sec.9Ordinary trading hours

### sec.9 Ordinary trading hours The authority conferred by a licence to sell liquor on licensed premises during ordinary trading hours— extends only to selling liquor during hours that are, under this section, the ordinary trading hours of the premises; and if a provision of this section specifies conditions for selling liquor at specified times on specified licensed premises—extends only to selling liquor on the premises, at those times, in accordance with those conditions. Subject to subsections (2) and (3) , on any day other than Good Friday or Christmas Day, the ordinary trading hours of licensed premises are between 10a.m. and 12 midnight, unless the premises are any of the following— premises to which a producer/wholesaler licence relates; premises to which an industrial canteen licence relates; premises to which a commercial special facility licence for an airport or a casino relates; premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor; premises to which an artisan producer licence relates. Subject to subsections (2) to (3A) , on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which a commercial special facility licence for an airport or a casino relates are between 5a.m. and 12 midnight. Subject to subsections (2) to (3A) , on any day other than Good Friday or Christmas Day, ordinary trading hours of premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor, are between 10a.m. and 10p.m. Subject to subsections (2) and (3) , on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which an artisan producer licence relates are— for the sale of liquor for consumption on the premises—between 10a.m. and 12 midnight; or for the sale of liquor for consumption off the premises, other than the sale of liquor by wholesale—between 10a.m. and 10p.m.; or for the sale of liquor by wholesale—the trading hours of the premises under the Trading (Allowable Hours) Act 1990 . If an order of the commissioner that is directed to reducing the trading hours of specified licensed premises specifies days on which, or times at which, liquor may be sold on the premises, the ordinary trading hours of those licensed premises are the trading hours specified in the order. On Anzac Day, ordinary trading hours— of all licensed premises—do not include any period before 1p.m. on Anzac Day except— for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or as specified in paragraph (b) and subsection (3A) ; of licensed premises on the premises of an RSL or Services Club—subject to subsection (2) , include the period from 5a.m. until 1p.m. on Anzac Day. Subject to subsection (2) , if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Anzac Day, the ordinary trading hours on Anzac Day are the hours specified in the condition. Subject to subsections (2) , (3) and (7) , the ordinary trading hours of licensed premises to which a producer/wholesaler licence relates are the trading hours of the premises under the Trading (Allowable Hours) Act 1990 . Subject to subsections (2) and (6) , on Good Friday and Christmas Day ordinary trading hours of all licensed premises, other than premises to which a producer/wholesaler licence relates or premises to which subsection (5A) applies, are— for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises—between 10a.m. and 12 midnight; or for other sale of liquor—nil. Subject to subsection (2) , if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Good Friday or Christmas Day, the ordinary trading hours on that day are the hours specified in the condition. Subject to subsection (2) , if a sporting event is held at a major sports facility on Good Friday, the ordinary trading hours of licensed premises at the major sports facility on Good Friday are between 12 noon and 12 midnight. If the licensee of licensed premises to which a producer/wholesaler licence relates is a producer of liquor, then, on any day on which the premises may, under subsection (4) , be lawfully open for trading, and subject to subsections (2) and (3) , ordinary trading hours of the premises are— for sale of liquor, produced or made on the premises, to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; or for sale of liquor produced or made on the premises to a visitor to the premises as a souvenir of the visit; such period between 10a.m. and 12 midnight as the commissioner approves in a particular case. In respect of licensed premises to which a commercial hotel licence, community club licence or commercial special facility licence relates, the commissioner may approve, as ordinary trading hours, different hours for different parts of the licensed premises. The ordinary trading hours of licensed premises for New Year’s Eve day are the ordinary trading hours for the premises for the day and, if the ordinary trading hours would end before 2a.m. on New Year’s Day, the ordinary trading hours are extended until 2a.m. In this section— major sports facility see the Major Sports Facilities Act 2001 , schedule 2 . s 9 amd 1994 No. 59 s 8 ; 2001 No. 39 s 9 ; 2005 No. 61 s 6 ; 2008 No. 48 s 9 ; 2009 No. 26 s 50 ; 2009 No. 41 s 68 ; 2010 No. 51 s 21 ; 2012 No. 2 s 6 ; 2012 No. 25 s 144 (1) ; 2014 No. 42 s 29A ; 2016 No. 17 s 130 ; 2021 No. 4 s 5 ; 2021 No. 23 s 28 (sec.9-ssec.1) The authority conferred by a licence to sell liquor on licensed premises during ordinary trading hours— extends only to selling liquor during hours that are, under this section, the ordinary trading hours of the premises; and if a provision of this section specifies conditions for selling liquor at specified times on specified licensed premises—extends only to selling liquor on the premises, at those times, in accordance with those conditions. (sec.9-ssec.1A) Subject to subsections (2) and (3) , on any day other than Good Friday or Christmas Day, the ordinary trading hours of licensed premises are between 10a.m. and 12 midnight, unless the premises are any of the following— premises to which a producer/wholesaler licence relates; premises to which an industrial canteen licence relates; premises to which a commercial special facility licence for an airport or a casino relates; premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor; premises to which an artisan