Division 2Periodic
licence fees
8Definitions
(cf 2008 reg cll 5A and 5B)
In this Division—
assessment date for a periodic
licence fee means—
(a)
in relation to a part year licence—the date
on which the part year licence is granted, and
(b)
in relation to any other licence—15 March
in each assessment year.
assessment year means a period
of 12 months commencing on 15 March.
base fee element—see
clause 10.
compliance history risk
loading element—see clause 11.
due
date for the payment of a periodic licence fee
means—
(a)
in relation to a part year licence—60 days
after the day on which the Secretary sends a notice to the licensee liable to
pay the fee under clause 15, and
(b)
in relation to any other licence—29 May in
each assessment year.
element of a periodic licence
fee—see clause 9(1).
location risk loading
element—see clause 13(1).
part year licence, in
relation to an assessment year, means a licence that is granted on or after 16
March in that assessment year.
patron capacity loading
element—see clause 14(1).
periodic licence fee means
the periodic licence fee payable in respect of an assessment year for a
licence (under section 58A of the Act).
trading hours risk loading
element—see clause 12(1).
cl 8: Am 2020 No 40,
Sch 1.2[1].
8AReview
(1)
The Minister must conduct a review of the
effectiveness of the reduction of fees under clauses 10(2)(c), 12(3A)(c),
13(3) and 14(3A) and the extension of trading hours for dedicated live music
and performance venues, including—
(a)
whether the reduction in fees and extension of
trading hours has led to an increase in live music performances or other arts
and cultural events on licensed premises, and
(b)
the impact the reduction in fees and extension of
trading hours has had on employment at licensed premises and in the live music
performance industry and arts and cultural sectors.
(2)
The Minister must, by 31 March 2025, give a
report about the review to the Presiding Officer of each House of
Parliament.
(3)
A copy of a report given to the Presiding Officer
of a House of Parliament under subclause (2) must be laid before the House
within 5 sitting days of the House after it is received by the Presiding
Officer.
(4)
This clause is repealed on 30 April
2025.
cl 8A: Ins 2020 No
40, Sch 1.2[2].
9Periodic licence fees
(cf 2008 reg cl 5C)
(1)
The periodic licence fee for a licence is the sum
of the following elements—
(a)
the base fee element (determined and adjusted
under clause 10),
(b)
the compliance history risk loading element
(determined under clause 11),
(c)
the trading hours risk loading element
(determined under clause 12),
(d)
the location risk loading element (determined
under clause 13), which is payable only if a compliance history risk loading
element is payable,
(e)
the patron capacity loading element (determined
under clause 14), which is payable only if a compliance history risk loading
element is payable.
(2)
Despite subclause (1), the periodic licence fee
for a part year licence is only the base fee element (determined under clause
10), reduced as follows—
(a)
if the part year licence is granted on or after
16 March but not later than 15 June—by 25%,
(b)
if the part year licence is granted on or after
16 June but not later than 15 September—by 50%,
(c)
if the part year licence is granted on or after
16 September but not later than 15 December—by
75%.
(3)
A periodic licence fee is not payable in respect
of a part year licence granted on or after 16 December in an assessment
year.
(4)
Subclauses (2) and (3) take effect on and from 16
March 2019.
10Base fee element
(cf 2008 reg cl 5D)
(1)
The base fee element of a
periodic licence fee for a licence is as follows—
(a)
for a hotel licence (other than general bar
licence)—5.43 fee units,
(b)
for a general bar licence—2.72 fee
units,
(c)
for a club licence—5.43 fee
units,
(d)
for a small bar licence—2.18 fee
units,
(e)
for an on-premises licence—4.35 fee
units,
(f)
for a packaged liquor licence—
(i)
where the licensee holds 3 or less such licences,
or the licensee or a business owner has an interest in the business, or the
profits of the business, carried on under packaged liquor licences at 3 or
less premises—5.43 fee units, or
(ii)
where the licensee holds more than 3, but not
more than 9, such licences, or the licensee or a business owner has an
interest in the business, or the profits of the business, carried on under
packaged liquor licences at more than 3, but not more than 9,
premises—10.84 fee units, or
(iii)
where the licensee holds more than 9 such
licences, or the licensee or a business owner has an interest in the business,
or the profits of the business, carried on under packaged liquor licences at
more than 9 premises—21.66 fee units, or
(iv)
where a combination of any of the matters
referred to in subparagraphs (i)–(iii) applies—the highest of the
amounts so referred to,
(g)
for a producer/wholesaler licence—2.18 fee
units,
(h)
for a multi-function limited licence—1.1
fee units.
