New South Wales act

Liquor Act 2007

In ForceNSW

Jurisdiction

New South Wales

Act Number

90 of 2007

Collection

act

Plain English Summary

8/10 complexity

This law creates a detailed alcohol licensing and enforcement framework in NSW: who may sell or serve liquor, licence/authorisation processes, penalties for under‑age supply and intoxication, extended‑trading/special authorisations for late trading and live music, periodic fees, transfers, and a demerit/remedial regime for licensees and responsible persons. The Authority and the Secretary hold primary discretion to grant, condition or enforce licences. It affects liquor businesses, managers, police/local authorities and the public, balancing expanded trading/live‑music incentives with harm‑minimisation and compliance costs.

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What it does

The Liquor Act 2007 (NSW) establishes a comprehensive regulatory framework for the sale, supply, and consumption of liquor in New South Wales. At its core, it prohibits the sale or supply of liquor without a licence (s 7) and creates a tiered licensing system administered by the Independent Liquor and Gaming Authority (ILGA) under the Gaming and Liquor Administration Act 2007 (GLAA). The Act's objects (s 3(1)) are to regulate liquor in line with community expectations, facilitate balanced industry development with minimal formality, and support related sectors such as live music, arts, tourism, and hospitality. These objects are underpinned by harm minimisation principles: minimising alcohol-related harm (including violence and antisocial behaviour), encouraging responsible attitudes to promotion and service, ensuring licensed operations contribute to rather than detract from community amenity, and supporting employment in cultural sectors (s 3(2), as amended by the Liquor Amendment Act 2020 Sch 4.1[1]–[2]).

The Act operates through seven principal mechanisms. First, it defines "liquor" broadly as any beverage containing more than 1.15% ethanol by volume at 20°C or any prescribed substance (s 4(1)). Second, it creates seven primary licence types—hotel, club, small bar, on-premises, packaged liquor, producer/wholesaler, and limited—each conferring specific authorisations (s 10). For example, a hotel licence authorises retail sale for on- or off-premises consumption during the standard trading period (5 am to midnight, subject to s 12) or any extended trading authorisation (s 14), while a packaged liquor licence is restricted to sealed containers for off-premises consumption and prohibits sales on restricted trading days (Good Friday or Christmas Day) (s 29). Third, the Act imposes a suite of operational controls: the "hotel primary purpose test" (s 15), the requirement that on-premises sales be ancillary to a meal or other service (s 24), and the 6-hour closure period (s 11A). Fourth, it contains detailed offence provisions, including the principal offences of unlicensed sale (s 7), keeping unlicensed premises (s 8), and sale contrary to licence (s 9), as well as specific prohibitions on sales to minors (s 117) or intoxicated persons (s 73(2)), permitting intoxication (s 73(1)), and supplying liquor in restricted alcohol areas (s 115).

Current sections

Direct links to the current provisions in Liquor Act 2007.

357

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Liquor Act 2007.

Note.

This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials).

s 1: Am 2011 No 72, Sch 2 [1].

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Objects of Act

3 Objects of Act

(1) The objects of this Act are as follows—

(a) to regulate and control the sale, supply and consumption of liquor in a way that is consistent with the expectations, needs and aspirations of the community,

(b) to facilitate the balanced development, in the public interest, of the liquor industry, through a flexible and practical regulatory system with minimal formality and technicality,

(c) to contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries.

(2) In order to secure the objects of this Act, each person who exercises functions under this Act (including a licensee) is required to have due regard to the following—

(a) the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour),

(b) the need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor,

(c) the need to ensure that the sale, supply and consumption of liquor, and the operation of licensed premises, contributes to, and does not detract from, the amenity of community life,

(d) the need to support employment and other opportunities in the—

(i) live music industry, and

(ii) arts, tourism, community and cultural sectors.

s 3: Am 2020 No 40, Sch 4.1[1] [2].

3A

3A (Repealed)

Definitions

4 Definitions

(1) In this Act—

accommodation premises means premises that provide temporary accommodation to travellers and includes a bed and breakfast establishment, but does not include a boarding house, lodging house, nursing home, caravan park or any other type of premises prescribed by the regulations for the purposes of this definition.

adult means a person of or above the age of 18 years.

airport means a public airport.

authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002.

Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007.

bar area, in relation to a hotel or club premises, means any part of the hotel or club premises in which liquor is ordinarily sold or supplied for consumption in the hotel or on the club premises, but does not include—

(a) a dining area in the hotel or on the club premises, or

(b) any part of the hotel in which liquor is, otherwise than as authorised under section 17(6), sold or supplied exclusively to residents, or

(c) any part of the hotel in respect of which a minors area authorisation or minors functions authorisation is in force, whenever the authorisation operates to authorise the use by a minor of that part, or

(d) any part of the club premises in respect of which an authorisation under section 22 of the Registered Clubs Act 1976 specifying the part as a non-restricted area is in force, or

(e) any part of the club premises in respect of which—

(i) a junior members authorisation under section 22A of the Registered Clubs Act 1976 is in force, or

(ii) a club functions authorisation under section 23 of that Act is in force,

whenever the authorisation operates to authorise the use by a minor of that part.

bed and breakfast establishment means premises that provide temporary guest accommodation (other than dormitory-style accommodation) and where—

(a) the establishment is operated by the permanent residents of the establishment, and

(b) meals are provided for guests only.

beer means liquor that is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer.

category 1 demerit offence means an offence against—

(a) any of the following provisions of this Act—

(i) section 9 (sale or supply of liquor contrary to licence), but only where the offence relates to the sale or supply of liquor on or in relation to licensed premises outside of the trading hours of the premises,

(ii) section 11(2) (breach of licence conditions), but only in respect of a condition imposed under—

(A) Division 4 of Part 6, or

(B) Subdivision 2 or 3 of Division 4 of Part 9A,

that restricts the trading hours of licensed premises or prohibits patrons from entering licensed premises at certain times,

(iii) section 73(1)(a) or (b) (permitting intoxication or indecent, violent or quarrelsome conduct),

(iv) section 73(2) (selling or supplying liquor to an intoxicated person),

(v) section 74(1)(b) or (2) (permitting the sale, possession or use of a prohibited plant or drug),

(vi) (Repealed)

(vii) section 82(6) (failure to comply with a short-term closure order),

(viii) section 84(7) (failure to comply with a long-term closure order),

(ix) section 102A(2) (failure to comply with a notice issued by the Secretary),

(x) section 114J (supplying liquor to an intoxicated person),

(xi) section 114L (making a same day delivery past the cut-off time),

(xii) section 149 (licensees and managers liable for act of employees etc) in respect of a contravention of section 73(2) or 75(3), or

(b) any other provision of this Act or the regulations that is prescribed by the regulations for the purposes of this definition, or

(c) the Gaming and Liquor Administration Act 2007, section 34A.

category 2 demerit offence means an offence against—

(a) any of the following provisions of this Act—

(i) section 117(1), (2) or (8) (selling or supplying liquor to a minor or allowing such sale or supply),

(ii) section 149 (licensees and managers liable for act of employees etc) in respect of a contravention of section 117(1) or (2), or

(b) any other provision of this Act or the regulations that is prescribed by the regulations for the purposes of this definition.

catering service means a service for supplying food or liquor (or both) for consumption at a function, occasion or event.

close associate means a close associate within the meaning of the Gaming and Liquor Administration Act 2007.

club premises means the premises to which a club licence relates.

community event liquor accord—see section 136A.

complainant, for Part 5, Division 3—see section 79B(4).

criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or declared by the Supreme Court under that Act to be criminal intelligence.

demerit offence means a category 1 demerit offence or a category 2 demerit offence.

demerit point, in relation to a licensee, manager of licensed premises or club licence, means a demerit point—

(a) incurred against a licensee or manager of licensed premises under section 144H, or

(b) incurred against a club licence under section 144I, or

(c) imposed against a licensee or manager of licensed premises, or a club licence, under section 144N(1)(b).

dining area, in relation to licensed premises, means a part of the licensed premises used permanently and primarily for the consumption of meals at tables.

disturbance complaint, for Part 5, Division 3 and Schedule 1, clause 71—see section 79B(1).

drink on-premises authorisation means an authorisation referred to in section 50.

employ includes engage under a contract for services.

employee includes—

(a) a person engaged by a licensee or the manager of licensed premises under a contract for services, and

Example—

a person engaged by a licensee under a contract to provide catering at a registered club

(b) a person employed by a person mentioned in paragraph (a).

evidence of age document for a person means any of the following documents that bears a photograph of the person and that indicates (by reference to the person’s date of birth or otherwise) that the person has attained a particular age, but does not include any such document that has expired or otherwise appears not to be in force—

(a) a motor vehicle driver or rider’s licence or permit issued by Transport for NSW under the Road Transport Act 2013 or by the corresponding public authority of another State or Territory or under the law of another country,

(a1) a digital driver licence within the meaning of the Road Transport Act 2013,

(b) a Photo Card issued under the Photo Card Act 2005,

(b1) a digital Photo Card within the meaning of Part 2A of the Photo Card Act 2005,

(c) a document (referred to as an existing RTA proof of age card) issued by the Roads and Traffic Authority under section 117EA of the Liquor Act 1982 and in force immediately before the repeal of that section by this Act,

Note.

