Part 1 Preliminary
1 Name of Regulation
This Regulation is the Liquor Regulation 1996.
2 Commencement
This Regulation commences on 1 September 1996.
3 Definitions
(1) In this Regulation:Infringement Processing Bureau means the Infringement Processing Bureau within the Police Service.IPB Code, in relation to an offence, means the code allocated to the offence by the Infringement Processing Bureau., in relation to premises or proposed premises, means:(a) (unless paragraph (b) applies) the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.local court district means a district appointed under section 6 (1) of the Local Courts Act 1982 for which a local court may be held.Sydney Metropolitan Area means the local court districts of Eastern Metropolitan, Manly-Warringah, Northern Metropolitan, Parramatta, Southern Metropolitan and Western Metropolitan.the Act means the Liquor Act 1982.(2) Expressions used in this Regulation which are defined in the Act have the meanings set out in the Act.cl 3: Am 1998 No 29, Sch 2.7; 17.12.1999.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
4A Prescribed substances
(1) For the purposes of paragraph (c) of the definition of liquor in section 4 (1) of the Act, an alcohol-based food essence that is packaged:(a) in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity, oris prescribed, except in circumstances where the alcohol-based food essence is sold in that container by wholesale.(b) in any other case—in a container of more than 50 millilitres capacity,(1A) For the purposes of paragraph (c) of the definition of liquor in section 4 (1) of the Act, any vapour that would, as a liquid, be a beverage as referred to in paragraph (a) of that definition is prescribed.(2) In this clause:alcohol-based food essence means a food flavouring preparation in liquid form that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume.cl 4A: Ins 17.12.1999. Am 16.7.2004.
5 Persons authorised to sell liquor
(1) For the purposes of paragraph (d) of the definition of in section 4 (1) of the Act, the holder of a licence issued under section 18 of the Act (as modified and applied to and in respect of a casino by the Casino Control Regulation 1995 made under the Casino Control Act 1992) is prescribed.(2) Subclause (1) does not apply in respect of the term as used in section 80 (3) (b) of the Act.
5A Auction of liquor
For the purposes of section 6 (e) of the Act, the prescribed circumstances are as follows:(a) where the liquor is auctioned as part of an auction held to dispose of all or part of the contents of a warehouse or similar commercial premises (being premises where auctions are not regularly held), and the auction is held at those premises,(b) where the liquor is auctioned as part of an auction held to dispose of all or part of the contents of a private dwelling (being a dwelling where auctions are not regularly held), and the auction is held at the dwelling.cl 5A: Ins 17.9.1999.
6 Wine
For the purposes of the definition of wine in section 4 (1) of the Act, cider, perry and mead are prescribed as wine.
7 Prescribed places
In accordance with section 5 (2) of the Act, the cities and towns specified in Schedule 1 are declared to be prescribed places for the purposes of the Act.
Part 2 Applications
Division 1 Lodgment of applications
8 Form of application
(1) An application under the Act must be made in a form approved by the Board.(2) An application must be lodged in triplicate. If the application is required to be advertised, the notice of hearing of the application must be lodged in quadruplicate.(3) An application (other than an application for transfer of a licence) must be accompanied by an affidavit setting out the facts on which the applicant proposes to rely.(4) Any affidavit required by this Regulation or the Act to accompany an application must be lodged in triplicate.
9 Application for on-licence (function)—additional requirements
(1) The affidavit accompanying an application for an on-licence to sell liquor at a function must include:(a) a statement in relation to each function to which the application relates:(i) specifying the nature of the function, and(ii) specifying the proposed date of the function, and(iii) describing and identifying the exact location where the function is proposed to be held, and(iv) specifying the manner in which it is proposed to sell and supply liquor at the function, and(v) specifying the proposed trading hours, and(vi) if the application is made by the holder of a hotelier’s licence—the name and address of the premises to which the licence relates, and(vii) specifying the estimated quantity of each kind of liquor that will be purchased for sale or supply under the authority of the licence (except where the application is made by the holder of a hotelier’s licence), and(viii) if the application is made by or on behalf of a non-proprietary association—specifying particulars of each on-licence to sell liquor at a function granted during the last preceding period of one year on an application made by or on behalf of that association, and(b) if the function is a trade fair—a statement to that effect specifying the name of the trade fair, and(c) if any function to which the application relates is a function of a non-proprietary association—a statement to that effect in relation to each such function, specifying the name of the association, indicating why it is claimed to be a function of the association and confirming that the association, by its constitution or any law that governs its activities:(i) is required to apply its profits, if any, and other income to the promotion of its objects or to purposes provided for by any such law, and(ii) is prohibited from paying dividends or distributing profits or income to its shareholders or members.(2) The affidavit accompanying an application to the Licensing Court for approval to sell liquor at an additional function or functions (section 18 (5B) (b) of the Act) need only include (in relation to each function) a statement as to the matters set out in subclause (1) (a) (i)–(v).(3) An application for an on-licence to sell liquor at a function other than a trade fair must be accompanied by a copy of the constitution of the non-proprietary association on whose behalf the application is made.cl 9: Am 5.3.1999.
9A Application by hotelier for authorisation to sell liquor at function held at other premises (section 18 (6) of the Act)
(1) This clause applies to an application by a hotelier under section 18 (6) of the Act for authorisation to sell liquor at a function that is to be held on premises (the other premises) other than the premises to which the hotelier’s licence relates (the applicant’s premises).(2) In dealing with an application to which this clause applies, the Licensing Court or registrar is not to grant the application unless satisfied:(a) that practices will be in place at the other premises as soon as the function concerned commences that ensure, as far as reasonably practicable, that liquor is sold, supplied and served responsibly on the other premises and that all reasonable steps are taken to prevent intoxication on the other premises, and(b) that those practices will remain in place.(3) For the purposes of section 18 (6) of the Act, the other premises must be situated within 50 kilometres by road of the applicant’s premises.(4) However, subclause (3) does not apply if there is no hotel situated within 50 kilometres by road of the other premises.cl 9A: Ins 14.12.2001.
10 Plans to accompany certain applications
An application:(a) for a licence other than:(i) an off-licence to auction liquor, or(ii) an on-licence for an aircraft, or(iii) a temporary on-licence (function), or(iv) (Repealed)(b) for an authorisation under section 88 or 112 of the Act, or(c) for a variation of trading hours under section 25 (except subsection (4)) or 35D of the Act, or(d) under section 49 (2) of the Act (modification of accommodation requirements), ormust be accompanied by 3 copies of a plan, properly drawn to scale, of the premises in respect of which the application is made or, in the case of an application for removal of a licence, of the premises to which it is desired to remove the licence.(e) for removal of a licence,cl 10: Am 21.2.1997; 5.3.1999; 28.3.2002.
11 Application fees (sections 37 (4) and 111E of the Act)
The fees to accompany applications are as follows:
12 Lodgment of applications
(1) An application must be lodged with the Principal Registrar if the licensed premises to which the application relates are, or will be, in the Sydney Metropolitan Area.(2) (Repealed)(3) Any other application must be lodged:(a) with the registrar at the prescribed place at, or nearest to which, the licensed premises to which the application relates are, or will be, located, or(b) with the consent of the Principal Registrar—with the Principal Registrar, or(c) as the Licensing Court directs.(4) Immediately after fixing the date for the hearing of an application, the Principal Registrar or registrar must send a copy of the application to the Commissioner of Police and the Director of Liquor and Gaming.cl 12: Am 28.3.2002.
13 Venue for hearing of applications (section 11 (3) of the Act)
(1) The venue for the hearing of an application is:(a) Sydney (if the application is required by this Regulation to be lodged with the Principal Registrar), or(b) if the application is required by this Regulation to be lodged with the registrar at a prescribed place—that prescribed place or, with the consent of the Principal Registrar, Sydney.(2) An application is to be heard at another venue if the Licensing Court so directs.
14 Grounds of objections to applications
A notice of objection to an application must specify the ground or grounds on which the objection is taken.
Division 2 Advertisement of applications
15 Definition
(1) In this Division:application means:(a) an application for a licence other than:(i) an on-licence for an aircraft or to sell liquor at a function, or(ii) (Repealed)(b) an application for removal of a licence, or(c) an application for revocation or variation of a condition of a licence, or(c1) an application for a dine-or-drink authority:(i) that is intended to be endorsed on an existing on-licence relating to a restaurant, or(ii) that is made in conjunction with an application for an on-licence relating to a restaurant (being an on-licence on which the authority is intended to be endorsed), or(c2) an application for a dine-or-drink authority:(i) that is intended to be endorsed on an existing nightclub licence, or(ii) that is made in conjunction with an application for a nightclub licence (being a nightclub licence on which the authority is intended to be endorsed), or(d) an application under section 25 of the Act (except subsection (4)) for a variation of hotel trading hours, or(e) an application under section 27 of the Act to extend Sunday trading hours under an off-licence to sell liquor by retail, or(f) an application for a variation of trading hours (on-licence (restaurant)) under section 32 (1) of the Act, or(f1) an application for a variation of trading hours (nightclub licence) under section 35D of the Act or under clause 63 of Schedule 1 to the Act,(g) except where, in a particular case, a licensing magistrate otherwise directs—an application under section 49 of the Act to dispense with a requirement or condition for the provision of residential or other accommodation, or(h) if a licensing magistrate or the Licensing Court directs that this clause applies to some other specified application—that application.(2) Despite paragraph (a) of the definition of application, an application for an on-licence to sell liquor at a function is an application for the purposes of this Division to the extent that such an application is expressly referred to in this Division.cl 15: Am 21.2.1997; 30.10.1998; 5.3.1999; 17.9.1999; 17.12.1999; 28.3.2002.
16 Applications to be advertised in newspapers
(1A) This clause applies to an application other than:(a) an application for a dine-or-drink authority that is intended to be endorsed on:(i) an existing on-licence relating to a restaurant, or(ii) an existing nightclub licence, or(b) an application that relates to a community liquor licence.(1) An applicant must advertise an application to which this clause applies in a newspaper that circulates throughout New South Wales and:(a) in the case of an application for removal of a licence:(i) if a local newspaper circulates both in the area from which, and in the area to which, the licence is proposed to be removed—in such a newspaper, and(ii) in any other case—in a local newspaper that circulates in the area from which the licence is proposed to be removed and in a local newspaper that circulates in the area to which the licence is proposed to be removed, or(b) in the case of any other application—in a local newspaper that circulates in the area in which the licensed premises to which the application relates are, or will be, located.(2) The advertisement must be published 14 clear days before the date fixed by the registrar for the hearing of the application.(3) The advertisement must include the following:(a) the full name and address of the applicant,(b) the purpose of the application,(c) the name and location of the licensed premises or proposed licensed premises,(d) the date and place fixed for the hearing of the application.(4) For the purposes of subclause (1):(a) an application for a dine-or-drink authority made in conjunction with an application for an on-licence relating to a restaurant and an application for an on-licence to which the authority relates, ormay be contained in the same advertisement.(b) an application for a dine-or-drink authority made in conjunction with an application for a nightclub licence and an application for a nightclub licence to which the authority relates,(5) An applicant for a permanent on-licence (function) must advertise the application:(a) in a local newspaper that circulates in the area in which the licensed premises to which the application relates are, or will be, located, and(b) in accordance with subclauses (2) and (3).cl 16: Am 30.10.1998; 5.3.1999; 17.9.1999; 17.12.1999.