(2)
The base fee element must be
reduced—
(a)
for an assessment year that commences on or after
15 March 2024, if a demerit point has not been incurred or imposed against the
licence, or a licensee or manager of the licensed premises for the licence, in
the 3-year period preceding the assessment date—by 5%,
or
(b)
for an assessment year that commences on or after
15 March 2026, if a demerit point has not been incurred or imposed against the
licence, or a licensee or manager of the licensed premises for the licence, in
the 5-year period preceding the assessment date—by 10%,
or
(c)
for live music venues and live performance
venues—by 80%, or
(d)
for an assessment year that commences on or after
15 March 2022, if the licensed premises have participated in an incentivised
event held in the 1-year period preceding the assessment date—by
80%.
(2A)
Subclause (2)(c) and (d) apply only to licensed
premises on the list of live music and performance venues on the assessment
date.
Note—
See clause 61B.
(3)
Subclauses (2)(c) and (d) and (2A) cease to have
effect on 31 December 2024.
(4)
Subclauses (2)(c) and (d), (2A) and (3) and this
subclause are repealed on 30 April 2025.
cl 10: Am 2020 No 40,
Sch 1.2[3]; 2021 (594), Sch 2[5]–[8].
11Compliance history risk loading
element
(cf 2008 reg cl 5E)
(1)
For an assessment year that commences before 15
March 2022, the compliance history
risk loading element of a periodic licence fee for a licence
is—
(a)
32.46 fee units—if 1 relevant demerit
offence event has occurred during the relevant compliance period that relates
to a demerit offence committed by the licensee or manager of the licensed
premises, or
(b)
64.92 fee units—if—
(i)
2 relevant demerit offence events have occurred
during the relevant compliance period that relate to demerit offences
committed by the licensee or manager of the licensed premises,
or
(ii)
the licence was, at any time during the relevant
compliance period, listed in Table 2 at the end of clause 1 of Schedule 4 to
the Act when that list was replaced in its entirety during the assessment year
ending on the relevant assessment date, or
(c)
97.39 fee units—if—
(i)
3 or more relevant demerit offence events have
occurred during the relevant compliance period that relate to demerit offences
committed by the licensee or manager of the licensed premises,
or
(ii)
the licence was, at any time during the relevant
compliance period, listed in Table 1 at the end of clause 1 of Schedule 4 to
the Act when that list was replaced in its entirety during the assessment year
ending on the relevant assessment date, or
(d)
if a combination of any of the circumstances
specified in paragraphs (a)–(c) exist in relation to a licence—the
highest of the amounts so specified.
(1A)
For an assessment year that commences on or after
15 March 2022, the compliance
history risk loading element of a periodic licence fee for a
licence is calculated at a rate of 40 fee units for each demerit point
incurred or imposed against the licence, or a licensee or manager of the
licensed premises, during the relevant compliance period for the assessment
year.
(2)
No compliance history risk loading element is
payable for a licence if—
(a)
for an assessment year that commences before 15
March 2022—none of the circumstances specified in subclause (1) exist in
relation to the licence, or
(b)
for an assessment year that commences on or after
15 March 2022—no demerit points have been incurred or imposed against
the licence, or a licensee or manager of the licensed premises, during the
relevant compliance period.
(3)
For the purposes of this clause, a relevant demerit offence
event occurs when—
(a)
a court convicts a person of a demerit offence
(whether or not it imposes any penalty), or
(b)
an amount is paid under a penalty notice in
respect of such an offence, or
(c)
a penalty notice enforcement order under the
Fines Act 1996 is made against the
person in respect of such an offence.
(4)
However, if—
(a)
the conviction is overturned on appeal,
or
(b)
the person elects, after an amount is paid under
the penalty notice, to have the offence dealt with by a court,
or
(c)
the penalty notice, or the penalty notice
enforcement order to the extent that it applies to the penalty notice, is
withdrawn or annulled,
the relevant demerit offence event derived from the
conviction, payment or making of the order is taken not to have occurred and
so much of the compliance history risk loading element as comprises the amount
based on the relevant demerit offence event is to be refunded by the Secretary
to the licensee.
(5)
If more than one demerit offence is committed by
the licensee or manager of the premises to which a licence relates within a
single 24-hour period, no more than one relevant demerit offence event is, for
the purposes of this clause, taken to have occurred in relation to that
licence.
