QLDIn ForceAct
Liquor Act 1992
sec.67APrincipal activity is the provision of meals
Start here
Get a plain-English read of sec.67A
Turn the raw legal text into a practical explanation grounded in Liquor Act 1992.
### sec.67A Principal activity is the provision of meals
This section applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of meals prepared, and served to be eaten, on the licensed premises.
The authority of the licence is restricted to the following—
the sale and supply of liquor during ordinary trading hours or approved extended trading hours for consumption on the premises—
in association with a consumer eating a meal on the premises; and
to persons on the premises other than in association with the persons eating meals;
the sale and supply of 1 opened and 1 unopened bottle of wine during ordinary trading hours or approved extended trading hours for consumption off the premises to each adult consumer eating a meal;
if the licence is subject to a condition mentioned in section 67AA —for each sale that includes the provision of a takeaway meal, the sale of takeaway liquor under the condition during ordinary trading hours (takeaway liquor).
For subsection (1) , a licensee is taken not to be conducting a business on the licensed premises that is consistent with the principal activity of the licence unless—
for each trading day, most of the patrons of the business on that day consume a meal on the premises; and
throughout each trading day, most of the area of the licensed premises is set up with tables and chairs, or another combination of seating and surfaces, that are being used or ready for use by patrons for consuming meals; and
there is a kitchen in the licensed premises which is open throughout each trading day other than a period of up to 1 hour before the end of a trading period; and
throughout each trading day there are sufficient staff at the licensed premises engaged in, or available to engage in, the preparation and service of meals.
Despite section 225 , if the sale of takeaway liquor is authorised under the licence under subsection (2) (c) , the licence also authorises the removal from the premises of the takeaway liquor after the end of the ordinary trading hours (takeaway liquor) and until the end of the ordinary trading hours or approved extended trading hours for the premises.
In this section—
open , for a kitchen, means being used or available for use for meal preparation.
ordinary trading hours (takeaway liquor) means the ordinary trading hours of between 10a.m. and 10p.m. for the sale of takeaway liquor for the premises mentioned in section 9 (1C) .
trading day , for licensed premises, means—
if only 1 trading period for the premises starts on a day—that trading period; or
if 2 or more trading periods for the premises start on a day—the total of the trading periods.
trading period , for licensed premises, means a continuous period during which the premises are open for business (including a period starting on a day and ending on the following day).
s 67A ins 2008 No. 48 s 13
amd 2014 No. 42 s 42 ; 2021 No. 23 s 29
(sec.67A-ssec.1) This section applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of meals prepared, and served to be eaten, on the licensed premises.
(sec.67A-ssec.2) The authority of the licence is restricted to the following— the sale and supply of liquor during ordinary trading hours or approved extended trading hours for consumption on the premises— in association with a consumer eating a meal on the premises; and to persons on the premises other than in association with the persons eating meals; the sale and supply of 1 opened and 1 unopened bottle of wine during ordinary trading hours or approved extended trading hours for consumption off the premises to each adult consumer eating a meal; if the licence is subject to a condition mentioned in section 67AA —for each sale that includes the provision of a takeaway meal, the sale of takeaway liquor under the condition during ordinary trading hours (takeaway liquor).
(sec.67A-ssec.3) For subsection (1) , a licensee is taken not to be conducting a business on the licensed premises that is consistent with the principal activity of the licence unless— for each trading day, most of the patrons of the business on that day consume a meal on the premises; and throughout each trading day, most of the area of the licensed premises is set up with tables and chairs, or another combination of seating and surfaces, that are being used or ready for use by patrons for consuming meals; and there is a kitchen in the licensed premises which is open throughout each trading day other than a period of up to 1 hour before the end of a trading period; and throughout each trading day there are sufficient staff at the licensed premises engaged in, or available to engage in, the preparation and service of meals.
(sec.67A-ssec.4) Despite section 225 , if the sale of takeaway liquor is authorised under the licence under subsection (2) (c) , the licence also authorises the removal from the premises of the takeaway liquor after the end of the ordinary trading hours (takeaway liquor) and until the end of the ordinary trading hours or approved extended trading hours for the premises.
(sec.67A-ssec.5) In this section— open , for a kitchen, means being used or available for use for meal preparation. ordinary trading hours (takeaway liquor) means the ordinary trading hours of between 10a.m. and 10p.m. for the sale of takeaway liquor for the premises mentioned in section 9 (1C) . trading day , for licensed premises, means— if only 1 trading period for the premises starts on a day—that trading period; or if 2 or more trading periods for the premises start on a day—the total of the trading periods. trading period , for licensed premises, means a continuous period during which the premises are open for business (including a period starting on a day and ending on the following day).
- (a) the sale and supply of liquor during ordinary trading hours or approved extended trading hours for consumption on the premises— (i) in association with a consumer eating a meal on the premises; and (ii) to persons on the premises other than in association with the persons eating meals;
- (i) in association with a consumer eating a meal on the premises; and
- (ii) to persons on the premises other than in association with the persons eating meals;
- (b) the sale and supply of 1 opened and 1 unopened bottle of wine during ordinary trading hours or approved extended trading hours for consumption off the premises to each adult consumer eating a meal;
- (c) if the licence is subject to a condition mentioned in section 67AA —for each sale that includes the provision of a takeaway meal, the sale of takeaway liquor under the condition during ordinary trading hours (takeaway liquor).
- (i) in association with a consumer eating a meal on the premises; and
- (ii) to persons on the premises other than in association with the persons eating meals;
- (a) for each trading day, most of the patrons of the business on that day consume a meal on the premises; and
- (b) throughout each trading day, most of the area of the licensed premises is set up with tables and chairs, or another combination of seating and surfaces, that are being used or ready for use by patrons for consuming meals; and
- (c) there is a kitchen in the licensed premises which is open throughout each trading day other than a period of up to 1 hour before the end of a trading period; and
- (d) throughout each trading day there are sufficient staff at the licensed premises engaged in, or available to engage in, the preparation and service of meals.
- (a) if only 1 trading period for the premises starts on a day—that trading period; or
- (b) if 2 or more trading periods for the premises start on a day—the total of the trading periods.