sec.155AKGranting exemption

### sec.155AK Granting exemption The commissioner may grant the exemption if the commissioner is satisfied— the licensed premises or part of the premises the subject of the application— are used primarily for the sale or supply of premium spirits; and have the capacity to seat not more than 60 patrons at any one time; and if the application relates to a part of licensed premises—the part of the premises consists of a fixed area capable of being defined on a permanent or semipermanent basis; and A part of the premises may be defined on a permanent or semipermanent basis by walls or other structures. the exemption would not otherwise have an adverse impact on the health and safety of members of the public or the amenity of a community or locality; and the way in which liquor is served at the premises is unlikely to result in the rapid consumption of liquor, having regard to, for example, the size of the offerings of liquor typically served at the premises; and the type and quality of liquor sold, and the way in which liquor is served at the premises, differs from other types and qualities of liquor sold, and ways in which liquor is served, in the locality. The exemption may be granted in relation to— all or a part of the licensed premises; and 1 or more types of rapid intoxication drinks; and all or part of the restricted period. If the commissioner refuses the exemption, the commissioner must give the licensee an information notice for the decision. In this section— premium spirits means liquor prescribed by regulation for this definition that has, or is of, a higher value or quality than ordinary liquor. s 155AK ins 2016 No. 4 s 49 (sec.155AK-ssec.1) The commissioner may grant the exemption if the commissioner is satisfied— the licensed premises or part of the premises the subject of the application— are used primarily for the sale or supply of premium spirits; and have the capacity to seat not more than 60 patrons at any one time; and if the application relates to a part of licensed premises—the part of the premises consists of a fixed area capable of being defined on a permanent or semipermanent basis; and A part of the premises may be defined on a permanent or semipermanent basis by walls or other structures. the exemption would not otherwise have an adverse impact on the health and safety of members of the public or the amenity of a community or locality; and the way in which liquor is served at the premises is unlikely to result in the rapid consumption of liquor, having regard to, for example, the size of the offerings of liquor typically served at the premises; and the type and quality of liquor sold, and the way in which liquor is served at the premises, differs from other types and qualities of liquor sold, and ways in which liquor is served, in the locality. (sec.155AK-ssec.2) The exemption may be granted in relation to— all or a part of the licensed premises; and 1 or more types of rapid intoxication drinks; and all or part of the restricted period. (sec.155AK-ssec.3) If the commissioner refuses the exemption, the commissioner must give the licensee an information notice for the decision. (sec.155AK-ssec.4) In this section— premium spirits means liquor prescribed by regulation for this definition that has, or is of, a higher value or quality than ordinary liquor. - (a) the licensed premises or part of the premises the subject of the application— (i) are used primarily for the sale or supply of premium spirits; and (ii) have the capacity to seat not more than 60 patrons at any one time; and - (i) are used primarily for the sale or supply of premium spirits; and - (ii) have the capacity to seat not more than 60 patrons at any one time; and - (b) if the application relates to a part of licensed premises—the part of the premises consists of a fixed area capable of being defined on a permanent or semipermanent basis; and Example— A part of the premises may be defined on a permanent or semipermanent basis by walls or other structures. - (c) the exemption would not otherwise have an adverse impact on the health and safety of members of the public or the amenity of a community or locality; and - (d) the way in which liquor is served at the premises is unlikely to result in the rapid consumption of liquor, having regard to, for example, the size of the offerings of liquor typically served at the premises; and - (e) the type and quality of liquor sold, and the way in which liquor is served at the premises, differs from other types and qualities of liquor sold, and ways in which liquor is served, in the locality. - (i) are used primarily for the sale or supply of premium spirits; and - (ii) have the capacity to seat not more than 60 patrons at any one time; and - (a) all or a part of the licensed premises; and - (b) 1 or more types of rapid intoxication drinks; and - (c) all or part of the restricted period.