16A Advertising of community liquor licence applications
An applicant must advertise an application that relates to a community liquor licence:(a) in a local newspaper that circulates in the area in which the licensed premises to which the application relates are, or will be, located, and(b) in accordance with clause 16 (2) and (3).cl 16A: Ins 17.12.1999.
17 Fixing of copies of applications to premises
(1) A copy of an application, with the date for hearing inserted in it, must be fixed by the applicant:(a) in the case of an application for removal of a licence—to the premises from which, and to the premises to which, it is proposed to remove the licence, and(b) in any other case—to the licensed premises, or proposed licensed premises, to which the application relates.(2) The copy must be at least of the same print and paper size as the application.(3) The copy must be fixed to the premises for the whole of the period of 14 days preceding the date for hearing.(4) If premises have not been erected, the requirement to fix a copy of an application to premises may be satisfied by fixing the copy to a notice board erected on the land on which it is proposed to erect the premises.(5) A copy of an application is not fixed to premises or land in accordance with this clause unless:(a) it is fixed to the premises or land in such a position that it is legible to members of the public passing the premises or land, and(b) if the Board has directed that it also be fixed in another specified position—it is also fixed in that other position.
18 Service of copies of applications on local authorities and police
(1) An applicant must serve a copy of the application, with the date of hearing inserted in it:(a) in the case of an application for removal of a licence—on the local consent authority for the area in which the premises from which it is proposed to remove the licence are situated and on the local consent authority for the area in which the premises to which it is proposed to remove the licence are, or will be, situated, and(b) in any other case—on the local consent authority for the area in which the premises to which the application relates are, or will be, situated.(2) The copy must be served not later than 14 days before the date of hearing of the application.(3) An applicant for a permanent on-licence (function) must serve a copy of the application, with the date of hearing inserted in it, in accordance with subclauses (1) (b) and (2).(4) For the purposes of section 51 (3) (a) of the Act, an applicant for a temporary on-licence (function), or an approval of an additional function under a permanent on-licence (function), must provide:(a) a copy of the application to the local consent authority for the area in which the premises to which the application relates are situated, not later than 3 working days after the application is lodged in accordance with clause 12, and(b) a copy of the application to the Patrol Commander at the police station nearest to the premises to which the application relates, not later than 3 working days after the application is lodged in accordance with clause 12.cl 18: Am 5.3.1999.
Division 3 Social impact assessment of licence applications
pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.
18A Definitions
In this Division:relevant application means an application to which Division 6A of Part 3 of the Act applies.relevant facility means any of the following:(a) a school,(b) a hospital,(c) a place of worship,(d) public housing accommodation,(e) any facility (including housing) that is used primarily by Aboriginal people,(f) any place or area in which young people are likely to congregate (such as a game arcade),(g) a women’s refuge,(h) a counselling centre (particularly if associated with counselling alcohol-related problems),(i) a hostel (or similar accommodation facility) for any of the following:(i) homeless people,(ii) people with psychiatric illnesses or intellectual disabilities,(iii) people with alcohol-related problems,(j) a detoxification centre,(k) an authorised place of detention within the meaning of the Intoxicated Persons Act 1979 or Part 16 of the Law Enforcement (Powers and Responsibilities) Act 2002,(l) any alcohol-free zone within the meaning of the Local Government Act 1993,(m) any area that has been identified by the police as being a problem area in relation to public drinking.relevant premises means the premises to which a relevant application relates.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cl 18A: Ins 23.7.2004.
18B Categories of SIA
(1) A social impact assessment (SIA) required to be provided in connection with a relevant application is to be a “category A” SIA or a “category B” SIA (as determined in accordance with this clause).(2) A “category A” SIA is required to be provided if:(a) the relevant application is for:(i) the removal of an off-licence to sell liquor by retail to premises that, in the case of a metropolitan area, are or will be situated within 500 metres of the previous premises, or(ii) the removal of a hotelier’s licence to premises that, in the case of a metropolitan area, are or will be situated within 1 kilometre of the previous premises, or(iii) the removal of a hotelier’s licence, or an off-licence to sell liquor by retail, to premises that are or will be situated, in the case of a country area, within 5 kilometres of the previous premises, and(b) the trading hours of the relevant premises are to be the same as, or more restricted than, the trading hours of the previous premises, and(c) the conditions of the licence concerned are not being varied (unless the variation relates to a condition that, in the opinion of the Board, relates to a matter that is specific to the location of the previous premises), and(d) the total area of the licensed premises to which the licence is to be removed does not exceed the area of the previous premises by more than 10%.(3) A “category B” SIA is required to be provided in connection with any other relevant application.(4) For the purposes of subclause (2) (a), the distance between the premises to which the licence is to be removed and the previous premises is to be measured in a straight line on a horizontal plane from the closest boundaries of the premises concerned.(5) In deciding, for the purposes of subclause (2) (c), whether or not a condition of a licence is a condition that is specific to the location of the previous premises, the Board is, without limiting the operation of section 62F (4) of the Act, subject to the guidelines furnished by the Minister under section 62F (3) of the Act.(6) If the area of the previous premises has been redefined under section 90 of the Act at any time during the 5-year period immediately preceding the relevant application, the area of the previous premises is, for the purposes of subclause (2) (d), taken to be the largest area of the premises during that period.(7) In this clause:country area means an area of the State that is outside of a metropolitan area.metropolitan area means any of the following areas as determined by the Australian Bureau of Statistics:(a) the Sydney Statistical Division,(b) the Statistical Local Areas of Newcastle (Statistical Local Areas 5901 and 5902),(c) the Statistical Local Area of Lake Macquarie (Statistical Local Area 4650),(d) the Statistical Local Area of Wollongong (Statistical Local Area 8450).previous premises, in relation to a relevant application, means:(a) the licensed premises from which the licence concerned is to be removed, or(b) in the case where the court or the Board has imposed a condition that the licence concerned is to be held in a dormant capacity—the premises on which liquor was last sold under the licence.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cl 18B: Ins 23.7.2004. Am 2004 No 91, Sch 2.45.
18C SIA fees
For the purposes of section 62C (3) of the Act, the prescribed fee is:(a) $550 for a “category A” SIA, or(b) $6,600 for a “category B” SIA.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cll 18C: Ins 23.7.2004.
18D “Category A” SIA requirements
A “category A” SIA must include a list of any relevant facility that may reasonably be considered to be in the immediate vicinity of the relevant premises.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cll 18D: Ins 23.7.2004.
18E “Category B” SIA requirements
(1) The following information must be included in a “category B” SIA:(a) a map of the local government area in which the relevant premises are or will be situated (the area), indicating the location or proposed location of the premises,(b) a description of the local community that is likely to be affected by the granting of the relevant application (including the area or group from which the persons utilising the services and facilities of the relevant premises are likely to be drawn),(c) the nature of the business to be conducted on the relevant premises and the proposed trading hours,(d) the number of licensed premises in the area and the trading hours for those premises,(e) the number of young persons living in the area per licensed premises in the area,(f) the number of adults living in the area per licensed premises in the area,(g) a demographic profile of the area that includes the following details:(i) the number of persons living in the area who are of or above the age of 15 years and who do not hold a tertiary or trade qualification,(ii) the number of Aboriginal and Torres Strait Islander persons living in the area,(iii) the number of persons living in the area who are from a non-English speaking background,(iv) the number of households with 2 or more families,(v) the number of households in rented accommodation,(vi) the number of single parent households with dependent children,(vii) the unemployment figures for the area,(viii) the number of persons living in the area who work as labourers or in related occupations,(ix) the population density for the area,(x) where available, the tourism visitation data for the area,(h) a list of any relevant facility that may reasonably be considered to be in the immediate vicinity of the relevant premises,(i) in the case where the relevant application relates to a hotel—details of the public transport facilities (including taxi services) that would be available to patrons or of any transport facilities proposed to be provided by the applicant for patrons,(j) the responsible service of alcohol measures adopted or to be adopted in relation to the relevant premises,(k) whether the licensee has entered into (or is proposing to enter into) a local liquor accord and, if the licensee has entered into any such accord, details of the measures undertaken by the licensee in relation to the accord,(l) where available, the following social health indicators for the area:(i) the incidence of alcohol-related crime in the area (as reported by the Bureau of Crime Statistics and Research or by the NSW Police Force),(ii) the rates and general trend in alcohol-related hospital admissions,(iii) the number of emergency accommodation services operating in the area, the number of drug and alcohol counselling services operating in the area and the number of domestic violence services and refuges operating in the area, and the capacity of these services to meet demand,(m) where available, the Statewide statistics for the social health indicators specified in paragraph (l),(n) in the case of a local government area where there is a recognised Aboriginal or Torres Strait Islander community or a recognised community of persons from a non-English speaking background—the views of the leaders of any such community as to the need for any additional licensed premises in the area.(2) In the case where the relevant premises are or will be situated near the boundary of another local government area, the SIA:(a) may also include the information specified in subclause (1) (d), (e), (f), (g), (l) and (n) in relation to that other local government area, and(b) must include that additional information in such cases as may be directed by the Board.(3) In the case where the relevant premises are or will be situated in a locality that comprises a recognisable or discrete local community, the SIA may, in addition to the information required in relation to the local government area or areas concerned, also include the information specified in subclause (1) (d), (e), (f), (g), (l) and (n) in relation to that locality.(4) The following matters must be assessed or addressed in a “category B” SIA:(a) the extent of the impact that the granting of the relevant application would or might have on noise, parking and traffic levels and on the amenity of the local community (including the potential for increased littering, vandalism and public drunkenness),(b) whether the relevant application, if granted, would or might result in a significant change to the character or identity of the local community,(c) the potential for increased social and community amenity, including regeneration of the locality and buildings, employment opportunities, expansion of entertainment (apart from drinking and gambling) and details of any sponsorships of, or contributions to, local community and sporting groups or projects.(5) The applicant may also provide details of any active mitigation measures that will be used to minimise any recognised or potential negative impacts in relation to the granting of the relevant application.(6) In this clause:adult means a person who is of or above the age of 18 years.licensed premises means a hotel or the premises to which an off-licence to sell liquor relates.young person means a person who is aged 15 years or above but who is under the age of 18 years.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cll 18E: Ins 23.7.2004. Am 2007 No 27, Sch 4.16.
