LIQUOR ACT 1982 - As at 1 July 2008 - Act 147 of 1982

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 2A Liquor harm minimisation is a primary object of this Act
2B. (Repealed)
• 3 Savings and transitional provisions
• 4 Definitions
• 4A Meaning of "close associate"
• 4B Corporate licences--interpretation
• 4C Motels
• 5 Prescribed places
• 6 Application of Act
• 6A Director of Liquor and Gaming
• 6B Delegations

PART 2 - THE LICENSING COURT

• 7 Licensing Court of New South Wales
• 8 Appointment of licensing magistrates
• 9 Constitution of the court at first instance
• 10 Constitution of the court on appeal
• 11 Sittings of the court
• 12 Procedure before Licensing Court
• 13 Contempt of the court
• 14 Adjournments
• 15 Amendment of documents
• 16 Costs
• 17 Registrars of the court
• 17A Nature of disciplinary jurisdiction of court
17B. (Repealed)

PART 3 - LICENCES

Division 1 - Classes of licences

• 18 Court may grant licences
• 18A Minister may authorise issue of special event licences
• 19 Governor's licences

Division 2 - Duration and conditions of licences

• 19A Duration of licences
19B. (Repealed)
• 20 Conditions of licences
20A, 20B. (Repealed)
• 21 Hotelier's licence--miscellaneous conditions
21AA. (Repealed)
• 21A Australian wine licences
• 21B Community liquor licence--miscellaneous conditions
• 22 Off-licence--miscellaneous conditions
• 23 On-licence--miscellaneous conditions
• 23A Caterer's licence--miscellaneous conditions
• 23AA Nightclub licence--miscellaneous conditions
• 23AB On-licence to sell liquor at function--miscellaneous conditions
• 23AC On-licence to sell liquor at function--nominee of licensee in exceptional circumstances
• 23AD Restaurant and nightclub licences--dine-or-drink authority
• 23AE Restaurant licence--consumption of liquor away from table

Division 3 - Trading hours

• 23AF Special trading hours for millennium celebration period
• 24 Hotelier's licence--trading hours
• 24A Extended hotel trading hours--2007 Rugby World Cup
• 24B Hotel trading hours on Sundays when special events are held
• 25 Hotelier's licence--variation of trading hours
• 25A Community liquor licence--trading hours
• 26 Off-licence--trading hours
• 27 Off-licence (retail)--variation of trading hours
• 28 On-licence (airport)--trading hours
• 29 On-licence (function)--trading hours
• 30 On-licence (public hall)--trading hours
• 31 On-licence (restaurant)--trading hours
• 32 On-licence (restaurant)--variation of trading hours
• 33 On-licence (theatre)--trading hours
• 34 On-licence (university)--trading hours
• 35 On-licence (vessel or aircraft)--trading hours
• 35A On-licence (vessel)--variation of trading hours
• 35B Caterer's licence--trading hours
• 35C Nightclub licence--trading hours
• 35D Nightclub licences--variation of trading hours
• 35E Reduction of trading hours for certain nightclub licences

Division 4 - Making of applications

• 36 Restrictions on liquor licence applications
36A. (Repealed)
• 37 Making of application
• 37A On-licence to sell liquor at function--applicant for licence
• 37B On-licence to sell liquor at function (other than a trade fair)--application for licence or additional function
• 37C Community liquor licence--applicant for licence
• 38 Affidavit as to interested persons
39. (Repealed)
• 40 Application for conditional grant
• 41 Application for transfer of licence
• 42 Application on dispossession of licensee
• 42A Fee for application for transfer of licence

Division 4A - Investigation of applications

• 42B Principal Registrar to refer certain applications to Director
• 42C Investigations by Director
• 42D Director may require further information

Division 5 - Objections to applications

• 43 Definition
• 44 Right of objection to application
• 45 Grounds of objection
• 46 Taking of objection
• 47 Grant of application is discretionary in certain cases
• 47A Refusal of application--responsible service standards