Existing RTA proof of age cards cease to be valid for any purpose on 14 December 2008—see Division 3 of Part 2 of Schedule 1 to this Act.

(d) a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person’s identity and age,

(e) an Australian or foreign passport,

(f) any other class of document prescribed by the regulations for the purposes of this definition.

exempt application, for Part 5, Division 5A—see section 90D.

extended trading authorisation means an extended trading authorisation under section 49 or 49A.

financial institution means a bank or authorised deposit-taking institution.

food court, for Part 7A—see section 130A.

function means any dinner, ball, convention, seminar, sporting event, race meeting, exhibition, performance, trade fair or other fair, fete or carnival, or any other event or activity, that is conducted for public amusement or entertainment or to raise funds for any charitable or other purpose and, in relation to a surf life saving club, includes any gathering of members of the club (and their guests) organised by the club for social purposes.

gaming machine has the same meaning as in the Gaming Machines Act 2001.

general bar licence—see section 16.

hotel means the premises to which a hotel licence relates.

hotelier means the holder of a hotel licence under this Act.

incentivised event means—

(a) an event prescribed by the regulations, or

(b) a live music performance or other arts and cultural event designated by the Secretary, in accordance with the regulations, to be an incentivised event.

incentivised event venue—see section 130I.

inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007.

intoxicated—see section 5.

Kings Cross precinct—see section 4A.

licence means a licence under this Act.

licensed premises means the premises to which a licence relates.

licensee means the holder of a licence.

liquor means—

(a) a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume, or

(b) (Repealed)

(c) any other substance prescribed by the regulations as liquor.

liquor accord means a local liquor accord, precinct liquor accord or community event liquor accord.

listed live music and performance venue—see section 130O(1).

live music venue—see section 130F(1).

live performance venue—see section 130G.

local consent authority, in relation to licensed premises or proposed licensed premises, means—

(a) the local council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or

(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.

local liquor accord—see section 131.

manager of licensed premises means any of the following—

(a) a person appointed by the licensee under section 66 to manage the licensed premises,

(b) in the case of a registered club that has only one set of premises or is a registered club referred to in section 66(3)—the secretary of the registered club,

(c) in the case of a high risk venue within the meaning of section 116B—a person appointed by the licensee, in accordance with licence conditions imposed by the regulations under section 116I, to be present in the venue in accordance with those conditions.

marine authority means—

(a) the Minister administering the Ports and Maritime Administration Act 1995, or

(b) Transport for NSW.

meal means a genuine meal consumed by a person at a dining table and includes, in the case of an on-premises licence that relates to accommodation premises—

(a) a meal supplied by the proprietor for immediate consumption (otherwise than at a dining table) on or away from the premises, and

(b) a picnic-style hamper supplied by the proprietor for consumption (otherwise than at a dining table) away from the premises on the same day as it is supplied.

metropolitan area means the area prescribed by the regulations as the metropolitan area.

minor means a person who is under the age of 18 years.

minors area authorisation means an authorisation referred to in section 121.

minors authorisation, for a small bar—see section 122A.

minors functions authorisation means an authorisation referred to in section 122.

navigable waters—

(a) means all waters that are, from time to time, capable of navigation and open to or used by the public for navigation, whether on payment of a fee or otherwise, but

(b) does not include flood waters that have temporarily flowed over the established bank of a watercourse.

non-metropolitan area means an area other than the metropolitan area.

non-proprietary association means—

(a) an incorporated or unincorporated body or association of persons (including a club) that, by its constitution or any law that governs its activities—

(i) is required to apply its profits (if any) and other income to the promotion of its objects or to purposes provided for by any such law, and

(ii) is prohibited from paying dividends, or distributing profits or income, to its shareholders or members, or

(b) a local council, or

(c) any public authority or community organisation prescribed by the regulations to be a non-proprietary association for the purposes of this definition.

owner of premises means the person entitled to the rents or profits of the premises.

passenger terminal, for Part 7A—see section 130A.

person authorised to sell liquor means—

(a) a licensee, or

(b) a person who is authorised by the law of another State or Territory to sell liquor, or

(c) any person who sells or supplies liquor (whether in New South Wales or elsewhere) but is not required by this Act to hold a licence in respect of the sale or supply of liquor in New South Wales, or

(d) a person who is prescribed by the regulations, or who is of a class of persons prescribed by the regulations, for the purposes of this definition.