18F Consultation requirements in relation to “category B” SIA
(1) If a “category B” SIA is provided to the Board in connection with a relevant application, a copy of the SIA must be provided by the applicant to each of the following:(a) the local council for the local government area in which the relevant premises are or will be situated,(b) if the relevant premises are or will be situated near the boundary of another local government area—the local council for that other local government area,(c) the NSW Police Force,(d) the Roads and Traffic Authority,(e) any body or organisation (such as a Chamber of Commerce) representing commercial or business interests in the locality in which the relevant premises are or will be situated,(f) any organisation representing the interests of tourism in the locality,(g) the Council of Social Service of New South Wales,(h) the Department of Community Services,(i) the area health service for the locality,(j) Network of Drug and Alcohol Agencies Inc,(k) the convenor of any local liquor accord for licensed premises in the locality,(l) the occupier of any premises in the immediate vicinity of the relevant premises.(2) The copy of the SIA must be accompanied by a document, in the form approved by the Board, explaining the purpose of the SIA and the recipient’s role in the consultation process.(3) Each person, body or organisation provided with a copy of the SIA under this clause is to be invited to make submissions to the Board on the social impact assessment within 30 days of receiving the copy of the assessment (or such longer period as the Board may approve).(4) The Board may also invite submissions on the SIA from such other persons or bodies as it thinks relevant.(5) In determining the SIA, the Board is to take into account any submissions made to it under this clause.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cll 18F: Ins 23.7.2004. Am 2007 No 27, Sch 4.16.
18G Advertising of SIA when relevant premises not erected or occupied
In the case where the relevant premises to which a relevant application relates are not yet erected or occupied by the applicant, section 62E (1) (a) of the Act is complied with if the SIA that is required to be provided in connection with the application is dealt with as follows:(a) by placing a copy of the SIA on exhibition on premises in the area in which the relevant premises are or will be situated,(b) by allowing any person to inspect, at no cost, the SIA at those premises between the hours of 9 am and 5 pm on Monday to Friday (or at such other times as the applicant thinks fit),(c) by attaching a notice to the outside of the relevant premises, or to the perimeter of any vacant site on which those premises will be erected, in such a way that the notice can be easily seen and read by a member of the public passing the premises or site, being a notice stating:(i) that a SIA in connection with an application for a licence or licence removal in relation to those premises can be inspected by any member of the public at no cost, and(ii) where and when the SIA can be inspected by the public.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cll 18G: Ins 23.7.2004.
18H Summary of “category B” SIA
A “category B” SIA that is provided to the Board in connection with a relevant application must include, as part of the SIA, a summary or overview of the information and other matters raised or addressed in the SIA.pt 2, div 3 (cll 18A–18H): Ins 23.7.2004.cll 18H: Ins 23.7.2004.
Part 3 Conditions of licences and dine-or-drink authorities
pt 3, hdg: Am 30.10.1998.
Division 1 General
19 Display of name of licensed premises
The sign required by section 91 (1) of the Act to appear and be maintained on the front of licensed premises:(a) must appear and be maintained near the principal public entrance to the premises in such a manner that it may be read from the part of a public place to which the front of the premises abuts, and(b) must, in addition to the name for the premises and the name of the licensee, specify the type of licence held.
20 Prohibited names
(1) This clause commences on 1 September 1997.(2) For the purposes of section 91 of the Act, the following are prohibited names:(a) for licensed premises except a hotel, wine bar, nightclub, premises to which a community liquor licence relates, restaurant the on-licence relating to which is endorsed with a dine-or-drink authority, or restaurant that has an authorised reception area: a name that uses the word “bar” in such a manner as to suggest that liquor may be sold or supplied for consumption on the premises without a meal,(b) for any licensed premises: a name that uses the word “club” in such a manner as to suggest that the premises are a registered club,(c) for any licensed premises except a hotel or nightclub: a name that uses the words “night spot” or “nightclub” or other words that suggest a nightclub.(3) Despite subclause (2), a name that immediately before 1 September 1997 was a name noted on the licence relating to licensed premises is not a prohibited name for those premises until the licence is surrendered or cancelled.(4) Nothing in subclause (2) is to be taken as prescribing any prohibited names for premises that are licensed premises only because there is an on-licence in force to sell liquor at a function held on those premises.(5) Despite subclause (2) (a), for the purposes of section 91 of the Act, a name is a prohibited name for a restaurant the on-licence relating to which is endorsed with a dine-or-drink authority, or for a restaurant that has an authorised reception area, if the name uses the word “bar” in such a manner as to suggest that the restaurant has a bar at which liquor may be sold or supplied in a manner that would not be consistent with the conditions of the licence for the premises.(6) For the purposes of section 91 (2E) of the Act, the name “community hotel” is permitted for use in relation to licensed premises to which a community liquor licence relates.(7) In subclause (2):nightclub means premises in respect of which a nightclub licence is in force.wine bar means premises in respect of which a licence referred to in section 21A of the Act is in force.cl 20: Am 21.2.1997; 30.10.1998; 17.12.1999.
21 Display of licence
(1) Every licence is subject to a condition that the licence must at all times be prominently displayed on a part of the licensed premises accessible to the public during trading hours.(2) This clause does not apply to a licence during any time when it is in, or in transit to or from, the custody of the Licensing Court.cl 21: Am 28.3.2002.
22 Affidavit that person other than licensee is interested in business
An affidavit required by the condition imposed by section 101 (4A) of the Act must be lodged in triplicate.cl 22: Am 30.7.1999.
Division 2
23, 24 (Repealed)
pt 3, div 2 (cll 23, 24): Rep 5.3.1999.
Division 2A Dine-or-drink authority
pt 3, div 2A: Ins 30.10.1998.
24A Definition
For the purposes of this Division, a licensee means the holder of an on-licence relating to a restaurant, being an on-licence that is endorsed with a dine-or-drink authority.cll 24A: Ins 30.10.1998.
24B Records of food and liquor sales
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that:(a) the licensee maintains proper and accurate records that show the total monthly liquor sales and the total monthly food sales for the restaurant to which the authority relates, and(b) such records are made available for inspection on request by a police officer or special inspector at any reasonable time.cll 24B: Ins 30.10.1998.
24C Advertising of restaurant
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that is endorsed on an on-licence relating to a restaurant that the licensee is not to advertise the restaurant to which the authority relates in a manner that is inconsistent with the primary purpose of the premises, as referred to in section 23 (2A) of the Act (including, for example, advertising the restaurant only as a drinking bar or as other such premises that have as their primary purpose the sale of liquor).cll 24C–24E: Ins 30.10.1998. Am 17.12.1999.
24D Increase in seated dining positions
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that is endorsed on an on-licence relating to a restaurant and that authorises 100 or fewer seated dining positions that the number of seated dining positions at the restaurant to which the authority relates may exceed 100 only if:(a) the increase in seated dining positions is otherwise authorised under the Act, and(b) the difference between:(i) the prescribed fee paid for the dine-or-drink authority under section 56 (9) of the Act, andhas been paid.(ii) the prescribed fee applicable to a dine-or-drink authority authorising over 100 seated dining positions for premises in the same area as the restaurant concerned,cll 24C–24E: Ins 30.10.1998. Am 17.12.1999.
24E Display of notice advising public of dine-or-drink authority
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority (whether endorsed on an on-licence relating to a restaurant or on a nightclub licence) that:(a) a notice is to be displayed, at or near the main public entrance to the restaurant or nightclub, that clearly indicates that the restaurant or nightclub is a dine-or-drink venue, and that clearly states the percentage of seated dining positions available for diners under the authority (for example, in the case of a restaurant, “Dine-or-drink—This licensed restaurant serves diners and drinkers, with 70% of seats reserved for diners.” or, in the case of a nightclub, “Dine-or-drink—Prior to 8pm, this nightclub serves diners and drinkers, with 70% of seats reserved for diners.”), and(b) the wording in the notice is legible and prominent, and(c) the notice is displayed in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.cll 24C–24E: Ins 30.10.1998. Am 17.12.1999.
Division 3 On-licence (restaurant)
25 Reception areas
(1) Application for authority to establish or alter a reception area in a restaurant may not be made if the granting of the application would result in there being more than one reception area in the restaurant.(2) A reception area must be physically defined in a manner approved by the Licensing Court to distinguish it from the part of the restaurant in which meals are served to customers.(3) A reception area must be so located that the principal public entrance to the restaurant is not within the reception area.(4) The maximum number of seats in a reception area must be in accordance with the following Table:Table
26 (Repealed)
cl 26: Am 30.10.1998; 26.11.1999. Rep 25.8.2000.
Division 4 Caterer’s licences
27 Notice to be given of proposals to provide catering services on premises other than the premises comprising the commercial kitchen specified in the licence
(1) A caterer’s licence is subject to a condition that the licensee must give written notice of any proposal to provide catering services at a function, occasion or event to be held on premises other than the premises comprising the commercial kitchen specified in the licence (or premises contiguous with that commercial kitchen) to:(a) the local consent authority, andfor the area in which the other premises are situated.(b) the police patrol commander,(2) The notice must include the following details:(a) the address of the premises on which the function, occasion or event is to be held,(b) the name of the occupier of those premises,(c) the nature of the function, occasion or event,(d) the number of persons for whom catering services are to be provided at the function, occasion or event,(e) the date on which, and the hours during which, the function, occasion or event is to be held.(3) The notice must be given not less than 14 days before the date on which the function, occasion or event is to be held.
28 Objections to the sale or supply of liquor under a caterer’s licence at premises other than the premises comprising the commercial kitchen specified in the licence
(1) An objection to the proposed sale or supply of liquor under a caterer’s licence at a function, occasion or event to be held on premises other than the premises comprising the commercial kitchen specified in the licence (or premises contiguous with that commercial kitchen) may be made:(a) by a person authorised by the local consent authority, orfor the area in which the other premises are situated.(b) by the police patrol commander,(2) Any objection must be lodged with the Licensing Court within 7 days after notice of the proposal has been given under clause 27.(3) An objection may be taken:(a) on the ground that the premises on which the function, occasion or event is to be held are in the immediate vicinity of a place of public worship, a hospital or a school, or(b) on the ground that the quiet and good order of the neighbourhood in which those premises are situated are likely to be disturbed if liquor is sold or supplied at the function, occasion or event, or(c) on any other ground that the Licensing Court is satisfied is not frivolous or vexatious.(4) An objection may not be heard unless a copy of the objection has been given to:(a) the holder of the caterer’s licence, andat least 3 days before the hearing.(b) the occupier of the premises on which the function, occasion or event is to be held,(5) After hearing an objection under this clause, the Licensing Court may:(a) dismiss the objection, or(b) make an order prohibiting the holder of the licence from selling or supplying liquor under the licence at the function, occasion or event, or(c) make an order imposing conditions on the sale or supply of liquor under the licence at the function, occasion or event.