(5A)Transitional
For the purposes of subclause (1A), the reference
to a demerit point incurred or imposed against the licence, or a licensee or
manager of the licensed premises, during the relevant compliance period for
the assessment year includes a reference to a relevant demerit offence event
that occurred on or after 1 January 2021 derived from an act or circumstance
that occurred or existed before that date.
(6)
In this clause—
demerit offence has the
same meaning as in section 4 of the Act.
relevant compliance
period, in relation to a periodic licence fee payable in
respect of an assessment year, means the calendar year before the relevant
assessment date for that year.
cl 11: Am 2020 No 40,
Sch 1.2[4]–[9]; 2021 (61), Sch 1[1].
12Trading hours risk loading element
(cf 2008 reg cl 5F)
(1)
The trading hours risk
loading element of a periodic licence fee for a licence is
as follows—
(a)
if, on the relevant assessment date, the licensee
is authorised to sell or supply liquor to patrons on the licensed premises on
a regular basis between midnight and 1.30 am (but not after 1.30 am) on any
day—27.05 fee units,
(b)
if, on the relevant assessment date, the licensee
is authorised to sell or supply liquor to patrons on the licensed premises on
a regular basis between 1.30 am and 5 am on any day—54.05 fee
units,
(c)
if, on the relevant assessment date, a
multi-occasion extended trading authorisation is in force in respect of the
premises (whether or not liquor is being sold or supplied in accordance with
the authorisation on that date)—10.82 fee
units.
(2)
A trading hours risk loading element that applies
to a producer/wholesaler licence endorsed with a drink on-premises
authorisation is to be determined by reference to the period that the licensee
is authorised to sell liquor by retail on the licensed premises, for
consumption on the licensed premises, under the drink on-premises
authorisation and not by reference to the period that the licensee is
authorised to sell or supply liquor on the licensed premises on a regular
basis under the producer/wholesaler licence.
(3)
An on-premises licence that relates to a vessel
that is authorised under section 25(9)(a) of the Act to sell liquor by retail
to passengers on board the vessel is taken for the purposes of this Division
to authorise the licensee to sell or supply liquor on licensed premises on a
regular basis between 1.30 am and 5 am on any day. The operation of this
subclause is subject to any licence condition that restricts the times at
which liquor may be sold or supplied.
(3A)
The trading hours risk loading element must be
reduced—
(a)
for an assessment year that commences on or after
15 March 2024, if a demerit point has not been incurred or imposed against the
licence, or a licensee or manager of the licensed premises for the licence, in
the 3-year period preceding the assessment date—by 5%,
or
(b)
for an assessment year that commences on or after
15 March 2026, if a demerit point has not been incurred or imposed against the
licence, or a licensee or manager of the licensed premises for the licence, in
the 5-year period preceding the assessment date—by 10%,
or
(c)
for live music venues and live performance
venues—by 80%, or
(d)
for an assessment year that commences on or after
15 March 2022, if the licensed premises have participated in an incentivised
event held in the 1-year period preceding the assessment date—by
80%.
(3B)
Subclause (3A)(c) and (d) apply only to licensed
premises on the list of live music and performance venues on the assessment
date.
Note—
See clause 61B.
(4)
In this clause, a reference to the sale or supply
of liquor to patrons does not include a reference to the sale or supply of
liquor to—
(a)
a resident of the licensed premises concerned or
to a guest of such a resident while the guest is in the resident’s
company, or
(b)
an employee of the licensee,
or
(c)
a person referred to in section 29(3) of the
Act.
(5)
A trading hours risk loading element is not
payable in relation to the following licences—
(a)
a producer/wholesaler licence that is not
endorsed with a drink on-premises authorisation,
(b)
a small bar licence,
(c)
an on-premises licence that relates only to one
or more of the following—
(i)
accommodation premises,
(ii)
a catering service,
(iii)
an airport,
(iv)
a restaurant where the licence is not endorsed
under section 24(3) of the Act with an authorisation that allows liquor to be
sold or supplied for consumption on the licensed
premises,
(d)
a multi-function limited
licence,
(e)
a packaged liquor licence,
(f)
a hotel or club licence that relates to a tourist
accommodation establishment, but only if the Secretary is satisfied that any
tourist accommodation establishment bar area on the licensed premises is
operated after midnight primarily for the use of residents and their guests or
persons who are invited to attend a conference or function on the
premises,
(g)
a licence that relates to licensed premises that
the Secretary is satisfied are situated in a regional or remote locality
having a population of less than 1,000 persons and in respect of which the
accessibility to goods, services and opportunities for social interaction is
considered to be significantly restricted due to the remoteness of the
locality.
