LIQUOR ACT 2007 - As at 27 December 2023 - Act 90 of 2007
- As at 27 December 2023 - Act 90 of 2007Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 3A Meaning of dedicated live music and performance venue
- 4 Definitions
- 4A Meaning of "Kings Cross precinct"
- 5 Meaning of "intoxicated"
- 6 Exemptions from Act
PART 2 - PRINCIPAL OFFENCES RELATING TO SALE AND SUPPLY OF LIQUOR
- 7 Licence required to sell liquor
- 8 Keeping or using unlicensed premises
- 9 Sale or supply of liquor contrary to licence
PART 3 - LIQUOR LICENCES
Division 1 - Preliminary
- 10 Types of licences and authorisation conferred by licence
- 11 Licence conditions--general provisions
- 11A Special licence condition--6-hour closure period for licensed premises
- 12 Standard trading period for certain licensed premises
- 12A Extended trading hours for particular dedicated live music and performance venues
- 12B Records to be kept about extended hours for dedicated live music and performance venues
- 13 Special events extended trading period for certain venues
Division 2 - Hotel licences
- 14 Authorisation conferred by hotel licence
- 15 Hotel licence--general provisions
- 15A Cessation of liquor sales during trading hours
- 16 Hotel licence may be designated as a general bar licence
- 17 Hotel licence--miscellaneous conditions
Division 3 - Club licences
- 18 Authorisation conferred by club licence
- 19 Club licence--general provisions
- 20 Club licence--miscellaneous conditions
Division 3A - Small bar licences
- 20A Authorisation conferred by small bar licence
- 20B Trading hours for small bars
- 20C Small bar licence--miscellaneous conditions
Division 4 - On-premises licences
- 21 Certain kinds of premises not to be licensed
- 22 Primary purpose test
- 23 On-premises licence must specify business/activity or kind of licensed premises
- 24 On-premises licence--sale or supply of liquor must be with or ancillary to other product or service
- 25 Authorisation conferred by on-premises licence (generally)
- 26 Authorisation to sell liquor for consumption away from licensed premises in special circumstances
- 27 Requirement to provide food on licensed premises
- 28 Certain licensed premises must be open to general public
Division 5 - Packaged liquor licences
- 29 Authorisation conferred by packaged liquor licence
- 30 Liquor sales area required if bottle shop is part of another business activity
- 31 Restrictions on granting packaged liquor licences
Division 6 - Producer/wholesaler licences
- 32 Wholesale suppliers of liquor
- 33 Producers--authorisation conferred by licence 34. (Repealed)
- 35 Producers--miscellaneous provisions
Division 7 - Limited licences
- 36 Authorisation conferred by limited licence
- 37 Limited licence--general provisions
- 38 Limited licence--miscellaneous conditions
- 39 Limited licence for special event
PART 4 - LICENSING PROCEDURES AND RELATED MATTERS
Division 1 - Licence applications and granting of licences
- 40 Licence applications
- 41 Statement as to interested parties
- 42 Investigations, inquiries and referrals in relation to licence applications
- 43 Authority or Secretary may require further information
- 44 Submissions to Authority in relation to licence applications
- 45 Decision of Authority in relation to licence applications
- 46 Duration of licences
- 46A Voluntary suspension of licence
- 47 Granting of licence
Division 1A - (Repealed)
NoneDivision 2 - Miscellaneous provisions relating to licences and licence-related authorisations
- 48 Community impact
- 49 Extended trading authorisation--general provisions
- 49A Extended trading authorisation--small bars
- 49B Special provisions relating to multi-occasion ETAs
- 50 Drink on-premises authorisation
- 51 General provisions relating to licence-related authorisations
- 52 Authority may impose special licence conditions
- 53 Authority may impose, vary or revoke licence conditions
- 54 Secretary may impose, vary or revoke licence conditions
- 54A Directions relating to "sale on other premises" authorisations
- 55 Requirement to provide information in relation to persons interested in licensee's business
- 56 Incident registers
