sec.77Authority of community club licence

### sec.77 Authority of community club licence A community club licence authorises the licensee to sell liquor on the licensed premises— during ordinary trading hours, or approved extended trading hours, to— a member of the club for consumption on or off the premises; or a member of a reciprocal club, whose members’ reciprocal rights are secured by formal reciprocal arrangements, for consumption on or off the premises; or an applicant for membership of the club for a period of 30 days after receipt by the secretary of the club of the applicant’s application for membership for consumption on the premises; or a guest of a person mentioned in subparagraph (i) or (ii) , in the person’s company, for consumption on or off the premises; or a visitor to the club, for consumption on or off the premises, whose ordinary place of residence is in— another State or in a foreign country; or the State, at least 15km from the club’s premises; or a person attending a function or club activity, other than the purpose of the club, on the premises for consumption on the premises; or for a club that is an RSL or Services Club— an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and at any time to a resident on the premises, or a guest of a resident in the resident’s company, for consumption on the premises. Despite subsection (1) (a) (vi) , if the commissioner states in a community club licence that the licensed premises include particular premises (the other premises ) that the club owns or has a legal right to occupy and the other premises may be used on an infrequent basis for an event, the licence authorises the licensee to sell liquor within a defined area on the other premises for the event for consumption within the defined area stated in the licence if— the sale is during ordinary trading hours for the licence to members of the public attending the event on the other premises; and the event is the playing of a sport or game for which the club is established; and If a rugby union club is established but the club allows other clubs to use its premises for bridge or darts, or encourages the rugby union club’s members to play those games, the rugby union club is established for rugby union and not other sports or games (like bridge or darts) that may be played on its premises. the club is catering for the event on the other premises; and at least 14 days before the date of the event, the club gives written notice about the event to the police officer in charge of the locality in which the event is to be held. A football club may have premises with an adjacent field in 1 suburb that are used on a weekly basis for training and regular games. The club may also own a second field in another suburb which is used a few times a year for the club’s games. The commissioner may state in the community club licence that the licensed premises includes defined areas at 1 or both fields. The community club licence authorises the club to sell liquor within the defined areas. For subsection (2) , the area of the other premises defined in the licence forms part of the licensee’s licensed premises for the period the licensee is authorised to sell liquor on the other premises. Despite section 76 (1) , a community club licence does not authorise the sale or supply of liquor from a facility ordinarily known as a drive-in or drive through bottle shop. The authority under subsections (1) and (2) is subject to this Act and the conditions stated in a particular licence. A visitor to the premises of a club who— with permission of an authorised agent of the management committee of the club; and after payment of the fee, if any, ordinarily charged for the purpose; plays a sport or game that is part of the club’s business, or that is played under the auspices of the club, is taken, for the purposes of subsection (1) , to be a member of the club for the day on which the visitor so plays. If it is a team that plays a sport or game mentioned in subsection (6) as visitors to the premises of a club, every genuine official of the team is taken to be a visitor who has played the sport or game although the official has not taken part in the sport or game. In this section— game does not include a game within the meaning of the Gaming Machine Act 1991 . s 77 amd 1994 No. 59 s 3 sch 2 ; 2001 No. 39 s 48 sub 2008 No. 48 s 13 amd 2011 No. 44 s 18 ; 2012 No. 25 s 144 (1) ; 2016 No. 4 s 28 (sec.77-ssec.1) A community club licence authorises the licensee to sell liquor on the licensed premises— during ordinary trading hours, or approved extended trading hours, to— a member of the club for consumption on or off the premises; or a member of a reciprocal club, whose members’ reciprocal rights are secured by formal reciprocal arrangements, for consumption on or off the premises; or an applicant for membership of the club for a period of 30 days after receipt by the secretary of the club of the applicant’s application for membership for consumption on the premises; or a guest of a person mentioned in subparagraph (i) or (ii) , in the person’s company, for consumption on or off the premises; or a visitor to the club, for consumption on or off the premises, whose ordinary place of residence is in— another State or in a foreign country; or the State, at least 15km from the club’s premises; or a person attending a function or club activity, other than the purpose of the club, on the premises for consumption on the premises; or for a club that is an RSL or Services Club— an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and at any time to a resident on the premises, or a guest of a resident in the resident’s company, for consumption on the premises. (sec.77-ssec.2) Despite subsection (1) (a) (vi) , if the commissioner states in a community club licence that the licensed premises include particular premises (the other premises ) that the club owns or has a legal right to occupy and the other premises may be used on an infrequent basis for an event, the licence authorises the licensee to sell liquor within a defined area on the other premises for the event for consumption within the defined area stated in the licence if— the sale is during ordinary trading hours for the licence to members of the public attending the event on the other premises; and the event is the playing of a sport or game for which the club is established; and If a rugby union club is established but the club allows other clubs to use its premises for bridge or darts, or encourages the rugby union club’s members to play those games, the rugby union club is established for rugby union and not other sports or games (like bridge or darts) that may be played on its premises. the club is catering for the event on the other premises; and at least 14 days before the date of the event, the club gives written notice about the event to the police officer in charge of the locality in which the event is to be held. A football club may have premises with an adjacent field in 1 suburb that are used on a weekly basis for training and