(6)
(7)
Subclauses (3A)(c) and (d) and (3B) cease to have
effect on 31 December 2024.
(8)
Subclauses (3A)(c) and (d), (3B) and (7) and this
subclause are repealed on 30 April 2025.
cl 12: Am 2020 No 40,
Sch 1.2[10] [11]; 2021 (594), Sch 2[9]–[13].
13Location risk loading element
(cf 2008 reg cl 5G)
(1)
The location risk loading
element of a periodic licence fee for a licence (which is
payable only if a compliance history risk loading element is payable) is 21.64
fee units, if the licensed premises are, on the relevant assessment date,
within a prescribed precinct.
(2)
A location risk loading element is not payable in
relation to the following licences—
(a)
a producer/wholesaler licence that is not
endorsed with a drink on-premises authorisation that relates to premises
within a prescribed precinct,
(b)
a multi-function limited
licence.
14Patron capacity loading element
(cf 2008 reg cl 5H)
(1)
The patron capacity loading
element of a periodic licence fee for a licence (which is
payable only if a compliance history risk loading element is payable) is as
follows—
(a)
if, on the relevant assessment date, the patron
capacity of the licensed premises is not more than 60 patrons—10.82 fee
units,
(b)
if, on the relevant assessment date, the patron
capacity of the licensed premises is more than 60, but not more than 120,
patrons—32.46 fee units,
(c)
if, on the relevant assessment date, the patron
capacity of the licensed premises is more than 120, but not more than 300,
patrons—64.92 fee units,
(d)
if, on the relevant assessment date, the patron
capacity of the licensed premises is more than 300 patrons—86.57 fee
units.
(2)
A patron capacity loading element that applies to
a producer/wholesaler licence endorsed with a drink on-premises authorisation
is to be determined by reference to that part of the licensed premises that is
the subject of the drink on-premises authorisation and not by reference to the
licensed premises under the producer/wholesaler licence.
(3)
A patron capacity loading element is not payable
in relation to the following licences—
(a)
a producer/wholesaler licence that is not
endorsed with a drink on-premises authorisation,
(b)
an on-premises licence that relates only to
accommodation premises or a catering service (or both),
(c)
a packaged liquor licence,
(d)
a multi-function limited
licence.
(4)
It is a condition of each licence (other than a
packaged liquor licence or a multi-function limited licence) that the licensee
must give the Secretary notice in writing of any change in the patron capacity
of the licensed premises, with that notice being required to be given within 7
days of the change.
(5)
In this clause, patron capacity, in
relation to licensed premises, means—
(a)
if the patron capacity is established by a
licence condition—that patron capacity, or
(b)
if the patron capacity is not established by a
licence condition—
(i)
the patron capacity that the licensee has
notified to the Secretary before the relevant assessment date,
or
(ii)
if the patron capacity is not notified to the
Secretary before the relevant assessment date or if the Secretary is not
satisfied that the patron capacity notified to the Secretary is
accurate—the patron capacity determined by the
Secretary.
(6)
In determining the patron capacity of licensed
premises, any part of the premises that has been set aside exclusively for the
purposes of accommodation of residents is taken not to be part of the licensed
premises.
15Notice of periodic licence fee payable
(cf 2008 reg cl 5I)
(1)
The Secretary is, as soon as is practicable after
the assessment date for a periodic licence fee, but not less than 14 days
before the due date for payment of the fee, to send a notice to the licensee
liable to pay the fee.
(2)
The notice is to include—
(a)
the total amount of the periodic licence fee
payable, and
(b)
the amount of each element of that fee that makes
up that total amount, and
(c)
the due date for payment of the fee,
and
(d)
for part year licences—information about
the re-assessment of an unpaid periodic licence fee under clause
19A.
(3)
A failure by the Secretary to comply with this
clause does not affect a licensee’s liability to pay a periodic licence
fee, late payment fee or application for reinstatement
fee.
cl 15: Am 2018 (781),
Sch 1 [2].
16Late payment fee
(cf 2008 reg cl 5J)
(1)
For the purposes of sections 58B(2)(b) and
58C(3)(b)(ii) of the Act, a late payment fee of the following amount is
payable if the periodic licence fee payable for a licence has not been paid
before the expiration of 28 days after the due date for payment—
(a)
for a multi-function limited licence—0.55
fee units,
(b)
for any other type of licence—1.1 fee
units.
