New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 49C

49C Grant of off-licence (retail)

(1) An application for, or to remove, an off-licence to sell liquor by retail that relates to a business whose primary purpose is not the sale of liquor may only be granted if the court is satisfied that:

(a) the sale of liquor under the licence will take place in an area of the premises ( "the liquor sales area") that is adequately separated from other areas of the premises in which other activities are carried on, and

(b) the principal activity to be carried on in the liquor sales area will be the sale of liquor.

(2) An application for, or to remove, an off-licence to sell liquor by retail that relates to a general store may not be granted unless the court is satisfied that:

(a) in the neighbourhood of the premises to which the application relates, no other take-away liquor service is reasonably available to the public, and

(b) the grant of the licence would not encourage drink-driving or other liquor-related harm.

(2A) An application for, or to remove, an off-licence to sell liquor by retail that relates to a service station may not be granted in any circumstances.

(3) In this section:
"general store" means a convenience store, mixed business shop, corner shop or milk bar that has a retail floor area of not more than 240 square metres and that is used for the purpose of selling, exposing or offering for sale by retail principally groceries, smallgoods or associated small items.
"service station" means a building or place used primarily for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products.