- 57 Authority may establish administrative policies and procedures in relation to licensing matters
- 58 Courses of training and instruction for applicants and licensees
Division 2A - Periodic licence fees
- 58A Periodic licence fee
- 58B Suspension and cancellation for late payment of periodic licence fee
- 58C Application for reinstatement of cancelled licence
Division 3 - Licence removals and transfers
- 59 Removal of licence to other premises
- 59A Removal of unrestricted club licences to other premises
- 60 Transfer of licence
- 60A Alternative process for transfer of licence
- 61 Application for transfer of licence on dispossession of licensee
- 62 Carrying on licensee's business after death etc of licensee
- 63 Grant of application for endorsement of licence following death etc of licensee
- 64 Transfer of licence after death etc of licensee
Division 4 - Special provisions relating to corporate licensees
- 65 Application of Division
- 66 Appointment of managers
- 67 Restrictions on who may be appointed as manager
- 68 Approval of persons to manage licensed premises
- 69 Notice of appointments
- 70 Liability of licensee for contravention by manager
- 71 Liability of directors etc for offences by corporation--accessory to the commission of the offences
- 71A Evidence as to state of mind of corporation
- 72 Corporate licences--interpretative provisions
Division 5 - Cumulative impact assessments
- 72A Definitions
- 72B Preparation of cumulative impact assessment
- 72C Contents of cumulative impact assessment
- 72D Consultation with relevant stakeholders
- 72E Publication of cumulative impact assessment
- 72F Review of cumulative impact assessment
- 72G Variation of cumulative impact assessments
- 72H Revocation of cumulative impact assessments
PART 5 - REGULATION AND CONTROL OF LICENSED PREMISES
Division 1 - Conduct on licensed premises
- 73 Prevention of excessive consumption of alcohol on licensed premises
- 74 Sale of stolen goods and possession, use or sale of drugs on licensed premises
- 75 Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises
Division 2 - Exclusion of persons from licensed premises
- 76 Self-exclusion of patrons from licensed premises
- 77 Non-voluntary exclusion of persons from licensed premises
- 78 Banning orders
Division 3 - Disturbance of quiet and good order of neighbourhood
Division 4 - Closure orders
- 82 Short-term closure of licensed premises
- 83 Urgent application for short-term closure order
- 84 Order by Authority for long-term closure of licensed premises
- 85 Further long-term closure orders
- 86 Breach of the peace
Division 5 - Late hour entry declarations
- 87 Secretary may make late hour entry declaration
- 88 Effect of late hour entry declaration
- 89 Provisions relating to making of late hour entry declaration
- 90 Secretary may vary or revoke late hour entry declaration
Division 6 - General provisions relating to licensed premises
- 91 Responsibilities and liabilities in relation to licensed premises
- 92 Control of business conducted on licensed premises
- 93 Cessation of trade
- 94 Boundaries of licensed premises
- 94A Boundaries of licensed premises--applications for temporary boundary changes for outdoor spaces
- 94B Boundaries of licensed premises--applications for permanent boundary changes for outdoor spaces
- 95 Name of licensed premises
- 96 Temporary premises
- 97 Breath analysis equipment
- 98 Work carried out on licensed premises
PART 6 - MISCELLANEOUS OFFENCES AND REGULATORY CONTROLS
Division 1 - General
- 99 Responsible sale, supply, service or promotion of liquor
- 100 Regulations may declare undesirable liquor products
- 101 Secretary may restrict or prohibit sale or supply of undesirable liquor products
- 102 Secretary may restrict or prohibit undesirable promotion of liquor
- 102A Secretary may restrict or prohibit activities that encourage misuse or abuse of liquor
- 103 Closing of certain hotel and bottle shop areas
- 104 Person in bar area or certain other areas of hotel outside trading hours
- 105 Carrying liquor away from licensed premises outside trading hours
- 106 Delivery of liquor from unlicensed premises
- 107 Production of licence on licensed premises
