New South Wales: Liquor Act 2007 (NSW)

Liquor Act 2007 No 90 An Act to regulate and control the sale and supply of liquor and the use of premises on which liquor is sold or supplied; to repeal the Liquor Act 1982; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Liquor Act 2007. Note— This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials). 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act (1) The objects of this Act are as follows— (a) to regulate and control the sale, supply and consumption of liquor in a way that is consistent with the expectations, needs and aspirations of the community, (b) to facilitate the balanced development, in the public interest, of the liquor industry, through a flexible and practical regulatory system with minimal formality and technicality, (c) to contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries. (2) In order to secure the objects of this Act, each person who exercises functions under this Act (including a licensee) is required to have due regard to the following— (a) the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour), (b) the need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor, (c) the need to ensure that the sale, supply and consumption of liquor, and the operation of licensed premises, contributes to, and does not detract from, the amenity of community life, (d) the need to support employment and other opportunities in the— (i) live music industry, and (ii) arts, tourism, community and cultural sectors. 3A Meaning of dedicated live music and performance venue For the purposes of this Act, a dedicated live music and performance venue means licensed premises that are on a list of live music and performance venues— (a) kept by the Secretary for the purposes of this section in accordance with the regulations, and (b) published on an appropriate government website. 4 Definitions (1) In this Act— accommodation premises means premises that provide temporary accommodation to travellers and includes a bed and breakfast establishment, but does not include a boarding house, lodging house, nursing home, caravan park or any other type of premises prescribed by the regulations for the purposes of this definition. adult means a person of or above the age of 18 years. airport means a public airport established and maintained by a local council. authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002. Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007. bar area, in relation to a hotel or club premises, means any part of the hotel or club premises in which liquor is ordinarily sold or supplied for consumption in the hotel or on the club premises, but does not include— (a) a dining area in the hotel or on the club premises, or (b) any part of the hotel in which liquor is, otherwise than as authorised under section 17(6), sold or supplied exclusively to residents, or (c) any part of the hotel in respect of which a minors area authorisation or minors functions authorisation is in force, whenever the authorisation operates to authorise the use by a minor of that part, or (d) any part of the club premises in respect of which an authorisation under section 22 of the Registered Clubs Act 1976 specifying the part as a non-restricted area is in force, or (e) any part of the club premises in respect of which— (i) a junior members authorisation under section 22A of the Registered Clubs Act 1976 is in force, or (ii) a club functions authorisation under section 23 of that Act is in force, whenever the authorisation operates to authorise the use by a minor of that part. bed and breakfast establishment means premises that provide temporary guest accommodation (other than dormitory-style accommodation) and where— (a) the establishment is operated by the permanent residents of the establishment, and (b) meals are provided for guests only. beer means liquor that is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer. category 1 demerit offence means an offence against— (a) any of the following provisions of this Act— (i) section 9 (sale or supply of liquor contrary to licence), but only where the offence relates to the sale or supply of liquor on or in relation to licensed premises outside of the trading hours of the premises, (ii) section 11(2) (breach of licence conditions), but only in respect of a condition imposed under— (A) Division 4 of Part 6, or (B) Subdivision 2 or 3 of Division 4 of Part 9A, that restricts the trading hours of licensed premises or prohibits patrons from entering licensed premises at certain times, (iii) section 73(1)(a) or (b) (permitting intoxication or indecent, violent or quarrelsome conduct), (iv) section 73(2) (selling or supplying liquor to an intoxicated person), (v) section 74(1)(b) or (2) (permitting the sale, possession or use of a prohibited plant or drug), (vi) (Repealed) (vii) section 82(6) (failure to comply with a short-term closure order), (viii) section 84(7) (failure to comply with a long-term closure order), (ix) section 102A(2) (failure to comply with a notice issued by the Secretary), (x) section 114J (supplying liquor to an intoxicated person), (xi) section 114L (making a same day delivery past the cut-off time), (xii) section 149 (licensees and managers liable for act of employees etc) in respect of a contravention of section 73(2) or 75(3), or (b) any other provision of this Act or the regulations that is prescribed by the regulations for the purposes of this definition, or (c) the Gaming and Liquor Administration Act 2007, section 34A. category 2 demerit offence means an offence against— (a) any of the following provisions of this Act— (i) section 117(1), (2) or (8) (selling or supplying liquor to a minor or allowing such sale or supply), (ii) section 149 (licensees and managers liable for act of employees etc) in respect of a contravention of section 117(1) or (2), or (b) any other provision of this Act or the regulations that is prescribed by the regulations for the purposes of this definition. catering service means a service for supplying food or liquor (or both) for consumption at a function, occasion or event. close associate means a close associate within the meaning of the Gaming and Liquor Administration Act 2007. club premises means the premises to which a club licence relates. community event liquor accord—see section 136A. complainant, for Part 5, Division 3—see section 79B(4). criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or declared by the Supreme Court under that Act to be criminal intelligence. dedicated live music and performance venue—see section 3A. demerit offence means a category 1 demerit offence or a category 2 demerit offence. demerit point, in relation to a licensee, manager of licensed premises or club licence, means a demerit point— (a) incurred against a licensee or manager of licensed premises under section 144H, or (b) incurred against a club licence under section 144I, or (c) imposed against a licensee or manager of licensed premises, or a club licence, under