29 Restrictions on selling or supplying liquor under licences
A caterer’s licence is subject to the following conditions:(a) that the licensee must not (otherwise than with the consent of the Board) sell or supply liquor under the licence at any function, occasion or event:(i) if the licensee is the holder of any other licence under the Act which authorises the licensee to sell or supply liquor, or(ii) (Repealed)(b) that the licensee must not sell or supply liquor under the licence at any function, occasion or event if the Licensing Court has (not less than 7 days before the date on which the function, occasion or event is to be held) made an order prohibiting the selling or supplying of liquor under the licence at that function, occasion or event.cl 29: Am 17.12.1999.
Division 5 Off-licences
30 Off-licence (vigneron)—maximum quantities of liquor which may be sold or supplied
For the purposes of section 22 (1) (d) of the Act, the quantities prescribed are quantities that do not exceed 45 litres.
31 Off-licence to auction liquor—keeping of records
An off-licence to auction liquor is subject to a condition that all records required to be kept by the licensee by or under the Act must be kept at a place approved by the Board.
Part 4 Minors
32 Definition
For the purposes of the definition of responsible adult in section 4 (1) of the Act, a person who is of or above the age of 18 years and who, in relation to a minor, belongs to one or more of the following classes of persons is, in relation to the minor, a responsible adult for the purposes of the Act:(a) a parent, step-parent or guardian of the minor,(b) the minor’s spouse or any person who, although not legally married to the minor, ordinarily lives with the minor as the minor’s spouse on a permanent and domestic basis,(c) a person who is, for the time being, in loco parentis to the minor.
32A Minors functions authority
(1) For the purposes of section 111B of the Act, the appropriate member of the Police Service is a police officer who holds or is for the time being acting in the position of Patrol Commander of the area in which the relevant licensed premises are located.(2) For the purposes of section 111C of the Act, a minors functions authority is subject to the following conditions:(a) no liquor in the possession or under the control of the licensee is to be located in any function area or access area specified in the authority while a function is being held under the authority unless it is kept in a locked storage facility to which only the licensee or any employee of the licensee has access,(b) the licensee is to take all reasonable steps to prevent liquor from being brought into any function area or access area specified in the authority while a function is being held under the authority,(c) the licensee and any employee of the licensee must refuse to admit a minor to a function being held under the authority if the licensee or the employee reasonably suspects that the minor has recently consumed liquor,(d) the licensee is to take all reasonable steps to ensure that no person under the age of 15 years is admitted to a function held under the authority,(e) the licensee is to ensure that, while a function is being held under the authority, signs are displayed at any means of access from a function area or access area specified in the authority to any other area of the licensed premises indicating that minors attending the function must not enter that other area,(f) the licensee is to ensure that, while a function is being held under the authority, signs are displayed at any means of access to a function area or access area specified in the authority from any other area of the licensed premises indicating that liquor must not be brought into the function area or access area,(g) the licensee must ensure that no person (other than an adult who will be supervising the function, a person providing services for the function or an employee of the licensee) is admitted to a function held under the authority without a ticket purchased from the licensee or an agent of the licensee before the function,(h) the licensee must ensure that at any time during a function held under the authority the number of persons in any function area or access area specified in the authority does not contravene any requirement of the relevant approval of the area as a place of public entertainment under the Local Government Act 1993,(i) any function held under the authority is to end no later than midnight on the day on which the function is held unless the court imposes a condition on the authority requiring such functions to end earlier than that time,(j) the licensee is to ensure that all minors attending any function held under the authority leave the licensed premises within 15 minutes after the end of the function,(k) any advertising for a function to be held under the authority is to indicate that the function will be alcohol-free, that adult supervision will be provided, that entry will be by way of pre-sold ticket only and that any minor who is suspected of having consumed alcohol or of being under the age of 15 years will not be admitted to the function,(l) the licensee is to keep a register specifying the dates on which functions are held under the authority, the nature of each of the functions, the number of minors who attended each of the functions and the number of adults supervising each of the functions,(m) the licensee is to give written notice of the holding of a function under the authority to the appropriate member of the Police Service referred to in subclause (1) at least 7 clear days before the function is held.cl 32A: Ins 27.9.1996.
33 Sale or supply of liquor to minors—notice to be displayed
(1) A licensee must cause a notice in the following form to be displayed in the licensed premises:LIQUOR ACT 1982IT IS AN OFFENCE TO SELL OR SUPPLY TO OR TO OBTAIN LIQUOR ON BEHALF OF A PERSON UNDER THE AGE OF 18 YEARS(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be prominently displayed:(a) in the case of premises where liquor is sold at a bar or counter—at the bar or counter, in such a manner and in such a position that a person standing at the bar or counter would reasonably be expected to be alerted to its contents, and(b) in the case of premises where liquor is not sold at a bar or counter but is otherwise sold—at or near every entrance by which members of the public may enter the premises, in such a manner and in such a position that a person coming in by the entrance would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 24A of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.Maximum penalty (subclauses (1)–(3)): 20 penalty units.cl 33: Am 30.7.1999.
33A Sale of liquor through an internet site—notice to be displayed
(1) For the purposes of section 116C (3C) of the Act, the prescribed form of notice that must be displayed at all times on an internet site through which a licensee offers liquor for sale is as follows:LIQUOR ACT 1982IT IS AN OFFENCE TO SELL OR SUPPLY TO OR TO OBTAIN LIQUOR ON BEHALF OF A PERSON UNDER THE AGE OF 18 YEARS(2) The words contained in the prescribed form must be big enough to ensure that a person accessing the internet site would reasonably be expected to be alerted to the contents of the sign.Note—Schedule 1 to the Act (Savings and transitional provisions) provides that section 116C (3C) of the Act does not apply to an internet site that existed at the date of commencement of that subsection (that is, at 1 September 2000) until 6 months after that date (that is, 1 March 2001).cl 33A: Ins 25.8.2000.
34 Restricted areas in hotels—notice to be displayed
(1) For the purposes of section 116C (1) (a) of the Act, a notice referred to in that paragraph must be in the following form:LIQUOR ACT 1982IF YOU ARE UNDER 18 YOU ARE NOT PERMITTED BY LAW IN THIS AREA OF THE HOTEL(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 25 of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.cll 34: Am 30.7.1999.
%20AND%20(No%3D0417)%20AND%20(Year%3D1996)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)
35 Use of part of hotel by accompanied minors—notice to be displayed
(1) For the purposes of section 116C (1) (b) of the Act, a notice referred to in that paragraph must be in the following form:LIQUOR ACT 1982IF YOU ARE UNDER 18 YOU ARE BY LAW NOT PERMITTED TO BE IN THIS AREA OF THE HOTEL UNLESS YOU ARE IN THE COMPANY AND IMMEDIATE PRESENCE OF A RESPONSIBLE ADULT(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 26 of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.cll 35: Am 30.7.1999.
36 Nightclub trading during nightclub trading period—notice to be displayed
(1) For the purposes of section 116C (3) of the Act, a notice referred to in that subsection must be in the following form:LIQUOR ACT 1982IF YOU ARE UNDER 18 YOU ARE BY LAW NOT PERMITTED TO ENTER (OR BE IN) THIS NIGHTCLUB AFTER 8 PM UNLESS YOU ARE IN THE COMPANY AND IMMEDIATE PRESENCE OF A RESPONSIBLE ADULT(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed at or near the entrance to the nightclub and in such manner that it would be reasonable to expect that a person entering the nightclub would reasonably be expected to be alerted to its contents.(4) (Repealed)cl 36: Am 21.2.1997.
36A Restaurant trading during restaurant restricted period—notice to be displayed
(1) For the purposes of section 116C (3A) of the Act, a notice referred to in that subsection must be in the following form:If you are under 18 you are by law not permitted to enter (or be in) this restaurant at any time between 10 pm and 6 am unless you are in the company and immediate presence of a responsible adult.(2) The wording in the notice must be legible and prominent.(3) The notice must be displayed at or near the main public entrance to the restaurant and in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.(4) Despite subclause (1), the wording required to appear in a notice under this clause may appear (as a separate and distinct statement) in a notice required under clause 24E (Display of notice advising public of dine-or-drink authority), provided that the requirements of both clauses are otherwise complied with.cl 36A: Ins 30.10.1998.
36B Community liquor licence—notice to be displayed
(1) For the purposes of section 116C (3B) of the Act, a notice referred to in that subsection must be in the following form:If you are under 18 you are by law not permitted to enter (or be in) these premises at any time they are open for the sale or supply of liquor unless you are in the company and immediate presence of a responsible adult.(2) The wording in the notice must be legible and prominent.(3) The notice must be displayed at or near the main public entrance to the premises and in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.cl 36B: Ins 17.12.1999.
37 Evidence of age
A document of one of the following classes is, for the purposes of section 117E of the Act, evidence that a person holding the document is at least 18 years of age, but only if the document bears a photograph of the person and indicates (by reference to the person’s date of birth or otherwise) that the person is of or above that age (and only if the document has not expired and otherwise appears to be in force):(a) a motor vehicle driver’s or rider’s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth, of some other State or Territory or of some other country,(b) a “proof of age” card issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth or of some other State or Territory,(c) a passport issued by the Commonwealth or under the law of some other country,(d) a Photo Card issued under the Photo Card Act 2005.cl 37: Am 2005 (791), cl 2.
38 Denial of allegation as to age
For the purposes of section 140 (2) of the Act, an allegation in an information is denied as prescribed if it is denied:(a) at any adjournment prior to the commencement of the hearing of the information—by informing the court, the informant or a person appearing for the informant in writing of the denial, or(b) at any time not later than 14 days before the hearing of the information—by informing the informant or a person appearing for the informant in writing of the denial.