- 108 Prohibition on providing money or extending credit for gambling
- 108A Requirement to record credit transactions and extensions
- 109 Misrepresentation or misdescription of credit transactions
- 110 Falsely indicating that premises are licensed or that person is authorised to sell or supply liquor
- 111 Carrying liquor away from premises to which on-premises licence relates
- 112 Obtaining liquor by false representation
- 113 Carrying liquor for sale
- 114 Sale of liquor through internet or by other communication media
Division 1A - Responsible service of alcohol training courses
- 114A Definitions
- 114B Conditions of approval to conduct training courses
- 114C Prohibition on granting interim certificates to unqualified persons
- 114D Prohibition on providing training courses without approval
Division 1B - Same day liquor deliveries
- 114E Definitions
- 114F Meaning of "same day delivery"
- 114G Meaning of "same day delivery provider"
- 114H Restrictions on same day deliveries
- 114HA Age to be verified when agreement made for same day delivery
- 114I Evidence of identity and age required for same day deliveries
- 114J Liquor not to be supplied to intoxicated person
- 114K Liquor not to be supplied in alcohol-free zones, alcohol prohibited areas or restricted alcohol areas
- 114L Cut-off time for deliveries
- 114M Records to be kept about refusal to deliver liquor
- 114N Employees and agents not to be penalised for refusal to deliver in particular circumstances
- 114O Self-exclusion
- 114P Training of persons making same day deliveries
- 114Q Same day delivery providers liable for acts of employees and agents
- 114R Review of regulation of liquor deliveries
Division 2 - Restricted alcohol areas
- 115 Declaration of restricted alcohol area
- 116 Provisions relating to making of regulations declaring restricted alcohol areas
Division 3 - (Repealed)
NoneDivision 4 - Prescribed precincts
- 116B Interpretation
- 116C Prescribed precincts 116D, 116E. (Repealed)
- 116F Temporary banning orders--licensed premises in prescribed precinct and adjacent precincts
- 116G Long-term banning orders--high risk venues
- 116H Administrative review by Civil and Administrative Tribunal of long-term banning orders
- 116I Regulatory controls for licensed premises in prescribed precincts
PART 7 - SPECIAL PROVISIONS RELATING TO MINORS
Division 1 - Underage drinking
- 117 Offences relating to sale or supply of liquor to minors
- 118 Offences relating to consumption etc of liquor by minor
- 119 Licensee not to allow minors to sell or supply liquor on licensed premises
- 120 Responsible adult not to allow minor to consume liquor on licensed premises
Division 2 - Minors on licensed premises
- 121 Minors in hotels in company of responsible adult
- 122 Functions for minors in hotels and public entertainment venues
- 122A Minors in small bars
- 123 Minor not to enter or remain in certain licensed premises
- 124 Licensee not to allow minors to enter or remain in certain licensed premises
- 125 Responsible adult not to leave minor unaccompanied on licensed premises
- 126 Minors must be refused entry to licensed premises
- 127 Notices to be displayed in relation to minors on licensed premises
Division 3 - Other provisions relating to minors
- 128 Minor required to provide information
- 129 Minor must not use false evidence of age
- 130 Minors not to be detained
Division 4 - (Repealed)
NonePART 8 - LIQUOR ACCORDS
Division 1 - Local liquor accords
- 131 Definitions
- 132 Eligible parties to local liquor accord
- 133 Establishing local liquor accord
- 134 Terms of local liquor accords
- 135 Registration and termination of local liquor accord
- 136 Requirement to contribute to costs of implementing local liquor accord
Division 2 - Precinct liquor accords and community event liquor accords
- 136A General provisions
- 136B Secretary may approve liquor accords for designated precincts
- 136C Secretary may approve liquor accords for community events
- 136D Content of precinct and community event liquor accords
- 136E Requirement to participate in precinct or community event liquor accord
- 136F Precinct liquor accord contributions and fund
PART 9 - DISCIPLINARY ACTION
