(cf 2008 reg cl 3)
(cf 2008 reg cl 4) (1) The application fees payable for the purposes of the Act are the fees specified in Schedule 1 (except as provided by clause 5).
(1) A person who is required to pay a fee under the Act may apply to the Secretary for the waiver, reduction, postponement or refund of that fee.
(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.
(cf 2008 reg cl 5C)
(cf 2008 reg cl 5D)
(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 47.98 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.
(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.
(cf 2008 reg cl 5I)
(cf 2008 reg cl 5M)
(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.
(cf 2008 reg cl 7) (1) The occupier of neighbouring premises must be notified by an applicant of the making of an application.
(cf 2008 reg cl 9) (1) If an application is made to the Authority, a notice relating to the application that is in the form approved by the Authority must, within 2 working days of making the application, be fixed by the applicant to the premises to which the application relates.
(cf 2008 reg cl 10)
(cf 2008 reg cl 11) (1) In preparing a CIS, the applicant must provide each relevant stakeholder with a notice, in the form and manner approved by the Authority, containing information about the relevant application and the process by which the stakeholder is able to consult with the applicant on the relevant application.
(cf 2008 reg cl 12) (1) Any person may, subject to this clause, make a submission to the Authority in relation to any application that is made to the Authority under the Act.
(1) A person who applies for a small bar licence is, when the application is made, to be issued with an interim small bar authorisation by the Secretary if—
(a) the application is made online, and (b) the application is not required to be accompanied by a community impact statement under section 48 of the Act, and (c) the application is, except to the extent provided by this clause, made in accordance with sections 40 and 41 of the Act, and (d) any planning approval required to use the premises for the purposes of a small bar is in force, and (e) the application for the planning approval was subject to a public consultation process under the and indicated that the premises are intended to operate as a small bar. Environmental Planning and Assessment Act 1979 (2) However, the applicant is not to be issued with an interim small bar authorisation in respect of the premises to which the application relates if—
(a) any interim small bar authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or (b) an application for a small bar licence in respect of the premises has been refused during that 12-month period.
(1) While an interim small bar authorisation is in force, the person to whom the authorisation is issued, and any employee or agent of that person, is exempt from section 7 of the Act to the extent that the section prohibits the person, employee or agent from selling liquor on the premises to which the authorisation relates.
(cf 2008 reg cl 16A) (1) A person who makes an application for an on-premises licence relating to a restaurant is, when the application is made, to be issued with an interim restaurant authorisation by the Secretary if—
(a) the application is made online, and (b) the application is not required to be accompanied by a community impact statement under section 48 of the Act, and (c) the application is, except to the extent provided by this clause, made in accordance with sections 40 and 41 of the Act, and (d) any planning approval required to use the premises for the purposes of a restaurant is in force, and (e) the application for the planning approval was subject to a public consultation process under the and indicated that the premises are intended to operate as a licensed restaurant. Environmental Planning and Assessment Act 1979 (2) However, the person making the licence application is not to be issued with an interim restaurant authorisation in respect of the premises to which the application relates if—
(a) any interim restaurant authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or (b) an application for an on-premises licence in respect of the premises has been refused during that 12-month period. (3) The Secretary may, by notice in writing to the person making the licence application, require the person to provide such information as the Secretary requires in relation to matters referred to in subclause (1). If any such information is not provided within 30 days from the giving of the notice the Secretary may revoke the interim restaurant authorisation issued to the person. (4) If—
(a) an application for an on-premises licence relating to a restaurant was made in accordance with the Act before the commencement of this clause but was not determined before that commencement, and (b) the application was not required to be accompanied by a community impact statement under section 48 of the Act, and (c) any planning approval required to use the premises for the purposes of a restaurant is in force, and (d) the application for the planning approval was subject to a public consultation process under the and indicated that the premises are intended to operate as a licensed restaurant, Environmental Planning and Assessment Act 1979 the Secretary may issue the licence applicant with an interim restaurant authorisation.
(cf 2008 reg cl 20) (1) In this clause— commercial catering business means a business that provides catering services—
(a) for functions, occasions or events that are by invitation only, or (b) for fee, gain or reward. relevant authorisation means an authorisation under section 25(6) of the Act to sell liquor on premises other than the licensed premises to which an on-premises licence relates.