planning approval, for Part 5, Division 5A—see section 90A.

precinct liquor accord—see section 136A.

premises includes—

(a) a building or structure, or

(b) land or a place (whether built on or not), or

(c) a vehicle, vessel or aircraft.

prescribed precinct—see section 116C.

prohibited drug and prohibited plant have the same meanings as in the Drug Misuse and Trafficking Act 1985.

public entertainment venue means any of the following—

(a) a cinema,

(b) a theatre,

(c) premises in respect of which the primary business or activity is the provision of entertainment to members of the public by a person who is physically present on the premises and is actually providing the entertainment.

published cumulative impact assessment, for Division 5 of Part 4—see section 72A.

racing club means a body (whether incorporated or unincorporated) registered as a racing club by Racing New South Wales, Harness Racing New South Wales or Greyhound Racing New South Wales.

registered club means a club that holds a club licence under this Act.

related authorisation, for Division 5 of Part 4—see section 72A.

related corporation of a licensee means—

(a) if the licensee is a corporation—a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of the licensee, or

(b) if the licensee is an individual—a corporation—

(i) that employs the licensee, or

(ii) in respect of which the licensee occupies a position of authority.

relevant event, for Part 7B, Division 2—see section 130J.

relevant licence, for Division 5 of Part 4—see section 72A.

relevant stakeholders, for Division 5 of Part 4—see section 72A.

resident of licensed premises means a person (other than the licensee) who resides, or is staying overnight in, a part of the premises that has been set aside for the purposes of accommodation.

responsible adult, in relation to a minor, means an adult who is—

(a) a parent, step-parent or guardian of the minor, or

(b) the minor’s spouse or de facto partner, or

(c) for the time being standing in as the parent of the minor.

responsible person for licensed premises means any of the following—

(a) the licensee,

(b) the manager of the premises,

(c) an employee or agent of the licensee or manager,

(d) a person acting or purporting to act on behalf of the licensee or manager.

restaurant means premises (however described) in respect of which the primary purpose is the business of preparing and serving meals to the public.

restricted alcohol area means any part of the State declared by the regulations under section 115 to be a restricted alcohol area for the purposes of this Act.

restricted trading day means Good Friday or Christmas Day.

same day delivery, for Division 1B of Part 6—see section 114E.

same day delivery provider, for Division 1B of Part 6—see section 114E.

Secretary means the Secretary of the Department of Enterprise, Investment and Trade.

secretary of a registered club has the same meaning as in the Registered Clubs Act 1976.

sell includes any of the following—

(a) barter or exchange,

(b) offer, agree or attempt to sell,

(c) expose, send, forward or deliver for sale,

(d) cause or permit to be sold or offered for sale.

small bar means the premises to which a small bar licence relates.

social impact duty, for Division 5 of Part 4—see section 72A.

special entertainment precinct has the same meaning as in the Local Government Act 1993, section 202.

special entertainment precinct venue—see section 130H.

standard trading period—see section 12.

statement of risks and potential effects—see section 72I(1).

supply includes dispose of or deliver.

surf life saving club means a body (whether incorporated or unincorporated) that provides surf life saving services to members of the public in New South Wales.

tasting, in relation to liquor, means sampling a small amount of a particular product (including such an amount as may be prescribed by the regulations) usually for the first time or for the purpose of deciding whether to purchase a larger quantity of the product (or both), but does not include sampling to the extent that it is no longer ancillary to the primary purpose for which customers or intending customers are being supplied with the product, namely purchasing the product for consumption away from the licensed premises concerned.

tertiary institution means—

(a) a university, or

(b) a TAFE establishment within the meaning of the Technical and Further Education Commission Act 1990, or

(c) any higher education provider (within the meaning of Division 16 of Part 2-1 of the Higher Education Support Act 2003 of the Commonwealth) prescribed by the regulations.

trading hours of licensed premises means the times during which, subject to this Act and the conditions of the licence, the sale or supply of liquor on the premises is authorised.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act, a reference to the exercise of a function (except in the context of a function as defined in subsection (1)) includes a reference to the exercise or performance of a power, authority or duty.

