proving that the minor is of or above the age of 18 years, or 27
(b) is an apprentice or trainee (within the meaning of the 28
Apprenticeship and Traineeship Act 2001) who has entered, or is 29
on, the licensed premises concerned for the purpose only of 30
receiving trade training (not being training in the sale, supply or 31
service of liquor) as such an apprentice or trainee, or 32
(c) has entered, or is on, the licensed premises concerned for such 33
purposes, or in such circumstances, as may be approved by the 34
Authority and are specified in the licence concerned. 35
(4) A licensee does not commit an offence under this section in relation to 36
a minor entering, or being or remaining in, a bar area of a hotel or club 37
premises if the minor: 38
Page 96
Liquor Bill 2007 Clause 125
Special provisions relating to minors Part 7
(a) is present in the bar area only for so long as is reasonably 1
necessary to pass through the area in order to conveniently gain 2
access to another area of the hotel or club premises that the minor 3
may enter without contravening this Act, and 4
(b) is in the company of a responsible adult while in the bar area. 5
(5) A licensee does not commit an offence under this section in relation to 6
a minor being in the bar area of club premises if: 7
(a) a reception is being held in that area in association with the 8
wedding of a member of the club or of a person who is a child or 9
parent of a member of the club or for whose maintenance a 10
member of the club is or has been responsible, and 11
(b) the minor has been invited to the reception by a person entitled to 12
issue the invitation. 13
(6) A licensee does not commit an offence under this section in relation to 14
a minor being in a licensed public entertainment venue if a function is 15
being held in the venue in accordance with a minors functions 16
authorisation. 17
(7) In the prosecution for an offence under this section, the defendant has 18
the burden of proving that a particular person was the responsible adult 19
in relation to a minor at the relevant time. 20
125 Responsible adult not to leave minor unaccompanied on licensed 21
premises 22
(1) If, under this Act, a minor is required to be accompanied by a 23
responsible adult while in a hotel or licensed public entertainment 24
venue, the responsible adult who is accompanying the minor must not 25
leave the minor unaccompanied on the licensed premises without first 26
informing the licensee or an employee or agent of the licensee. 27
Maximum penalty: 30 penalty units. 28
(2) In the prosecution for an offence under this section, the defendant has 29
the burden of proving that he or she was not the responsible adult in 30
relation to a minor at the relevant time. 31
126 Minors must be refused entry to licensed premises 32
If: 33
(a) a responsible person for a hotel, club premises or licensed public 34
entertainment venue is aware that a person (the relevant person) 35
who may reasonably be suspected of being under the age of 18 36
years is attempting to enter the licensed premises, and 37
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Clause 127 Liquor Bill 2007
Part 7 Special provisions relating to minors
(b) the presence of the relevant person on the licensed premises 1
would, if the relevant person were under the age of 18 years, be 2
an offence under this Act, 3
the responsible person must refuse the relevant person entry to the 4
premises unless there is produced to the responsible person an evidence 5
of age document that may reasonably be accepted as applying to the 6
relevant person and as proving that the relevant person is of or above the 7
age of 18 years. 8
Maximum penalty: 50 penalty units. 9
127 Notices to be displayed in relation to minors on licensed premises 10
(1) The regulations may make provision for or with respect to the display, 11
on licensed premises or on an internet site through which a licensee 12
offers liquor for sale, of notices in relation to minors. 13
(2) Without limiting subsection (1), any such notices may relate to any of 14
the following: 15
(a) the exclusion of minors from licensed premises or any part of 16
licensed premises, 17
(b) the presence of minors on licensed premises or any part of 18
licensed premises while in the company of a responsible adult, 19
(c) the sale of liquor to minors. 20
(3) The regulations under this section may create offences punishable by a 21
penalty not exceeding 50 penalty units. 22
Division 3 Other provisions relating to minors 23
128 Minor required to provide information 24
(1) An authorised person may require a person (the relevant person) who 25
is reasonably suspected of being a minor and who, if a minor, would be 26
committing an offence under this Act: 27
(a) to state the relevant person's full name, residential address and 28
date of birth, and 29
(b) to produce then, or at a police station within a reasonable time, an 30
evidence of age document for the person. 31
(2) A person who is the subject of a requirement under subsection (1) must 32
not: 33
(a) refuse or fail to state his or her full name, residential address and 34
date of birth, or 35
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Liquor Bill 2007 Clause 129
Special provisions relating to minors Part 7
(b) without reasonable excuse, refuse or fail to produce an evidence 1
of age document that may reasonably be accepted as applying to 2
the person. 3
Maximum penalty: 20 penalty units. 4
(3) In this section: 5
authorised person means a licensee, an employee or agent of a licensee, 6
a police officer or an inspector. 7
129 Minor must not use false evidence of age 8
A minor who uses any document purporting to be an evidence of age 9
document in order to gain entry to, remain in, or obtain liquor from, 10
licensed premises, is guilty of an offence if the document is false in a 11
material particular in relation to the minor. 12
Maximum penalty: 20 penalty units. 13
130 Minors not to be detained 14
A minor may not be imprisoned, or detained in a detention centre, as a 15
consequence of a failure to pay: 16
(a) a penalty for an offence under this Act or the regulations, or 17
(b) an amount ordered to be paid under Division 4 of Part 3 of the 18
Fines Act 1996 in respect of a penalty notice issued under this 19
Act. 20
Page 99
Clause 131 Liquor Bill 2007
Part 8 Local liquor accords
Part 8 Local liquor accords 1
131 Definitions 2
In this Part: 3
accord area means the area to which a local liquor accord applies (being 4
the area determined or varied by the Commissioner of Police and the 5
Director in accordance with this Part). 6
local liquor accord means any code of practice, memorandum of 7
understanding or other arrangement that: 8
(a) affects the supply of liquor, the opening and closing of licensed 9
premises or other aspects of the management of or conduct of 10
business on licensed premises, and 11
(b) is entered into, in accordance with this Part, for the purpose of 12
eliminating or reducing alcohol-related violence or anti-social 13
behaviour or other alcohol-related harm. 14
132 Eligible parties to local liquor accord 15
Each of the following bodies or persons may be a party to a local liquor 16
accord and is, for the purposes of this Part, an eligible party: 17
(a) a licensee, 18
(b) the Director, 19
(c) the NSW Police Force (to be represented by a police officer 20
nominated by the Commissioner of Police), 21
(d) a local council, 22
(e) any body or organisation (such as a Chamber of Commerce) 23
representing commercial or business interests in the relevant 24
local area, 25
(f) a community or residents' group with an interest in 26
alcohol-related harm or the amenity of the relevant local area, 27
(g) any other person or body (or person or body belonging to a class 28
of persons or bodies) prescribed by the regulations. 29
133 Establishing local liquor accord 30
(1) Any 2 or more eligible parties (at least one of whom is a licensee) may 31
prepare a draft local liquor accord in writing and submit it to the 32
Commissioner of Police and the Director for approval. 33
(2) The draft local liquor accord must include: 34
(a) the names of the parties to the accord, and 35
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Liquor Bill 2007 Clause 134
Local liquor accords Part 8
(b) the name and address of the coordinator of the accord (being a 1
party to the accord or the representative of a party), and 2
(c) the proposed area to which the accord is to apply, and 3
(d) any other matter that may be prescribed by the regulations. 4
(3) The Commissioner of Police and the Director are to endeavour to ensure 5
that local liquor accords are prepared for, and apply to, all areas of the 6
State. 7
134 Terms of local liquor accords 8
(1) Without limiting the terms that may be included in a local liquor accord, 9
an accord may make provision for or with respect to any one or more of 10
the following: 11
(a) authorising or requiring any licensee who is a party to the accord: 12
(i) to cease to serve liquor (including take-away liquor) on the 13
licensed premises, or 14
(ii) to restrict the public's access to the licensed premises in a 15
manner and to the extent provided by the accord, 16
or both, from a time of day that is earlier than the time at which, 17
as required by the relevant licence, trading must cease, 18
(b) authorising or requiring any licensee who is a party to the accord: 19
(i) to restrict the use of glass containers, or 20
(ii) to maintain an incident register, or 21
(iii) to install and operate closed-circuit television or any other 22
security device, or 23
(iv) to provide security staff, or 24
(v) to do any other thing that may be prescribed by the 25
regulations in order to minimise alcohol-related harm. 26
(2) Entry by any person into a local liquor accord, and any conduct on the 27
part of any person for the purpose of promoting or giving effect to the 28
terms of a local liquor accord, are specifically authorised by this Act for 29
the purposes of the Trade Practices Act 1974 of the Commonwealth and 30
the Competition Code of New South Wales. 31
(3) Conduct authorised by subsection (2) is authorised only to the extent (if 32
any) to which the conduct, so far as it consists of things done to regulate 33
the supply of liquor or in some other respect, would otherwise 34
contravene Part IV of the Trade Practices Act 1974 of the 35