Part 5
39–58K (Repealed)
pt 5, hdg: Am 28.2.1997. Rep 28.3.2002.
pt 5: Rep 28.3.2002.
pt 5, div 1: Rep 28.3.2002.
cl 39: Am 28.2.1997; 28.8.1998. Rep 28.3.2002.
cl 39AA: Ins 15.5.1998. Am 9.10.1998. Rep 28.3.2002.
cl 39A: Ins 28.2.1997. Rep 28.3.2002.
cl 40: Rep 28.3.2002.
cl 40A: Ins 15.5.1998. Am 26.10.2001. Rep 28.3.2002.
pt 5, div 1A (cll 40B–40F): Ins 5.3.1999. Rep 28.3.2002.
pt 5, div 2: Rep 28.3.2002.
cl 41: Am 28.2.1997. Rep 28.3.2002.
cll 42–44: Rep 28.3.2002.
cl 44A: Ins 12.4.2001. Rep 28.3.2002.
pt 5, div 3: Rep 28.3.2002.
cl 45: Rep 28.3.2002.
cll 45A: Ins 28.2.1997. Rep 28.3.2002.
cll 45B: Ins 28.2.1997. Rep 28.3.2002.
pt 5, div 4: Rep 28.3.2002.
cl 46: Subst 28.2.1997. Rep 28.3.2002.
cl 46AA: Ins 19.4.2001. Am 2.5.2001. Rep 2001 No 48, sec 4.
cl 46A: Ins 28.2.1997. Rep 28.3.2002.
cl 46B: Ins 28.2.1997. Am 28.8.1998; 5.3.1999. Rep 28.3.2002.
cl 46C: Ins 28.2.1997. Subst 28.8.1998. Rep 28.3.2002.
cl 47: Rep 28.3.2002.
cl 47A: Ins 28.2.1997. Rep 28.3.2002.
cl 48: Rep 28.3.2002.
cl 49: Am 27.9.1996; 28.2.1997. Rep 28.3.2002.
cl 49A: Ins 28.2.1997. Rep 28.3.2002.
cl 50: Am 28.2.1997. Rep 28.3.2002.
cl 51: Rep 28.3.2002.
cl 52: Am 28.2.1997. Subst 9.10.1998. Rep 28.3.2002.
pt 5, div 4A: Ins 21.11.1997. Rep 28.3.2002.
cll 52A: Ins 21.11.1997. Rep 28.3.2002.
cll 52B: Ins 21.11.1997. Rep 28.3.2002.
cl 52C: Ins 21.11.1997. Am 12.4.2001. Rep 28.3.2002.
cll 52D–52L: Ins 21.11.1997. Rep 28.3.2002.
pt 5, div 4B: Ins 14.4.2000. Rep 28.3.2002.
pt 5, div 4B, sdiv 1: Ins 14.4.2000. Rep 28.3.2002.
cl 52M: Ins 14.4.2000. Rep 28.3.2002.
cl 52N: Ins 14.4.2000. Rep 9.6.2000. Ins 21.7.2000. Rep 28.3.2002.
cl 52O: Ins 14.4.2000. Rep 28.3.2002.
cl 52P: Ins 14.4.2000. Am 23.3.2001. Rep 28.3.2002.
cl 52Q: Ins 14.4.2000. Rep 28.3.2002.
cl 52R: Ins 14.4.2000. Am 9.6.2000. Rep 28.3.2002.
cll 52S–52U: Ins 14.4.2000. Rep 28.3.2002.
pt 5, div 4B, sdiv 2: Ins 14.4.2000. Rep 28.3.2002.
cl 52V: Ins 14.4.2000. Am 15.9.2000; 24.11.2000. Rep 28.3.2002.
cll 52W–52Y: Ins 14.4.2000. Rep 28.3.2002.
pt 5, div 4B, sdiv 3 (cll 52Z–52ZB): Ins 14.4.2000. Rep 28.3.2002.
pt 5, div 4B, sdiv 4: Ins 14.4.2000. Rep 28.3.2002.
cll 52ZC: Ins 14.4.2000. Rep 28.3.2002.
cll 52ZD: Ins 14.4.2000. Rep 28.3.2002.
cl 52ZE: Ins 14.4.2000. Am 4.8.2000. Rep 28.3.2002.
cl 52ZEA: Ins 4.8.2000. Rep 28.3.2002.
cl 52ZF: Ins 14.4.2000. Rep 28.3.2002.
pt 5, div 5: Rep 28.3.2002.
cl 53: Rep 28.3.2002.
cl 53A: Ins 28.2.1997. Rep 28.3.2002.
cl 53AA: Ins 25.8.2000. Rep 28.3.2002.
cl 53B: Ins 28.2.1997. Rep 28.3.2002.
cll 54–57: Rep 28.3.2002.
cll 57A: Ins 28.2.1997. Rep 28.3.2002.
cll 57AA: Ins 28.2.1997. Rep 28.3.2002.
cl 58: Rep 28.3.2002.
pt 5, div 6: Ins 28.2.1997. Rep 28.3.2002.
cl 58A: Ins 28.2.1997. Rep 28.3.2002.
cl 58B: Ins 28.2.1997. Am 9.10.1998. Rep 28.3.2002.
cll 58C–58K: Ins 28.2.1997. Rep 28.3.2002.
Part 6 Fees
pt 6, hdg: Subst 27.9.1996.
Division 1 Licence fees
pt 6, div 1: Rep 9.1.1998. Ins 23.7.2004.
59 Fee for grant of hotelier’s licence or off-licence (retail)
For the purposes of section 56 (1) (a) and (b) of the Act, the prescribed fee for the granting of a hotelier’s licence or off-licence to sell liquor by retail is $2,000.cl 59: Rep 9.1.1998. Ins 23.7.2004.
60 Annual fee for hotelier’s licence or off-licence (retail)
(1) For the purposes of section 56C (1) of the Act, the prescribed fee is $2,500.(2) In accordance with section 56C (3) of the Act, the annual fee under that section is not payable in respect of a hotelier’s licence or off-licence to sell liquor by retail if:(a) the licence was in force immediately before 1 August 2004, or(b) the fee for granting the licence was fixed by the Board under section 56 of the Act (as in force before the amendments to that section made by the National Competition Policy Liquor Amendments (Commonwealth Financial Penalties) Act 2004) and has been paid.cl 60: Rep 9.1.1998. Ins 23.7.2004. Am 26.11.2004.
61, 62 (Repealed)
cl 61: Rep 9.1.1998.
cl 62: Am 21.2.1997. Rep 9.1.1998.
Divisions 2, 3
63–69 (Repealed)
pt 6, div 2: Rep 28.3.2002.
pt 6, div 3 (cll 63–69): Rep 28.3.2002.
Division 3A Minors functions authority fees
pt 6, div 3A (cl 70A): Ins 27.9.1996.
70A Fee payable for minors functions authority
(1) For the purposes of section 111B (4) of the Act, the prescribed fee for the issue of a minors functions authority is $50.(2) The fee payable for the issue of a minors functions authority is to be reduced by the amount of the fee lodged with the application for the authority.pt 6, div 3A (cl 70A): Ins 27.9.1996.
Division 3B Proof of age cards
pt 6, div 3B: Ins 25.8.2000.
70B Fees payable for proof of age card
For the purposes of section 117EA (2) (b) of the Act, the following fees are prescribed:(a) $23, in the case of an application for the issue of a proof of age card to a person for the first time,(b) $34, in the case of an application for the issue of a proof of age card to a person for the second time,(c) $44, in the case of an application for the issue of a proof of age card to a person for the third or a subsequent time.cl 70B: Ins 25.8.2000. Am 15.6.2001.
Division 4 General
70 On-licence (vessel)—variation of trading hours
For the purposes of section 35A (1) of the Act, the prescribed fee is $1,000.
71 Transfer of licences
For the purposes of section 42A of the Act, the prescribed fee for an application for the transfer of a licence is:(a) in the case of a hotelier’s licence or an off-licence to sell liquor by retail—$250, and(b) in any other case—$50.
72 (Repealed)
cl 72: Rep 27.9.1996.
73 Payment of fees
Any fees provided for under the Act or this Regulation which are payable at the Principal Registry of the Licensing Court or at the office of the Board must be paid during the hours that the Registry or office is open to the public for business.cl 73: Am 28.3.2002.
74 (Repealed)
cl 74: Rep 9.1.1998.
Part 6A
74A–74ZB (Repealed)
pt 6A: Ins 15.5.1998. Rep 28.3.2002.
pt 6A, div 1: Ins 15.5.1998. Rep 28.3.2002.
cl 74A: Ins 15.5.1998. Rep 28.3.2002.
cl 74B: Ins 15.5.1998. Am 22.12.2000. Rep 28.3.2002.
cll 74C: Ins 15.5.1998. Rep 28.3.2002.
cll 74D: Ins 15.5.1998. Rep 28.3.2002.
pt 6A, div 2: Ins 15.5.1998. Rep 28.3.2002.
pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998. Rep 28.3.2002.
pt 6A, div 4: Ins 15.5.1998. Rep 28.3.2002.
cll 74V–74Y: Ins 15.5.1998. Rep 28.3.2002.
cll 74Z–74ZB: Ins 22.12.2000. Rep 28.3.2002.
Part 7 Licensing Court proceedings
75 Hearing of applications
(1) At the hearing of an application, the applicant and any person who has lodged an objection to the application may appear in person or by the person’s counsel or attorney.(2) The business of the Licensing Court may be conducted in the absence of the public:(a) in the case of an application to which no objection has been taken (as provided in section 12 (6) (a) of the Act), and(b) in the case of an application to which all objections taken have subsequently been withdrawn.
76 Appeals to the Licensing Court
(1) An appeal under section 148 of the Act must be made by:(a) lodging written notice of the appeal with the Principal Registrar not later than 21 days after the adjudication appealed against, and(b) serving copies of that notice on all other parties to the proceedings.(2) The copies of the notice must be served not later than 7 days after lodgment of the appeal.(3) A fee of $100 is payable on lodgment of an appeal.
77 Affidavits
(1) An affidavit for use in proceedings before the Licensing Court must:(a) identify the proceedings to which it relates, and(b) if a solicitor is acting in the proceedings for the party who files the affidavit—contain the name, address and telephone number of the solicitor, and(c) be signed at the end, and on each page, by the deponent and the person before whom it is sworn, and(d) have each alteration, interlineation or erasure initialled by the deponent and the person before whom it is sworn, and(e) have any annexure or attachment certified by the person before whom it is sworn.(2) The name of the person before whom an affidavit is sworn must be written or printed legibly below the person’s signature at the end of the affidavit.(3) The Licensing Court may order any material in an affidavit to be struck out.(4) Except to the extent that the Licensing Court otherwise directs, an affidavit may be admitted in evidence despite any irregularity in its form.
78 Admissions
(1) A party to proceedings before the Licensing Court (other than proceedings for an offence) may, by notice served on another party, admit, in favour of that other party and for the purpose only of the proceedings, facts specified in the notice.(2) A party to proceedings before the Licensing Court (other than proceedings for an offence) may, by notice served on another party, require that other party to admit, in favour of the party serving the notice and for the purpose only of the proceedings, facts specified in the notice.(3) A fact specified in a notice served under subclause (2) is, in favour of the party who served the notice and for the purpose only of the proceedings to which the notice relates, admitted by the party on whom the notice was served unless, within the period of 14 days after that service, that party serves on the party who served the notice a notice disputing the fact.(4) A party to proceedings who serves a notice disputing a fact which is later proved in the proceedings is liable for the costs of proving the fact (except to the extent that the Licensing Court otherwise directs).(5) An admission under this clause for the purpose of any proceedings must not be used:(a) against the admitting party in any other proceedings, or(b) in favour of any person other than the person in whose favour the admission is made.