section 144N(1)(b). dining area, in relation to licensed premises, means a part of the licensed premises used permanently and primarily for the consumption of meals at tables. disturbance complaint, for Part 5, Division 3 and Schedule 1, clause 71—see section 79B(1). drink on-premises authorisation means an authorisation referred to in section 50. employ includes engage under a contract for services. employee includes— (a) a person engaged by a licensee or the manager of licensed premises under a contract for services, and Example— a person engaged by a licensee under a contract to provide catering at a registered club (b) a person employed by a person mentioned in paragraph (a). evidence of age document for a person means any of the following documents that bears a photograph of the person and that indicates (by reference to the person's date of birth or otherwise) that the person has attained a particular age, but does not include any such document that has expired or otherwise appears not to be in force— (a) a motor vehicle driver or rider's licence or permit issued by Transport for NSW under the Road Transport Act 2013 or by the corresponding public authority of another State or Territory or under the law of another country, (a1) a digital driver licence within the meaning of the Road Transport Act 2013, (b) a Photo Card issued under the Photo Card Act 2005, (b1) a digital Photo Card within the meaning of Part 2A of the Photo Card Act 2005, (c) a document (referred to as an existing RTA proof of age card) issued by the Roads and Traffic Authority under section 117EA of the Liquor Act 1982 and in force immediately before the repeal of that section by this Act, Note— Existing RTA proof of age cards cease to be valid for any purpose on 14 December 2008—see Division 3 of Part 2 of Schedule 1 to this Act. (d) a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person's identity and age, (e) an Australian or foreign passport, (f) any other class of document prescribed by the regulations for the purposes of this definition. extended trading authorisation means an extended trading authorisation under section 49 or 49A. financial institution means a bank or authorised deposit-taking institution. function means any dinner, ball, convention, seminar, sporting event, race meeting, exhibition, performance, trade fair or other fair, fete or carnival, or any other event or activity, that is conducted for public amusement or entertainment or to raise funds for any charitable or other purpose and, in relation to a surf life saving club, includes any gathering of members of the club (and their guests) organised by the club for social purposes. gaming machine has the same meaning as in the Gaming Machines Act 2001. general bar licence—see section 16. hotel means the premises to which a hotel licence relates. hotelier means the holder of a hotel licence under this Act. incentivised event means— (a) an event prescribed by the regulations, or (b) a live music performance or other arts and cultural event designated by the Secretary, in accordance with the regulations, to be an incentivised event. inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007. intoxicated—see section 5. Kings Cross precinct—see section 4A. licence means a licence under this Act. licensed premises means the premises to which a licence relates. licensee means the holder of a licence. liquor means— (a) a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume, or (b) (Repealed) (c) any other substance prescribed by the regulations as liquor. liquor accord means a local liquor accord, precinct liquor accord or community event liquor accord. local consent authority, in relation to licensed premises or proposed licensed premises, means— (a) the local 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 liquor accord—see section 131. manager of licensed premises means any of the following— (a) a person appointed by the licensee under section 66 to manage the licensed premises, (b) in the case of a registered club that has only one set of premises or is a registered club referred to in section 66(3)—the secretary of the registered club, (c) in the case of a high risk venue within the meaning of section 116B—a person appointed by the licensee, in accordance with licence conditions imposed by the regulations under section 116I, to be present in the venue in accordance with those conditions. marine authority means— (a) the Minister administering the Ports and Maritime Administration Act 1995, or (b) Transport for NSW. meal means a genuine meal consumed by a person at a dining table and includes, in the case of an on-premises licence that relates to accommodation premises— (a) a meal supplied by the proprietor for immediate consumption (otherwise than at a dining table) on or away from the premises, and (b) a picnic-style hamper supplied by the proprietor for consumption (otherwise than at a dining table) away from the premises on the same day as it is supplied. minor means a person who is under the age of 18 years. minors area authorisation means an authorisation referred to in section 121. minors authorisation, for a small bar—see section 122A. minors functions authorisation means an authorisation referred to in section 122. navigable waters— (a) means all waters that are, from time to time, capable of navigation and open to or used by the public for navigation, whether on payment of a fee or otherwise, but (b) does not include flood waters that have temporarily flowed over the established bank of a watercourse. non-proprietary association means— (a) an incorporated or unincorporated body or association of persons (including a club) that, 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, or (b) a local council, or (c) any public authority or community organisation prescribed by the regulations to be a non-proprietary association for the purposes of this definition. owner of premises means the person entitled to the rents or profits of the premises. person authorised to sell liquor means— (a) a licensee, or (b) a person who is authorised by the law of another State or Territory to sell liquor, or (c) any person who sells or supplies liquor (whether in New South Wales or elsewhere) but is not required by this Act to hold a licence in respect of the sale or supply of liquor in New South Wales, or (d) a person who is prescribed by the regulations, or who is of a class of persons prescribed by the regulations, for the purposes of this definition. precinct liquor accord—see section 136A. premises includes— (a) a building or structure, or (b) land or a place (whether built on or not), or (c) a vehicle, vessel or aircraft. prescribed precinct—see section 116C. prohibited drug and prohibited plant have the same meanings as in the Drug Misuse and Trafficking Act 1985. public entertainment venue means any of the following— (a) a cinema, (b) a theatre, (c) premises in respect of which the primary business or activity is the provision of entertainment to members