New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 25

25 Hotelier’s licence-variation of trading hours

(1) The court may, as provided by this section, vary the trading hours for particular premises to which a hotelier’s licence relates.

(1A) An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.

(2) If application is made for a variation of trading hours by extending them to permit the sale or supply of liquor for consumption on the licensed premises from midnight on a day other than a restricted trading day to a time not later than 5 am on the next succeeding day, the court may grant the variation only if satisfied that to do so would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(2A) An application may not be granted under subsection (2) for an extension of trading hours from midnight on a Sunday unless:

(a) the licensed premises concerned are within the area constituting the City of Sydney as at the commencement of this subsection or front onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street-Darlinghurst) or are situated within an area bounded by those streets or parts of streets, or are within the Kosciusko National Park, and

(b) the court is satisfied that the extension of trading hours is necessary or desirable to meet the needs of tourists and tourism.

(2B) In the case of licensed premises referred to in subsection (2A), a single application may be made under this section to cover each of the variations of trading hours provided for under subsection (3) and from midnight on a Sunday under subsection (2).

(3) If application is made for a variation of trading hours by extending them to permit the sale or supply of liquor on a Sunday that is not a restricted trading day from a time earlier than 10 am but not earlier than 5 am or from 10 pm to a time not later than midnight, the court may grant the variation only:

(a) to meet the needs of tourists and tourism or other special needs, and

(b) if satisfied that the variation would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(4) The court may, on application, vary the trading hours to permit the sale or supply of liquor for consumption on the licensed premises on a special occasion on a stated date and, if there is no objection to the variation, the jurisdiction of the court under this subsection may be exercised by the registrar.

(4A) In subsection (4), "special occasion" means the occasion of a unique or infrequent event of local, State or national significance that persons independent of the licensee (and of the owner or occupier of the premises) desire to celebrate or mark.

(5) A variation of trading hours granted under this section has effect only in the part or parts of the premises specified by the court or registrar when granting the variation.

(6) At the commencement of the 1989 amendment, the court shall be taken:

(a) to have granted under this section a variation of trading hours, and

(b) to have specified a part or parts of the licensed premises,

that, but for this subsection, it would have been required to grant and specify in order to permit the sale or supply of liquor for consumption in that part, or those parts, of the licensed premises at times at which it could have been so sold or supplied immediately before that commencement.

(7) The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:

(a) revoke a variation of trading hours granted under this section, or

(b) grant a different variation of trading hours in accordance with this section.

(7A) If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:

(a) on the application of the local consent authority, the Director or the Commissioner of Police, or

(b) under section 104 (Quiet and good order of neighbourhood),

an application for the same, or a longer, extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.

(7B) An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:

(a) confirm the extension of trading hours, or

(b) postpone expiration of the trial period, or

(c) refuse the application.

(8) In this section:
"1989 amendment" means the insertion of this section by the Liquor (Amendment) Act 1989 .

(9) For the purposes of subsection (2A), premises situated on any of the corners at the intersection of Oxford, Victoria and South Dowling Streets and Barcom Avenue are taken to front onto a street or part of a street specified in Schedule 3.