New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 56

56 Fee for grant of licence

(1) Subject to this section, the prescribed fees for the granting of licences are as follows:

(a) in the case of a hotelier’s licence-the fee prescribed by the regulations or determined in accordance with the regulations,

(a1) in the case of a community liquor licence-$500,

(b) in the case of an off-licence to sell liquor by retail-the fee prescribed by the regulations or determined in accordance with the regulations,

(c) in the case of an off-licence for a vigneron-$1,000,

(d) in the case of an off-licence to sell liquor to persons authorised to sell liquor-$2,000,

(e) in the case of an off-licence for a brewer-$2,000,

(f) in the case of an off-licence to auction liquor-such fee, not exceeding $2,000, as is fixed by the Board for the licence,

(g) in the case of an on-licence relating to premises at an airport-$500,

(h) in the case of a permanent on-licence (function)-$500,

(i) in the case of an on-licence relating to a public hall-$500,

(j) in the case of an on-licence relating to a restaurant:

(i) where the application granted did not include an application for a variation of trading hours under section 32 (3) and the licensed premises do not include a motel-$500,

(ii) where the application granted included an application for such a variation and the licensed premises do not include a motel-$2,000, or

(iii) where the licensed premises include a motel-the fee that would have been payable under subparagraph (i) or (ii) if the premises had not included a motel, together with such fee, not exceeding $4,000, as is fixed by the Board for the licence,

(j1) in the case of a motel licence-such fee, not exceeding $500, as may be fixed by the Board,

(k) in the case of an on-licence relating to a theatre-$500,

(l) in the case of an on-licence relating to premises within a university-$500,

(m) in the case of an on-licence relating to a vessel or an aircraft-$500,

(m1) in the case of a caterer’s licence-$1,000,

(m2) in the case of a nightclub licence for premises within the area constituting the City of Sydney as at 1 December 1994 or fronting onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street-Darlinghurst) or situated within an area bounded by those streets or parts of streets-$60,000, or

(m3) in the case of a nightclub licence for premises in an area referred to in Schedule 4 (other than premises referred to in paragraph (m2))-$40,000, or

(m4) in the case of a nightclub licence for premises in an area not referred to in Schedule 4-$10,000,

(m5) in the case of a nightclub licence for licensed premises that include a motel-the fee that would have been payable under paragraph (m2), (m3) or (m4) if the premises had not included a motel, together with such fee, not exceeding $4,000, as is fixed by the Board for the licence,

(q) in the case of an on-licence referred to in section 18 (4) (g)-the fee fixed by the Board for the licence.

(3A) If an application for the removal of a nightclub licence is granted, a fee is payable equal to the difference (if any) between the fee that was required to be paid for the granting of the licence and any greater fee that would have been required to be paid for the granting of the licence at the new premises.

(4) The regulations may, instead of an amount specified in subsection (1), prescribe a different amount and, where a different amount is so prescribed, that subsection shall be construed as if it prescribed the amount by the regulations instead of the amount prescribed by the subsection.

(5) If the court varies the trading hours for licensed premises, the variation does not take effect until:

(a) the prescribed fee has been paid to the Principal Registrar or another registrar, and

(b) the variation has been endorsed on the licence by the Principal Registrar or another registrar.

(6) For the purposes of subsection (5), the prescribed fee for a variation of trading hours to extend the trading hours for premises to which a nightclub licence relates is $10,000.

(7) However, no fee is payable as referred to in subsection (6) if:

(a) a variation is revoked or an extension of trading hours is reduced and application is made subsequently for a variation of trading hours to extend the trading hours in respect of the same premises, or

(b) an extension of trading hours has been granted for particular premises and application is made subsequently for a further extension of trading hours in respect of the same premises.

(8) The Board may, on application, refund the fee for a variation of trading hours to extend the trading hours for premises to which a nightclub licence relates if the application for the variation was refused after a trial period.

(9) The following provisions have effect with respect to dine-or-drink authorities:

(a) The authority:

(i) is not (if the authority has been endorsed on a restaurant licence) to be issued if one-quarter of the prescribed fee has not been paid within 3 months after the authority is granted, and

(ii) is not (if the authority has been endorsed on a restaurant licence) to be issued until one-quarter of the prescribed fee has been paid, and

(iii) does not take effect until the authority has been endorsed on the licence concerned by the Principal Registrar or another registrar, and

(iv) is automatically cancelled on the first anniversary of its grant if any part of the fee for the authority remains unpaid at that date.

(a1) If the authority is cancelled under paragraph (a) (iv), amounts paid toward the prescribed fee are not refundable to the applicant.

(b) The prescribed fee in the case of a dine-or-drink authority for licensed restaurant premises in an area referred to in Schedule 5 is:

(i) where the premises have over 100 seated dining positions-$15,000, or

(ii) where the premises have 100 or fewer seated dining positions-$10,000.

(c) The prescribed fee in the case of a dine-or-drink authority for licensed restaurant premises in an area not referred to in Schedule 5 is:

(i) where the premises have over 100 seated dining positions-$10,000, or

(ii) where the premises have 100 or fewer seated dining positions-$5,000.

(d) No fee is payable for the endorsement of a dine-or-drink authority on a nightclub licence.