regular games. The club may also own a second field in another suburb which is used a few times a year for the club’s games. The commissioner may state in the community club licence that the licensed premises includes defined areas at 1 or both fields. The community club licence authorises the club to sell liquor within the defined areas. (sec.77-ssec.3) For subsection (2) , the area of the other premises defined in the licence forms part of the licensee’s licensed premises for the period the licensee is authorised to sell liquor on the other premises. (sec.77-ssec.4) Despite section 76 (1) , a community club licence does not authorise the sale or supply of liquor from a facility ordinarily known as a drive-in or drive through bottle shop. (sec.77-ssec.5) The authority under subsections (1) and (2) is subject to this Act and the conditions stated in a particular licence. (sec.77-ssec.6) A visitor to the premises of a club who— with permission of an authorised agent of the management committee of the club; and after payment of the fee, if any, ordinarily charged for the purpose; plays a sport or game that is part of the club’s business, or that is played under the auspices of the club, is taken, for the purposes of subsection (1) , to be a member of the club for the day on which the visitor so plays. (sec.77-ssec.7) If it is a team that plays a sport or game mentioned in subsection (6) as visitors to the premises of a club, every genuine official of the team is taken to be a visitor who has played the sport or game although the official has not taken part in the sport or game. (sec.77-ssec.8) In this section— game does not include a game within the meaning of the Gaming Machine Act 1991 . - (a) during ordinary trading hours, or approved extended trading hours, to— (i) a member of the club for consumption on or off the premises; or (ii) a member of a reciprocal club, whose members’ reciprocal rights are secured by formal reciprocal arrangements, for consumption on or off the premises; or (iii) an applicant for membership of the club for a period of 30 days after receipt by the secretary of the club of the applicant’s application for membership for consumption on the premises; or (iv) a guest of a person mentioned in subparagraph (i) or (ii) , in the person’s company, for consumption on or off the premises; or (v) a visitor to the club, for consumption on or off the premises, whose ordinary place of residence is in— (A) another State or in a foreign country; or (B) the State, at least 15km from the club’s premises; or (vi) a person attending a function or club activity, other than the purpose of the club, on the premises for consumption on the premises; or (vii) for a club that is an RSL or Services Club— (A) an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or (B) a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and - (i) a member of the club for consumption on or off the premises; or - (ii) a member of a reciprocal club, whose members’ reciprocal rights are secured by formal reciprocal arrangements, for consumption on or off the premises; or - (iii) an applicant for membership of the club for a period of 30 days after receipt by the secretary of the club of the applicant’s application for membership for consumption on the premises; or - (iv) a guest of a person mentioned in subparagraph (i) or (ii) , in the person’s company, for consumption on or off the premises; or - (v) a visitor to the club, for consumption on or off the premises, whose ordinary place of residence is in— (A) another State or in a foreign country; or (B) the State, at least 15km from the club’s premises; or - (A) another State or in a foreign country; or - (B) the State, at least 15km from the club’s premises; or - (vi) a person attending a function or club activity, other than the purpose of the club, on the premises for consumption on the premises; or - (vii) for a club that is an RSL or Services Club— (A) an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or (B) a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and - (A) an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or - (B) a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and - (b) at any time to a resident on the premises, or a guest of a resident in the resident’s company, for consumption on the premises. - (i) a member of the club for consumption on or off the premises; or - (ii) a member of a reciprocal club, whose members’ reciprocal rights are secured by formal reciprocal arrangements, for consumption on or off the premises; or - (iii) an applicant for membership of the club for a period of 30 days after receipt by the secretary of the club of the applicant’s application for membership for consumption on the premises; or - (iv) a guest of a person mentioned in subparagraph (i) or (ii) , in the person’s company, for consumption on or off the premises; or - (v) a visitor to the club, for consumption on or off the premises, whose ordinary place of residence is in— (A) another State or in a foreign country; or (B) the State, at least 15km from the club’s premises; or - (A) another State or in a foreign country; or - (B) the State, at least 15km from the club’s premises; or - (vi) a person attending a function or club activity, other than the purpose of the club, on the premises for consumption on the premises; or - (vii) for a club that is an RSL or Services Club— (A) an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or (B) a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and - (A) an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or - (B) a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and - (A) another State or in a foreign country; or - (B) the State, at least 15km from the club’s premises; or - (A) an RSL honorary member for consumption on the premises, or a guest of an RSL honorary member in the member’s company for consumption on the premises; or - (B) a defence member for consumption on the premises, or a guest of a defence member in the member’s company for consumption on the premises; and - (a) the sale is during ordinary trading hours for the licence to members of the public attending the event on the other premises; and - (b) the event is the playing of a sport or game for which the club is established; and Example of sport or game for which a club is established— If a rugby union club is established but the club allows other clubs to use its premises for bridge or darts, or encourages the rugby union club’s members to play those games, the rugby union club is established for rugby union and not other sports or games (like bridge or darts) that may be played on its premises. - (c) the club is catering for the event on the other premises; and - (d) at least 14 days before the date of the event, the club gives written notice about the event to the police officer in charge of the locality in which the event is to be held. - (a) with permission of an authorised agent of the management committee of the club; and - (b) after payment of the fee, if any, ordinarily charged for the purpose;