of the public by a person who is physically present on the premises and is actually providing the entertainment. published cumulative impact assessment, for Division 5 of Part 4—see section 72A. racing club means a body (whether incorporated or unincorporated) registered as a racing club by Racing New South Wales, Harness Racing New South Wales or Greyhound Racing New South Wales. registered club means a club that holds a club licence under this Act. related authorisation, for Division 5 of Part 4—see section 72A. related corporation of a licensee means— (a) if the licensee is a corporation—a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of the licensee, or (b) if the licensee is an individual—a corporation— (i) that employs the licensee, or (ii) in respect of which the licensee occupies a position of authority. relevant licence, for Division 5 of Part 4—see section 72A. relevant stakeholders, for Division 5 of Part 4—see section 72A. resident of licensed premises means a person (other than the licensee) who resides, or is staying overnight in, a part of the premises that has been set aside for the purposes of accommodation. responsible adult, in relation to a minor, means an adult who is— (a) a parent, step-parent or guardian of the minor, or (b) the minor's spouse or de facto partner, or (c) for the time being standing in as the parent of the minor. responsible person for licensed premises means any of the following— (a) the licensee, (b) the manager of the premises, (c) an employee or agent of the licensee or manager, (d) a person acting or purporting to act on behalf of the licensee or manager. restaurant means premises (however described) in respect of which the primary purpose is the business of preparing and serving meals to the public. restricted alcohol area means any part of the State declared by the regulations under section 115 to be a restricted alcohol area for the purposes of this Act. restricted trading day means Good Friday or Christmas Day. same day delivery, for Division 1B of Part 6—see section 114E. same day delivery provider, for Division 1B of Part 6—see section 114E. Secretary means the Secretary of the Department of Enterprise, Investment and Trade. secretary of a registered club has the same meaning as in the Registered Clubs Act 1976. sell includes any of the following— (a) barter or exchange, (b) offer, agree or attempt to sell, (c) expose, send, forward or deliver for sale, (d) cause or permit to be sold or offered for sale. small bar means the premises to which a small bar licence relates. social impact duty, for Division 5 of Part 4—see section 72A. special entertainment precinct has the same meaning as in the Local Government Act 1993, section 202. standard trading period—see section 12. statement of risks and potential effects—see section 48(1). supply includes dispose of or deliver. surf life saving club means a body (whether incorporated or unincorporated) that provides surf life saving services to members of the public in New South Wales. tasting, in relation to liquor, means sampling a small amount of a particular product (including such an amount as may be prescribed by the regulations) usually for the first time or for the purpose of deciding whether to purchase a larger quantity of the product (or both), but does not include sampling to the extent that it is no longer ancillary to the primary purpose for which customers or intending customers are being supplied with the product, namely purchasing the product for consumption away from the licensed premises concerned. tertiary institution means— (a) a university, or (b) a TAFE establishment within the meaning of the Technical and Further Education Commission Act 1990, or (c) any higher education provider (within the meaning of Division 16 of Part 2-1 of the Higher Education Support Act 2003 of the Commonwealth) prescribed by the regulations. trading hours of licensed premises means the times during which, subject to this Act and the conditions of the licence, the sale or supply of liquor on the premises is authorised. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) In this Act, a reference to the exercise of a function (except in the context of a function as defined in subsection (1)) includes a reference to the exercise or performance of a power, authority or duty. (3) Notes included in the text of this Act do not form part of this Act. 4A Meaning of "Kings Cross precinct" (1) For the purposes of this Act, the Kings Cross precinct is the area including and bounded by the streets or parts of streets specified in Schedule 2. (2) (Repealed) (3) The regulations may amend Schedule 2 by adding or removing, or varying the description of, a street or part of a street. 5 Meaning of "intoxicated" (1) For the purposes of this Act, a person is intoxicated if— (a) the person's speech, balance, co-ordination or behaviour is noticeably affected, and (b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor. (2) Accordingly, a reference in this Act to intoxication in relation to licensed premises is a reference to the presence of intoxicated persons on the licensed premises. (3) The Secretary is to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of this Act. Such guidelines are to be made publicly available in such manner as the Secretary considers appropriate. (4) The guidelines issued by the Secretary may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act. 6 Exemptions from Act (1) General exemptions This Act does not apply to or in respect of the following— (a) the sale of liquor to an adult on such trains under the control of Sydney Trains or NSW Trains as are determined by those corporations, (b) the sale of spirituous or distilled perfume as perfumery only and not for drinking, (c) the sale of liquor for medicinal purposes by a medical practitioner, nurse practitioner, midwife practitioner or pharmacist, (d) the sale of liquor to an adult at an auction conducted by an auctioneer, but only if such requirements (if any) as are prescribed by the regulations are complied with, (e) the sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff's officer, or a bailiff or a police officer, (f) the sale of liquor to an adult on board a vessel engaged in interstate or overseas voyages, but only if such requirements (if any) as are prescribed by the regulations are complied with, (g) the sale of liquor to an adult on board an aircraft, except in the case of a charter service where a person other than the aircraft operator sells or supplies liquor on board the aircraft, (h) the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth, (i) (Repealed) (j) the sale or supply of liquor to an adult who— (i) is accommodated in a nursing home within the meaning of the Public Health Act 2010, and (ii) is receiving nursing care, if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the nursing home, (k) the sale or supply of liquor to an adult who— (i) is an in-patient of a public hospital within the meaning of the Health Services