Commonwealth or the Competition Code of New South Wales. 36
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Clause 135 Liquor Bill 2007
Part 8 Local liquor accords
135 Approval, variation and termination of local liquor accord 1
(1) A local liquor accord takes effect when it is approved by the 2
Commissioner of Police and the Director. 3
(2) In approving a local liquor accord, the Commissioner of Police and the 4
Director are to determine the area to which the accord is to apply. 5
(3) In determining the accord area, the Commissioner of Police and the 6
Director are to take into account the area proposed by the parties in the 7
draft accord and any other relevant matters. 8
(4) The Commissioner of Police and the Director may vary an accord area 9
at any time by notice in writing to the coordinator of the accord (whether 10
of their own initiative or on the application of the parties to the accord). 11
(5) The coordinator of a local liquor accord is to notify the Commissioner 12
of Police or the Director if the parties to the accord wish to terminate the 13
accord. 14
136 Requirement to contribute to costs of implementing local liquor accord 15
(1) The Director may give a direction to any licensee in an accord area 16
(including any licensee in the area who is not a party to the local liquor 17
accord concerned) to contribute to the costs of promoting or giving 18
effect to the accord. 19
(2) The licensee is required to comply with any such direction. 20
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Liquor Bill 2007 Clause 137
Disciplinary action Part 9
Part 9 Disciplinary action 1
137 Interpretation 2
(1) In this Part, a reference: 3
(a) to a licensee includes a reference to a former licensee and, in the 4
case of a limited licence, includes a reference to the 5
non-proprietary association on whose behalf the licence is held, 6
and 7
(b) to a manager includes a reference to a former manager, and 8
(c) to a conviction for an offence under this Act or the regulations 9
does not include a reference to a conviction for an offence 10
prescribed by the regulations for the purposes of this section. 11
(2) Without limiting the grounds on which disciplinary action may be taken 12
under this Part, the grounds for taking any such action may relate to 13
conduct occurring before the commencement of this Part. 14
(3) For the purposes of this Part, a person is interested in the business, or in 15
the conduct or profits of the business, carried on under a licence if the 16
person: 17
(a) is named in the written statement referred to in section 41 that 18
accompanied the application for the licence, or 19
(b) is a person referred to in section 55 who has become interested in 20
the business, or the conduct of the business, carried out on the 21
licensed premises concerned, or 22
(c) in the case of a licence held by a corporation--is an individual 23
who occupies a position of authority in the corporation that holds 24
the licence, or 25
(d) in the case where the person referred to in paragraph (a) or (b) is 26
a proprietary company: 27
(i) is a director of, or shareholder in, the proprietary company, 28
or 29
(ii) is a director of, or shareholder in, a corporation that, within 30
the meaning of the Corporations Act 2001 of the 31
Commonwealth, is a related body corporate of the 32
proprietary company. 33
138 Director may carry out inquiries and investigations in relation to 34
proposed complaint 35
(1) The Director may carry out such investigations and inquiries as the 36
Director considers necessary in order to ascertain whether a complaint 37
should be made under this Part in relation to: 38
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Clause 139 Liquor Bill 2007
Part 9 Disciplinary action
(a) a licensee, or 1
(b) a manager, or 2
(c) a close associate of a licensee. 3
(2) The Commissioner of Police may inquire into, and report to the Director 4
on, such matters as the Director may request concerning the licensee, 5
manager or close associate to whom the complaint, if made, would 6
relate. 7
(3) The Director may, by notice in writing, require a licensee, manager or 8
close associate who is the subject of an investigation under this section 9
to do one or more of the following things: 10
(a) provide, in accordance with directions in the notice, such 11
information verified by statutory declaration as, in the opinion of 12
the Director, is relevant to the investigation and is specified in the 13
notice, 14
(b) produce, in accordance with directions in the notice, such records 15
as, in the opinion of the Director, are relevant to the investigation 16
and permit examination of the records, the taking of extracts from 17
them and the making of copies of them, 18
(c) authorise a person described in the notice to comply with a 19
requirement of the kind referred to in paragraph (a) or (b), 20
(d) furnish to the Director such authorisations and consents as the 21
Director requires for the purpose of enabling the Director to 22
obtain information (including financial and other confidential 23
information) from other persons concerning the person under 24
investigation and the person's associates. 25
(4) A person who complies with a requirement of a notice under subsection 26
(3) does not on that account incur a liability to another person. 27
(5) A person must not fail to comply with a requirement of the Director 28
contained in a notice under subsection (3). 29
Maximum penalty: 20 penalty units. 30
139 Grounds for making complaint 31
(1) A complaint in relation to a licensee, manager or close associate of a 32
licensee may be made to the Authority by any of the following persons 33
(referred to in this Part as the complainant): 34
(a) the Director, 35
(b) the Commissioner of Police, 36
(c) a person authorised by the regulations to make a complaint under 37
this Part. 38
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Liquor Bill 2007 Clause 139
Disciplinary action Part 9
(2) A complaint must be in writing and specify the grounds on which it is 1
made. 2
(3) The grounds on which a complaint in relation to a licensee, manager or 3
close associate may be made are as follows: 4
(a) that the licensee or manager has, while holding a licence or 5
managing licensed premises, been convicted of an offence under 6
this Act or the regulations (or under the former Act) or of an 7
offence prescribed by the regulations, 8
(b) that the licensee or manager has failed to comply with any of the 9
conditions to which the licence is subject, 10
(c) that the licensee has failed to comply with any of the conditions 11
to which any authorisation or approval held by the licensee under 12
this Act is subject, 13
(d) that the licensee or manager has failed to comply with any other 14
requirement under this Act or the regulations (or under the former 15
Act), relating to the licence or the licensed premises, 16
(e) that the licensee or manager has failed to comply with a direction 17
or other requirement of the Authority, the Director or the 18
Commissioner of Police under this Act (or of the Director or the 19
Commissioner under the former Act), 20
(f) that the licensee or manager has engaged in conduct or activities 21
that are likely to encourage misuse or abuse of liquor (such as 22
binge drinking or excessive consumption), 23
(g) that intoxicated persons have frequently been on the licensed 24
premises or have frequently been seen to leave those premises, 25
(h) that acts involving violence against persons or damage to 26
property have frequently been committed on or near the licensed 27
premises by persons who have been on the licensed premises, 28
(i) that the licensee is not a fit and proper person to be the holder of 29
a licence or the manager is not a fit and proper person to be the 30
manager of the licensed premises, 31
(j) that the close associate is not a fit and proper person to be a close 32
associate of a licensee, 33
(k) that a complaint against a licensee under this section has been 34
made and that: 35
(i) the close associate knew or ought reasonably to have 36
known that the licensee was engaging (or was likely to 37
engage) in conduct of the kind to which the complaint 38
relates, and 39
(ii) the close associate failed to take all reasonable steps to 40
prevent the licensee from engaging in conduct of that kind, 41
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Clause 140 Liquor Bill 2007
Part 9 Disciplinary action
(l) that the close associate is (or has become) a close associate of a 1
licensee while disqualified by the Authority from being a close 2
associate, 3
(m) that a person who is interested in the business, or in the conduct 4
or profits of the business, carried on under the licence is not a fit 5
and proper person to be so interested, 6
(n) that a person is (or has become) a person who is interested in the 7
business, or in the conduct or profits of the business, carried on 8
under a licence while disqualified by the Authority under this 9
Part from being a person so interested, 10
(o) in the case of a limited licence--that the licensee has not 11
exercised proper control and supervision over a function held 12
under the licence, 13
(p) in the case of a limited licence--it is not in the public interest for 14
liquor to be sold or supplied at functions held by or under the 15
auspices of the non-proprietary association on whose behalf the 16
licence is held, 17
(q) in the case of a licence held by a corporation--that a person who 18
occupies a position of authority in the corporation is not a fit and 19
proper person to occupy such a position in a corporation that is 20
the holder of a licence, 21
(r) that public entertainment has been conducted on the licensed 22
premises otherwise than in accordance with any requirements 23
under the Environmental Planning and Assessment Act 1979 24
relating to the use of the premises for public entertainment, 25
(s) that the licence has not been exercised in the public interest, 26
(t) that the continuation of the licence is not in the public interest. 27
(4) In subsection (3), former Act means the Liquor Act 1982 or the 28
regulations made under that Act and includes, in the case of a licensee 29
that is a registered club, the Registered Clubs Act 1976 as in force 30
immediately before the repeal of section 9 of that Act by Schedule 2 to 31