(3) Notes included in the text of this Act do not form part of this Act.

s 4: Am 2009 No 23, Sch 3.3 [1]; 2009 No 72, Sch 1 [2] [3]; 2010 No 19, Sch 3.59 [1]; 2010 No 36, Sch 1 [1] [2]; 2011 No 41, Sch 5.18; 2011 No 72, Sch 2 [1]–[3]; 2012 No 9, Sch 1.6 [1]; 2012 No 91, Sch 1 [1]; 2013 No 12, Sch 2.2; 2013 No 5, Sch 1 [1] [2]; 2013 No 76, Sch 1 [1]–[3]; 2014 No 3, Sch 1 [1] [2]; 2014 No 76, Sch 1 [2]; 2017 No 20, Sch 1 [1] [2]; 2018 No 7, Sch 1.9 [1]; 2018 No 21, Sch 3.3[1]–[3]; 2020 No 30, Schs 3.25, 4.35; 2020 No 40, Schs 1.1[1], 2.1[1], 3.1[1], 4.1[3]; 2021 No 32, Sch 1.8[1]; 2022 No 59, Sch 3.39; 2023 No 53, Sch 2[1] [2]; 2024 No 76, Sch 2[1] [2]; 2025 No 69, Sch 1[1] [2]; 2025 No 73, Sch 1[2] [3].

Meaning of “Kings Cross precinct”

4A Meaning of “Kings Cross precinct”

(1) For the purposes of this Act, the Kings Cross precinct is the area including and bounded by the streets or parts of streets specified in Schedule 2.

(2) (Repealed)

(3) The regulations may amend Schedule 2 by adding or removing, or varying the description of, a street or part of a street.

s 4A: Ins 2012 No 91, Sch 1 [2]. Am 2017 No 20, Sch 1 [3].

Meaning of “intoxicated”

5 Meaning of “intoxicated”

(1) For the purposes of this Act, a person is intoxicated if—

(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and

(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor.

(2) Accordingly, a reference in this Act to intoxication in relation to licensed premises is a reference to the presence of intoxicated persons on the licensed premises.

(3) The Secretary is to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of this Act. Such guidelines are to be made publicly available in such manner as the Secretary considers appropriate.

(4) The guidelines issued by the Secretary may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.

Exemptions from Act

6 Exemptions from Act

(1) General exemptions This Act does not apply to or in respect of the following—

(a) the sale of liquor to an adult on such trains under the control of Sydney Trains or NSW Trains as are determined by those corporations,

(b) the sale of spirituous or distilled perfume as perfumery only and not for drinking,

(c) the sale of liquor for medicinal purposes by a medical practitioner, nurse practitioner, midwife practitioner or pharmacist,

(d) the sale of liquor to an adult at an auction conducted by an auctioneer, but only if such requirements (if any) as are prescribed by the regulations are complied with,

(e) the sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff’s officer, or a bailiff or a police officer,

(f) the sale of liquor to an adult on board a vessel engaged in interstate or overseas voyages, but only if such requirements (if any) as are prescribed by the regulations are complied with,

(g) the sale of liquor to an adult on board an aircraft, except in the case of a charter service where a person other than the aircraft operator sells or supplies liquor on board the aircraft,

(h) the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth,

(i) (Repealed)

(j) the sale or supply of liquor to an adult who—

(i) is accommodated in a nursing home within the meaning of the Public Health Act 2010, and

(ii) is receiving nursing care,

if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the nursing home,

(k) the sale or supply of liquor to an adult who—

(i) is an in-patient of a public hospital within the meaning of the Health Services Act 1997, or

(ii) is an overnight patient of a private health facility within the meaning of the Private Health Facilities Act 2007, or

(iii) is an in-patient of any other medical facility of a class prescribed by the regulations,

if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the hospital or facility,

(l) the sale or supply of liquor in such other circumstances as may be prescribed by the regulations.

(1A) Exemption for gift services in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (other than the purchaser) specified by the purchaser, but only if the following requirements are complied with—

(a) the business of the vendor is promoted or marketed as a genuine gift service,

(b) the gift is packaged and presented in such a manner that any person receiving it would assume it to be a genuine gift,

(c) the gift is delivered to the person specified by the purchaser at a place other than the premises at which the business of the vendor is conducted,

(d) the person to whom the gift is delivered is an adult,

(e) the gift is delivered between 7am and 7pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period),

(f) the volume of liquor supplied as part of the gift does not exceed 2 litres,

(g) the liquor has been purchased by the vendor on a retail basis.

(2) Exemption for bed and breakfast establishments in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to the guests of a bed and breakfast establishment (the B&B), but only if the following requirements are complied with—

(a) no more than 8 adult guests are staying at the B&B at the one time,

(b) the liquor is not supplied to a minor,

(c) the liquor has been purchased by the proprietor of the B&B on a retail basis,

(d) the sale or supply is ancillary to the provision of accommodation or a meal,

(e) any person who sells, supplies or serves liquor to a guest has obtained the same qualifications with respect to responsible service of alcohol as licensees and employees of licensees are required to obtain under this Act,

(f) the proprietor of the B&B has notified the Authority, in the form and manner approved by the Authority, that the B&B sells or supplies liquor to guests as provided by this subsection.

