QLDIn ForceAct
Liquor Act 1992
sec.83APrincipal activity of a business under a nightclub licence
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### sec.83A Principal activity of a business under a nightclub licence
The principal activity of a business conducted under a nightclub licence is the provision of entertainment on the licensed premises and the sale of liquor for consumption on the licensed premises while the entertainment is provided.
The authority under a nightclub licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1) .
It is consistent with the principal activity of a nightclub licence to sell or supply liquor for consumption on the premises during a relevant period, even though no entertainment is being provided, if the liquor is sold or supplied in association with a consumer eating a meal on the premises.
However, subsection (3) applies only if the licensee complies with section 67A (3) (b) to (d) as if a reference in that provision to a trading day were a reference to the part of a trading day during a relevant period that the licensee sells or supplies liquor while no entertainment is being provided.
In this section—
entertainment —
means entertainment provided by a person—
who is physically present when providing the entertainment; and
whose function is to present the entertainment; and
does not include entertainment using facilities that do not require a person present to provide the entertainment.
pool tables
jukeboxes
relevant period , for premises, means—
for premises to which an extended trading hours approval applies for trading between 9a.m. and 10a.m.—between 9a.m. and 5p.m.; or
if paragraph (a) does not apply—between 10a.m. and 5p.m.
s 83A ins 2014 No. 42 s 43
(sec.83A-ssec.1) The principal activity of a business conducted under a nightclub licence is the provision of entertainment on the licensed premises and the sale of liquor for consumption on the licensed premises while the entertainment is provided.
(sec.83A-ssec.2) The authority under a nightclub licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1) .
(sec.83A-ssec.3) It is consistent with the principal activity of a nightclub licence to sell or supply liquor for consumption on the premises during a relevant period, even though no entertainment is being provided, if the liquor is sold or supplied in association with a consumer eating a meal on the premises.
(sec.83A-ssec.4) However, subsection (3) applies only if the licensee complies with section 67A (3) (b) to (d) as if a reference in that provision to a trading day were a reference to the part of a trading day during a relevant period that the licensee sells or supplies liquor while no entertainment is being provided.
(sec.83A-ssec.5) In this section— entertainment — means entertainment provided by a person— who is physically present when providing the entertainment; and whose function is to present the entertainment; and does not include entertainment using facilities that do not require a person present to provide the entertainment. pool tables jukeboxes relevant period , for premises, means— for premises to which an extended trading hours approval applies for trading between 9a.m. and 10a.m.—between 9a.m. and 5p.m.; or if paragraph (a) does not apply—between 10a.m. and 5p.m.
- (a) means entertainment provided by a person— (i) who is physically present when providing the entertainment; and (ii) whose function is to present the entertainment; and
- (i) who is physically present when providing the entertainment; and
- (ii) whose function is to present the entertainment; and
- (b) does not include entertainment using facilities that do not require a person present to provide the entertainment. Examples of facilities that do not require a person to be present— • pool tables • jukeboxes
- • pool tables
- • jukeboxes
- (i) who is physically present when providing the entertainment; and
- (ii) whose function is to present the entertainment; and
- • pool tables
- • jukeboxes
- (a) for premises to which an extended trading hours approval applies for trading between 9a.m. and 10a.m.—between 9a.m. and 5p.m.; or
- (b) if paragraph (a) does not apply—between 10a.m. and 5p.m.