79 Procedural directions
(1) In relation to any proceedings before the Licensing Court (other than proceedings for an offence):(a) a licensing magistrate may, before hearing the proceedings, andgive such directions (not inconsistent with the Act or this Regulation) as the magistrate or Court thinks necessary or desirable for the proper disposal of the proceedings.(b) the Licensing Court may, of its own motion or on application,(2) The directions may include a direction that an application be heard and determined with any other specified application, even though the applications to which the direction relates:(a) are in respect of premises situated in different neighbourhoods, or(b) are subject to objections that are based on different grounds, or(c) are subject to objections that are based on the same grounds for different reasons, or(d) were made on different dates.(3) The Licensing Court may give directions under this clause in respect of a class of proceedings.
79A Application of provisions of Justices Act 1902: section 145C
(1) The following provisions of the Justices Act 1902 apply to and in respect of the Licensing Court, subject to the modifications set out in Schedule 6:(a) section 3 (in its application to the other provisions set out in this clause),(b) section 20,(c) Divisions 2–4 of Part 4 (other than sections 56 (1), 60 (2) and (3), 66A–66H, 84A and 98),(d) Part 4A,(e) section 113,(f) Part 5A (other than section 133D),(g) Part 6,(h) Part 7 (other than section 145B and 152).(2) The following provisions of the Justices (General) Regulation 1993 apply to and in respect of the Licensing Court:(a) clauses 3–6,(b) clauses 21A–23A,(c) Schedule 1,(d) Schedule 2, Form 6.(3) For the purposes of the application of the provisions of the Justices Act 1902 and the Justices (General) Regulation 1993:(a) a reference in that Act or that Regulation to a justice is taken to include a reference to a licensing magistrate, and(b) a reference in that Act or that Regulation to a Local Court is taken to include a reference to the Licensing Court, and(c) a reference in that Act or that Regulation to a clerk of a Local Court is taken to include a reference to a registrar of the Licensing Court, and(d) a reference in that Act or that Regulation to a complaint:(i) is taken to be a reference to a complaint that commences proceedings for an offence, and(ii) does not include a reference to a complaint under section 67, 104 or 111D of the Liquor Act 1982 or section 17, 23B, 35 or 108 of the Registered Clubs Act 1976.cl 79A: Ins 26.11.1999.
Part 7A Responsible service of alcohol training
pt 7A: Ins 5.12.2003.
Division 1 Preliminary
pt 7A, div 1: Ins 5.12.2003.
79B Definitions
In this Part:approved training course means a course of training with respect to the responsible service of alcohol that is approved by the Board under Division 3 in relation to an approved training provider.approved training provider means a training provider that is approved by the Board under Division 3 to provide training courses with respect to the responsible service of alcohol.recognised RSA certificate means a certificate granted to a person by an approved training provider, on behalf of the Board, following the person’s successful completion of an approved training course with respect to the responsible service of alcohol.registered training organisation has the same meaning as in the Vocational Education and Training Act 2005.staff member, in relation to licensed premises, means any agent or employee of, or person purporting to act on behalf of, the licensee of the premises.cl 79B: Ins 5.12.2003. Am 2005 No 100, Sch 3.10.
Division 2 Responsible service of alcohol
pt 7A, div 2: Ins 5.12.2003.
79C Obligations of licensee as to responsible service of alcohol
(1) On and from 1 January 2004, the licensee of licensed premises must not:(a) sell, supply or serve liquor by retail on the premises, orunless the licensee holds a recognised RSA certificate.(b) cause or permit liquor to be sold, supplied or served by retail on the premises,Maximum penalty: 50 penalty units.(2) On and from 1 January 2004, the licensee of licensed premises must not cause or permit a permanent staff member to sell, supply or serve liquor by retail on the premises unless the permanent staff member holds a recognised RSA certificate.Maximum penalty: 50 penalty units.(3) On and from 1 July 2004, the licensee of licensed premises must not cause or permit a casual staff member to sell, supply or serve liquor by retail on the premises unless the casual staff member holds a recognised RSA certificate.Maximum penalty: 50 penalty units.(4) This clause does not apply to a person who is taken to be the licensee pursuant to section 63 of the Act.cll 79C: Ins 5.12.2003.
79D Obligations of staff members as to responsible service of alcohol
(1) On and from 1 January 2004, a permanent staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the permanent staff member holds a recognised RSA certificate.Maximum penalty: 10 penalty units.(2) On and from 1 July 2004, a casual staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the casual staff member holds a recognised RSA certificate.Maximum penalty: 10 penalty units.cll 79D: Ins 5.12.2003.
79DA Obligations in relation to persons carrying on certain security activities
(1) On and from 1 March 2005, the licensee of licensed premises must not employ or engage a person to carry on activities as a crowd controller or bouncer on or about the premises unless the person holds a recognised RSA certificate.Maximum penalty: 50 penalty units.(2) On and from 1 March 2005, a person must not, in the course of the person’s employment, carry on activities as a crowd controller or bouncer on or about licensed premises unless the person holds a recognised RSA certificate.Maximum penalty: 10 penalty units.Note—Under the Security Industry Act 1997, a person who is employed to act as a crowd controller or bouncer is required to hold a class 1C licence under that Act.cl 79DA: Ins 20.8.2004. Am 17.12.2004.
79E Conduct of promotional activities
For the purposes of this Part:(a) liquor that is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to have been sold, supplied or served by retail, and(b) any person by whom liquor is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to be a permanent staff member.cl 79E: Ins 5.12.2003.
79F Licensee to keep register of recognised RSA certificates
(1) It is a condition of a licence for licensed premises that the licensee must keep a register containing:(a) a copy of the recognised RSA certificate for the licensee, and(b) a copy of the recognised RSA certificate for each staff member whose duties include the sale, supply or service of liquor by retail, and(c) a copy of the recognised RSA certificate for each person employed or engaged by the licensee to carry on activities as a crowd controller or bouncer on or about the licensed premises.(2) It is a condition of a licence for licensed premises that the licensee must make the register kept under this clause available for inspection on request by a police officer or special inspector.cl 79F: Ins 5.12.2003. Am 20.8.2004.
Division 3 Approvals
pt 7A, div 3: Ins 5.12.2003.
79G Applications for approvals
(1) A registered training organisation may apply to the Board for an approval to conduct training courses with respect to the responsible service of alcohol.(2) An application under subclause (1) must be accompanied by:(a) a fee of $995, in the case of an application for an initial approval, or(b) a fee of $550, in the case of an application for a second or subsequent approval.cll 79G: Ins 5.12.2003.
79H Decision on application
(1) The Board may, after considering an application for an approval:(a) grant the application, or(b) refuse the application.(2) If the Board grants an approval, it must issue the applicant with a written approval that sets out any conditions to which the approval is subject.(3) If the Board refuses an application for approval, it must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.cll 79H: Ins 5.12.2003.
79I Conditions of approval
(1) An approval is subject to the following conditions:(a) that each person who conducts an approved training course on behalf of the approved training provider is accepted by the Board,(b) that the approved training provider will pay to the Board a fee of $10 for each certificate issued by it on behalf of the Board,(c) such other conditions as the Board may from time to time impose.(2) The Board must not accept a person referred to in subclause (1) (a) unless it is satisfied that the person:(a) holds a Certificate IV in Assessment and Workplace Training awarded by a registered training organisation, or has such other qualification as the Board considers to be equivalent, and(b) has at least 5 years’ experience as the holder of a managerial or supervisory position in a hotel or registered club (being a position with duties in relation to the service of liquor), or has such other experience as the Board considers to be equivalent.(c) (Repealed)cl 79I: Ins 5.12.2003. Am 5.12.2003.
79J Term of approval
(1) Unless sooner cancelled, an approval has effect for one year from the time it is granted.(2) An approval does not have effect while it is suspended.cll 79J: Ins 5.12.2003.
79K Variation, suspension and cancellation of approvals
(1) The Board may vary any condition imposed by the Board on an approval, or suspend or cancel an approval, but only after giving the holder of the approval an opportunity to make submissions.(2) A variation of the conditions of, or the suspension or cancellation of, an approval:(a) must be by notice in writing, and(b) must be served on the person to whom the approval relates, and(c) takes effect on the day on which the notice is served or on a later day specified in the notice.cll 79K: Ins 5.12.2003.
79L Training in accordance with former administrative approvals
Any person who, before 1 January 2004, had successfully completed a training course with respect to the responsible service of alcohol that, as at the date the person completed the course, was approved by the Board under administrative arrangements then in force, is taken to be the holder of a recognised RSA certificate for the purposes of this Part and Part 6A of the Registered Clubs Regulation 1996.cl 79L: Ins 5.12.2003. Subst 5.12.2003.
Part 8 Miscellaneous
80 Seal of Licensing Court (section 7 (1) of the Act)
The seal of the Licensing Court is:
%20AND%20(No%3D0417)%20AND%20(Year%3D1996)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)
80A Maintenance of records
For the purposes of clause 54 of Schedule 1 to the Act, the prescribed date is 31 December 1998.cl 80A: Ins 9.1.1998.
81 Enforcement of orders for payment of certain amounts
(1) For the purposes of sections 16 (3) and 69 (3) of the Act, the prescribed documents are:(a) a copy of the order to pay the costs or penalty, certified as a true copy by the registrar of the court, and(b) an affidavit as to the amount owing under the order at the time of filing of the documents.(2) For the purposes of section 99 (4) of the Act, an affidavit as to the amount owing under the order at the time of filing of a copy of the order is prescribed as a document to be filed with the copy.
81A Matters that may be dealt with by Principal Registrar (section 17 (4) of the Act)
For the purposes of section 17 (4) of the Act, the Principal Registrar may exercise the jurisdiction of the court in relation to the following matters, being matters to which there has been no objection:(a) the jurisdiction of the court under section 32 of the Act with respect to an application to vary the trading hours for licensed premises to which an on-licence (restaurant) relates,(b) the jurisdiction of the court under section 33 (b) of the Act with respect to an application for an order that fixes the trading hours in respect of licensed premises to which an on-licence (theatre) relates,(c) the jurisdiction of the court under section 34 of the Act with respect to an application for an order that fixes the trading hours in respect of licensed premises to which an on-licence (university) relates,(d) the jurisdiction of the court under section 35A of the Act with respect to an application for a variation of the trading hours for licensed premises to which an on-licence (vessel) relates,(e) the jurisdiction of the court under section 51 of the Act with respect to an application for a permanent on-licence (function),(f) the jurisdiction of the court under section 61 of the Act with respect to an application for the transfer of a licence, including the jurisdiction of the court under that section to make a provisional grant of the application, but only if:(i) the proposed transferee has completed a course of training approved by the Board that promotes the responsible sale, supply and service of liquor, and(ii) the proposed transferee has completed any course of training or instruction required by or under the Act or the court has determined that the proposed transferee is not required to complete such a course of training,(g) the jurisdiction of the court to allow additional periods in which the provisional grant of an application for the transfer of a licence has effect (as referred to in section 61 (4) (b) of the Act),(h) the jurisdiction of the court under section 69D of the Act with respect to an application for the approval of a person’s appointment as the manager of licensed premises, including the jurisdiction of the court under that section to grant a provisional approval.cl 81A: Ins 30.6.2000.
