LIQUOR LICENSING ACT 1997 - SECT 36
LIQUOR LICENSING ACT 1997 - SECT 36
(1) Subject to this
Act and the conditions of the licence, a club licence authorises the
licensee—
(a) to
sell liquor at any time for consumption on the licensed premises;
(b) to
sell liquor on the licensed premises to a resident on licensed premises for
consumption on or off the licensed premises; and
(c) to
sell liquor at any time through direct sales transactions to a member of the
club (provided that, if the liquor is to be delivered to an address in this
State, the liquor is delivered only between the hours of 8 am and
10 pm).
(2) In addition, the
licensing authority may include a condition on a club licence authorising the
sale of liquor on the licensed premises on any day over a continuous period
authorised by the licensing authority (which must not exceed 13 hours)
between 8 am and 10 pm for consumption off the licensed premises.
(3) A club licence is
subject to the condition that the licence does not authorise the sale of
packaged liquor from a facility commonly known as a drive-in or drive through
bottle shop.
(4) In addition, a
club licence is subject to the following conditions:
(a) if
there is a change to the composition of the committee of management of the
club, the club will, within 14 days, give the Commissioner notice of the
change in the form and containing the information required by the
Commissioner;
(b) if
the licensing authority notifies the club that it considers that any member of
the committee of management of the club is not a fit and proper person to be
in a position of authority in the club, the club will immediately take action
to have that person removed from the committee of management.
(5) A club licence may
only be held by a club that is—
(a) a
non-profit association incorporated under the Associations Incorporation
Act 1985 ; or
(b) a
company limited by guarantee under the Corporations Act 2001 of the
Commonwealth.
(6) However, the
licensing authority may grant a club licence to a trustee for an association
if satisfied that—
(a) the
association is unable to become incorporated; or
(b) it
is inappropriate to require the incorporation of the association.
(7) A club is not
eligible to hold a club licence unless the licensing authority is satisfied
that—
(a)
subject to subsection (8), the club will be entitled to exclusive
possession of the licensed premises at times when the sale of liquor is
authorised by the licence; and
(b) the
rules of the club also make appropriate provision for—
(i)
management of the affairs of the club by a management
committee elected by the general body of members; and
(ii)
regular meetings of the general body of members and the
management committee; and
(iii)
admission to membership of the club; and
(iv)
the payment of subscriptions by the ordinary members of
the club; and
(v)
the keeping of proper records of the proceedings of the
club and its financial affairs.
(8) Subsection (7)(a)
does not apply to licensed premises in respect of which 2 or more clubs
licences are granted if—
(a) only
those licensees are entitled to exclusive possession of the premises at times
when the sale of liquor is authorised by the relevant licences; and
(b) each
licensee maintains a register in accordance with section 48(3)(b).
(9) The licensing
authority may endorse a club licence with an authorisation to sell or supply
liquor on a site used for club activities specified in the endorsement during
an event specified in the endorsement for consumption on or off the site as
specified in the endorsement (a "club event endorsement"), except if the
licensing authority is of the opinion that the trade to be authorised by the
endorsement would, in view of the likely scale or nature of the event or for
any other reason, be better authorised by a short term licence or licence of
some other category.
(10) A club licence
with a club event endorsement authorises the licensee to sell or supply liquor
in accordance with the endorsement and the licensed premises are, for the
period for which the licensee is so authorised to sell or supply liquor, to be
regarded as including any site specified in the endorsement.
(11) The licensing
authority may endorse a club licence held by a club with an authorisation to
sell or supply liquor to, or allow the consumption of liquor by, members of
the club on a public conveyance specified in the endorsement for the purposes
of transporting members to and from club activities specified in the
endorsement (a
"club transport endorsement").
(12) A club licence
with a club transport endorsement authorises the licensee to sell or supply,
or allow the consumption of, liquor in accordance with the endorsement and the
licensed premises are, for the period for which the licensee is so authorised,
to be regarded as including any public conveyance specified in the
endorsement.