(cf 2008 reg cl 21) (1) An authorisation under section 26 of the Act to sell liquor for consumption away from the premises to which an on-premises licence relates may be granted by the Authority only if—
(a) the licence is held by or on behalf of a non-proprietary association and the Authority is satisfied that the licensed premises promote tourism or industry in the local area in which the premises are situated, or (b) the licensed premises are situated in or on a facility that is under the control or management of a public authority (whether or not the licence is held by or on behalf of the public authority).
(1) For the purposes of section 10(1)(g) of the Act, a pop-up licence is prescribed as a type of licence.
(1) The Authority may grant a pop-up licence only if the Authority is satisfied that—
(a) the licence will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises, and (b) the proposed pop-up bar, event or promotion will have a social or economic benefit for the community in the area in which the pop-up bar, event or promotion is located by—
(i) encouraging more diverse and vibrant social, cultural or business activities on the days of the pop-up bar, event or promotion, or (ii) increasing the activation of, or revitalising, local places and spaces in the area in which the pop-up bar, event or promotion is located, or (iii) encouraging outdoor dining to create vibrant local communities and additional opportunities for businesses.
(1) Liquor may only be sold or supplied under a pop-up licence if—
(a) in relation to a pop-up licence (bar)—the number of patrons on the licensed premises does not exceed100 or any lesser maximum number of patrons as may be specified by a condition imposed by the Authority, or (b) in relation to a pop-up licence (event)—the licensee has complied with the arrangements referred to in clause 48C(4) and the number of patrons at the event does not exceed the maximum number of patrons specified (if any) by a condition imposed by the Authority.
(cf 2008 reg cl 31)
(cf 2008 reg cl 33)
(1) A licensee of a small bar who has been granted a minors authorisation must, in accordance with this clause, display a notice on the licensed premises that contains information about the times minors—
(a) are permitted on the premises in the company of a responsible adult, and (b) are permitted on the premises without being in the company of a responsible adult, and (c) are not permitted on the premises. Maximum penalty—20 penalty units.
(cf 2008 reg cl 34) (1) A hotelier must display a notice, in accordance with this clause, in any area of the hotel to which a minors area authorisation relates. Maximum penalty—20 penalty units.
(1) For the purposes of the Act, section 3A, the Secretary may include the following licensed premises on the list of live music and performance venues—
(a) a live music venue, (b) a live performance venue, (c) a venue that participates, or is to participate, in an incentivised event, (d) a venue located in a special entertainment precinct—
(i) that holds live music performances or other arts and cultural events, or (ii) in relation to which the Secretary has been notified of an intention to hold live music performances or other arts and cultural events at that venue. (2) For the purpose of determining whether licensed premises are a live music venue, the Secretary is to consider the following—
(a) if an application was made under the Live Music Support Package in relation to the premises—the content of the application, (b) if an application is made to the Secretary, in a form approved by the Secretary, for the purpose of demonstrating the premises comply with clause 61A(2)—the content of the application. (3) The Secretary may decide not to include licensed premises on the list of live music and performance venues if the premises—
(a) are premises for which the licensee—
(i) has been liable for compliance history risk loading under clause 11 within the last 2 assessment years, or (ii) will be liable to pay compliance history risk loading in the next assessment year, or (b) comprise a karaoke bar, or (c) are premises that are used primarily to provide adult entertainment of a sexual nature.
(cf 2008 reg cll 40, 41 and 43) (1) Staff members of licensed premises A staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised competency card with a current RSA endorsement. Maximum penalty—
(a) if the licensed premises are in a prescribed precinct—20 penalty units, or (b) if the licensed premises are not in a prescribed precinct—10 penalty units. (2) Licensee in relation to staff members of licensed premises The licensee of licensed premises must not cause or permit a staff member to sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised competency card with a current RSA endorsement. Maximum penalty—50 penalty units. (3) Licensee endorsements The licensee of licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises, unless the licensee holds a recognised competency card with—
(a) a current RSA endorsement, and (b) in relation to tier 1 licensed premises—a current licensee endorsement, and (c) in relation to tier 2 licensed premises—a current licensee endorsement and a current advanced licensee endorsement. Maximum penalty—50 penalty units.