82 Notice of intention to raise objection or question (section 18 (11) of the Act)
(1) For the purposes of section 18 (11) of the Act, notice of intention to raise an objection or question based on section 18 (9) or (10) of the Act:(a) must be made in writing, and(b) must identify the licence that is allegedly available as referred to in section 18 (9) or (10) of the Act, and(c) must be lodged with the Principal Registrar.(2) A copy of the notice must be served on the applicant concerned.
83 Exceptions from section 23 (3A) of the Act
For the purposes of section 23 (3A) of the Act, each of the businesses specified in column 1 of the following Table may be or include a business limited at any time only to selling or supplying liquor to the particular class or classes of persons specified in column 2 opposite the business concerned.Table
83A Dates prescribed for special events Sunday hotel trading
The following dates are prescribed for the purposes of section 24B of the Act:Sunday 11 December 2005Sunday 1 January 2006Sunday 15 January 2006Sunday 22 January 2006Sunday 29 January 2006Sunday 5 February 2006Sunday 12 February 2006Sunday 19 March 2006Sunday 26 March 2006Sunday 16 April 2006Sunday 11 June 2006Sunday 18 June 2006Sunday 25 June 2006Sunday 9 July 20061 October 200621 January 200728 January 20074 February 200711 February 20078 April 200710 June 200729 July 2007Sunday 30 September 2007Sunday 27 January 2008Sunday 3 February 2008Sunday 10 February 2008Sunday 17 February 2008Sunday 24 February 2008Sunday 2 March 2008Sunday 23 March 2008Sunday 8 June 2008Sunday 5 October 2008cl 83A: Ins 4.10.2002. Am 24.1.2003. Subst 29.8.2003. Am 23.4.2004; 13.8.2004; 24.9.2004; 24.3.2005; 2005 (159), cl 2; 2005 (212), cl 2; 2005 (772), Sch 1; 2005 (835), cl 2; 2006 (175), cl 2; 2006 (270), cl 2; 2006 (575), cl 2; 2007 (7), cl 2; 2007 (117), cl 2; 2007 (240), cl 2; 2007 (356), cl 2; 2007 (477), cl 2; 2008 (9), cl 2.
84 Application to amend a conditional grant of an application—notice to objectors
For the purposes of section 40 (3) of the Act, the prescribed notice is 14 clear days.
85 Transfer of on-licence (function) on change of secretary—time for lodgment
For the purposes of section 41 (3) of the Act, the time for lodgment of the licence and the notification of the name of the successor to the secretary of the non-proprietary association is 14 days after the new secretary’s succession to office.
86 On-licence (restaurant) or nightclub licence with a motel—number of rooms
For the purposes of sections 53 (2), 54BA (1A) and 90 (2) of the Act, the prescribed number of bedrooms or rooms is 15.cl 86: Am 17.12.1999.
86A Managers for licensed premises in special areas
(1) The parts of avenues, streets, lanes and roads specified in Schedule 2 (Kings Cross) to the Act are prescribed as a special area for the purposes of Division 8B of Part 3 of the Act.(2) Section 69EB (a) of the Act does not affect the appointment of a manager of existing licensed premises that took place before the commencement of that section so long as the appointment is notified in accordance with section 69EC of the Act before 1 November 1996.cll 86A: Ins 27.9.1996.
86B Maximum period for which court may order closure of premises
The period prescribed for the purposes of section 104C (5) of the Act is 6 months.cll 86B: Ins 27.9.1996.
86C Gaming or liquor-related services
(1) For the purposes of section 101 (9) of the Act, the following services are prescribed as gaming or liquor-related services (but not to the extent that the services are provided for the purposes of an authorised CMS within the meaning of the Gaming Machines Act 2001, or an authorised inter-hotel linked gaming system within the meaning of Part 9 of that Act, conducted at the licensed premises):(a) services that promote the use of gaming machines or of services or facilities relating to gaming machines,(b) services that promote activities, services or facilities of which gaming machines, or services or facilities relating to gaming machines, form part,(c) consultancy or advisory services that include advice on the management or operation of gaming machines or of services or facilities relating to gaming machines,(d) services for the management or supervision of gaming machines or of services or facilities relating to gaming machines,(e) services that promote the sale or supply of liquor,(f) consultancy or advisory services that include advice on the sale or supply of liquor, and(g) services for the management or supervision of the sale or supply of liquor.(2) In this clause:gaming machine means an approved gaming machine within the meaning of the Gaming Machines Act 2001.cl 86C: Ins 25.8.2000. Am 28.3.2002.
86D Sale of undesirable liquor products
(1) For the purposes of section 117I of the Act, the following are declared to be undesirable liquor products:(a) alcoholic iceblock—a product that is sold in an individual package or individual packages for consumption in frozen form and that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume,(b) a product that is sold in an aerosol container for consumption by humans and that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume,(c) any milk product that is sold or supplied under a name that consists of, or includes, the words “Moo Joose” and that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume,(d) any alcoholic vapour that is sold or supplied for consumption in that form.(2) In subclause (1) (c), milk product includes any product made from reconstituted milk (that is, any substance in the nature of milk that has been prepared from milk concentrate or milk powder).cl 86D: Ins 22.12.2000. Subst 21.12.2001. Am 6.6.2003; 16.7.2004.
86E Wharves at which berthed vessels may sell or supply liquor
For the purposes of section 35 (2) (a) of the Act, the following wharves are prescribed:(a) King Street Wharf, Darling Harbour,(b) Sydney Aquarium Wharf, Pier 26, Darling Harbour,(b1) Wharves 5, 7 and 8, Darling Harbour,(c) Pyrmont Wharves 12 and 13, Pyrmont,(d) the wharf located at Sans Souci Park adjacent to the north end of the Captain Cook Bridge, known as the Sans Souci Wharf,(e) the wharf in Nelson Bay Harbour located at Victoria Parade, Nelson Bay, adjacent to the eastern rock groyne, known as the Cruise Passenger Terminal Wharf,(f) the wharf in Nelson Bay Harbour located at Teramby Road, Nelson Bay, within the marina known as the d’Albora Marina,(g) the wharf located at 91 Hannell Street, Wickham, within the marina known as the Newcastle Cruising Yacht Club Marina,(h) Dolphin Watch Cruises Wharf, Currumbene Creek, Huskisson,(i) Tuna Wharf, Ulladulla Harbour,(j) Port Venture Wharf, Clarence Street, Port Macquarie.cl 86E: Ins 13.12.2002. Am 28.2.2003; 19.12.2003.
86F Drinking water to be available free of charge where liquor served
A licence (other than an off-licence) is subject to a condition that drinking water must, at all times while liquor is sold or supplied on the licensed premises, be made available free of charge to patrons at or near the point of service at which, or by the same means of service by which, liquor is sold or supplied on the premises.cl 86F: Ins 10.1.2003. Subst 2.7.2004.
87 Penalty notice offences
For the purposes of section 145A of the Act:(a) each offence created by a provision of the Act or this Regulation specified in Column 1 of Schedule 3 is stated to be an offence to which that section applies, and(b) the prescribed penalty payable for such an offence if dealt with under that section is:(i) in the case of a person other than a minor—the amount specified in Column 4 of Schedule 3 (if any), or(ii) in the case of a minor—the amount specified in Column 5 of Schedule 3 (if any).cl 87: Am 3.3.2000; 1.2.2001.
88 Short descriptions of offences
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 3 is:(a) if one or more IPB codes are set out in relation to the offence in Column 3 of Schedule 3, any of those IPB codes together with:(i) the text set out in relation to the offence in Column 2 of Schedule 3, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or(b) if no IPB code is set out in relation to the offence in Column 3 of Schedule 3:(i) the text set out in relation to the offence in Column 2 of Schedule 3, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 3, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.(4) Subclause (3) applies to any information, complaint, summons warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.cl 88: Am 17.12.1999.
89 Completion of course of instruction (section 150 of the Act)
Unless the court otherwise determines in relation to a particular applicant or class of applicants, an application for, or for the transfer of, a hotelier’s licence, a nightclub licence, an on-licence (restaurant), an on-licence (motel) or a caterer’s licence must not be granted unless the applicant has attended a course of training or instruction approved by the Board.cl 89: Am 21.2.1997.
90 Divulging of information
For the purposes of section 155A (2) (c) of the Act, the following persons are prescribed:(a) the Director of Liquor and Gaming,(b) the Casino Control Authority.cl 90: Am 2001 No 27, Sch 3.2.
91 Repeal
(1) The Liquor Regulation 1983 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Liquor Regulation 1983, had effect under that Regulation continues to have effect under this Regulation.
92 Transitional provisions
(1) In this clause, licence means a licence in respect of which a variation of trading hours under section 32 (3) of the Act is in force because of clause 47 of Schedule 1 to the Act.(2) Clauses 20, 36 and 62, as in force immediately before the commencement of this clause, continue to apply to a licence, a licensee and premises the subject of a licence while the licence remains in force.cl 92: Ins 21.2.1997.
Part 9
93–119 (Repealed)
pt 9: Ins 15.5.1998. Rep 28.3.2002.
pt 9, div 1 (cll 93, 94): Ins 15.5.1998. Rep 28.3.2002.
pt 9, div 2: Ins 15.5.1998. Rep 28.3.2002.
cll 95–97: Ins 15.5.1998. Rep 28.3.2002.
cl 98: Ins 15.5.1998. Am 12.4.2001. Rep 28.3.2002.
cl 99: Ins 15.5.1998. Rep 28.3.2002.
pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998. Rep 28.3.2002.
Schedule 1 Prescribed places
(Clause 7)
Albury | Goulburn | Orange |
Armidale | Grafton | Parkes |
Ballina | Griffith | Penrith |
Balranald | Gunnedah | Port Macquarie |
Bathurst | Hay | Queanbeyan |
Bega | Inverell | Quirindi |
Bourke | Katoomba | Singleton |
Broken Hill | Kempsey | Tamworth |
Campbelltown | Leeton | Taree |
Casino | Lismore | Temora |
Cobar | Lithgow | Tenterfield |
Coffs Harbour | Maitland | Tumut |
Condobolin | Moree | Tweed Heads |
Cooma | Moruya | Wagga Wagga |
Coonabarabran | Moss Vale | Walgett |
Coonamble | Mudgee | Wellington |
Cootamundra | Murwillumbah | Wentworth |
Cowra | Muswellbrook | West Wyalong |
Deniliquin | Narrabri | Windsor |
Dubbo | Narrandera | Wollongong |
Forbes | Newcastle | Yass |
Glen Innes | Nowra | Young |
Gosford | Nyngan |
sch 1: Am 7.11.1997.