the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 32
2007. 33
140 Procedure for taking disciplinary action 34
(1) If a complaint in relation to a licensee, manager or close associate is 35
made under this Part, the Authority must, before taking any disciplinary 36
action against the licensee, manager or close associate, notify the 37
licensee, manager or close associate in writing of the grounds on which 38
the Authority is proposing to take disciplinary action. 39
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Liquor Bill 2007 Clause 141
Disciplinary action Part 9
(2) Any such notice is to invite the licensee, manager or close associate to 1
show cause, by way of a written submission, as to why the Authority 2
should not take disciplinary action against the licensee, manager or 3
close associate. 4
(3) The Authority must also, before taking disciplinary action against a 5
licensee, invite written submissions from the following persons: 6
(a) if the licensee occupies the licensed premises under a lease--the 7
lessor, 8
(b) each person named in the written statement referred to in section 9
41 that accompanied the application for the licence, 10
(c) each person named in the information provided to the Authority 11
(as required by section 55) who has become interested in the 12
business, or the conduct of the business, carried out on the 13
licensed premises concerned, 14
(d) if the grounds for taking the proposed disciplinary action relate to 15
a person (other than the licensee) not being a fit and proper 16
person--that person. 17
(4) The Authority may specify: 18
(a) the time within which a submission under this section may be 19
made, and 20
(b) any other requirements that must be complied with in relation to 21
the making of any such submission. 22
(5) If any written submission is made in accordance with this section, the 23
Authority must take the submission into consideration in deciding 24
whether or not to take disciplinary action against the licensee, manager 25
or close associate concerned. 26
141 Disciplinary powers of Authority 27
(1) The Authority may deal with and determine a complaint that is made to 28
it under this Part. 29
(2) If the Authority is satisfied that any of the grounds on which the 30
complaint was made apply in relation to the licensee, manager or close 31
associate, the Authority may decide not to take any action or may do any 32
one or more of the following: 33
(a) cancel the licence, 34
(b) suspend the licence for such period not exceeding 12 months (or, 35
if circumstances of aggravation exist in relation to the complaint, 36
not exceeding 24 months) as the Authority thinks fit, 37
(c) order the licensee or manager to pay, within such time as is 38
specified in the order: 39
Page 107
Clause 141 Liquor Bill 2007
Part 9 Disciplinary action
(i) a monetary penalty not exceeding 500 penalty units (in the 1
case of a corporation) or 200 penalty units (in the case of 2
an individual), or 3
(ii) if circumstances of aggravation exist in relation to the 4
complaint--a monetary penalty not exceeding 1,000 5
penalty units (in the case of a corporation) or 400 penalty 6
units (in the case of an individual), 7
(d) suspend or cancel any authorisation or other approval (other than 8
the licence itself) held by the licensee under this Act, 9
(e) impose a condition to which the licence, or any authorisation or 10
approval held by the licensee under this Act, is to be subject or 11
revoke or vary a condition to which the licence or any such 12
authorisation or approval is subject, 13
(f) disqualify the licensee from holding a licence for such period as 14
the Authority thinks fit, 15
(g) withdraw the manager's approval to manage licensed premises, 16
(h) disqualify the manager from being the manager of licensed 17
premises, 18
(i) in the case of a limited licence held on behalf of a non-proprietary 19
association--order that a limited licence is not, for a period of not 20
more than 3 years from the date on which the decision takes 21
effect, to be granted to any person on behalf of the 22
non-proprietary association, 23
(j) disqualify the close associate from being a close associate of a 24
licensee for such period as the Authority thinks fit, 25
(k) disqualify the close associate from holding a licence for such 26
period as the Authority thinks fit, 27
(l) order the licensee, manager or close associate to pay the amount 28
of any costs incurred by: 29
(i) the Director in carrying out any investigation or inquiry 30
under section 138 in relation to the licensee, manager or 31
close associate, or 32
(ii) the Authority in connection with the taking of disciplinary 33
action against the licensee, manager or close associate 34
under this section, 35
(m) reprimand the licensee, manager or close associate. 36
(3) If the Authority orders a licensee or manager to pay a monetary penalty 37
under this section and the penalty is not paid within the time specified 38
in the order, the Authority may: 39
(a) cancel the licence, or 40
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Liquor Bill 2007 Clause 141
Disciplinary action Part 9
(b) suspend the licence until such time as the penalty is paid (or for 1
such other period as the Authority thinks fit). 2
(4) While a person is disqualified by the Authority from being a close 3
associate of a licensee, the person is conclusively presumed for the 4
purposes of this Act to be a person who is not a fit and proper person to 5
be a close associate of a licensee. 6
(5) Action against other interested persons 7
In deciding whether to take disciplinary action under this section against 8
a licensee in relation to a complaint, the Authority may take disciplinary 9
action against a person who is interested in the business, or in the 10
conduct or profits of the business, carried on under the licence 11
(regardless of whether the Authority takes any disciplinary action under 12
this section against the licensee concerned). 13
(6) If the Authority decides to take disciplinary action against any such 14
interested person, the Authority may do any one or more of the 15
following: 16
(a) disqualify the person, for a period commencing on a specified 17
day, from being a person interested in the business, or in the 18
conduct or profits of the business, carried on under a licence, 19
(b) reprimand the person. 20
(7) Circumstances of aggravation 21
For the purposes of this section, circumstances of aggravation exist in 22
relation to a complaint if (and only if) each of the following paragraphs 23
applies: 24
(a) the complaint concerns a contravention or alleged contravention 25
of section 73 or 74, 26
(b) the complaint alleges that for the reasons specified in the 27
complaint the matter of the complaint is so serious as to warrant 28
the taking of action that is available to the Authority when 29
circumstances of aggravation exist, 30
(c) the Authority, in finding that the matter of the complaint has been 31
made out, is of the opinion (having regard to any matter such as 32
the number of contraventions of the Act involved, the seriousness 33
of the contravention involved, the number of people involved in 34
the contravention or the seriousness of the outcome of the 35
contravention, or any other relevant consideration) that the matter 36
of the complaint is so serious as to warrant the taking of action 37
that is available to the Authority when circumstances of 38
aggravation exist. 39
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Clause 142 Liquor Bill 2007
Part 9 Disciplinary action
142 Procedure for implementing disciplinary action 1
(1) If the Authority decides to take disciplinary action against or in relation 2
to a licensee, manager, close associate or other person under this Part, 3
the Authority is required to serve on the licensee, manager, close 4
associate or person a notice informing the person of the Authority's 5
decision. 6
(2) The notice must include the reasons for the Authority's decision. 7
(3) Any disciplinary action under this Part takes effect when notice of the 8
action is served on the licensee, manager, close associate or person 9
concerned (or on such later date as may be specified in the notice). 10
(4) The Authority may, by serving a further notice on the licensee, 11
manager, close associate or person concerned, cancel a notice under this 12
section before the notice takes effect. 13
(5) The Authority is not prevented from taking disciplinary action under 14
this Part merely because the licensee, manager, close associate or 15
person concerned is subject to criminal or civil proceedings that relate 16
to the same matters or incident to which the disciplinary action relates. 17
(6) If a licensee is disqualified from holding a licence under this Part, the 18
Authority, may, on application by: 19
(a) the spouse or de facto partner of the licensee, or 20
(b) a member of the family of the licensee who is of or above the age 21
of 18 years, or 22
(c) the owner of the licensed premises, or 23
(d) a person directly or indirectly interested in the business, or the 24
conduct of the business, carried out on the licensed premises, 25
transfer the licence to that spouse, de facto partner or member of the 26
family or to some other person approved by the Authority. 27
143 Requirement for legal member of Authority to be present 28
The Authority cannot determine any complaint made to it under this 29
Part (including any decision to take any disciplinary action) unless a 30
member of the Authority who is or has been a Judge, or who has been 31
an Australian lawyer for at least 7 years, is present at the meeting of the 32
Authority (or the committee of the Authority) at which the complaint is 33
determined or the decision to take the action is made. 34
144 Review by ADT of decision by Authority under this Part 35
(1) An application for the review of a decision by the Authority in relation 36
to a complaint under this Part may be made to the Administrative 37
Decisions Tribunal. 38
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Liquor Bill 2007 Clause 144
Disciplinary action Part 9
(2) An application for such a review may be made by: 1
(a) the person against whom any disciplinary action is taken by the 2
Authority in relation to the complaint, or 3
(b) the complainant. 4
(3) Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997 5