- 137 Interpretation
- 138 Secretary may carry out inquiries and investigations in relation to complaints and proposed complaints
- 139 Grounds for making complaint
- 140 Procedure for taking disciplinary action
- 141 Disciplinary powers of Authority
- 142 Procedure for implementing disciplinary action
- 143 Requirement for legal member of Authority to be present
- 144 Administrative review by NCAT of decisions by Authority under this Part
PART 9A - DEMERIT POINTS SCHEME
Division 1 - Preliminary
- 144A Part 9 not affected
- 144B Definitions
- 144C Committing demerit offence
Division 2 - Demerit points register
- 144D Demerit points register
- 144E Secretary to record demerit points incurred or imposed
- 144F Secretary may publish details from demerit points register
- 144G When demerit points come into force or expire
Division 3 - Incurring and imposition of demerit points
Subdivision 1 - Demerit points incurred for demerit offences- 144H Demerit points incurred for demerit offences--licensed premises other than club premises
- 144I Demerit points incurred for demerit offences--club premises
- 144J Notice of demerit points incurred Subdivision 2 - Demerit points imposed for prescribed complaints
- 144K Definition
- 144L Authority may impose demerit points in relation to prescribed complaints
- 144M Notice of proposed demerit points
- 144N Decision about imposition of demerit points
- 144O Authority to give notice of decision
Division 4 - Remedial action for accumulation of demerit points
Subdivision 1 - Remedial action for accumulation of demerit points--licensees or managers of licensed premises- 144P Remedial action--accumulation of 2-3 demerit points
- 144Q Remedial action--accumulation of 4-5 demerit points
- 144R Remedial action--accumulation of 6 or more demerit points Subdivision 2 - Remedial action for accumulation of demerit points--licences other than club licences
- 144S Definition
- 144T Remedial action--accumulation of 2-3 demerit points
- 144U Remedial action--accumulation of 4-5 demerit points
- 144V Remedial action--accumulation of 6 or more demerit points Subdivision 3 - Remedial action for accumulation of demerit points--club licences
- 144W Remedial action--accumulation of 2-3 demerit points
- 144X Remedial action--accumulation of 4-5 demerit points
- 144Y Remedial action--accumulation of 6 or more demerit points Subdivision 4 - General provisions
- 144Z Notice of proposed remedial action
- 144ZA Requirements for deciding to take remedial action
- 144ZB Provisions relating to conditions imposed on licences under Subdivision 2 or 3
Division 5 - Removal and reinstatement of demerit points
- 144ZC Application by licensee or manager of licensed premises to remove a category 1 demerit point
- 144ZD Application to remove demerit points
- 144ZE Deciding application to remove demerit points
- 144ZF Reinstatement of demerit points
Division 6 - General provisions
- 144ZG Submissions not to be used for prosecuting offences
- 144ZH Administrative review by NCAT
- 144ZI Effect of appeals against convictions for demerit offences
PART 9B - ENFORCEABLE UNDERTAKINGS
PART 10 - CRIMINAL PROCEEDINGS AND RELATED MATTERS
- 145 Proceedings for offences
- 146 Time within which proceedings for offences may be commenced 147. (Repealed)
- 148 Additional penalties may be imposed by court
- 149 Licensees and managers liable for act of employees etc
- 149A General defence available to managers of club premises
- 150 Penalty notices
- 151 Forfeiture and seizure of liquor and other things
- 152 Evidentiary provisions
PART 11 - MISCELLANEOUS PROVISIONS
153. (Repealed)- 154 Review of disqualification by Authority 155. (Repealed)
- 156 Report by Authority on liquor licensing matters
- 157 Delegations
- 158 Crown not liable for any compensation
- 159 Regulations
- 160 Savings and transitional provisions
- 161 Repeals
- 162 Review of Act 163, 163A. (Repealed)
PART 12 - SPECIAL PROVISIONS RELATING TO COVID-19 PANDEMIC
- 164 Purpose
- 165 Definitions
- 166 Local councils to have temporary powers to encourage use of outdoor space
- 167 Repeal of Part
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3 Schedule 5 (Repealed)