Act 1997, or (ii) is an overnight patient of a private health facility within the meaning of the Private Health Facilities Act 2007, or (iii) is an in-patient of any other medical facility of a class prescribed by the regulations, if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the hospital or facility, (l) the sale or supply of liquor in such other circumstances as may be prescribed by the regulations. (1A) Exemption for gift services in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (other than the purchaser) specified by the purchaser, but only if the following requirements are complied with— (a) the business of the vendor is promoted or marketed as a genuine gift service, (b) the gift is packaged and presented in such a manner that any person receiving it would assume it to be a genuine gift, (c) the gift is delivered to the person specified by the purchaser at a place other than the premises at which the business of the vendor is conducted, (d) the person to whom the gift is delivered is an adult, (e) the gift is delivered between 7am and 7pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period), (f) the volume of liquor supplied as part of the gift does not exceed 2 litres, (g) the liquor has been purchased by the vendor on a retail basis. (2) Exemption for bed and breakfast establishments in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to the guests of a bed and breakfast establishment (the B&B), but only if the following requirements are complied with— (a) no more than 8 adult guests are staying at the B&B at the one time, (b) the liquor is not supplied to a minor, (c) the liquor has been purchased by the proprietor of the B&B on a retail basis, (d) the sale or supply is ancillary to the provision of accommodation or a meal, (e) any person who sells, supplies or serves liquor to a guest has obtained the same qualifications with respect to responsible service of alcohol as licensees and employees of licensees are required to obtain under this Act, (f) the proprietor of the B&B has notified the Authority, in the form and manner approved by the Authority, that the B&B sells or supplies liquor to guests as provided by this subsection. (3) Exemption for retirement villages in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to an adult who is a resident of a retirement village (or who is the guest of such a resident) at any gathering held in the village, but only if the following requirements are complied with— (a) a member of the Residents Committee for the village, or a person nominated by the Residents Committee, is present at the gathering to supervise the sale and supply of liquor and the conduct of the gathering, (b) the liquor that is sold or supplied at the gathering has been purchased on a retail basis, (c) the gathering has not been organised, or is not being conducted, by the operator of the retirement village. (4) In subsection (3), operator, resident, Residents Committee and retirement village have the same meanings as in the Retirement Villages Act 1999. (5) Exemption for fundraising functions held by non-proprietary associations Subject to this section, this Act does not apply to or in respect of the sale or supply of liquor at a function held by or on behalf of an eligible non-proprietary association if the following requirements are complied with— (a) the purpose of the function is to raise funds for the benefit of the association or the community, (b) the sale or supply of liquor is ancillary to that purpose, (c) liquor is sold or supplied from one bar only, (d) liquor is sold or supplied for consumption on the premises only and only in open containers, (e) liquor is sold or supplied for a continuous period of not more than 4 hours, (f) liquor is not sold or supplied before 6 am or after midnight, (g) any person who sells, supplies or serves liquor at the function has the same qualifications with respect to responsible service of alcohol as licensees and employees of licensees are required to have under this Act, (h) liquor is not sold or supplied to minors, (i) a member of the non-proprietary association who is an adult, or a person involved in the management of the association who is an adult, and who is not intoxicated, is to be present in the immediate vicinity of the bar area at all times that minors are present at the function, (j) liquor is not sold or supplied to a person who is intoxicated, (k) meals or other prepared food (namely, food requiring preparation, cooking or reheating before being eaten) and free drinking water are available whenever liquor is sold or supplied, (l) police officers and inspectors are permitted full and free access to the premises where the function is held at all times while the function is being held, (m) notice, in the form and manner approved by the Secretary, of the function has been given, at least 14 days before the function is held, to the Secretary, local police and the local council in whose area the function is to be held, (n) no more than 250 people are attending the function, (o) no more than 6 functions in any period of 12 months are held in accordance with the exemption under this subsection. (6) A non-proprietary association is not an eligible association for the purposes of subsection (5) if— (a) the association is subject to an order under subsection (7), or (b) a limited licence is held on behalf of the association, or (c) an order under section 141(2)(i) that a limited licence is not to be granted to any person on behalf of the association is in force, or (d) any disciplinary action under section 141 has, during the period of 6 months before any function is held in accordance with the exemption under subsection (5), been taken against a person who held a limited licence on behalf of the association, or (e) the association, or the secretary or an office holder of the association, has committed a prescribed offence within the meaning of section 144B during the period of 6 months before any function is held in accordance with the exemption under subsection (5). For the purposes of paragraph (e), a prescribed offence is committed in the circumstances referred to in section 144C. (7) The Secretary may, by order in writing given to a non-proprietary association, declare that the association is not an eligible association for the purposes of subsection (5). Any such order has effect for the period specified in the order. (8) The regulations may— (a) create exceptions to subsection (5) (including modifying any of the requirements specified in that subsection), and (b) prescribe additional requirements that must be complied with for the purposes of subsection (5). (9) Any offence that is committed under this Act because the requirements of subsection (5) are not complied with is taken to have been committed by— (a) the non-proprietary association holding the function or on whose behalf the function is held, or (b) in the case of a non-proprietary association that is not incorporated—the secretary or other relevant