does not apply to an application to the Administrative Decisions 6
Tribunal for a review of a decision by the Authority under this Part. 7
Page 111
Clause 145 Liquor Bill 2007
Part 10 Criminal proceedings and related matters
Part 10 Criminal proceedings and related matters 1
145 Proceedings for offences 2
Proceedings for an offence under this Act or the regulations are to be 3
dealt with summarily before the Local Court. 4
146 Time within which proceedings for offences may be commenced 5
(1) Except as provided by subsection (2), proceedings for an offence under 6
this Act or the regulations may be commenced within but not later than 7
12 months after the date on which the offence is alleged to have been 8
committed. 9
(2) Proceedings for an offence under section 7, 8, 9, 40 (5), 66, 69 or 92 10
may be commenced within but not later than 3 years after the date on 11
which the offence is alleged to have been committed. 12
147 Maximum penalties for certain offences 13
(1) This section applies to any offence under this Act in respect of which 14
the specified maximum penalty is 100 penalty units or imprisonment for 15
12 months, or both. 16
(2) In convicting a person for an offence to which this section applies, the 17
court may not impose a monetary penalty of more than 50 penalty units, 18
or sentence the person to a term of imprisonment for more than 6 19
months, or both, unless the court is satisfied that the higher penalty is 20
warranted. 21
(3) Without limiting the matters that the court may take into consideration 22
in deciding whether such a higher penalty is warranted, the court may 23
take into consideration: 24
(a) the seriousness of the offence, or 25
(b) the number of occasions on which the offender has committed an 26
offence under this Act or the Liquor Act 1982. 27
148 Additional penalties may be imposed by court 28
In addition to any other penalty that a court may impose on a licensee 29
or other person for an offence under this Act or the regulations, the court 30
may, if it thinks it appropriate, do any one or more of the following: 31
(a) reprimand the licensee or person, 32
(b) impose a condition to which a licence is to be subject or revoke 33
or vary a condition to which a licence is subject, 34
(c) suspend a licence for such period, not exceeding 12 months, as 35
the court thinks fit, 36
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Liquor Bill 2007 Clause 149
Criminal proceedings and related matters Part 10
(d) cancel a licence, 1
(e) disqualify the licensee from holding a licence for such period as 2
the court thinks fit, 3
(f) withdraw the person's approval to manage licensed premises, 4
(g) disqualify the person from being the holder of an approval to 5
manage licensed premises for such period as the court thinks fit, 6
(h) give such directions as to the exercise of the licence as the court 7
thinks fit. 8
149 Licensees and managers liable for act of employees etc 9
If, in contravention of this Act or the regulations: 10
(a) an employee or agent of a licensee, or 11
(b) an employee or agent of the manager of licensed premises, or 12
(c) a person acting, or purporting to act, on behalf of a licensee or the 13
manager of licensed premises, 14
sells or supplies liquor on the licensed premises, the licensee or manager 15
(as the case requires) is guilty of an offence and liable to the punishment 16
specified for the contravention. 17
150 Penalty notices 18
(1) In this section: 19
authorised officer means a police officer or an inspector. 20
(2) An authorised officer may serve a penalty notice on a person (including 21
a licensee) if it appears to the officer that the person has committed an 22
offence under this Act or the regulations and the offence is one that is 23
prescribed by the regulations to be an offence to which this section 24
applies. 25
(3) A penalty notice is a notice to the effect that, if the person served does 26
not wish to have the matter determined by a court, the person may pay 27
within a time and to a person specified in the notice the amount of 28
penalty prescribed by the regulations for the offence if dealt with under 29
this section. 30
(4) A penalty notice may be served personally or by post. 31
(5) If the amount of penalty prescribed for the purposes of this section for 32
an alleged offence is paid under this section, no person is liable to any 33
further proceedings or action in relation to the alleged offence, except 34
the taking of disciplinary action under Part 9. 35
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Clause 151 Liquor Bill 2007
Part 10 Criminal proceedings and related matters
(6) Payment under this section is not to be regarded as an admission of 1
liability for the purpose of, nor in any way affect or prejudice, any civil 2
proceeding arising out of the same occurrence. 3
(7) However, if a penalty is paid under this section in respect of a penalty 4
notice served on a person, the person is, for the purposes of Part 9, taken 5
to have been convicted of the offence to which the penalty notice 6
related. 7
(8) The regulations may: 8
(a) prescribe an offence for the purposes of this section by specifying 9
the offence or by referring to the provision creating the offence, 10
and 11
(b) prescribe the amount of penalty payable for the offence if dealt 12
with under this section, and 13
(c) prescribe different amounts of penalties for different offences or 14
classes of offences. 15
(9) The amount of a penalty prescribed under this section for an offence 16
must not exceed the maximum amount of penalty which could be 17
imposed for the offence by a court. 18
(10) This section does not limit the operation of any other provision of, or 19
made under, this or any other Act or law relating to proceedings that 20
may be taken in respect of offences. 21
151 Forfeiture and seizure of liquor and other things 22
(1) If a person is found guilty of an offence under section 7, any liquor that 23
was, at the time of the commission of the offence, in the person's 24
possession or apparently under the person's control is forfeited to the 25
Crown. 26
(2) If the holder of a producer/wholesaler licence, or an employee or agent 27
of such a licensee, is found guilty of an offence under section 9 (1) (b) 28
of selling liquor that is not authorised to be sold under the licence, any 29
liquor (other than liquor the licensee is authorised to sell under the 30
licence) that was, at the time of the commission of the offence, in the 31
licensee's possession or apparently under the licensee's control is 32
forfeited to the Crown. 33
(3) If a person is found guilty of an offence under section 113: 34
(a) any liquor to which the offence relates, and 35
(b) any vehicle, boat or other thing in which the liquor was being 36
carried, offered or exposed, 37
is forfeited to the Crown. 38
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Criminal proceedings and related matters Part 10
(4) If a licence is cancelled under this Act, any liquor found, not earlier than 1
7 days after the cancellation takes effect, in the former licensee's 2
possession on the former licensed premises is forfeited to the Crown. 3
(5) A police officer or inspector may seize and carry away anything that the 4
officer or inspector reasonably suspects may be liable to forfeiture 5
under this section. 6
(6) For the purposes of this section, liquor includes any bottle or other 7
container in which the liquor is contained. 8
152 Evidentiary provisions 9
(1) In any proceedings for an offence under this Act or the regulations, any 10
one or more of the following allegations (however expressed) is 11
evidence of the truth of the allegation unless the contrary is proved: 12
(a) that a specified person was or was not the holder of a licence or a 13
specified kind of licence at a specified time or during a specified 14
period, 15
(b) that a specified licence was or was not subject to a specified 16
condition at a specified time or during a specified period, 17
(c) that a specified authorisation to which section 51 applies was or 18
was not in force at a specified time or during a specified period, 19
(d) that a specified licence was or was not endorsed with a specified 20
endorsement at a specified time or during a specified period, 21
(e) that a specified person was or was not the secretary or an office 22
holder of a specified non-proprietary association at a specified 23
time or during a specified period, 24
(f) that a specified licence was or was not held by a specified person 25
on behalf of a specified non-proprietary association at a specified 26
time or during a specified period, 27
(g) that a specified body or association was or was not a specified 28
non-proprietary association at a specified time or during a 29
specified period, 30
(h) that a specified licence was or was not suspended or cancelled at 31
a specified time or during a specified period, 32
(i) that specified premises were or were not licensed premises at a 33
specified time or during a specified period, 34
(j) that a specified part of premises was or was not a bar area at a 35
specified time or during a specified period, 36
(k) that specified hours were or were not the trading hours of 37
specified licensed premises at a specified time or during a 38
specified period, 39
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(l) that specified premises were subject to a closure order under this 1
Act at a specified time or during a specified period, 2
(m) that a minors area authorisation or minors functions authorisation 3
was or was not in force in respect of a specified part of any 4
premises at a specified time or during a specified period, 5
(n) that a specified person has or has not been approved by the 6
Authority as a person who may be appointed as the manager of 7
licensed premises, 8
(o) that a specified person is or was, at a specified time or during a 9
specified period, the Director, 10
(p) that a specified person is or was, at a specified time or during a 11
specified period, a delegate of the Minister, or of the 12
Commissioner of Police, or of the Authority, to whom a specified 13
function has been delegated under this Act or the Casino, Liquor 14
and Gaming Control Authority Act 2007, 15
(q) that a specified person is or was, at a specified time or during a 16
specified period, an inspector, 17
