South Australian Consolidated Acts

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LIQUOR LICENSING ACT 1997 - SECT 40

40—Special circumstances licence

        (1)         A special circumstances licence authorises the licensee to sell liquor for consumption on or off the licensed premises in accordance with the terms and conditions of the licence.

        (2)         A special circumstances licence cannot be granted unless the applicant satisfies the licensing authority that—

            (a)         a licence of no other category (either with or without an extended trading authorisation) could adequately cover the kind of business proposed by the applicant; and

            (b)         the proposed business would be substantially prejudiced if the applicant's trading rights were limited to those possible under a licence of some other category.

        (3)         A special circumstances licence does not authorise extended trade in liquor unless the licence contains an extended trading authorisation.

        (4)         If liquor is sold by a licensee under a special circumstances licence for consumption at a function off the licensed premises, the licensed premises of the licensee are, for the period for which the licensee supplies liquor at the function, to be regarded as including the premises at which the function is held.



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