New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 July 2008
- Act 147 of 1982
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
2A. Liquor harm minimisation is a primary object of this Act
2B. (Repealed)
3. Savings and transitional provisions
4. Definitions
4A. Meaning of “close associate”
4B. Corporate licences—interpretation
4C. Motels
5. Prescribed places
6. Application of Act
6A. Director of Liquor and Gaming
6B. Delegations
PART 2 - THE LICENSING COURT
7. Licensing Court of New South Wales
8. Appointment of licensing magistrates
9. Constitution of the court at first instance
10. Constitution of the court on appeal
11. Sittings of the court
12. Procedure before Licensing Court
13. Contempt of the court
14. Adjournments
15. Amendment of documents
16. Costs
17. Registrars of the court
17A. Nature of disciplinary jurisdiction of court
17B. (Repealed)
PART 3 - LICENCES
Division 1 - Classes of licences
18. Court may grant licences
18A. Minister may authorise issue of special event licences
19. Governor’s licences
Division 2 - Duration and conditions of licences
19A. Duration of licences
19B. (Repealed)
20. Conditions of licences
20A, 20B. (Repealed)
21. Hotelier’s licence—miscellaneous conditions
21AA. (Repealed)
21A. Australian wine licences
21B. Community liquor licence—miscellaneous conditions
22. Off-licence—miscellaneous conditions
23. On-licence—miscellaneous conditions
23A. Caterer’s licence—miscellaneous conditions
23AA. Nightclub licence—miscellaneous conditions
23AB. On-licence to sell liquor at function—miscellaneous conditions
23AC. On-licence to sell liquor at function—nominee of licensee in exceptional circumstances
23AD. Restaurant and nightclub licences—dine-or-drink authority
23AE. Restaurant licence—consumption of liquor away from table
Division 3 - Trading hours
23AF. Special trading hours for millennium celebration period
24. Hotelier’s licence—trading hours
24A. Extended hotel trading hours—2007 Rugby World Cup
24B. Hotel trading hours on Sundays when special events are held
25. Hotelier’s licence—variation of trading hours
25A. Community liquor licence—trading hours
26. Off-licence—trading hours
27. Off-licence (retail)—variation of trading hours
28. On-licence (airport)—trading hours
29. On-licence (function)—trading hours
30. On-licence (public hall)—trading hours
31. On-licence (restaurant)—trading hours
32. On-licence (restaurant)—variation of trading hours
33. On-licence (theatre)—trading hours
34. On-licence (university)—trading hours
35. On-licence (vessel or aircraft)—trading hours
35A. On-licence (vessel)—variation of trading hours
35B. Caterer’s licence—trading hours
35C. Nightclub licence—trading hours
35D. Nightclub licences—variation of trading hours
35E. Reduction of trading hours for certain nightclub licences
Division 4 - Making of applications
36. Restrictions on liquor licence applications
36A. (Repealed)
37. Making of application
37A. On-licence to sell liquor at function—applicant for licence
37B. On-licence to sell liquor at function (other than a trade fair)—application for licence or additional function
37C. Community liquor licence—applicant for licence
38. Affidavit as to interested persons
39. (Repealed)
40. Application for conditional grant
41. Application for transfer of licence
42. Application on dispossession of licensee
42A. Fee for application for transfer of licence
Division 4A - Investigation of applications
42B. Principal Registrar to refer certain applications to Director
42C. Investigations by Director
42D. Director may require further information
Division 5 - Objections to applications
43. Definition
44. Right of objection to application
45. Grounds of objection
46. Taking of objection
47. Grant of application is discretionary in certain cases
47A. Refusal of application—responsible service standards
Division 6 - Grant of applications
48. Application of Division
49. Grant of hotelier’s licence—accommodation
49A. (Repealed)
49B. Grant of community liquor licence
49C. Grant of off-licence (retail)
50. Grant of on-licence (airport)
51. Grant of on-licence to sell liquor at function or of approval for additional function
51A. Functions authorised by permanent on-licence (function)
51B. Functions authorised by temporary on-licence (function)
52. Grant of on-licence (public hall)
53. Grant of on-licence (restaurant) and associated matters
53A. Grant of motel licence
54. Grant of on-licence (theatre)
54A. Limitation of on-licences for university
54B. Grant of caterer’s licence
54BA. Grant of nightclub licence
54C. Application to be refused if name objectionable
55. Issue of licence
55A. Issue of licence on instalment plan
56. Fee for grant of licence
56A. Additional fees payable on variation of conditions of certain licences
56B. Annual fee for community liquor licence
56C. Annual fee for hotelier’s licence or off-licence (retail)
57. Removal of hotelier’s licence or off-licence (retail)
58. Duration of conditional grant
59. (Repealed)
60. Final grant of application
61. Grant of transfer of licence
61A. Refusal of application for transfer of licence—responsible service standards
62. Applications of equal merit
62A. Director’s report required before application may be granted
Division 6A - Social impact assessment process
62B. Application of Division
62C. Social impact assessment required before relevant application may be granted
62D. Requirements in relation to social impact assessments
62E. Advertising of social impact assessment
62F. Approval of social impact assessment
Division 7 - Death or disability of licensee
63. Endorsement of licence after death or disability of licensee
64. Grant of application for endorsement of licence
65. Transfer of licence after death or disability of licensee
Division 8 - Disciplinary provisions
66. Interpretation
66A. Director may investigate licensee and others
67. Summons to show cause against taking of disciplinary action
68. Grounds for complaint
68A. Complaints against close associates
69. Disciplinary powers of court