(r) that a liquid or other substance is liquor. 18
(2) In any proceedings for an offence under this Act or the regulations, an 19
allegation that, at a specified time, a person was under the age of 18 20
years is evidence of the truth of the allegation unless the defendant 21
denies the allegation in the manner prescribed by the regulations. 22
(3) In any proceedings for an offence under this Act or the regulations, 23
evidence of delivery or supply of liquor is evidence of a sale of the 24
liquor. 25
(4) In any proceedings for an offence under section 9 (2), liquor is taken to 26
have been sold or consumed on the licensed premises to which the 27
proceedings relate regardless of whether the licensee took or carried, or 28
caused another person to take or carry, the liquor out of the licensed 29
premises for the purpose of being sold or consumed at another place 30
occupied by the licensee or in a public place. 31
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Miscellaneous provisions Part 11
Part 11 Miscellaneous provisions 1
153 Review by Authority of Director's decisions 2
(1) This section applies to any of the following decisions of the Director: 3
(a) a decision to impose, or to vary or revoke, a condition under 4
section 54 (Director may impose licence conditions), 5
(b) a direction under section 75 (Directions to licensees and staff of 6
licensed premises), 7
(c) a decision under section 81 (Decision by Director in relation to 8
complaint), 9
(d) a decision under section 87 to make a late hour entry declaration, 10
(e) a decision under section 90 to vary or revoke a late hour entry 11
declaration, 12
(f) a decision under section 101 (Director may restrict or prohibit 13
sale or supply of undesirable liquor products), 14
(g) a decision under section 102 (Director may restrict or prohibit 15
undesirable promotion of liquor), 16
(h) a direction under section 136 to contribute to the costs of 17
promoting or giving effect to a local liquor accord. 18
(2) Any person who is aggrieved by a decision to which this section applies 19
may, in accordance with the regulations, apply in writing to the 20
Authority for a review of the decision. 21
(3) An application for such a review does not operate to stay the decision of 22
the Director unless the Authority otherwise directs. 23
(4) In determining an application for review under this section, the 24
Authority may: 25
(a) confirm the decision the subject of the application, or 26
(b) vary the decision, or 27
(c) revoke the decision. 28
(5) The Director is to give effect to any decision of the Authority under this 29
section to vary or revoke the decision the subject of the application for 30
review. 31
(6) The Authority may not make any decision in relation to an application 32
for review under this section unless a member of the Authority who is 33
or has been a Judge, or has been an Australian lawyer for at least 7 years, 34
is present at the meeting of the Authority or the committee of the 35
Authority at which the decision of the Authority is made. 36
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154 Review of disqualification by Authority 1
(1) A person may, in accordance with the regulations, apply to the 2
Authority for removal of a disqualification of more than 3 years 3
imposed by the Authority under section 141 (2). 4
(2) The application may be made only after: 5
(a) any minimum period set by the Authority during which the 6
application may not be made has expired, or 7
(b) if no minimum period has been set, the disqualification has been 8
in force for 3 years. 9
(3) On application being made for the removal of a disqualification, the 10
Authority may: 11
(a) remove the disqualification, or 12
(b) shorten the period of disqualification, or 13
(c) confirm the disqualification and set a minimum period during 14
which a further application under this section may not be made. 15
155 Procedure for dealing with matters under Act to be informal 16
(1) A formal hearing involving the legal representation of parties is not 17
required to be held in relation to any application or other matter 18
(including the taking of disciplinary action under Part 9) that may be 19
dealt with or decided by the Authority or the Director under this Act. 20
(2) However, subsection (1) does not prevent the Authority or the Director, 21
in such cases as the Authority or the Director considers appropriate: 22
(a) from conducting an interview or convening a conference or 23
meeting, or 24
(b) from receiving submissions, 25
in relation to any application or other matter that may be dealt with or 26
decided by the Authority or the Director under this Act. 27
(3) Any such conference or meeting is to be presided over by the Authority 28
or the Director, as the case requires, and the procedure at the conference 29
or meeting is to be determined by the Authority or the Director, as the 30
case requires. 31
156 Report by Authority on liquor licensing matters 32
(1) The Authority is to include the following information in its annual 33
report under the Annual Reports (Statutory Bodies) Act 1984: 34
(a) the number of licences in force in each Statistical Local Area 35
determined by the Australian Bureau of Statistics (along with the 36
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Miscellaneous provisions Part 11
total State-wide number of licences) during the financial year to 1
which the report relates, 2
(b) the number of new licences granted by the Authority during that 3
year, 4
(c) the number of licences suspended or cancelled by the Authority 5
during that year, 6
(d) the number of authorisations to which section 51 applies granted 7
by the Authority during that year, 8
(e) the number of licences in respect of which disciplinary action 9
was taken by the Authority during that year and the nature of the 10
disciplinary action taken. 11
(2) The information provided in relation to licences and authorisations in 12
the annual report is, where relevant, to be categorised according to the 13
different types of licences and authorisations that may be granted and 14
held under this Act. 15
157 Delegations 16
(1) An office holder may delegate to a person any function conferred or 17
imposed on the office holder by or under this Act, other than this power 18
of delegation. 19
Note. The power of the Authority to delegate its functions under this Act is 20
contained in the Casino, Liquor and Gaming Control Authority Act 2007. 21
(2) A person to whom a function has been delegated by the Minister or the 22
Commissioner of Police may delegate the function to another person, 23
subject to any conditions to which the delegation by the Minister or the 24
Commissioner is subject. 25
(3) In this section: 26
office holder means any of the following: 27
(a) the Minister, 28
(b) the Commissioner of Police, 29
(c) the Director. 30
158 Crown not liable for any compensation 31
(1) Damages or compensation are not payable by or on behalf of the Crown 32
because of: 33
(a) the enactment or operation of this Act, or for the consequences of 34
that enactment or operation, or 35
(b) a representation or conduct of any kind about any restrictions or 36
limitations on the sale or supply of liquor on any premises or kind 37
of premises. 38
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Clause 159 Liquor Bill 2007
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(2) In subsection (1), the Crown means the Crown within the meaning of 1
the Crown Proceedings Act 1988, and includes any employee or agent 2
of the Crown. 3
159 Regulations 4
(1) The Governor may make regulations, not inconsistent with this Act, for 5
or with respect to any matter that by this Act is required or permitted to 6
be prescribed or that is necessary or convenient to be prescribed for 7
carrying out or giving effect to this Act. 8
(2) In particular, regulations may be made for or with respect to the 9
following: 10
(a) the payment of fees for or in connection with any application 11
made under this Act or the regulations, 12
(b) any matter relating to fees payable under this Act or the 13
regulations (including the waiver or refunding of fees), 14
(c) requiring the keeping of records relating to licences, 15
(d) requiring or authorising the placing of notices or signs in or on 16
licensed premises and the form and content of those notices or 17
signs, 18
(e) the endorsement of licences and their production for endorsement 19
or for any other purpose, 20
(f) requirements in relation to local liquor accords, 21
(g) any other matter relating to licences and licensed premises. 22
(3) The regulations may create offences punishable by a penalty not 23
exceeding 50 penalty units. 24
(4) The regulations may exempt specified persons or classes of persons, or 25
specified premises or classes of premises, or specified licences or 26
classes of licences, from any specified provision of this Act. 27
(5) A regulation may apply, adopt or incorporate any publication as in force 28
from time to time. 29
160 Savings and transitional provisions 30
Schedule 1 has effect. 31
161 Repeals 32
The following Acts and regulations are repealed: 33
(a) Liquor Act 1982, 34
(b) Liquor (Repeals and Savings) Act 1982, 35
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(c) Liquor Regulation 1996, 1
(d) Liquor (Transitional Provisions) Regulation 1983. 2
162 Review of Act 3
(1) The Minister is to review this Act to determine whether the policy 4
objectives of the Act remain valid and whether the terms of the Act 5
remain appropriate for securing those objectives. 6
(2) The review is to be undertaken as soon as possible after the period of 5 7
years from the date of assent to this Act. 8
(3) A report on the outcome of the review is to be tabled in each House of 9
Parliament within 12 months after the end of the period of 5 years. 10
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Schedule 1 Savings and transitional provisions 1
(Section 160) 2
Part 1 Preliminary 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 8
(2) Any such provision may, if the regulations so provide, take effect from 9
the date of assent to the Act concerned or a later date. 10
(3) To the extent to which any such provision takes effect from a date that 11
is earlier than the date of its publication in the Gazette, the provision 12
does not operate: 13