(cf 2008 reg cl 42)
(cf 2008 reg cll 42A and 42B)
(1) The Authority must not grant a person either of the following in relation to a function or event that is to be attended by 2,000 or more persons on any day unless the person holds a recognised competency card with a current licensee endorsement—
(a) a limited licence in respect of a function that is a trade fair, (b) a limited licence for a special event.
(1) It is a condition of a licence that the licensee or manager of the licensed premises must hold a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement (or both) if required to do so by the Secretary by notice in writing.
(1) On the completion of a training course by a person, the course provider must, as soon as reasonably practicable, issue the person an interim certificate certifying that the person has completed the course. (1A) On completion of an RSA bridging course by a person, the Secretary is to issue the person with an interim certificate certifying that the person has completed the RSA bridging course.
(cf 2008 reg cl 39A)
(1) This clause applies to a licensee endorsement or advanced licensee endorsement that expires during the relevant period.
(cf 2008 reg cl 39C)
(1) Despite clause 74(1), an RSA endorsement or RCG endorsement may, before 1 March 2023, be renewed if—
(a) the endorsement expires during the period from 1 February 2020 until 28 February 2023, and (b) the following course is completed—
(i) for RSA endorsements—an RSA refresher course, (ii) for RCG endorsements—a relevant approved RCG training course.
(cf 2008 reg cl 39D)
(cf 2008 reg cll 39AA and 49C) (1) The Authority may, on application by the Secretary or the Commissioner of Police, make one or more of the following orders the Authority considers appropriate in the circumstances—
(a) an order suspending—
(i) a recognised competency card and all its endorsements for a period not exceeding the unexpired term of the competency card or all its endorsements, or (ii) a particular recognised competency card endorsement for a period not exceeding the unexpired term of the competency card or competency card endorsement, (b) an order revoking a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, (c) an order declaring that a person is disqualified from holding a recognised competency card, or a particular recognised competency card endorsement, permanently or for the period specified in the order. (2) The Authority may only make an order under this clause in respect of a person if the Authority is satisfied that the person has—
(a) contravened any of the person’s obligations under the Act or this Regulation that, in the opinion of the Authority, relate to the responsible service of alcohol (including, without limitation, permitting intoxication on licensed premises), or (b) been charged with, or found guilty of, a serious indictable offence—
(i) involving violence that was committed on licensed premises or in the immediate vicinity of licensed premises, and (ii) that, in the opinion of the Authority, creates, or has the potential to create, a significant risk of harm to another person associated with the person’s employment on licensed premises, or (c) (d) obtained a recognised competency card or recognised competency card endorsement fraudulently or by deception (including by allowing or arranging for another person to complete or partially complete a training course) (in which case the Authority may only make an order under subclause (1)(b) or (c)). (3) An order made on the ground that a person has been charged with, or found guilty of, a serious indictable offence is revoked if the charge is withdrawn or dismissed or the finding is overturned on appeal. (4) The Authority may not make an order under this clause in respect of a person unless the person has been given notice of the application for the order and has been given a reasonable opportunity to make submissions to the Authority in relation to the application.
(cf 2008 reg cl 49A) (1) An approved training provider who is the TAFE Commission, an industry association or a provider nominated by an industry association may apply to the Secretary for an additional approval to provide any of the following courses online—
(a) an RSA training course, (b) a licensee training course, (c) an advanced licensee training course.
(cf 2008 reg cl 46)
(cf 2008 reg cl 47) (1) For the purposes of section 114B of the Act, an approval to provide a training course is subject to the conditions set out in subclauses (2)–(4), and such other conditions as the Secretary may from time to time impose.
(1) An approved RSA training course (within the meaning of Division 1 of Part 5 of the ) completed before the commencement of this Regulation is taken to be an industry RSA training course. Liquor Regulation 2008 (2) Clauses 63(3)(b) and (c) and (4)(b) and (c), 66 and 67 do not take effect until 1 April 2019.
(cf 2008 reg cl 53D) (1) In this clause, liquor sales cessation period means—
(a) the period on any day of the week between 3.30am and the commencement of the standard trading period referred to in section 12(1)(a)(i) of the Act, or (b) for subject premises to which section 12A of the Act applies, the period on any day of the week between 4am and the commencement of the standard trading period referred to in section 12(1)(a)(i) of the Act, but only if the conditions in section 12A(3) of the Act were met after 8pm on the preceding day.