Schedule 2 (Repealed)
sch 2: Rep 28.3.2002.
Schedule 3 Penalty notice offences
(Clauses 87 and 88)
Offences under the Act
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Offence | Short description | IPB Code | Penalty (other than minors) | Penalty (minors) |
Section 91 (1) | Fail display name of the premises and the licensee | 5827, 0900 | $33 | — |
Section 91 (2) | Alter name of premises without approval | 5829, 0901 | $33 | — |
Section 91 (2B) | Use prohibited name | 5830, 0904 | $55 | — |
Section 103 (3) | Fail to leave licensed premises | 6068, 0908 | $550 | $55 |
Section 113 | Minor use false evidence of age to obtain entry to/remain in/obtain liquor from licensed premises | 6544 | — | $55 |
Section 114 (1) | Sell/supply liquor to minor | 6535, 1572, 1574, 6555, 2198 | $550 | $55 |
Section 114 (3) | Allow liquor to be sold/supplied to minor | 6513, 1573 | $550 | — |
Section 114 (4) | Obtain liquor on behalf of minor | 6536, 1578 | $550 | $55 |
Section 115 (1) (a) | Minor consume liquor on licensed premises/at unlicensed restaurant | 6545, 1575 | — | $55 |
Section 115 (1) (b) | Minor obtaining/attempting to obtain liquor on licensed premises | 6546, 1576 | — | $55 |
Section 115 (1) (c) | Minor carrying away/attempting to carry away liquor from licensed premises | 6547, 1577 | — | $55 |
Section 115 (3) | Send/order/request minor to obtain liquor | 6537, 5890, 0910 | $220 | $55 |
Section 116 | Licensee allow minor to sell/supply/serve liquor | 6514, 1579 | $550 | — |
Section 116A (1) | Minor enter/remain in restricted area of hotel | 6548, 1580 | — | $55 |
Section 116A (2) | Unacc. minor enter/remain in authorised part of hotel | 6549, 1581 | — | $55 |
Section 116A (4) | Unacc. minor enter/remain in nightclub | 6550, 1582 | — | $55 |
Section 116A (5) | Unacc. minor enter/remain in restaurant during restricted period | 5892, 0140 | — | $55 |
Section 116A (6) | Unacc. minor enter/remain in community liquor licence premises | 5895, 0144 | — | $55 |
Section 116B (1) (a) | Allow minor to enter restricted area of licensee’s hotel | 6515, 1583 | $550 | — |
Section 116B (1) (b) | Allow unaccompanied minor to enter unauthorised part of hotel | 6516, 1594 | $550 | — |
Section 116B (1) (c) | Allow unaccompanied minor to enter nightclub | 6517, 1585 | $550 | — |
Section 116B (1) (d) | Allow unaccompanied minor to enter restaurant during restricted period | 5895, 0147 | $550 | — |
Section 116B (1) (e) | Allow unaccompanied minor to enter community liquor licence premises | 5898, 0147 | $550 | — |
Section 116B (2) (a) | Fail to remove minor (restricted area of hotel) | 6518, 1586 | $550 | — |
Section 116B (2) (b) | Fail to remove unacc. minor (hotel authorised area) | 6519, 1587 | $550 | — |
Section 116B (2) (c) | Fail to remove unacc. minor (nightclub) | 6520, 1588 | $550 | — |
Section 116B (2) (d) | Fail to remove unacc. minor (restaurant restricted period) | 5899, 0911 | $550 | — |
Section 116B (2) (e) | Fail to remove unacc. minor (community liquor licence) | 5903, 0912 | $550 | — |
Section 116C (1) (a) | Fail to display notice about minors in restricted area | 6530, 1591 | $220 | — |
Section 116C (1) (b) | Fail to display notice about unacc. minors in authorised area | 6531, 1592 | $220 | — |
Section 116C (3) | Fail to display minors notice (nightclub) | 6521, 1593 | $220 | — |
Section 116C (3A) | Fail to display minors notice (restaurant restricted period) | 5904, 0149 | $220 | — |
Section 116C (3B) | Fail to display minors notice (community liquor licence) | 5909, 0151 | $220 | — |
Section 116D (a) | Permit minor to consume alcohol on premises | 6542, 1594 | $220 | — |
Section 116D (b) | Leave minor on premises without first informing licensee | 6543, 1595 | $220 | — |
Section 117A (2) (a) | Suspected minor refusing/failing to state name or address | 6551, 1596 | $110 | $55 |
Section 117A (2) (b) | Suspected minor refusing/failing to produce evidence of age | 6552, 1597 | $110 | $55 |
Section 117B | Licensee/employee fail to refuse minor entry premises/part of premises | 6522, 1598 | $220 | $55 |
Section 117E (2) | Minor providing false/misleading information to get age evidence | 6554, 1601 | — | $110 |
Section 117E (3) | Providing/certifying false/misleading information for age evidence | 6538, 1602, 5909, 0919 | $220 | $110 |
Section 117EB (1) | Make false proof of age card | 8194, 0174 | $220 | $110 |
Section 117EB (2) | Give false proof of age card | 8195, 0175 | $220 | $110 |
Section 117EB (3) | Make/give false proof of age card (aggravation) | 8196, 0176 | $550 | $110 |
Section 117EC | Give/lend proof of age card | 8197, 0177, 5913, 0923 | $220 | $110 |
Section 117ED | Tamper with proof of age card | 8199, 8198, 0178, 5914, 0924 | $220 | $110 |
Section 118 (1) | Fail to close/keep closed restricted area/area where liquor sold or supplied | 6533, 1603 | $220 | — |
Section 118 (2) | Fail to close/keep closed counter/place where liquor sold or supplied | 6523, 1604 | $220 | — |
Section 119 (1) (a) | Keep premises open for liquor sale/supply outside hours | 6524, 1606 | $220 | — |
Section 119 (1) (b) | Sell/supply liquor outside hours | 6525, 1606 | $220 | — |
Section 121 (1) | Sell/supply liquor/cause/suffer liquor to be sold/supplied contrary to authority | 7490, 0055 | $550 | — |
Section 121 (2) | Agent/servant/person on behalf of licensee sell/supply liquor/cause/suffer liquor to be sold/supplied contrary to authority | 7491, 0059, 5915, 0925 | $550 | $55 |
Section 122 (1) | Unauthorised sale/cause/suffer unauthorised sale of liquor | 7492, 0060, 5916, 0926 | $550 | $55 |
Section 122 (3) | Advertise liquor from unlicensed premises | 7493, 0082, 5917, 0927 | $550 | $55 |
Section 123 (1) | Open/keep/use/ premises/permit premises to be/have care and management of/assist in business of premises opened/kept/used for purpose of selling liquor | 7494, 0118, 5918, 0928 | $550 | $55 |
Section 123 (2) | Licensee sell liquor/employ/permit person to sell liquor on unlicensed premises | 7495, 0120 | $220 | — |
Section 123 (3) | Person on unlicensed premises | 7496, 0131, 5920, 0943 | $55 | $55 |
Section 124 | Carry on business as brewer without licence | 6539, 1607 | $220 | $55 |
Section 125 (1) (b) | Permit intoxication/ indecent/violent/ quarrelsome conduct on premises | 6526, 1608 | $550 | — |
Section 125 (3) | Sell/supply liquor to intoxicated person | 6540, 1609 | $550 | $55 |
Section 125A (1) | Licensee fail to produce licence | 6584, 1302 | $55 | — |
Section 126 (1) (a) | Permit/suffer gaming for stakes on premises | 6527, 1610 | $110 | — |
Section 126 (1) (b) | Permit/suffer unlawful game on premises | 6528, 1611 | $110 | — |
Section 126 (1) (c) | Permit/suffer premises to be used in contravention of Unlawful Gambling Act 1998 | 6529, 1612 | $110 | — |
Section 126 (2) | Servant/person in charge permitting unlawful game on premises | 6541, 1613 | $110 | $55 |
Section 129 (1) (a) | Fail/refuse to pay for liquor/meal/ accommodation | 6069, 1170, 6070, 1171, 6071, 1170, 6092, 0959, 6083, 0960, 6084, 0963 | $55 | $55 |
Section 129 (1) (b) | Avoid demand to pay for liquor/meal/ accommodation | 6072, 1173, 6073, 1174, 6074, 1175, 6085, 0994, 6086, 0999, 6089, 1008 | $55 | $55 |
Section 135 (1) (a) | Carry liquor about for sale | 7497, 0132, 6089, 1010 | $220 | $55 |
Section 135 (1) (b) | Unlawfully offer/expose liquor for sale | 7498, 0133, 6090, 1026 | $220 | $55 |
Section 135 (1) (c) | Carry liquor for sale to unlawful place | 7499, 0134, 6091, 1028 | $220 | $55 |
Section 139 (1) | Make false or misleading statement in/omit a material matter from an official document | 6092, 1037 | $550 | $55 |
Offences under the Liquor Regulation 1996
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Offence | Short description | IPB Code | Penalty (other than minors) | Penalty (minors) |
Clause 79C | — | — | $550 | — |
Clause 79D | — | — | $110 | — |
Clause 79DA (1) | — | — | $550 | — |
Clause 79DA (2) | — | — | $110 | — |
sch 3: Am 3.7.1998. Subst 17.12.1999. Am 3.3.2000; 22.12.2000. Subst 1.2.2001. Am 28.3.2002; 5.12.2003; 20.8.2004.
Schedules 4, 5 (Repealed)
sch 4: Ins 28.2.1997. Rep 28.3.2002.
sch 5: Ins 28.2.1997. Am 29.8.1997; 30.7.1999; 2001 No 34, Sch 5.16. Rep 28.3.2002.
Schedule 6 Modifications to applied provisions of Justices Act 1902
(Clause 79A)
1 Section 63 Manner of service of summons
Section 63 operates in addition to, and does not derogate from, sections 151A and 151B of the Liquor Act 1982.
2 Section 70 How evidence is to be taken
Section 70 operates in addition to, and does not derogate from, section 12 of the Liquor Act 1982.
3 Sections 75A–75E
Sections 75A–75E operate in addition to, and do not derogate from, section 69 of the Liquor Act 1982.
4 Section 81 Payment of costs by defendant, or by prosecutor or complainant
Section 81 applies only to proceedings for offences and does not apply to other proceedings before the Licensing Court.
5 Section 152A Power to refer allegation of contempt to Supreme Court
Section 152A applies as if a reference to section 152 were a reference to section 13 of the Liquor Act 1982.
sch 6: Ins 26.11.1999.