LIQUOR LICENSING ACT 1997 - SECT 38

LIQUOR LICENSING ACT 1997 - SECT 38

38—Packaged liquor sales licence

        (1)         Subject to this Act and the conditions of the licence, a packaged liquor sales licence authorises the licensee—

            (a)         to sell liquor on the licensed premises on any day over a continuous period authorised by the licensing authority (which must not exceed 13 hours) between the hours of 8 am and 10 pm for consumption off the licensed premises; and

            (b)         to sell liquor at any time through direct sales transactions (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); and

            (c)         to sell or supply liquor by way of sample for consumption on the licensed premises.

        (2)         A packaged liquor sales 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.

        (3)         In addition, it is a condition of a packaged liquor sales licence that the licensed premises must be devoted entirely to the business conducted under the licence and must be physically separate from premises used for other commercial purposes.

Note—

Goods may be sold in the same premises if they are of the kind normally associated with, and incidental to, the sale of liquor (eg glasses, decanters, cheeses and pates).

        (4)         For the purposes of subsection (3), licensed premises will not be regarded as physically separate from premises used for other commercial purposes unless—

            (a)         the licensed premises are separated from the other premises by a permanent barrier that is not transparent and is of a height of at least 2.5 metres; and

            (b)         subject to subsection (5), the licensed premises cannot be accessed from the other commercial premises.

        (5)         If licensed premises and other commercial premises, being premises at which goods are sold to the public by retail, are located within a shopping centre and the licensed premises can only be accessed from the other commercial premises by use of a common area within the shopping centre (such as a mall or thoroughfare), it will be taken for the purposes of subsection (4)(b) that the licensed premises cannot be accessed from the other commercial premises.

        (6)         The licensing authority may grant an exemption from the condition under subsection (3) if, in the opinion of the licensing authority, it is in the public interest to do so.

Note—

For example, a general store in a regional location might satisfy the licensing authority that it is in the public interest that an exemption from the condition in subsection (3) be granted.

        (7)         A packaged liquor sales licence may only be granted in respect of premises of a prescribed kind if the licensing authority is satisfied that there is a proper reason to do so.