(cf 2008 reg cl 53E) (1) This clause applies to subject premises that the Secretary has, by written notice to the licensee, declared to be premises to which this clause applies.
(cf 2008 reg cl 53F) (1) This clause applies to subject premises (other than a small bar) if liquor is authorised to be sold for consumption on the premises.
(cf 2008 reg cll 53H and 53I) (1) This clause applies to subject premises that the Secretary has, by written notice to the licensee, declared to be premises to which this clause applies.
(cf 2008 reg cl 53L) (1) The licensee of subject premises must maintain a register, in the form approved by the Secretary, in which the licensee is to record, in the manner approved by the Secretary, the details of any of the following incidents and any action taken in response to any such incident—
(a) any incident involving violence or anti-social behaviour occurring on the premises, (b) any incident of which the licensee is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the premises and that involves a person who has recently left, or been refused admission to, the premises, (c) any incident that results in a person being turned out of the premises under section 77 of the Act, (d) any incident that results in a patron of the premises requiring medical assistance, (e) any incident that involves the possession or use on the premises of any substance that the licensee suspects of being a prohibited plant or a prohibited drug.
(1) For the purposes of section 114P of the Act, the minimum requirements for the training are that the training provides the same day delivery provider, employee or agent with an understanding of the following—
(a) the obligations for responsibly delivering alcohol under the Act and other State laws, (b) how to responsibly serve alcohol in the context of delivering liquor, including how to recognise intoxication and reduce the risk of supply of liquor to minors, (c) how to ensure the provider’s, employee’s or agent’s own safety in delivering liquor.
(1) This clause prescribes, for the Act, section 114HA(1)(b) and (2)—
(a) the minimum standard for a process used by a same day delivery provider to verify the age of a person entering into an agreement for same day liquor delivery, and (b) the form of authentication the person is required to undergo for a second or subsequent occasion on which the person intends to enter into an agreement for same day liquor delivery with the same day delivery provider.
(1) The provisions of the Act relating to the sale or supply of liquor do not apply to a trial managed alcohol program that is—
(a) operated by St Vincent’s Hospital Sydney Limited, ACN 054 038 872 ( St Vincent’s Hospital Sydney ), and(b) carried out at one or more of the following premises (the approved premises )—
(i) the Matthew Talbot Hostel at 22 Talbot Place, Woolloomooloo, (ii) other premises nominated by St Vincent’s Hospital Sydney and approved in writing by the Authority.
(cf 2008 reg cl 80B) (1) An application under section 94 of the Act to change the boundaries of a licensed restaurant is, when the application is made, taken to be provisionally approved if—
(a) the application is made in a form and manner approved by the Secretary, and (b) the applicant declares in the application that the area to which the application relates is to be used for outdoor dining and the sale of liquor with (or ancillary to) outdoor dining, and (c) any approval by the local council that is required for the area to which the application relates to be used for outdoor dining has been obtained.
(cf 2008 reg cl 70D) (1) In this clause— existing general bar licence means a general bar licence in force immediately before the commencement of the. Liquor Amendment (Night Time Economy) Regulation 2019 existing licence means an existing general bar licence or an existing on-premises licence.existing on-premises licence means an on-premises licence in force immediately before the commencement of therelating to licensed premises in respect of which the Authority is satisfied that development consent granted under the Liquor Amendment (Night Time Economy) Regulation 2019 would permit the premises to operate as a small bar. Environmental Planning and Assessment Act 1979 existing premises means the premises to which an existing licence related immediately before the cancellation of the licence under this clause.(2) The holder of an existing licence may surrender the licence to the Authority before 1 March 2021.
(1) In this clause, former community liquor licence means a community liquor licence granted under thethat is taken to be a hotel licence by virtue of clause 12 of Schedule 1 to the Liquor Act 1982 . Liquor Act 2007 (2) Licence transfer application fee The fee payable for an application under section 60 or 61 of the Act to transfer a former community liquor licence is as follows—
(a) fixed component—nil, (b) processing component—1 fee unit, (c) total—1 fee unit.
(Clause 4)
(Section 116C(1) of the Act)
(Section 116B(2)(b) and (3) of the Act)
clause 90(2)(f)
(Section 13 of the Act)