(a) to affect, in a manner prejudicial to any person (other than the 14
State or an authority of the State), the rights of the person existing 15
before the date of its publication, or 16
(b) to impose liabilities on any person (other than the State or an 17
authority of the State) in respect of anything done or omitted to 18
be done before the date of its publication. 19
Part 2 Provisions consequent on enactment of this 20
Act 21
Division 1 Preliminary 22
2 Definitions 23
In this Part: 24
existing licence means a licence granted under a provision of the former 25
Act and in force immediately before the repeal of that provision by this 26
Act. 27
former Act means the Liquor Act 1982. 28
former Board means the Liquor Administration Board constituted by 29
section 72 of the former Act. 30
former Court means the Licensing Court constituted under Part 2 of the 31
the former Act. 32
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Division 2 Existing liquor licences 1
3 General provisions 2
(1) An existing licence is taken to be a licence of the corresponding kind (as 3
determined in accordance with this Division) in force under this Act. 4
Note. Transitional arrangements dealing with existing certificates of registration 5
for registered clubs, and the continuation of existing trading hours for registered 6
clubs, are contained in Part 20 of Schedule 2 to the Registered Clubs Act 1976. 7
(2) Any such existing licence may be dealt with under, and is otherwise 8
subject to, the provisions of this Act and the regulations. 9
(3) Subject to the regulations, an existing licence is not subject to the 10
conditions or restrictions to which the licence was subject under the 11
former Act other than a condition or restriction imposed by the former 12
Court or the former Board specifically in relation to the existing licence 13
or the licensed premises to which it relates. 14
(4) Any such condition or restriction imposed by the former Court or the 15
former Board in relation to an existing licence or the licensed premises 16
to which it relates is taken to be a condition or restriction imposed by 17
the Authority under this Act (and accordingly a reference to the former 18
Court or the former Board in or in relation to any such existing condition 19
or restriction is to be construed as a reference to the Authority). The 20
Authority has such powers as are necessary to continue to give effect to 21
any such condition or restriction and may vary or revoke the condition 22
or restriction in accordance with this Act. 23
(5) A reference in any other Act, or in an instrument under any other Act or 24
in any other document, to an existing liquor licence of any kind is to be 25
read as a reference to a licence of the corresponding kind (as determined 26
in accordance with this Division). 27
(6) A reference in this Division to any condition, restriction or authorisation 28
under the former Act is a reference to a condition, restriction or 29
authorisation that had effect (or was otherwise in force) under the 30
former Act immediately before its repeal by this Act. 31
(7) In this clause, a reference to the former Act includes a reference to the 32
Liquor (Repeals and Savings) Act 1982. 33
4 Existing hotelier's licence 34
(1) The corresponding licence for an existing hotelier's licence is a hotel 35
licence. 36
(2) The standard trading period applies to the licensed premises to which 37
the existing licence relates. If trading outside of the standard trading 38
period was authorised on the licensed premises under the former Act, an 39
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extended trading authorisation under this Act that relates to that 1
extended trading period is taken to be in force in relation to the licensed 2
premises. 3
(3) Any authority under section 112 of the former Act applying in respect 4
of the licensed premises continues to apply as a minors area 5
authorisation under this Act. 6
5 Existing nightclub licence 7
(1) The corresponding licence for an existing nightclub licence is: 8
(a) in the case where the licensed premises were only allowed to 9
trade after 8 pm under the former Act--an on-premises licence 10
that relates to a public entertainment venue, or 11
(b) in any other case--an on-premises licence that relates to a public 12
entertainment venue and a restaurant. 13
(2) If, in either case, the licensed premises concerned included a motel 14
under the former Act, the corresponding licence for the existing 15
nightclub licence is also an on-premises licence that relates to 16
accommodation premises. 17
(3) The following provisions apply in relation to an existing nightclub 18
licence: 19
(a) the standard trading period applies to the licensed premises to 20
which the licence relates, 21
(b) if trading outside of the standard trading period was authorised on 22
the licensed premises under the former Act, an extended trading 23
authorisation that relates to that extended trading period is taken 24
to be in force in relation to the licensed premises, 25
(c) if the existing licence was endorsed with a dine-or-drink 26
authority under the former Act (being an authority in force 27
immediately before the commencement of this clause), the 28
licence is taken to be endorsed with an authorisation under 29
section 24 (3) of this Act allowing liquor to be sold or supplied, 30
in accordance with any conditions of that authorisation, on the 31
licensed premises otherwise than with, or ancillary to, another 32
product or service, 33
(d) any minors functions authority under section 111A of the former 34
Act applying in respect of the licensed premises continues to 35
apply as a minors functions authorisation under this Act. 36
6 Existing off-licence (retail) 37
(1) The corresponding licence for an existing off-licence to sell liquor by 38
retail is a packaged liquor licence. 39
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(2) The standard trading period applies to the licensed premises to which 1
any such existing licence relates. If trading outside of the standard 2
trading period was authorised on the licensed premises under the former 3
Act, an extended trading authorisation that relates to that extended 4
trading period is taken to be in force in relation to the licensed premises. 5
7 Existing restaurant licence 6
(1) The corresponding licence for an existing on-licence relating to a 7
restaurant (except where the licensed premises include a motel) is an 8
on-premises licence that relates to a restaurant. 9
(2) The corresponding licence for an existing on-licence relating to a 10
restaurant, in the case where the licensed premises include a motel, is an 11
on-premises licence that relates to a restaurant and accommodation 12
premises. 13
(3) The standard trading period applies to the licensed premises to which 14
any such existing licence relates. If trading outside of the standard 15
trading period was authorised on the licensed premises under the former 16
Act, an extended trading authorisation that relates to that extended 17
trading period is taken to be in force in relation to the licensed premises. 18
(4) If the existing licence was endorsed with a dine-or-drink authority under 19
the former Act (being an authority in force immediately before the 20
commencement of this clause), the licence is taken to be endorsed with 21
an authorisation under section 24 (3) of this Act allowing liquor to be 22
sold or supplied, in accordance with any conditions of that 23
authorisation, on the licensed premises otherwise than with, or ancillary 24
to, another product or service. 25
8 Other existing on-licences 26
(1) The corresponding licence: 27
(a) for an existing on-licence relating to a motel is an on-premises 28
licence that relates to accommodation premises, or 29
(b) for an existing on-licence relating to a vessel is an on-premises 30
licence that relates to a vessel, or 31
(c) for an existing on-licence relating to premises at an airport is an 32
on-premises licence that relates to premises at an airport, or 33
(d) for an existing on-licence relating to a public hall is an 34
on-premises licence that relates to a public hall, or 35
(e) for an existing on-licence relating to a theatre is an on-premises 36
licence that relates to a public entertainment venue, or 37
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(f) for an existing on-licence relating to a university is an 1
on-premises licence that relates to premises occupied by a tertiary 2
institution, or 3
(g) for an existing on-premises licence referred to in section 18 (4) 4
(g) of the former Act is an on-premises licence that relates to the 5
business or activity specified by the Authority in the licence. 6
(2) The standard trading period applies to the licensed premises to which 7
any such existing licence relates (other than an existing on-licence 8
relating to a vessel). 9
(3) In the case of an existing on-licence that relates to a vessel, the trading 10
hours authorised under the former Act continue to apply. 11
(4) If trading outside of the standard trading period was authorised on the 12
licensed premises under the former Act, an extended trading 13
authorisation that relates to that extended trading period is taken to be 14
in force in relation to the licensed premises. 15
(5) In the case of an existing on-licence granted in respect of a public hall 16
or premises at an airport, the licensee is, within 6 months of the 17
commencement of this clause, to provide the Authority with a statement 18
of the trading hours for the licensed premises under the former Act. The 19
statement is to be in the form approved by the Authority and the licensee 20
is to verify the statement by way of statutory declaration. 21
(6) If the Authority is satisfied that the trading hours of the premises 22
referred to in subclause (5) under the former Act extended beyond the 23
standard trading period, the Authority is to grant an extended trading 24
authorisation relating to that extended trading period in respect of the 25
premises. 26
(7) For the purposes of subclause (1) (d), public hall means a public hall 27
that is used for the purpose of conducting public meetings or providing 28
public entertainment on an intermittent basis. 29
9 Existing on-premises licence (function) 30
(1) The corresponding licence for an existing on-licence (function), 31
whether permanent or temporary, is a limited licence. 32