office holder of the association. (10) Directions relating to conduct of functions under subsection (5) The Secretary may give a written direction to a non-proprietary association or, in the case of a non-proprietary association that is not incorporated, to the secretary of the association or other relevant office holder of the association, that relates to the conduct of a function held by or on behalf of the association in accordance with the exemption under subsection (5). (11) Without limitation, any such direction may prohibit or restrict the sale or supply of liquor at any such function. (12) A direction under subsection (10)— (a) takes effect when it is given to the non-proprietary association or person concerned or on a later date specified in the direction, and (b) may be varied or revoked by the Secretary, and (c) has effect despite the exemption under subsection (5). (13) A non-proprietary association or person who, without reasonable excuse, fails to comply with a direction given to the association or person under subsection (10) is guilty of an offence. Maximum penalty—50 penalty units. (14) General provision For the avoidance of doubt, an exemption under this section does not have effect if any requirement that applies in relation to the exemption is not complied with. Part 2 Principal offences relating to sale and supply of liquor 7 Licence required to sell liquor (1) A person must not sell liquor unless the person is authorised to do so by a licence. Maximum penalty—100 penalty units or imprisonment for 12 months, or both. (2) A person does not commit an offence under subsection (1) if the person is an employee or agent of a licensee and the sale is made in accordance with this Act and the authorisation conferred by the licence. (3) A person who is the occupier, manager or person apparently in control of any premises on or from which liquor is sold in contravention of subsection (1) is taken to have sold the liquor unless it is proved that the person— (a) had no knowledge of the sale, and (b) had used all due diligence to prevent the sale of liquor on or from the premises. 8 Keeping or using unlicensed premises (1) A person must not— (a) open, keep or use any premises for the purpose of selling liquor, or (b) permit any premises to be opened, kept or used by another person for the purpose of selling liquor, or (c) have the care or management of any premises opened, kept or used for the purpose of selling liquor, or (d) assist in conducting the business of any premises opened, kept or used for the purpose of selling liquor, unless the premises are licensed premises or are otherwise authorised under this Act to be used for the sale or supply of liquor. Maximum penalty—100 penalty units or imprisonment for 12 months, or both. (2) A person who is found on, or who is found entering or leaving, any premises opened, kept or used in contravention of subsection (1) is guilty of an offence. Maximum penalty—5 penalty units. 9 Sale or supply of liquor contrary to licence (1) A licensee or an employee or agent of a licensee must not sell or supply liquor, or cause or permit liquor to be sold or supplied— (a) in contravention of the conditions to which the licence is subject, or (b) otherwise than in accordance with the authority conferred on the licensee by or under this Act. (2) Without limiting subsection (1), a licensee must not— (a) keep licensed premises open for the sale or supply of liquor, or (b) sell or supply liquor, at a time when the licensee is not authorised under this Act to sell or supply liquor. (3) A licensee must not sell, or employ or permit another person to sell, liquor on premises other than premises on which the licensee is authorised by the licence or this Act to sell the liquor. Maximum penalty—100 penalty units or imprisonment for 12 months, or both. Part 3 Liquor licences Division 1 Preliminary 10 Types of licences and authorisation conferred by licence (1) The following types of licences may be granted and held under this Act— (a) hotel licence, (b) club licence, (b1) small bar licence, (c) on-premises licence, (d) packaged liquor licence, (e) producer/wholesaler licence, (f) limited licence, (g) any other type of licence that is prescribed by the regulations. (2) A licence authorises the licensee to sell or supply liquor in accordance with this Act and the conditions of the licence. (3) The authorisation conferred by a licence is subject to this Act and the regulations. 11 Licence conditions—general provisions (1) A licence is subject to— (a) such conditions as may be imposed, or are taken to have been imposed, by the Authority or the Secretary (whether at the time the licence is granted or at any later time) under this Act, and (b) such conditions as are imposed by this Act or prescribed by the regulations, and (c) such other conditions as are authorised to be imposed on the licence under this Act. (1A) (Repealed) (2) A licensee must comply with any conditions to which the licence is subject. Maximum penalty—100 penalty units or imprisonment for 12 months, or both. (3) For the purposes of this Act, a condition to which a licence is subject includes any provision of this Act that imposes a requirement or restriction (other than as an offence) on or in relation to the licence, licensee or licensed premises concerned. Note— The times during which licensed premises are authorised to trade is an example of such a requirement. 11A Special licence condition—6-hour closure period for licensed premises (1) This section applies in relation to— (a) any licence granted on or after 30 October 2008, and (b) any licence in force before that date, but only if an extended trading authorisation granted on or after that date is in force in relation to the licensed premises concerned. (2) A licence to which this section applies is subject to the condition that liquor must not be sold by retail on the licensed premises for a continuous period of 6 hours (as determined in accordance with this section) during each consecutive period of 24 hours (the 6-hour closure period). (3) Except as provided by subsection (4), the 6-hour closure period for any particular licensed premises is the period that is approved for the time being by the Authority. (4) In the case of a licence— (a) granted on or after 30 October 2008 but before the date on which this section (as inserted by the Liquor Legislation Amendment Act 2008) commenced, or (b) granted by the Local Court (as provided by clause 25 of Schedule 1) at any time after the date on which this section commenced, the 6-hour closure period for the licensed premises is, subject to subsection (5), the period from 4 am to 10 am. (5) The Authority may at any time, on application by the licensee or by the Secretary or the Commissioner of Police, or on its own initiative, approve of licensed premises having a different 6-hour closure period than— (a) the period as last approved by the Authority, or (b) the period specified in subsection (4). (6) Any such application by the licensee must be accompanied by the fee prescribed by the regulations. (7) To avoid doubt, during the 6-hour closure period for any licensed premises— (a) the licensed premises are not authorised to stay open for the retail sale of liquor on the premises, and (b) the licensee is not authorised to sell liquor by retail for consumption away from the licensed premises. (8) This section has effect despite any other provision of this Act (in particular, those provisions relating to the standard trading period for licensed premises). (9) This section does not, however, apply to the sale or supply of liquor to a resident of licensed premises if the liquor is sold or supplied for consumption in the room in which the resident is residing or staying. (10) The regulations may also create exceptions to this section. 