Division 8A - Appointment of managers by body corporate licensees
69A. Application of Division
69B. Appointment of managers
69C. Restrictions on who may be appointed as manager
69D. Court approval of manager
69E. How appointments are made and revoked
Division 8B - Appointment of managers for licensed premises in special areas
69EA. Application of Division
69EB. Restrictions on who may be appointed as manager of licensed premises in special area
69EC. Notification of appointment of managers
Division 8C - General provisions relating to managers of licensed premises
69F. Responsibilities and liabilities of managers of licensed premises
69G. Liability of licensee for contravention by manager
69H. Liability of directors etc of body corporate licensee
Division 9 - General
70. Record of licences
71. Duplicate licence
71A. Endorsements on licences
PART 4 - LIQUOR ADMINISTRATION BOARD
72. Constitution of Board
73. Procedure at meeting of Board
74. Functions of Board
74A. Certificate of suitability for on-licence
75. Delegation of powers etc of Board
76. Disposal of money by Board
76A. Date of payment by direct deposit
77. Annual report of Board
PART 5 - (Repealed)
None
PART 6 - LICENSED PREMISES
87. (Repealed)
88. Reception areas
89. (Repealed)
90. Boundaries of licensed premises
91. Name of licensed premises
91A, 92. (Repealed)
93. Temporary premises
94–96. (Repealed)
97. Breath analysis equipment
98. Authority to be on licensed premises
99. Apportionment of cost of compulsory alterations
100. Common inns
101. Control of licensed premises
101A. (Repealed)
102. Directions concerning premises to which dine-or-drink authority relates
103. Exclusion of persons from licensed premises
104. Quiet and good order of neighbourhood
104A. Order by authorised officer for short-term closure of premises
104B. Urgent application for order under section 104A
104C. Order by court for closure of premises
104D. Further closure orders
104E. Local liquor accords
105. Breach of the peace
PART 6A - KEY OFFICIALS
105A. Restrictions relating to key officials
105B. Restrictions relating to former key officials
PART 7 - INSPECTORS
106–108. (Repealed)
109. Special inspectors
110. Powers of entry, inspection and seizure
110A. Dealing with seized documents
110B. (Repealed)
111. Obstruction
PART 7A - MINORS
Division 1 - Functions for minors on licensed premises
111A. Functions for minors on licensed premises
111B. Procedure for grant of minors functions authority
111C. Conditions of minors functions authority
111D. Complaints relating to minors functions authority
111E. Fees for certain applications
112. Authority for use of part of premises by minor in company of responsible adult
Division 2 - Offences relating to minors
113. Minor using false evidence of age
114. Sale or supply of liquor to a minor
115. Consumption etc of liquor by minor
116. Sale or supply of liquor by a minor
116A. Offences by minors in hotels, nightclubs and restaurants
116B. Offences by licensees in relation to minors
116C. Notices to be displayed
116D. Offence by adult accompanying minor
117. (Repealed)
117A. Minor required to provide information
117B. Entry on licensed premises by minor
117C, 117D. (Repealed)
117E. Reasonable evidence of age
117EA. Proof of age cards
117EB. Manufacturing false proof of age cards
117EC. Giving or lending proof of age cards
117ED. Tampering with proof of age cards
117F. (Repealed)
117G. Minors not to be detained
117H. Minors passing through restricted area of hotel
117I. Sale of undesirable liquor products
117J. Director may prohibit undesirable promotion of liquor
PART 8 - OFFENCES ETC
Division 1 - Offences
118. Closing of restricted areas and certain other areas
119. Sale etc of liquor outside trading hours
120. Person on licensed premises outside trading hours
121. Unauthorised sale of liquor by licensee
122. Sale of liquor without licence
123. Unlicensed premises
124. Brewers to be licensed
125. Conduct on licensed premises
125A. Production of licence
125B. Holding more than one licence or holding certain interests
125C. Responsible service
125D. (Repealed)
125E. Sale of stolen goods and possession, use or sale of drugs not to be permitted on licensed premises
125F. (Repealed)
126. Gaming on licensed premises
126A. Prohibition on extension of credit for gambling
126B. Misrepresentation or misdescription of credit transactions
127. Sign on unlicensed premises
128. Sale of liquor through internet or by other communication media
129. Failure to pay for liquor, meals etc
130. Liquor at auction sale
131. Carrying away of liquor
132. Obtaining liquor by false representation
133. Liquor in unregistered club
134. Persons within unregistered club
135. Carrying of liquor for sale
136. Communication between licensed and unlicensed premises
137–138E. (Repealed)
139. False or misleading statements
Division 2 - Evidence
140. Averments
141. Evidence of certain matters
142. Licensee taking liquor off premises outside hours
Division 3 - General
142A. Proof of certain matters
143. General penalty
143A. Additional penalties
144. Licensee liable for act of employee etc
145. Proceedings for offences
145A. Penalty notices
145B. (Repealed)
145C. Application of certain Acts
PART 9 - APPEALS AND REVIEWS
146. Appeal to Supreme Court on question of law
147. Appeal to District Court from conviction
148. Appeal to Licensing Court against decision of Court
149. Appeal against suspension or cancellation of licence
149A. Review of disqualification of more than 3 years
PART 10 - MISCELLANEOUS
150. Courses of instruction
150A. Protection from personal liability
150B. (Repealed)
151. Search warrants
151A. Summons may be served by post
151B. Service by post
152. Forfeiture of liquor and other things
152A. Confiscation of proof of age cards
153. Redemption of mortgaged premises
154. (Repealed)
154A. Civil proceedings
154B. (Repealed)
154C. Evidence
155. Notices
155A. Secrecy
155B, 155C. (Repealed)
156. Regulations
PARTS 11–13 - (Repealed)
None
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6