(2) The trading hours authorised under the former Act for the licensed 33
premises to which any such existing on-licence (function) relates, 34
including the number of functions and dates on which they may be held, 35
continue to apply, but only in relation to functions that were approved 36
or otherwise authorised under the former Act. 37
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10 Existing caterer's licence 1
(1) The corresponding licence for an existing caterer's licence is an 2
on-premises licence that relates to a catering service. 3
(2) The following provisions apply in relation to an existing caterer's 4
licence that is converted to an on-premises licence under subclause (1): 5
(a) the standard trading period applies to the licensed premises, 6
(b) an extended trading authorisation is taken to be in force in respect 7
of the licensed premises to authorise trading until 3 am on any 8
day of the week and from 6 am on a Sunday. 9
11 Existing vigneron, wholesaler and brewer licences 10
The corresponding licence for an existing off-licence: 11
(a) for a vigneron, or 12
(b) to sell liquor to persons authorised to sell liquor, or 13
(c) for a brewer, 14
is a producer/wholesaler licence. 15
12 Existing community liquor licence 16
(1) The corresponding licence for an existing community liquor licence is 17
a hotel licence. 18
(2) The following provisions apply in relation to an existing community 19
licence that is converted to a hotel licence under subclause (1): 20
(a) the keeping or operation of gaming machines on the licensed 21
premises cannot be authorised under the Gaming Machines Act 22
2001, 23
(b) the licence cannot be removed to other premises unless the other 24
premises are situated within the same area (as determined in 25
accordance with the regulations) as the licensed premises, 26
(c) the trading hours authorised under the former Act for the licensed 27
premises continue to apply until such time as they are varied 28
under this Act, 29
(d) if trading outside of the standard trading period was authorised on 30
the licensed premises under the former Act, an extended trading 31
authorisation that relates to that extended trading period is taken 32
to be in force in relation to the licensed premises. 33
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13 Existing Governor's licence 1
(1) The corresponding licence for an existing Governor's licence is: 2
(a) an on-premises licence that relates to a business or activity 3
specified by the Authority in the licence, or 4
(b) if the Authority, within the period of 12 months following the 5
commencement of this clause, determines another type of licence 6
in relation to the existing licence--that type of licence. 7
(2) Despite clause 3 (3), an existing Governor's licence is subject to the 8
conditions and restrictions to which the licence was subject under the 9
former Act. 10
(3) The trading hours authorised under the former Act for the licensed 11
premises to which an existing Governor's licence relates continue to 12
apply until such time as they are varied under this Act. 13
(4) If trading outside of the standard trading period was authorised on the 14
licensed premises under the former Act, an extended trading 15
authorisation that relates to that extended trading period is taken to be 16
in force in relation to the licensed premises. 17
14 Existing special event licence 18
(1) The corresponding licence for an existing special event licence is a 19
limited licence. 20
(2) Despite clause 3 (3), an existing special event licence is subject to the 21
conditions and restrictions to which the licence was subject under the 22
former Act. 23
(3) The trading hours authorised under the former Act for the licensed 24
premises to which an existing special event licence relates continue to 25
apply until such time as they are varied under this Act. 26
15 Existing Australian wine licence 27
(1) This clause applies to a licence (referred to as an existing Australian 28
wine licence) to which Schedule 4 (Special provisions relating to 29
Australian wine licences) to the Liquor (Repeals and Savings) Act 1982 30
(the relevant Act) applied immediately before the repeal of the relevant 31
Act by this Act. 32
(2) The corresponding licence for an existing Australian wine licence 33
referred to in clause 1 (2) (a) of Schedule 4 to the relevant Act is a 34
packaged liquor licence. 35
(3) The following provisions apply in relation to an existing Australian 36
wine licence that is converted to a packaged liquor licence under 37
subclause (2): 38
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(a) the standard trading period applies to the licensed premises, 1
(b) if trading outside of the standard trading period was authorised on 2
the licensed premises under the former Act, an extended trading 3
authorisation that relates to that extended trading period is taken 4
to be in force in relation to the licensed premises, 5
(c) only wine may be sold or supplied on the licensed premises, 6
(d) the licence cannot be removed to other premises unless the other 7
premises are situated within the same area (as determined in 8
accordance with the regulations) as the licensed premises. 9
(4) The corresponding licence for an existing Australian wine licence 10
referred to in clause 1 (2) (b) of Schedule 4 to the relevant Act is: 11
(a) an on-premises licence that relates to a wine bar, or 12
(b) if the Authority, within the period of 12 months following the 13
commencement of this clause, determines another type of licence 14
in relation to the existing licence--that type of licence. 15
(5) The following provisions apply in relation to an existing Australian 16
wine licence that is converted to an on-premises licence (or other type 17
of licence) under subclause (4): 18
(a) the trading hours authorised under the former Act for the licensed 19
premises continue to apply until such time as they are varied 20
under this Act, 21
(b) if trading outside of the standard trading period was authorised on 22
the licensed premises under the former Act, an extended trading 23
authorisation that relates to that extended trading period is taken 24
to be in force in relation to the licensed premises, 25
(c) liquor may be sold or supplied for consumption on the licensed 26
premises only, 27
(d) the licence cannot be removed to other premises unless the other 28
premises are situated within the same area (as determined in 29
accordance with the regulations) as the licensed premises. 30
(6) The corresponding licence for an existing Australian wine licence 31
referred to in clause 1 (2) (c) of Schedule 4 to the relevant Act is: 32
(a) an on-premises licence that relates to a wine bar, or 33
(b) if the Authority, within the period of 12 months following the 34
commencement of this clause, determines another type of licence 35
in relation to the existing licence--that type of licence. 36
(7) The following provisions apply in relation to an existing Australian 37
wine licence that is converted to an on-premises licence (or other type 38
of licence) under subclause (6): 39
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(a) the trading hours authorised under the former Act for the licensed 1
premises continue to apply until such time as they are varied 2
under this Act, 3
(b) if trading outside of the standard trading period was authorised on 4
the licensed premises under the former Act, an extended trading 5
authorisation that relates to that extended trading period is taken 6
to be in force in relation to the licensed premises, 7
(c) liquor may be sold or supplied on the licensed premises for 8
consumption on or away from the premises (however, only wine 9
may be sold or supplied for consumption away from the 10
premises), 11
(d) the licence cannot be removed to other premises unless the other 12
premises are situated within the same area (as determined in 13
accordance with the regulations) as the licensed premises. 14
(8) The conditions and restrictions imposed by this clause on a licence 15
cannot be varied on application by the licensee. 16
Division 3 Proof of age cards 17
16 Definition 18
In this Division: 19
proof of age card means: 20
(a) an existing RTA proof of age card, or 21
(b) a document issued by a public authority of the Commonwealth, 22
or of another State or Territory, for the purpose of attesting to a 23
person's identity and age. 24
17 Phasing-out of existing RTA proof of age cards 25
An existing RTA proof of age card ceases to be valid for any purpose 26
on 14 December 2008 (being the date that is 3 years after the 27
commencement of Schedule 2.3 [1] to the Photo Card Act 2005). 28
18 Manufacturing false proof of age cards 29
(1) A person must not make a false document that could reasonably be 30
taken to be a proof of age card with the intent that the document be used 31
by any person as a proof of age card for the purposes of this Act or the 32
Gaming Machines Act 2001. 33
Maximum penalty: 30 penalty units. 34
(2) A person (the offender) must not give to another person a false 35
document that could reasonably be taken to be a proof of age card with 36
the intent that the document be used by any person as a proof of age card 37
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for the purposes of this Act or the Gaming Machines Act 2001 if the 1
offender knows or could reasonably be expected to know that the 2
document is false. 3
Maximum penalty: 30 penalty units. 4
(3) A person is guilty of an offence under this subclause if the person 5
commits an offence under subclause (1) or (2) in circumstances of 6
aggravation. 7
Maximum penalty: 50 penalty units. 8
(4) For the purposes of this clause, a person commits an offence in 9
circumstances of aggravation if: 10
(a) the offence involved a high degree of planning, or 11
(b) the offence involved the use of other people acting at the 12
direction of the person convicted of the offence in the 13
commission of the offence, or 14
(c) the person committed the offence solely or principally for 15
financial reward, or 16
(d) the offender has a previous conviction for an offence under this 17
clause or under section 117EB of the former Act. 18
19 Giving or lending proof of age cards 19
A person must not give or lend the person's proof of age card to another 20
person, if the person giving or lending the card knows or could 21