12 Standard trading period for certain licensed premises (1) For the purposes of this Act, the standard trading period means— (a) the period from 5am to midnight, or (b) if the regulations prescribe a shorter period—the shorter period. (1A) Despite subsection (1), the standard trading period for a small bar is the period from 10am to midnight on any day of the week. Note— Small bars are subject to the 6-hour closure period under section 11A. (1B) Despite subsection (1), the standard trading period for a Sunday for premises to which this subsection applies is— (a) from 10am to 10pm, or (b) for a Sunday that falls on 24 or 31 December—from 10am to midnight. (1C) Subsection (1B) applies to the following premises or part of premises— (a) if the primary purpose of the business carried on on licensed premises to which a packaged liquor licence relates is the sale or supply of liquor for consumption away from the licensed premises—the licensed premises, (b) if the primary purpose of the business carried on on licensed premises to which a packaged liquor licence relates is not the sale or supply of liquor for consumption away from the licensed premises—the part of the premises that is a liquor sales area (within the meaning of section 30) of the licensed premises, (c) if a hotel licence, club licence, on-premises licence or producer/wholesaler licence authorises the licensee to sell liquor for consumption away from the licensed premises—any part of the licensed premises to the extent that it is used for that purpose. (2) Any regulation that prescribes a shorter period for the purposes of subsection (1) may— (a) apply to a specified class of licensed premises, and (b) apply in relation to a specified day or days, and (c) in the case of licensed premises on which liquor may be sold or supplied for consumption on the premises as well as for consumption away from the premises—specify different periods for the sale or supply of liquor for consumption on the premises and for the sale or supply of liquor for consumption away from the premises. (3) Without limiting subsection (2)(a), a class of licensed premises may be specified by reference to licensed premises that are located in a particular area (however described). 12A Extended trading hours for particular dedicated live music and performance venues (1) This section applies to the following licensed premises (prescribed venues)— (a) prescribed live music venues, (b) prescribed live performance venues, (c) venues that are— (i) located in a special entertainment precinct, or (ii) participating in an incentivised event. (2) The trading period for prescribed venues referred to in subsection (1)(a) and (b) is extended by 2 hours after the time that would otherwise apply to the prescribed venue under— (a) section 12, or (b) an extended trading authorisation that applies to the premises. (3) The extension under subsection (2) is subject to the following conditions— (a) the development consent for the prescribed venue permits the extended trading hours, (b) a live music performance or other arts and cultural event that meets the following criteria is held on any night of the week on which the prescribed venue trades during the extended trading period— (i) the performance or event is of a duration of 45 minutes or more, (ii) the performance or event is held after 8pm. (4) The trading period for prescribed venues referred to in subsection (1)(c) is extended by 60 minutes after the time that would otherwise apply to the prescribed venue under the following, on all nights of the week— (a) section 12, (b) an extended trading authorisation that applies to the premises. (5) The extension under subsection (4) is subject to the following conditions— (a) the development consent for the prescribed venue permits the extended trading hours, (b) a live music performance or other arts and cultural event that meets the following criteria is held on the premises on at least 2 nights in any 7-day period— (i) the performance or event is of a duration of 45 minutes or more, (ii) the performance or event is held after 8pm, (c) for an incentivised event—the live music performance or other arts and cultural event is held in conjunction with the incentivised event. (6) To avoid doubt, to the extent of an inconsistency between this section and a relevant condition that applies to the prescribed venue, this section prevails. (7) In this section— relevant condition means a condition of a type referred to in section 116I(2)(c) or (d). 12B Records to be kept about extended hours for dedicated live music and performance venues (1) If the trading period for licensed premises is extended under section 12A, it is a condition of the licence that the licensee keep a record of each live music performance or other arts and cultural event held or provided on the licensed premises. (2) A record under subsection (1) is to be kept in the form and way approved by the Secretary. (3) The licensee of licensed premises must, if asked by a police officer or inspector— (a) make a record kept under subsection (1) available for inspection by a police officer or inspector, and (b) allow a police officer or inspector to take copies of the record. 