(2)
The Secretary may waive or refund all or part of
a late payment fee payable under this clause in any circumstances that the
Secretary considers appropriate.
(3)
It is a condition of a licence that any late
payment fee payable for the licence that has not been waived must be paid
before the expiration of 28 days after the due date for payment of the
periodic licence fee.
17Application for reinstatement fees
(cf 2008 reg cl 5K)
(1)
For the purposes of section 58C(3)(b)(iii) of the
Act, an application fee of 2.71 fee units must accompany an application for
the reinstatement of a licence cancelled under section 58B(3) of the
Act.
(2)
The Secretary may waive or refund all or part of
the fee that is required to accompany an application under section
58C(3)(b)(iii) of the Act for a reinstatement of a cancelled licence in any
circumstances that the Secretary considers appropriate.
18Re-assessment of periodic licence fee
(cf 2008 reg cl 5L)
(1)
The Secretary may re-assess a periodic licence
fee at the request of the licensee or on the Secretary’s own initiative.
Any such request must be made no later than 56 days after 29 May (that is, no
later than the date on which the licence would otherwise be cancelled for late
payment under section 58B(3) of the Act).
(2)
If the Secretary is satisfied that an error was
made in an assessment of the periodic licence fee (including an assessment
based on an incorrect knowledge of the relevant circumstances), the Secretary
may re-assess the periodic licence fee and send a further notice to the
licensee concerned.
(3)
The further notice is to include the
following—
(a)
a statement as to the amount of re-assessed
periodic licence fee,
(b)
if the licensee has not paid the initially
assessed periodic licence fee—the due date for the payment of the
re-assessed periodic licence fee (being a date no later than 56 days after 29
May),
(c)
if the licensee has paid the initially assessed
periodic licence fee and the amount of the re-assessed fee is greater than the
amount of the initially assessed fee—the due date for the payment of the
difference in amounts (being a date no later than 56 days after 29
May).
(4)
If the licensee has paid the initially assessed
periodic licence fee and the amount of the re-assessed periodic licence fee is
less than the amount of the initially assessed fee, the Secretary is to refund
the difference to the licensee.
19Waiver reduction, postponement or refund of elements of
periodic licence fee
(cf 2008 reg cl 5M)
(1)
A person who holds a licence may apply to the
Secretary for the waiver, reduction, postponement or refund of any or all
elements of the periodic licence fee, or part of an element of the periodic
licence fee, payable in respect of the licence—
(a)
no later than 7 days before the due date for
payment, or
(b)
if the person satisfies the Secretary that
exceptional circumstances exist—no later than the date specified by the
Secretary.
(2)
On receiving such an application, the Secretary
may—
(a)
waive, reduce, postpone or refund any or all
elements of the periodic licence fee, or part of an element of the periodic
licence fee, payable in respect of the licence, if the Secretary is satisfied
that it is appropriate because—
(i)
the applicant is suffering financial hardship,
or
(ii)
special circumstances exist, or
Example of ‘special
circumstances’—
circumstances involving a natural disaster or
recovery from a natural disaster
(b)
refuse to waive, reduce, postpone or refund any
element or part of an element.
(3)
The Secretary may waive, reduce, postpone or
refund any or all elements of a periodic licence fee, or part of an element of
a periodic licence fee, payable in respect of a licence, without having
received an application under subclause (1), if the Secretary is satisfied it
is appropriate because special circumstances exist.
Example of ‘special
circumstances’—
circumstances involving a natural disaster or
recovery from a natural disaster
cl 19: Am 2020 (138),
Sch 1[2]–[5].
19ARe-assessment of unpaid periodic licence fees for part year
licences
(1)
If the periodic licence fee for a part year
licence is not paid before 15 March following the date on which the part year
licence was granted (the re-assessment date),
the amount payable is to be re-calculated under this Division on the
re-assessment date.
Note—
See Part 4 of Schedule 1 for the adjustment of
fees for inflation.
(2)
For the purposes of this Division and section 58B
of the Act, the due date for the re-calculated fee is taken to be 29 May
following the re-assessment date.
(3)
The Secretary is to send a notice under clause 15
to the licensee as soon as practicable after the re-assessment date for a
periodic licence fee, but no later than 15 May.
(4)
Section 58B of the Act does not apply to a
periodic licence fee payable for a part year licence unless the fee is
re-calculated under this clause on the re-assessment
date.
cl 19A: Ins 2018
(781), Sch 1 [3].