sec.86Hours to which application may relate etc.

### sec.86 Hours to which application may relate etc. An application may be made for an extended trading hours approval for a licence that, if granted, would extend trading hours on a regular basis to include trading between— for a commercial special facility licence relating to an airport or casino—12a.m. and 5a.m.; or for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or otherwise—12a.m. and 2a.m. Subsection (1) does not apply to a subsidiary on-premises licence (meals), artisan producer licence or community other licence. An application may be made for an extended trading hours approval for a subsidiary on-premises licence (meals) or artisan producer licence that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m. An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 9a.m. and 10a.m. An application may be made for an extended trading hours approval for a commercial hotel licence, artisan producer licence, community club licence or commercial special facility licence, for the sale of takeaway liquor, that, if granted, would extend trading hours on a regular basis to include the following— trading between 9a.m. and 10a.m.; for a commercial special facility licence relating to an airport or casino—trading between 10p.m. and midnight. The applicant for an application mentioned in subsection (2) or (2A) must satisfy the commissioner that there is a demonstrated community need for the application to be granted. An application may be made for an extended trading hours approval for a community club licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m. For an application mentioned in subsection (4) — the applicant must satisfy the commissioner that there is a demonstrated community need for the application to be granted; or the club to which the licence relates must be a sporting club for a sport prescribed under a regulation. An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m. but only for the purpose of selling and supplying liquor to or for persons genuinely attending a function held on the licensed premises during those hours. For subsections (3) and (5) (a) , the commissioner may be satisfied that there is a demonstrated community need for the application to be granted, only if the applicant demonstrates to the commissioner— a level of demand for liquor within the community that justifies the extended trading hours sought in the application; and the reasons for the level of demand mentioned in paragraph (a) , including, for example— that the premises to which the licence relates are situated in an area that is popular with tourists or for dining; or that there has been a significant increase in population in the area in which the premises to which the licence relates are situated. Subsection (7) does not limit the matters the commissioner may consider in deciding whether there is a demonstrated community need for the application to be granted. s 86 amd 1993 No. 10 s 3 ; 2001 No. 39 s 55 sub 2008 No. 48 s 13 amd 2010 No. 51 s 27 ; 2012 No. 25 s 145 ; 2014 No. 42 s 45 ; 2016 No. 4 s 29 ; 2017 No. 5 s 5 (retro); 2021 No. 4 s 14 (sec.86-ssec.1) An application may be made for an extended trading hours approval for a licence that, if granted, would extend trading hours on a regular basis to include trading between— for a commercial special facility licence relating to an airport or casino—12a.m. and 5a.m.; or for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or otherwise—12a.m. and 2a.m. (sec.86-ssec.1A) Subsection (1) does not apply to a subsidiary on-premises licence (meals), artisan producer licence or community other licence. (sec.86-ssec.1B) An application may be made for an extended trading hours approval for a subsidiary on-premises licence (meals) or artisan producer licence that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m. (sec.86-ssec.2) An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 9a.m. and 10a.m. (sec.86-ssec.2A) An application may be made for an extended trading hours approval for a commercial hotel licence, artisan producer licence, community club licence or commercial special facility licence, for the sale of takeaway liquor, that, if granted, would extend trading hours on a regular basis to include the following— trading between 9a.m. and 10a.m.; for a commercial special facility licence relating to an airport or casino—trading between 10p.m. and midnight. (sec.86-ssec.3) The applicant for an application mentioned in subsection (2) or (2A) must satisfy the commissioner that there is a demonstrated community need for the application to be granted. (sec.86-ssec.4) An application may be made for an extended trading hours approval for a community club licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m. (sec.86-ssec.5) For an application mentioned in subsection (4) — the applicant must satisfy the commissioner that there is a demonstrated community need for the application to be granted; or the club to which the licence relates must be a sporting club for a sport prescribed under a regulation. (sec.86-ssec.6) An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m. but only for the purpose of selling and supplying liquor to or for persons genuinely attending a function held on the licensed premises during those hours. (sec.86-ssec.7) For subsections (3) and (5) (a) , the commissioner may be satisfied that there is a demonstrated community need for the application to be granted, only if the applicant demonstrates to the commissioner— a level of demand for liquor within the community that justifies the extended trading hours sought in the application; and the reasons for the level of demand mentioned in paragraph (a) , including, for example— that the premises to which the licence relates are situated in an area that is popular with tourists or for dining; or that there has been a significant increase in population in the area in which the premises to which the licence relates are situated. (sec.86-ssec.8) Subsection (7) does not limit the matters the commissioner may consider in deciding whether there is a demonstrated community need for the application to be granted. - (a) for a commercial special facility licence relating to an airport or casino—12a.m. and 5a.m.; or - (b) for a licence relating to premises in a safe night precinct—12a.m. and 3a.m.; or - (c) otherwise—12a.m. and 2a.m. - (a) trading between 9a.m. and 10a.m.; - (b) for a commercial special facility licence relating to an airport or casino—trading between 10p.m. and midnight. - (a) the applicant must satisfy the commissioner that there is a demonstrated community need for the application to be granted; or - (b) the club to which the licence relates must be a sporting club for a sport prescribed under a regulation. - (a) a level of demand for liquor within the community that justifies the extended trading hours sought in the application; and - (b) the reasons for the level of demand mentioned in paragraph (a) , including, for example— (i) that the premises to which the licence relates are situated in an area that is popular with tourists or for dining; or (ii) that there has been a significant increase in population in the area in which the premises to which the licence relates are situated. - (i) that the premises to which the licence relates are situated in an area that is popular with tourists or for dining; or - (ii) that there has been a significant increase in population in the area in which the premises to which the licence relates are situated. - (i) that the premises to which the licence relates are situated in an area that is popular with tourists or for dining; or - (ii) that there has been a significant increase in population in the area in which the premises to which the licence relates are situated.