"accommodation premises" means premises that provide temporary accommodation
to travellers and includes a bed and breakfast establishment, but does not
include a boarding house, lodging house, nursing home, caravan park or any
other type of premises prescribed by the regulations for the purposes of this
definition.
"adult" means a person of or above the age of 18 years.
"airport" means a public airport established and maintained by a local
council.
"beer" means liquor that is beer, ale, lager, pilsener, porter, stout or any
other fermented malt liquor or any fermented liquor made from hops or that for
the purposes of sale is held out to be beer.
"category 1 demerit offence" means an offence against--
"dining area" , in relation to licensed premises, means a part of the
licensed premises used permanently and primarily for the consumption of meals
at tables.
"disturbance complaint" , for Part 5, Division 3 and Schedule 1, clause
71--see section 79B(1).
"drink on-premises authorisation" means an authorisation referred to in
section 50.
"employ" includes engage under a contract for services.
Example--: a person
engaged by a licensee under a contract to provide catering at a
registered club
(b) a person employed by a person mentioned in paragraph (a).
"evidence of age document" for a person means any of the following documents
that bears a photograph of the person and that indicates (by reference to the
person's date of birth or otherwise) that the person has attained a particular
age, but does not include any such document that has expired or otherwise
appears not to be in force--
(a) a motor vehicle driver or rider's licence or
permit issued by Transport for NSW under the Road Transport Act 2013 or by
the corresponding public authority of another State or Territory or under the
law of another country,
(b1) a digital Photo Card within the meaning of Part 2A of the
Photo Card Act 2005 ,
(c) a document (referred to as
"an existing RTA proof of age card" ) issued by the Roads and Traffic
Authority under section 117EA of the Liquor Act 1982 and in force immediately
before the repeal of that section by this Act,
Note : Existing RTA proof of
age cards cease to be valid for any purpose on 14 December 2008--see Division
3 of Part 2 of Schedule 1 to this Act.
(d) a proof of age card (however
described) issued by a public authority of the Commonwealth or of another
State or Territory for the purpose of attesting to a person's identity and
age,
(e) an Australian or foreign passport,
(f) any other class of document
prescribed by the regulations for the purposes of this definition.
"financial institution" means a bank or authorised deposit-taking institution.
"function" means any dinner, ball, convention, seminar, sporting event, race
meeting, exhibition, performance, trade fair or other fair, fete or carnival,
or any other event or activity, that is conducted for public amusement or
entertainment or to raise funds for any charitable or other purpose and, in
relation to a surf life saving club, includes any gathering of members of the
club (and their guests) organised by the club for social purposes.
"hotelier" means the holder of a hotellicence under this Act.
"incentivised event" means--
(a) an event prescribed by the regulations, or
(b) a live music performance or other arts and cultural event designated by
the Secretary, in accordance with the regulations, to be an
incentivised event.
(c) in the case of a high risk venue within the meaning of
section 116B--a person appointed by the licensee, in accordance with licence
conditions imposed by the regulations under section 116I, to be present in the
venue in accordance with those conditions.
"meal" means a genuine meal consumed by a person at a dining table and
includes, in the case of an on-premises licence that relates to
accommodation premises--
(a) a meal supplied by the proprietor for immediate
consumption (otherwise than at a dining table) on or away from the premises,
and
(b) a picnic-style hamper supplied by the proprietor for consumption
(otherwise than at a dining table) away from the premises on the same day as
it is supplied.
"minor" means a person who is under the age of 18 years.
"minors area authorisation" means an authorisation referred to in section 121.
"minors functions authorisation" means an authorisation referred to in
section 122.
"navigable waters" --
(a) means all waters that are, from time to time,
capable of navigation and open to or used by the public for navigation,
whether on payment of a fee or otherwise, but
(b) does not include flood
waters that have temporarily flowed over the established bank of a
watercourse.
"non-proprietary association" means--
(a) an incorporated or unincorporated
body or association of persons (including a club) that, by its constitution or
any law that governs its activities--
(i) is required to apply its profits (if
any) and other income to the promotion of its objects or to purposes provided
for by any such law, and
(ii) is prohibited from paying dividends, or
distributing profits or income, to its shareholders or members, or
(b) a person
who is authorised by the law of another State or Territory to sellliquor, or
(c) any person who sells or supplies liquor (whether in New South Wales or
elsewhere) but is not required by this Act to hold a licence in respect of the
sale or supply of liquor in New South Wales, or
(d) a person who is
prescribed by the regulations, or who is of a class of persons prescribed by
the regulations, for the purposes of this definition.
"public entertainment venue" means any of the following--
(a) a cinema,
(b) a
theatre,
(c) premises in respect of which the primary business or activity is
the provision of entertainment to members of the public by a person who is
physically present on the premises and is actually providing the
entertainment.
"published cumulative impact assessment" , for Division 5 of Part 4--see
section 72A.
"racing club" means a body (whether incorporated or unincorporated) registered
as a racing club by Racing New South Wales, Harness Racing New South Wales or
Greyhound Racing New South Wales.
"registered club" means a club that holds a club licence under this Act.
"related authorisation" , for Division 5 of Part 4--see section 72A.
(a) if the licensee is a
corporation--a corporation that, within the meaning of the Corporations Act
2001 of the Commonwealth, is a related body corporate of the licensee, or
(b)
if the licensee is an individual--a corporation--
"relevant licence" , for Division 5 of Part 4--see section 72A.
"relevant stakeholders" , for Division 5 of Part 4--see section 72A.
"resident" of licensed premises means a person (other than the licensee) who
resides, or is staying overnight in, a part of the premises that has been set
aside for the purposes of accommodation.
"responsible adult" , in relation to a minor, means an adult who is--
(a) a
parent, step-parent or guardian of the minor, or
(d) a person acting or purporting to act on behalf
of the licensee or manager.
"restaurant" means premises (however described) in respect of which the
primary purpose is the business of preparing and serving meals to the public.
"restricted alcohol area" means any part of the State declared by the
regulations under section 115 to be a restricted alcohol area for the purposes
of this Act.
"restricted trading day" means Good Friday or Christmas Day.
"same day delivery" , for Division 1B of Part 6--see section 114E.
"same day delivery provider" , for Division 1B of Part 6--see section 114E.
"Secretary" means the Secretary of the Department of Enterprise, Investment
and Trade.
"statement of risks and potential effects" --see section 48(1).
"supply" includes dispose of or deliver.
"surf life saving club" means a body (whether incorporated or unincorporated)
that provides surf life saving services to members of the public in New South
Wales.
"tasting" , in relation to liquor, means sampling a small amount of a
particular product (including such an amount as may be prescribed by the
regulations) usually for the first time or for the purpose of deciding whether
to purchase a larger quantity of the product (or both), but does not include
sampling to the extent that it is no longer ancillary to the primary purpose
for which customers or intending customers are being supplied with the
product, namely purchasing the product for consumption away from the
licensed premises concerned.
(c) any higher education provider (within the meaning of Division 16 of
Part 2-1 of the Higher Education Support Act 2003 of the Commonwealth)
prescribed by the regulations.
"trading hours" of licensed premises means the times during which, subject to
this Act and the conditions of the licence, the sale or supply of liquor on
the premises is authorised.
(2) In this Act, a reference to the
"exercise of a function" (except in the context of a function as defined in
subsection (1)) includes a reference to the exercise or performance of a
power, authority or duty.
(3) Notes included in the text of this Act do not
form part of this Act.