Division 6 - Grant of applications

• 48 Application of Division
• 49 Grant of hotelier's licence--accommodation
49A. (Repealed)
• 49B Grant of community liquor licence
• 49C Grant of off-licence (retail)
• 50 Grant of on-licence (airport)
• 51 Grant of on-licence to sell liquor at function or of approval for additional function
• 51A Functions authorised by permanent on-licence (function)
• 51B Functions authorised by temporary on-licence (function)
• 52 Grant of on-licence (public hall)
• 53 Grant of on-licence (restaurant) and associated matters
• 53A Grant of motel licence
• 54 Grant of on-licence (theatre)
• 54A Limitation of on-licences for university
• 54B Grant of caterer's licence
• 54BA Grant of nightclub licence
• 54C Application to be refused if name objectionable
• 55 Issue of licence
• 55A Issue of licence on instalment plan
• 56 Fee for grant of licence
• 56A Additional fees payable on variation of conditions of certain licences
• 56B Annual fee for community liquor licence
• 56C Annual fee for hotelier's licence or off-licence (retail)
• 57 Removal of hotelier's licence or off-licence (retail)
• 58 Duration of conditional grant
59. (Repealed)
• 60 Final grant of application
• 61 Grant of transfer of licence
• 61A Refusal of application for transfer of licence--responsible service standards
• 62 Applications of equal merit
• 62A Director's report required before application may be granted

Division 6A - Social impact assessment process

• 62B Application of Division
• 62C Social impact assessment required before relevant application may be granted
• 62D Requirements in relation to social impact assessments
• 62E Advertising of social impact assessment
• 62F Approval of social impact assessment

Division 7 - Death or disability of licensee

• 63 Endorsement of licence after death or disability of licensee
• 64 Grant of application for endorsement of licence
• 65 Transfer of licence after death or disability of licensee

Division 8 - Disciplinary provisions

• 66 Interpretation
• 66A Director may investigate licensee and others
• 67 Summons to show cause against taking of disciplinary action
• 68 Grounds for complaint
• 68A Complaints against close associates
• 69 Disciplinary powers of court

Division 8A - Appointment of managers by body corporate licensees

• 69A Application of Division
• 69B Appointment of managers
• 69C Restrictions on who may be appointed as manager
• 69D Court approval of manager
• 69E How appointments are made and revoked

Division 8B - Appointment of managers for licensed premises in special areas

• 69EA Application of Division
• 69EB Restrictions on who may be appointed as manager of licensed premises in special area
• 69EC Notification of appointment of managers

Division 8C - General provisions relating to managers of licensed premises

• 69F Responsibilities and liabilities of managers of licensed premises
• 69G Liability of licensee for contravention by manager
• 69H Liability of directors etc of body corporate licensee

Division 9 - General

• 70 Record of licences
• 71 Duplicate licence
• 71A Endorsements on licences

PART 4 - LIQUOR ADMINISTRATION BOARD

• 72 Constitution of Board
• 73 Procedure at meeting of Board
• 74 Functions of Board
• 74A Certificate of suitability for on-licence
• 75 Delegation of powers etc of Board
• 76 Disposal of money by Board
• 76A Date of payment by direct deposit
• 77 Annual report of Board

PART 5 - (Repealed)

PART 6 - LICENSED PREMISES

• 88 Reception areas
89. (Repealed)
• 90 Boundaries of licensed premises
• 91 Name of licensed premises
91A, 92. (Repealed)
• 93 Temporary premises
94-96. (Repealed)
• 97 Breath analysis equipment
• 98 Authority to be on licensed premises
• 99 Apportionment of cost of compulsory alterations
• 100 Common inns
• 101 Control of licensed premises
101A. (Repealed)
• 102 Directions concerning premises to which dine-or-drink authority relates
• 103 Exclusion of persons from licensed premises
• 104 Quiet and good order of neighbourhood
• 104A Order by authorised officer for short-term closure of premises
• 104B Urgent application for order under section 104A
• 104C Order by court for closure of premises
• 104D Further closure orders
• 104E Local liquor accords
• 105 Breach of the peace

PART 6A - KEY OFFICIALS

• 105A Restrictions relating to key officials
• 105B Restrictions relating to former key officials