(3) Exemption for retirement villages in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to an adult who is a resident of a retirement village (or who is the guest of such a resident) at any gathering held in the village, but only if the following requirements are complied with—

(a) a member of the Residents Committee for the village, or a person nominated by the Residents Committee, is present at the gathering to supervise the sale and supply of liquor and the conduct of the gathering,

(b) the liquor that is sold or supplied at the gathering has been purchased on a retail basis,

(c) the gathering has not been organised, or is not being conducted, by the operator of the retirement village.

(4) In subsection (3), operator, resident, Residents Committee and retirement village have the same meanings as in the Retirement Villages Act 1999.

(5) Exemption for fundraising functions held by non-proprietary associations Subject to this section, this Act does not apply to or in respect of the sale or supply of liquor at a function held by or on behalf of an eligible non-proprietary association if the following requirements are complied with—

(a) the purpose of the function is to raise funds for the benefit of the association or the community,

(b) the sale or supply of liquor is ancillary to that purpose,

(c) liquor is sold or supplied from one bar only,

(d) liquor is sold or supplied for consumption on the premises only and only in open containers,

(e) liquor is sold or supplied for a continuous period of not more than 4 hours,

(f) liquor is not sold or supplied before 6 am or after midnight,

(g) any person who sells, supplies or serves liquor at the function has the same qualifications with respect to responsible service of alcohol as licensees and employees of licensees are required to have under this Act,

(h) liquor is not sold or supplied to minors,

(i) a member of the non-proprietary association who is an adult, or a person involved in the management of the association who is an adult, and who is not intoxicated, is to be present in the immediate vicinity of the bar area at all times that minors are present at the function,

(j) liquor is not sold or supplied to a person who is intoxicated,

(k) meals or other prepared food (namely, food requiring preparation, cooking or reheating before being eaten) and free drinking water are available whenever liquor is sold or supplied,

(l) police officers and inspectors are permitted full and free access to the premises where the function is held at all times while the function is being held,

(m) notice, in the form and manner approved by the Secretary, of the function has been given, at least 14 days before the function is held, to the Secretary, local police and the local council in whose area the function is to be held,

(n) no more than 250 people are attending the function,

(o) no more than 6 functions in any period of 12 months are held in accordance with the exemption under this subsection.

(6) A non-proprietary association is not an eligible association for the purposes of subsection (5) if—

(a) the association is subject to an order under subsection (7), or

(b) a limited licence is held on behalf of the association, or

(c) an order under section 141(2)(i) that a limited licence is not to be granted to any person on behalf of the association is in force, or

(d) any disciplinary action under section 141 has, during the period of 6 months before any function is held in accordance with the exemption under subsection (5), been taken against a person who held a limited licence on behalf of the association, or

(e) the association, or the secretary or an office holder of the association, has committed a prescribed offence within the meaning of section 144B during the period of 6 months before any function is held in accordance with the exemption under subsection (5).

For the purposes of paragraph (e), a prescribed offence is committed in the circumstances referred to in section 144C.

(7) The Secretary may, by order in writing given to a non-proprietary association, declare that the association is not an eligible association for the purposes of subsection (5). Any such order has effect for the period specified in the order.

(8) The regulations may—

(a) create exceptions to subsection (5) (including modifying any of the requirements specified in that subsection), and

(b) prescribe additional requirements that must be complied with for the purposes of subsection (5).

(9) Any offence that is committed under this Act because the requirements of subsection (5) are not complied with is taken to have been committed by—

(a) the non-proprietary association holding the function or on whose behalf the function is held, or

(b) in the case of a non-proprietary association that is not incorporated—the secretary or other relevant office holder of the association.

(10) Directions relating to conduct of functions under subsection (5) The Secretary may give a written direction to a non-proprietary association or, in the case of a non-proprietary association that is not incorporated, to the secretary of the association or other relevant office holder of the association, that relates to the conduct of a function held by or on behalf of the association in accordance with the exemption under subsection (5).

(11) Without limitation, any such direction may prohibit or restrict the sale or supply of liquor at any such function.

(12) A direction under subsection (10)—

(a) takes effect when it is given to the non-proprietary association or person concerned or on a later date specified in the direction, and

(b) may be varied or revoked by the Secretary, and

(c) has effect despite the exemption under subsection (5).

(13) A non-proprietary association or person who, without reasonable excuse, fails to comply with a direction given to the association or person under subsection (10) is guilty of an offence.

Maximum penalty—50 penalty units.