13 Special events extended trading period for certain venues (1) In addition to the trading hours that apply under this Act to relevant licensed premises, the Minister may, by notice published in the Gazette, declare a period (an extended trading period) during which liquor may be sold or supplied on relevant licensed premises. (2) An extended trading period may be declared only in relation to a specified day— (a) on which a special event is to be held, or (b) that immediately follows the day on which a special event is to be held. (3) A notice under this section may— (a) apply to a specified class of relevant licensed premises, or (b) specify conditions that must be met for liquor to be sold or supplied on relevant licensed premises during the extended trading period. (4) Without limiting subsection (3), a class of relevant licensed premises may be specified by reference to relevant licensed premises located in a particular area, however described. (5) This section does not authorise— (a) the sale, supply or consumption of liquor on licensed premises contrary to a restriction or prohibition imposed by or under this Act in relation to the trading hours for the licensed premises, or (b) the operation of gaming machines during an extended trading period. (6) In this section— relevant licensed premises means the following— (a) licensed premises to which a club licence relates, (b) a dedicated live music and performance venue, (c) licensed premises to which a general bar licence relates, (d) licensed premises to which a hotel licence relates, (e) licensed premises to which a small bar licence relates, (f) licensed premises to which an on-premises licence relates, (g) licensed premises to which a producer wholesaler licence relates. special event means an event the Minister considers to be of regional, State or national significance. Division 2 Hotel licences 14 Authorisation conferred by hotel licence (1) A hotel licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on or away from the licensed premises. (2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are as follows— (a) during the standard trading period or at such other times as may be authorised by an extended trading authorisation, (b) on 31 December in any year (but without limiting the operation of any extended trading authorisation)—from the start of the standard trading period for that day until 2 am on the next succeeding day, (c) at any time on any day (including a restricted trading day) to a resident of the licensed premises or to a guest of such a resident while the guest is in the resident's company. (3) Restricted trading days Despite subsection (2)(a), the times when liquor may be sold for consumption on the licensed premises on a restricted trading day are as follows— (a) between midnight and 5 am on that day (but only if authorised by an extended trading authorisation), (b) between noon and 10 pm on that day. (3A) In the case of Christmas Day, liquor must not be sold for consumption on the licensed premises between noon and 10 pm unless it is sold with or ancillary to a meal served in a dining area on the licensed premises. (4) Trading hours for consumption away from premises Liquor may be sold for consumption away from the licensed premises during the standard trading period or at such other times as may be authorised by an extended trading authorisation. (4A) An extended trading authorisation must not authorise the sale of liquor for consumption away from the licensed premises— (a) on a Sunday that does not fall on 24 or 31 December—after 11 pm, and (b) on any other day—after midnight. (5) No take-away sales on restricted trading days However, the sale of liquor for consumption away from the licensed premises is not authorised on a restricted trading day. (6) Functions on other premises A hotel licence also authorises the licensee to sell liquor by retail for the purposes of a function to be held on such other premises as the Authority may, on application by the licensee, authorise, but only for consumption on those premises and at such times as may be specified by the Authority in the licence. Note— Section 51 applies to an authorisation referred to in this subsection. 15 Hotel licence—general provisions (1) The following provisions apply in relation to a hotel licence (the hotel primary purpose test)— (a) except as provided by section 15A, the primary purpose of the business carried out on the licensed premises must at all times be the sale of liquor by retail, (b) the keeping or operation of gaming machines (as authorised under the Gaming Machines Act 2001) on the licensed premises must not detract unduly from the character of the hotel or from the enjoyment of persons using the hotel otherwise than for the purposes of gambling. (2) The authorisation conferred by a hotel licence does not apply unless the hotel primary purpose test is complied with in relation to the licensed premises. (3) Any premises (other than the actual hotel) that are authorised by the Authority for the sale of liquor under a hotel licence are, for the purposes of this Act, taken to be part of the licensed premises to which the licence relates. 15A Cessation of liquor sales during trading hours (1) Extended trading periods A hotelier may, at any time during the period that an extended trading authorisation is in force in relation to the licensed premises— (a) cease to sell or supply liquor on the licensed premises, and (b) continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings and for gambling activities that are otherwise permitted on the premises). (2) Authority may approve of cessation of liquor sales during standard trading period A hotelier may, at any time during the standard trading period— (a) cease to sell or supply liquor on the licensed premises, and (b) continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings and for gambling activities that are otherwise permitted on the premises), but only with the approval of the Authority. (3) An application for the approval of the Authority under subsection (2) may be made by the hotelier concerned. Any such application must be accompanied by the fee prescribed by the regulations. (4) The Authority may give its approval only if it is satisfied that— (a) the operation of gaming machines on the licensed premises during the period to which the approval relates will not detract unduly from the character of the hotel, and (b) gambling activities on the licensed premises will be conducted in a responsible manner. (5) Cessation of liquor sales during standard trading period without gambling activities A hotelier may, at any time during the standard trading period— (a) cease to sell or supply liquor on the licensed premises, and (b) continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings). However, it is a condition of the licence that the licensed premises must not be used for the purposes of any gambling activities during any such time that liquor is not being sold or supplied unless an approval is in force under subsection (2) in relation to the licensed premises. 