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LIQUOR ACT 2007

- As at 7 July 2017
- Act 90 of 2007

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   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
   13.     Special events extended trading period for hotels and clubs

           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 - Temporary freeze on licences and other authorisations

   47A.    Definitions
   47AA.   Small bars excluded
   47AB.   Premises excluded by regulations
   47B.    Restrictions on granting new licences
   47C.    Restrictions on granting extended trading authorisations
   47D.    Restrictions on varying or revoking licence conditions
   47E.    Restrictions on granting authorisations under section 24 (3)
   47F.    Restrictions on approving licence removals
   47G.    Restrictions on changing boundaries of premises
   47H.    Restrictions on licence conditions imposed by Secretary
   47I.    Restrictions on granting development consent in relation to subject premises
   47J.    Regulations

           Division 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
   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

   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.     Directions 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 complaints

   79.     Making of complaint
   80.     Dealing with complaints
   81.     Decision by Secretary in relation to complaint

           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
   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 extension of credit for gambling
   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 2 - Restricted alcohol areas

   115.    Declaration of restricted alcohol area
   116.    Provisions relating to making of regulations declaring restricted alcohol areas

           Division 3 - Kings Cross precinct

   116AA.  Interpretation
   116AB.  Kings Cross precinct ID scanner system
   116AC.  High risk venues-licence conditions relating to ID scanning
   116AD.  Temporary banning orders-licensed premises in Kings Cross precinct and adjacent precincts
   116AE.  Long-term banning orders-high risk venues
   116AF.  Review by Civil and Administrative Tribunal of long-term banning orders
   116A.   Regulatory controls for licensed premises in the Kings Cross precinct

           Division 4 - Prescribed precincts

   116B.   Interpretation
   116C.   Prescribed precincts
   116D.   Prescribed precinct ID scanner system
   116E.   High risk venues-licence conditions relating to ID scanning
   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
   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 - Additional sanctions for selling liquor to minors on licensed premises

   130A.   Operation of Division
   130B.   Interpretation
   130C.   Secretary may suspend licence for first offence
   130D.   Automatic 28-day licence suspension for second offence
   130E.   Automatic licence cancellation for third offence

   PART 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 proposed complaint
   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 - DISCIPLINARY ACTION-3 STRIKES

           Division 1 - Preliminary

   144A.   Part does not limit Part 9
   144B.   Definitions
   144C.   Committing a prescribed offence

           Division 2 - Strikes

   144D.   Incurring strikes
   144E.   1 or 2 strikes-remedial action
   144F.   3 strikes-remedial action
   144G.   Matters to be considered by Secretary and Authority

           Division 3 - Reviews and appeals

   144H.   Reviews generally
   144I.   Reviews by Authority
   144J.   Appeals
   144K.   Review of Part

   PART 10 - CRIMINAL PROCEEDINGS AND RELATED MATTERS

   145.    Proceedings for offences
   146.    Time within which proceedings for offences may be commenced
   147.    Maximum penalties for certain offences
   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
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5


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