(14) General provision For the avoidance of doubt, an exemption under this section does not have effect if any requirement that applies in relation to the exemption is not complied with.

s 6: Am 2007 No 9, Sch 5.18 (subst 2009 No 106, Sch 5.15); 2010 No 34, Sch 2.32; 2010 No 127, Sch 4.14; 2011 No 72, Sch 2 [4] [5]; 2014 No 76, Sch 1 [3]; 2017 No 12, Schs 1.9, 2.4; 2017 No 50, Sch 5.19.

Part 2

Principal offences relating to sale and supply of liquor

Part 2 Principal offences relating to sale and supply of liquor

Licence required to sell liquor

7 Licence required to sell liquor

(1) A person must not sell liquor unless the person is authorised to do so by a licence.

Maximum penalty—100 penalty units or imprisonment for 12 months, or both.

(2) A person does not commit an offence under subsection (1) if the person is an employee or agent of a licensee and the sale is made in accordance with this Act and the authorisation conferred by the licence.

(3) A person who is the occupier, manager or person apparently in control of any premises on or from which liquor is sold in contravention of subsection (1) is taken to have sold the liquor unless it is proved that the person—

(a) had no knowledge of the sale, and

(b) had used all due diligence to prevent the sale of liquor on or from the premises.

Keeping or using unlicensed premises

8 Keeping or using unlicensed premises

(1) A person must not—

(a) open, keep or use any premises for the purpose of selling liquor, or

(b) permit any premises to be opened, kept or used by another person for the purpose of selling liquor, or

(c) have the care or management of any premises opened, kept or used for the purpose of selling liquor, or

(d) assist in conducting the business of any premises opened, kept or used for the purpose of selling liquor,

unless the premises are licensed premises or are otherwise authorised under this Act to be used for the sale or supply of liquor.

Maximum penalty—100 penalty units or imprisonment for 12 months, or both.

(2) A person who is found on, or who is found entering or leaving, any premises opened, kept or used in contravention of subsection (1) is guilty of an offence.

Maximum penalty—5 penalty units.

Sale or supply of liquor contrary to licence

9 Sale or supply of liquor contrary to licence

(1) A licensee or an employee or agent of a licensee must not sell or supply liquor, or cause or permit liquor to be sold or supplied—

(a) in contravention of the conditions to which the licence is subject, or

(b) otherwise than in accordance with the authority conferred on the licensee by or under this Act.

(2) Without limiting subsection (1), a licensee must not—

(a) keep licensed premises open for the sale or supply of liquor, or

(b) sell or supply liquor,

at a time when the licensee is not authorised under this Act to sell or supply liquor.

(3) A licensee must not sell, or employ or permit another person to sell, liquor on premises other than premises on which the licensee is authorised by the licence or this Act to sell the liquor.

Maximum penalty—100 penalty units or imprisonment for 12 months, or both.

Part 3

Liquor licences

Part 3 Liquor licences

Division 1

Preliminary

Division 1 Preliminary

Types of licences and authorisation conferred by licence

10 Types of licences and authorisation conferred by licence

(1) The following types of licences may be granted and held under this Act—

(a) hotel licence,

(b) club licence,

(b1) small bar licence,

(c) on-premises licence,

(d) packaged liquor licence,

(e) producer/wholesaler licence,

(f) limited licence,

(g) any other type of licence that is prescribed by the regulations.

(2) A licence authorises the licensee to sell or supply liquor in accordance with this Act and the conditions of the licence.

(3) The authorisation conferred by a licence is subject to this Act and the regulations.

s 10: Am 2013 No 5, Sch 1 [3]; 2018 No 94, Sch 4 [1].

Licence conditions—general provisions

11 Licence conditions—general provisions

(1) A licence is subject to—

(a) such conditions as may be imposed, or are taken to have been imposed, by the Authority or the Secretary (whether at the time the licence is granted or at any later time) under this Act, and

(b) such conditions as are imposed by this Act or prescribed by the regulations, and

(c) such other conditions as are authorised to be imposed on the licence under this Act.

(1A) (Repealed)

(2) A licensee must comply with any conditions to which the licence is subject.

Maximum penalty—100 penalty units or imprisonment for 12 months, or both.

(3) For the purposes of this Act, a condition to which a licence is subject includes any provision of this Act that imposes a requirement or restriction (other than as an offence) on or in relation to the licence, licensee or licensed premises concerned.

Note.

The times during which licensed premises are authorised to trade is an example of such a requirement.

s 11: Am 2008 No 102, Sch 1 [1]; 2020 No 40, Sch 1.1[2].

