New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) Subject to this Act, the court may grant a licence in a form approved by the Board authorising the licensee to sell liquor on the premises specified in the licence.
(2) The court may, under subsection (1), grant:(a) a hotelier’s licence, being a licence that is granted as a hotelier’s licence and, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises,(b) an off-licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption otherwise than on those premises,(c) an on-licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises, or(d) a caterer’s licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor at a function, occasion or event held on any premises, or part of premises, on which the licensee provides catering services, but only for consumption on those premises, or(e) a nightclub licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises, or(f) a community liquor licence, being a licence that is granted as a community liquor licence and, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises.
(3) An off-licence may be:(a) a licence to sell liquor by retail,(b) a licence for a vigneron,(c) a licence to sell liquor to persons authorised to sell liquor,(d) a licence for a brewer, or(e) a licence to auction liquor on behalf of a person not authorised to sell liquor.
(4) The premises in relation to which an on-licence (other than an on-licence to sell liquor at a function) may be granted are:(a) premises at an airport,(b) a public hall,(c) a restaurant,(c1) a motel,(d) a theatre,(e) premises within a university that are occupied by a union, association or club within the university,(f) a vessel or an aircraft, and(g) any premises in respect of which a certificate given by the Board under section 74A is in force.
(5) An on-licence to sell liquor at a function may be:(a) an on-licence (referred to in this Act as a "permanent on-licence (function)") that is granted on a permanent basis for the purposes of functions to be held while the licence is in force, or(b) an on-licence (referred to in this Act as a "temporary on-licence (function)") that is granted on a temporary basis for the purposes of not more than 3 functions to be held during the year in which the licence is in force.
(5A) An on-licence to sell liquor at a function may only be granted to:(a) a person on behalf of a non-proprietary association, or(b) a person in respect of a trade fair.
(5B) A permanent on-licence (function) authorises the licensee to sell and supply liquor at:(a) the functions approved by the court when granting the licence to be held within the first year during which the licence is in force, and(b) any additional functions approved by the court on application subsequently made by the licensee.
(5C) A temporary on-licence (function) authorises the licensee to sell and supply liquor at not more than 3 functions approved by the court when granting the licence.
(5D) A community liquor licence may be granted only to a person on behalf of a non-proprietary association.
(6) On application by the holder of a hotelier’s licence, the court (or, if there is no objection to the application, the registrar) may authorise the sale of liquor at a function to be held on premises other than the premises to which the hotelier’s licence relates. The application must be dealt with as prescribed by the regulations and is to be granted only if the court or the registrar is satisfied that the circumstances in which the function concerned is proposed to be held comply with any prescribed requirements.
(6A) The provisions of section 51 apply to an application under subsection (6) in the same way as they apply to an application for a temporary on-licence (function).
(6B) On the granting of an application under subsection (6):(a) the hotelier’s licence is taken, for the purpose of authorising the sale of liquor at the function concerned, to operate as a temporary on-licence (function), and(b) the conditions prescribed by section 23AB and section 51B (2) apply to the hotelier’s licence, except as provided by subsection (6C), and(c) the provisions of sections 23AC and 29, and any conditions prescribed by the regulations, apply in respect of the function.
(6C) If a function referred to in subsection (6) is held on premises that are adjacent to the premises to which the hotelier’s licence relates, the conditions prescribed by section 23AB (5) may be complied with as though the reference in those conditions to the licensee were a reference to an employee or agent of the licensee.
(7) Notwithstanding anything in this Act, the authority conferred by a licence referred to in subsection (3) (a), (b) or (c) extends to supplying liquor to customers and intending customers for consumption on the licensed premises if the liquor:(a) is liquor that the licensee is authorised to sell,(b) is supplied gratuitously, and(c) is consumed for tasting purposes only.
(8) Notwithstanding subsection (3) (c), the authority conferred by a licence referred to in that paragraph includes authority, to the extent provided in section 22 and subject to section 22 (2A), to sell liquor to employees of the licensee.
(9) Subsections (1) and (2) do not authorise the court to grant a new hotelier’s licence unless it is satisfied that an existing hotelier’s licence is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.
(10) Subsections (1) and (2) do not authorise the court to grant a new off-licence of the kind referred to in subsection (3) (a) unless it is satisfied that an existing off-licence of that kind is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.
(10A) Subsections (1) and (2) do not authorise the court to grant an on-licence in relation to premises if the grant of the licence will result in there being an on-licence in force in relation to a motel at the same time as a separate on-licence is in force in relation to a restaurant at the motel.
(11) Unless at least 1 month’s notice of intention to do so is given as prescribed, an objection or question based on subsection (9) or (10) may not be made or raised at the hearing of an application.
(12) The jurisdiction of the court to grant a motel licence may be exercised by the Principal Registrar if there is no objection to the grant of the licence.
(13) The following provisions of this Act and the regulations apply to and in respect of a motel licence in the same way as they apply to and in respect of a hotelier’s licence:(a) provisions of the regulations as to the making, advertising and lodging of an application for a licence and as to the documents required to accompany such an application.