PART 7 - INSPECTORS

• 109 Special inspectors
• 110 Powers of entry, inspection and seizure
• 110A Dealing with seized documents
110B. (Repealed)
• 111 Obstruction

PART 7A - MINORS

Division 1 - Functions for minors on licensed premises

• 111A Functions for minors on licensed premises
• 111B Procedure for grant of minors functions authority
• 111C Conditions of minors functions authority
• 111D Complaints relating to minors functions authority
• 111E Fees for certain applications
• 112 Authority for use of part of premises by minor in company of responsible adult

Division 2 - Offences relating to minors

• 113 Minor using false evidence of age
• 114 Sale or supply of liquor to a minor
• 115 Consumption etc of liquor by minor
• 116 Sale or supply of liquor by a minor
• 116A Offences by minors in hotels, nightclubs and restaurants
• 116B Offences by licensees in relation to minors
• 116C Notices to be displayed
• 116D Offence by adult accompanying minor
117. (Repealed)
• 117A Minor required to provide information
• 117B Entry on licensed premises by minor
117C, 117D. (Repealed)
• 117E Reasonable evidence of age
• 117EA Proof of age cards
• 117EB Manufacturing false proof of age cards
• 117EC Giving or lending proof of age cards
• 117ED Tampering with proof of age cards
117F. (Repealed)
• 117G Minors not to be detained
• 117H Minors passing through restricted area of hotel
• 117I Sale of undesirable liquor products
• 117J Director may prohibit undesirable promotion of liquor

PART 8 - OFFENCES ETC

Division 1 - Offences

• 118 Closing of restricted areas and certain other areas
• 119 Sale etc of liquor outside trading hours
• 120 Person on licensed premises outside trading hours
• 121 Unauthorised sale of liquor by licensee
• 122 Sale of liquor without licence
• 123 Unlicensed premises
• 124 Brewers to be licensed
• 125 Conduct on licensed premises
• 125A Production of licence
• 125B Holding more than one licence or holding certain interests
• 125C Responsible service
125D. (Repealed)
• 125E Sale of stolen goods and possession, use or sale of drugs not to be permitted on licensed premises
125F. (Repealed)
• 126 Gaming on licensed premises
• 126A Prohibition on extension of credit for gambling
• 126B Misrepresentation or misdescription of credit transactions
• 127 Sign on unlicensed premises
• 128 Sale of liquor through internet or by other communication media
• 129 Failure to pay for liquor, meals etc
• 130 Liquor at auction sale
• 131 Carrying away of liquor
• 132 Obtaining liquor by false representation
• 133 Liquor in unregistered club
• 134 Persons within unregistered club
• 135 Carrying of liquor for sale
• 136 Communication between licensed and unlicensed premises
137-138E. (Repealed)
• 139 False or misleading statements

Division 2 - Evidence

• 140 Averments
• 141 Evidence of certain matters
• 142 Licensee taking liquor off premises outside hours

Division 3 - General

• 142A Proof of certain matters
• 143 General penalty
• 143A Additional penalties
• 144 Licensee liable for act of employee etc
• 145 Proceedings for offences
• 145A Penalty notices
145B. (Repealed)
• 145C Application of certain Acts

PART 9 - APPEALS AND REVIEWS

• 146 Appeal to Supreme Court on question of law
• 147 Appeal to District Court from conviction
• 148 Appeal to Licensing Court against decision of Court
• 149 Appeal against suspension or cancellation of licence
• 149A Review of disqualification of more than 3 years

PART 10 - MISCELLANEOUS

• 150 Courses of instruction
• 150A Protection from personal liability
150B. (Repealed)
• 151 Search warrants
• 151A Summons may be served by post
• 151B Service by post
• 152 Forfeiture of liquor and other things
• 152A Confiscation of proof of age cards
• 153 Redemption of mortgaged premises
154. (Repealed)
• 154A Civil proceedings
154B. (Repealed)
• 154C Evidence
• 155 Notices
• 155A Secrecy
155B, 155C. (Repealed)
• 156 Regulations

• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6