New South Wales Consolidated Regulations

LIQUOR REGULATION 2008

- Made under the Liquor Act 2007
- As at 20 January 2012
- Reg 240 of 2008

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - APPLICATION FEES

   4.      Application fees generally
   5.      Other application fees

   PART 3 - PROVISIONS RELATING TO APPLICATIONS

           Division 1 - Advertising requirements

   6.      Definitions
   7.      Occupiers of neighbouring premises to be notified of application
   8.      Other persons to be notified of application
   9.      Notice relating to application to be fixed to premises

           Division 2 - Community impact statements

   10.     Categories of CIS
   11.     Preparation of CIS-consultation requirements

           Division 3 - General

   12.     Submissions in relation to applications
   13.     Referral of licence applications to Director
   14.     Advertising of other applications
   15.     Applications for certain licence-related authorisations
   16.     Information relating to persons interested in licensee’s business

   PART 4 - LICENCES AND LICENSED PREMISES-MISCELLANEOUS PROVISIONS

   17.     General bar licence-other forms of gambling prohibited
   18.     On-premises licence-excluded premises
   19.     On-premises licence-authorisations allowing liquor to be sold without another product or service
   20.     On-premises licence-authorisation to trade on premises other than licensed premises
   21.     On-premises licence-authorisation to sell liquor for consumption away from licensed premises
   22.     Licensed cinemas and theatres
   22A.    Trading past midnight on morning of restricted trading day
   23.     Notice relating to wine shows and producers’ markets or fairs
   24.     Requirements relating to producers’ markets or fairs
   25.     Wine producers-prescribed percentage of wine that is licensee’s own product
   26.     Multiple premises of wine producers
   27.     Incident registers
   28.     Closure of licensed premises by Authority
   29.     Display of name of licensed premises
   30.     Licensees required to provide biennial return
   31.     Sale or supply of liquor to minors prohibited-notice to be displayed in licensed premises
   32.     Sale of liquor through Internet site-notice to be displayed
   33.     Bar areas of hotels and clubs
   34.     Use of certain areas by accompanied minors-notice to be displayed in hotels and licensed public entertainment venues
   35.     Breath analysis instruments
   36.     Display and availability of licence and licence-related authorisations
   37.     Requirement to provide information relating to persons interested in licensee’s business
   38.     Resumption of trading-requirement to notify Authority
   38A.    Extended trading periods for hotels and clubs
   38B.    (Repealed)

   PART 5 - PROVISIONS RELATING TO THE RESPONSIBLE SALE, SUPPLY, SERVICE AND PROMOTION OF LIQUOR

           Division 1 - Responsible service of alcohol (RSA) training

   39.     Definitions
   39A.    Issue of recognised competency cards
   39B.    Issue of replacement existing RSA certificates
   39C.    Expiry of recognised RSA certifications
   39D.    Inspection of recognised RSA certification
   40.     Obligations of licensee as to responsible service of alcohol
   41.     Obligations of staff members as to responsible service of alcohol
   42.     Obligations in relation to persons carrying on certain security activities
   43.     Conduct of promotional activities
   44.     Licensee to keep register of existing RSA certificates
   45.     Applications for approvals to conduct RSA training courses
   46.     Decision on application
   47.     Conditions of approval to conduct RSA training courses
   48.     Term of approval to conduct approved RSA training courses
   49.     Variation, suspension and cancellation of approvals to conduct approved RSA training courses
   49A.    Additional approval to provide an approved RSA training course online

           Division 2 - Miscellaneous harm minimisation measures

   50.     Discount liquor promotions or advertisements
   51.     Drinking water to be available free of charge where liquor served
   52.     Undesirable liquor products
   53.     Codes of practice

           Division 3 - (Repealed)
           None

   PART 6 - TRANSITIONAL PROVISIONS

   54.     Existing on-licences that are converted to on-premises licences-exceptions from primary purpose test in certain cases
   55.     Existing off-licences for vignerons
   56.     Existing community liquor licences
   57.     Existing Australian wine licences
   58.     Residual existing licences
   59.     Certain conditions not applicable to existing licences and converted club licences
   60.     Existing dine-or-drink authorities
   61.     Granting of pending applications under former Act
   62.     Applications for licences requiring SIAs under former Act
   63.     Pending applications and matters under former Act-ancillary provisions
   64.     Re-submission of applications made under former Act-Authority may waive application fee
   65.     Time limit for determining pending matters before former Board
   65A.    Existing reviews by Authority of Director-General’s decisions

   PART 7 - MISCELLANEOUS

   66.     Additional substances prescribed as liquor
   67.     High alcohol-based food essences prescribed as liquor for certain purposes
   68.     Definition of “non-proprietary association”
   69.     Definition of “person authorised to sell liquor”
   70.     Exemption from the Act relating to the sale of liquor by auction-prescribed requirements
   71.     Exceptions from requirement that hotel or on-premises licence cannot operate as invitation-only venues
   72.     Local liquor accords
   73.     Disciplinary action-persons authorised to make complaints
   74.     Penalty notice offences and penalties
   75.     Denial of allegation as to age
   76.     Application for review by Authority of Director’s decisions
   77.     Application for review of disqualification by Authority
   78.     Exceptions to 6-hour closure requirement
   79.     Extension of temporary freeze on licences and other authorisations
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)