producer licence relates. (sec.9-ssec.1B) Subject to subsections (2) to (3A) , on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which a commercial special facility licence for an airport or a casino relates are between 5a.m. and 12 midnight. (sec.9-ssec.1C) Subject to subsections (2) to (3A) , on any day other than Good Friday or Christmas Day, ordinary trading hours of premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor, are between 10a.m. and 10p.m. (sec.9-ssec.1D) Subject to subsections (2) and (3) , on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which an artisan producer licence relates are— for the sale of liquor for consumption on the premises—between 10a.m. and 12 midnight; or for the sale of liquor for consumption off the premises, other than the sale of liquor by wholesale—between 10a.m. and 10p.m.; or for the sale of liquor by wholesale—the trading hours of the premises under the Trading (Allowable Hours) Act 1990 . (sec.9-ssec.2) If an order of the commissioner that is directed to reducing the trading hours of specified licensed premises specifies days on which, or times at which, liquor may be sold on the premises, the ordinary trading hours of those licensed premises are the trading hours specified in the order. (sec.9-ssec.3) On Anzac Day, ordinary trading hours— of all licensed premises—do not include any period before 1p.m. on Anzac Day except— for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or as specified in paragraph (b) and subsection (3A) ; of licensed premises on the premises of an RSL or Services Club—subject to subsection (2) , include the period from 5a.m. until 1p.m. on Anzac Day. (sec.9-ssec.3A) Subject to subsection (2) , if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Anzac Day, the ordinary trading hours on Anzac Day are the hours specified in the condition. (sec.9-ssec.4) Subject to subsections (2) , (3) and (7) , the ordinary trading hours of licensed premises to which a producer/wholesaler licence relates are the trading hours of the premises under the Trading (Allowable Hours) Act 1990 . (sec.9-ssec.5) Subject to subsections (2) and (6) , on Good Friday and Christmas Day ordinary trading hours of all licensed premises, other than premises to which a producer/wholesaler licence relates or premises to which subsection (5A) applies, are— for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises—between 10a.m. and 12 midnight; or for other sale of liquor—nil. (sec.9-ssec.5A) Subject to subsection (2) , if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Good Friday or Christmas Day, the ordinary trading hours on that day are the hours specified in the condition. (sec.9-ssec.6) Subject to subsection (2) , if a sporting event is held at a major sports facility on Good Friday, the ordinary trading hours of licensed premises at the major sports facility on Good Friday are between 12 noon and 12 midnight. (sec.9-ssec.7) If the licensee of licensed premises to which a producer/wholesaler licence relates is a producer of liquor, then, on any day on which the premises may, under subsection (4) , be lawfully open for trading, and subject to subsections (2) and (3) , ordinary trading hours of the premises are— for sale of liquor, produced or made on the premises, to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; or for sale of liquor produced or made on the premises to a visitor to the premises as a souvenir of the visit; such period between 10a.m. and 12 midnight as the commissioner approves in a particular case. (sec.9-ssec.12) In respect of licensed premises to which a commercial hotel licence, community club licence or commercial special facility licence relates, the commissioner may approve, as ordinary trading hours, different hours for different parts of the licensed premises. (sec.9-ssec.13) The ordinary trading hours of licensed premises for New Year’s Eve day are the ordinary trading hours for the premises for the day and, if the ordinary trading hours would end before 2a.m. on New Year’s Day, the ordinary trading hours are extended until 2a.m. (sec.9-ssec.14) In this section— major sports facility see the Major Sports Facilities Act 2001 , schedule 2 . - (a) extends only to selling liquor during hours that are, under this section, the ordinary trading hours of the premises; and - (b) if a provision of this section specifies conditions for selling liquor at specified times on specified licensed premises—extends only to selling liquor on the premises, at those times, in accordance with those conditions. - (a) premises to which a producer/wholesaler licence relates; - (b) premises to which an industrial canteen licence relates; - (c) premises to which a commercial special facility licence for an airport or a casino relates; - (d) premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor; - (e) premises to which an artisan producer licence relates. - (a) for the sale of liquor for consumption on the premises—between 10a.m. and 12 midnight; or - (b) for the sale of liquor for consumption off the premises, other than the sale of liquor by wholesale—between 10a.m. and 10p.m.; or - (c) for the sale of liquor by wholesale—the trading hours of the premises under the Trading (Allowable Hours) Act 1990 . - (a) of all licensed premises—do not include any period before 1p.m. on Anzac Day except— (i) for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or (ii) as specified in paragraph (b) and subsection (3A) ; - (i) for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or - (ii) as specified in paragraph (b) and subsection (3A) ; - (b) of licensed premises on the premises of an RSL or Services Club—subject to subsection (2) , include the period from 5a.m. until 1p.m. on Anzac Day. - (i) for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or - (ii) as specified in paragraph (b) and subsection (3A) ; - (a) for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises—between 10a.m. and 12 midnight; or - (b) for other sale of liquor—nil. - (a) for sale of liquor, produced or made on the premises, to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; or - (b) for sale of liquor produced or made on the premises to a visitor to the premises as a souvenir of the visit;