16 Hotel licence may be designated as a general bar licence (1) The Authority may, in granting a hotel licence, designate the licence as a general bar licence and specify in the licence that it is a general bar licence. (2) The designation of a hotel licence as a general bar licence cannot be changed. (3) It is not lawful to keep or operate gaming machines on the premises to which a general bar licence relates. Accordingly, the keeping or operation of gaming machines on any such premises cannot be authorised under the Gaming Machines Act 2001. (4) Despite section 14, a general bar licence does not authorise the sale or supply of liquor for consumption away from the licensed premises at any time. 17 Hotel licence—miscellaneous conditions (1) Cash advances prohibited A hotelier must not— (a) provide a cash advance in the hotel, or (b) permit a cash advance to be provided in the hotel on behalf of the hotelier, except as a prize or bonus won as a direct or indirect consequence of participating in a form of gambling that may lawfully be conducted on the licensed premises. (2) Hotels must be open to general public The business carried out under a hotel licence must not be, or include, a business that is limited to the sale or supply of liquor only— (a) to persons who have been invited to use or attend the hotel, or (b) to a particular class, or particular classes, of persons using or attending the hotel. (2A) To avoid doubt, subsection (2)— (a) does not prevent a hotel being closed to the general public because it has been booked for a private function including, for example, a wedding or party, but (b) does not allow it to be closed to the general public for use as a members-only premises or club, or for other exclusive use on a recurrent basis. (3) Subsection (2) is subject to such exceptions as may be approved by the Authority on a temporary basis in relation to any particular hotel or to such other exceptions as may be prescribed by the regulations. Also, subsection (2) does not apply to the extent that is necessary to comply with any other provision of this Act or with any other law. (4) Food must be made available Liquor may only be sold or supplied in a hotel if food of a nature consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on the premises for consumption on the premises. If any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with. (5) Prohibition on residents and employees drinking liquor in bar area outside trading hours Liquor may not be sold or supplied to, or consumed by, a resident or an employee of the licensee in a bar area of the hotel except at the time when liquor is authorised to be sold or supplied to other persons in that or any other bar area of the hotel. This subsection has effect despite any other provision of this Act, but is subject to subsection (6). (6) The Authority may, on application by a hotelier, authorise the use of a bar area of the hotel for the sale, supply or consumption of liquor exclusively to, or by, residents at a time when liquor may not otherwise be sold or supplied in a bar area of the hotel. Note— Section 51 applies to an authorisation referred to in this subsection. Division 3 Club licences 18 Authorisation conferred by club licence (1) A club licence authorises the licensee to sell liquor by retail on the licensed premises to a member of the club (or a guest of a member of the club) for consumption on or away from the licensed premises. (2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are as follows— (a) during the standard trading period or at such other times as may be authorised by an extended trading authorisation, (b) on 31 December in any year (but without limiting the operation of any extended trading authorisation)—from the start of the standard trading period for that day until 2 am on the next succeeding day. (3) Trading hours for consumption away from premises Liquor may be sold for consumption away from the licensed premises during the standard trading period or at such other times as may be authorised by an extended trading authorisation. (3A) An extended trading authorisation must not authorise the sale of liquor for consumption away from the licensed premises— (a) on a Sunday that does not fall on 24 or 31 December—after 11 pm, and (b) on any other day—after midnight. (4) No take-away sales on restricted trading days However, the sale of liquor for consumption away from the licensed premises is not authorised on a restricted trading day. 19 Club licence—general provisions (1) A club licence may only be granted to a club that— (a) meets the requirements specified in section 10(1) of the Registered Clubs Act 1976, and (b) otherwise complies with the requirements of that Act. (2) If a registered club owns or occupies more than one set of premises— (a) each set of premises must be separately licensed under this Act, and (b) the entity comprising the registered club is the licensee for each set of licensed premises. (3) The regulations may create exceptions to this section. 20 Club licence—miscellaneous conditions (1) The following requirements apply in relation to a registered club— (a) the club must not hold a hotel licence or acquire any financial interest in a hotel, (b) the manager of the licensed premises must not provide a cash advance on the premises, or permit a cash advance to be provided on the premises on behalf of the club otherwise than as a prize or bonus won as a direct or indirect consequence of participating in a form of gambling that may lawfully be conducted on the licensed premises. (2) Subsection (1)(a) does not apply to or in respect of a hotelier's licence or financial interest in a hotel that was granted to (or acquired by) a club before 2 April 2002. Note— The prohibition on a registered club holding a hotelier's licence or acquiring a financial interest in a hotel was previously contained in section 9A(1AA) of the Registered Clubs Act 1976 (as inserted by Schedule 3[6] to the Gaming Machines Act 2001). The previous prohibition did not apply to licences or financial interests granted or acquired before the commencement of section 9A(1AA)—see clause 89 of Schedule 2 to the Registered Clubs Act 1976. Division 3A Small bar licences 20A Authorisation conferred by small bar licence (1) A small bar licence authorises the licensee to sell liquor by retail on the licensed premises— (a) for consumption on the premises, or (b) as house-made cocktails in sealed containers for consumption away from the premises, or (c) in sealed containers for consumption away from the licensed premises in accordance with an authorisation under section 25A. (2) In this section— house-made cocktails, in relation to licensed premises— (a) means alcoholic beverages that are mixed on the licensed premises, but (b) does not include cocktails that are pre-mixed away from the licensed premises for the licensee to sell by retail. Note— Gaming machines in small bars are prohibited under the Unlawful Gambling Act 1998. 20B Trading hours for small bars (1) The times when liquor may be sold under the authority conferred by a small bar licence are during the standard trading period or at such other times as may be authorised by an extended trading authorisation. (2) An extended trading authorisation under section 49A is, on the granting of the licence, taken to be in force authorising the sale or supply of liquor on the licensed premises between midnight and 2 am on any day of the week. Note— Small bars may apply for longer trading periods under section 49A. (3) Despite subsection (1), the times when liquor may be sold for consumption on the licensed premises for a small bar on a restricted trading day are— (a) between midnight and 5 am, if authorised by an extended trading authorisation, and (b) between noon and 10 pm. (4) Liquor may be sold for consumption away from the licensed premises in accordance with an authorisation referred to in section 20A(