reasonably be expected to know that the card may be used: 22
(a) as a proof of age card for the purposes of this Act or the Gaming 23
Machines Act 2001 by the person to whom the card was given or 24
lent, or by any other person, or 25
(b) to obtain a proof of age card for the person to whom the card was 26
given or lent, or any other person, for the purposes of this Act or 27
the Gaming Machines Act 2001. 28
Maximum penalty: 30 penalty units. 29
20 Tampering with proof of age cards 30
A person must not for an improper purpose wilfully or negligently alter, 31
deface, or otherwise interfere with a proof of age card or with any of the 32
material particulars contained on the card. 33
Maximum penalty: 30 penalty units. 34
21 Confiscation of existing RTA proof of age cards 35
(1) An authorised person to whom an existing RTA proof of age card, or 36
thing resembling such an existing RTA proof of age card, is produced 37
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Schedule 1 Savings and transitional provisions
by a person representing it to be the person's proof of age card (whether 1
as proof of age or of identity) may, with no authority other than this 2
clause, seize the card or thing if the authorised person reasonably 3
suspects that the card or thing: 4
(a) is not the person's proof of age card or contains information that 5
is false or misleading as to that person's name or age, or 6
(b) has been forged or fraudulently altered, or 7
(c) is being used in contravention of any provision of this Act, the 8
Gaming Machines Act 2001 or the Registered Clubs Act 1976. 9
(2) A card or thing seized under this clause is to be forwarded to the 10
Commissioner of Police. The Commissioner must cause the card or 11
thing to be returned (by delivery or by post) to the person who produced 12
it unless subclause (3) applies. 13
(3) The Commissioner of Police may retain possession of and deal with a 14
proof of age card or thing forwarded to the Commissioner in such 15
manner as the Commissioner thinks fit if satisfied that the card or thing: 16
(a) is not the proof of age card of the person from whom it was seized 17
or contains information that is false or misleading as to that 18
person's name or age, or 19
(b) has been forged or fraudulently altered, or 20
(c) is being used in contravention of any provision of this Act, the 21
Gaming Machines Act 2001 or the Registered Clubs Act 1976. 22
(4) Each of the following is an authorised person for the purposes of this 23
clause: 24
(a) any police officer, 25
(b) any person while acting in the administration of this Act, the 26
Gaming Machines Act 2001 or the Registered Clubs Act 1976, 27
(c) the licensee and any employee or agent of the licensee on the 28
licensed premises concerned, but only on those licensed premises 29
or in a place in the immediate vicinity of those licensed premises. 30
Division 4 Other savings and transitional provisions 31
22 Definitions 32
In this Division: 33
relevant repeal date means the date on which Part 2 of the former Act 34
is repealed by this Act. 35
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Savings and transitional provisions Schedule 1
23 Abolition of Licensing Court and continuation of judicial office 1
(1) The Licensing Court of New South Wales is abolished on the relevant 2
repeal date. 3
(2) A person who, immediately before the relevant repeal date, held office 4
as a Licensing Magistrate under Part 2 of the former Act is, unless the 5
person holds an appointment as Magistrate for at least the remainder of 6
the term for which the person was appointed as a Licensing Magistrate, 7
entitled (without loss of remuneration) to hold office as a Magistrate for 8
the remainder of the term for which the person was appointed as a 9
Licensing Magistrate under Part 2 of the former Act. 10
Note. See section 56 (2) of the Constitution Act 1902 which provides for the 11
consequences of abolishing a judicial office. 12
(3) A reference in this clause to a Licensing Magistrate includes a reference 13
to the Chairperson of the Licensing Court and the Deputy Chairperson 14
of the Licensing Court. 15
24 Abolition of Liquor Administration Board 16
The Liquor Administration Board constituted under section 72 of the 17
former Act is abolished. 18
25 Pending applications and proceedings under former Act 19
(1) Any licence, authorisation, approval or other matter granted or 20
determined under a provision of the former Act (as continued by this 21
clause) is taken to have been granted or determined under the 22
corresponding provision of this Act. 23
(2) Proceedings pending before the Licensing Court 24
If, before the relevant repeal date, proceedings in relation to any matter 25
under the former Act or any other Act were commenced in the former 26
Court but the former Court had not determined the matter: 27
(a) the matter may continue to be dealt with and determined by the 28
Local Court as if it were sitting as the former Court, and 29
(b) the provisions of the former Act continue to apply, as if they had 30
not been repealed, for the purposes of: 31
(i) the hearing and determination of the matter, and 32
(ii) any appeal against the former Court's determination of the 33
matter. 34
(3) In hearing and determining a matter that is the subject of any such 35
pending proceedings, the Local Court has the same jurisdiction as the 36
former Court had immediately before it was abolished. 37
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Schedule 1 Savings and transitional provisions
(4) Matters being dealt with by the Liquor Administration Board 1
If, before the repeal of section 72 of the former Act, any matter was 2
being dealt with by the former Board (including by any person to whom 3
the functions of the Board were delegated under section 75 of the former 4
Act) but had not been determined by the date of that repeal: 5
(a) the former Board (or the person to whom those functions were 6
delegated) is to continue to deal with the matter as if the former 7
Board had not been abolished, and 8
(b) the provisions of the former Act continue to apply in relation to 9
the determination of the matter by the former Board (or by the 10
person to whom those functions were delegated) as if those 11
provisions had not been repealed by this Act. 12
(5) If any such pending matter before the former Board is not determined 13
within such period as may be prescribed by the regulations, the 14
Authority may deal with the matter instead under the corresponding 15
provision of this Act. 16
(6) The continuation of the provisions of the former Act for the purposes of 17
this clause is subject to such modifications as may be prescribed by the 18
regulations. 19
26 General savings provision 20
(1) Subject to this Act and the regulations, anything done under or for the 21
purposes of a provision of the former Act is, to the extent that the thing 22
has effect immediately before the repeal of the provision, taken to have 23
been done under or for the purposes of the corresponding provision of 24
this Act. 25
(2) Without limiting subclause (1) or any provision of Division 2, any 26
approval, authority or appointment in force under a provision of the 27
former Act immediately before the repeal of the provision is taken to be 28
an approval, authority or appointment in force under the corresponding 29
provision of this Act. 30
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Liquor Bill 2007
Kings Cross precinct Schedule 2
Schedule 2 Kings Cross precinct 1
(Section 49 (3)) 2
Ward Avenue, from its intersection with Kings Cross Road, north to its intersection 3
with Elizabeth Bay Road and Baroda Street. 4
Baroda Street, from its intersection with Elizabeth Bay Road and Ward Avenue, 5
north and west to its intersection with Greenknowe Avenue. 6
Greenknowe Avenue, from its intersection with Baroda Street, west to its 7
intersection with Macleay Street. 8
Macleay Street, from its intersection with Greenknowe Avenue, north to its 9
intersection with Manning Street. 10
Manning Street, from its intersection with Macleay Street, west to its intersection 11
with Tusculum Street. 12
Tusculum Street, from its intersection with Manning Street, south to its intersection 13
with Hughes Street. 14
Hughes Street, from its intersection with Tusculum Street, west to its intersection 15
with Victoria Street. 16
Victoria Street, from its intersection with Hughes Street, south to its intersection with 17
Brougham Lane. 18
Brougham Lane, from its intersection with Victoria Street, west to its intersection 19
with Brougham Street. 20
Brougham Street, from its intersection with Brougham Lane, south to its intersection 21
with William Street. 22
William Street, from its intersection with Brougham Street, east to its intersection 23
with Kings Cross Road. 24
Kings Cross Road, from its intersection with William Street, east to its intersection 25
with Ward Avenue. 26
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Liquor Bill 2007
Schedule 3 Oxford StreetDarlinghurst precinct
Schedule 3 Oxford StreetDarlinghurst precinct 1
(Section 49 (3)) 2
Liverpool Street, from its intersection with Oxford Street, east to its intersection with 3
Victoria Street. 4
Victoria Street, from its intersection with Liverpool Street, south and south-west to 5
its intersection with Oxford Street. 6
Oxford Street, from its intersection with Victoria Street, east to its intersection with 7
Barcom Avenue and South Dowling Street. 8
South Dowling Street, from its intersection with Oxford Street and Barcom Avenue, 9
south to its intersection with Flinders Street. 10
Flinders Street, from its intersection with South Dowling Street, north-north-west to 11
its intersection with Albion Street. 12
Albion Street, from its intersection with Flinders Street, west to its intersection with 13
Bourke Street. 14
Bourke Street, from its intersection with Albion Street, north to its intersection with 15
Campbell Street. 16
Campbell Street, from its intersection with Bourke Street, west to its intersection 17
with Riley Street. 18
Riley Street, from its intersection with Campbell Street, north to its intersection with 19
Oxford Street. 20
Oxford Street, from its intersection with Riley Street, north-west to its intersection 21
with Liverpool Street. 22
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