11A

Special licence condition—6-hour closure period for licensed premises

11A Special licence condition—6-hour closure period for licensed premises

(1) This section applies in relation to—

(a) any licence granted on or after 30 October 2008, and

(b) any licence in force before that date, but only if an extended trading authorisation granted on or after that date is in force in relation to the licensed premises concerned.

(2) A licence to which this section applies is subject to the condition that liquor must not be sold by retail on the licensed premises for a continuous period of 6 hours (as determined in accordance with this section) during each consecutive period of 24 hours (the 6-hour closure period).

(3) Except as provided by subsection (4), the 6-hour closure period for any particular licensed premises is the period that is approved for the time being by the Authority.

(4) In the case of a licence—

(a) granted on or after 30 October 2008 but before the date on which this section (as inserted by the Liquor Legislation Amendment Act 2008) commenced, or

(b) granted by the Local Court (as provided by clause 25 of Schedule 1) at any time after the date on which this section commenced,

the 6-hour closure period for the licensed premises is, subject to subsection (5), the period from 4 am to 10 am.

(5) The Authority may at any time, on application by the licensee or by the Secretary or the Commissioner of Police, or on its own initiative, approve of licensed premises having a different 6-hour closure period than—

(a) the period as last approved by the Authority, or

(b) the period specified in subsection (4).

(6) Any such application by the licensee must be accompanied by the fee prescribed by the regulations.

(7) To avoid doubt, during the 6-hour closure period for any licensed premises—

(a) the licensed premises are not authorised to stay open for the retail sale of liquor on the premises, and

(b) the licensee is not authorised to sell liquor by retail for consumption away from the licensed premises.

(8) This section has effect despite any other provision of this Act (in particular, those provisions relating to the standard trading period for licensed premises).

(9) This section does not, however, apply to the sale or supply of liquor to a resident of licensed premises if the liquor is sold or supplied for consumption in the room in which the resident is residing or staying.

(10) The regulations may also create exceptions to this section.

s 11A: Ins 2008 No 101, Sch 1 [1].

Standard trading period for certain licensed premises

12 Standard trading period for certain licensed premises

(1) For the purposes of this Act, the standard trading period means—

(a) the period from 5am to midnight, or

(b) if the regulations prescribe a shorter period—the shorter period.

(1A) Despite subsection (1), the standard trading period for a small bar is the period from 10am to midnight on any day of the week.

Note.

Small bars are subject to the 6-hour closure period under section 11A.

(1B) Despite subsection (1), the standard trading period for a Sunday for premises to which this subsection applies is—

(a) from 10am to 10pm, or

(b) for a Sunday that falls on 24 or 31 December—from 10am to midnight.

(1C) Subsection (1B) applies to the following premises or part of premises—

(a) if the primary purpose of the business carried on on licensed premises to which a packaged liquor licence relates is the sale or supply of liquor for consumption away from the licensed premises—the licensed premises,

(b) if the primary purpose of the business carried on on licensed premises to which a packaged liquor licence relates is not the sale or supply of liquor for consumption away from the licensed premises—the part of the premises that is a liquor sales area (within the meaning of section 30) of the licensed premises,

(c) if a hotel licence, club licence, on-premises licence or producer/wholesaler licence authorises the licensee to sell liquor for consumption away from the licensed premises—any part of the licensed premises to the extent that it is used for that purpose.

(2) Any regulation that prescribes a shorter period for the purposes of subsection (1) may—

(a) apply to a specified class of licensed premises, and

(b) apply in relation to a specified day or days, and

(c) in the case of licensed premises on which liquor may be sold or supplied for consumption on the premises as well as for consumption away from the premises—specify different periods for the sale or supply of liquor for consumption on the premises and for the sale or supply of liquor for consumption away from the premises.

(3) Without limiting subsection (2)(a), a class of licensed premises may be specified by reference to licensed premises that are located in a particular area (however described).

s 12: Am 2013 No 5, Sch 1 [4] [5]; 2014 No 3, Sch 1 [3] [4]; 2014 No 76, Sch 1 [4]; 2020 No 40, Sch 4.1[5] [6]; 2023 No 53, Sch 2[3]–[5].

12A

12A, 12B (Repealed)

Special events extended trading period for certain venues

13 Special events extended trading period for certain venues

(1) In addition to the trading hours that apply under this Act to relevant licensed premises, the Minister may, by notice published in the Gazette, declare a period (an extended trading period) during which liquor may be sold or supplied on relevant licensed premises.

(2) An extended trading period for a special event may be declared only in relation to the following specified days—

(a) the day on which the special event is to be held (the special event day),

(b) the day immediately following the special event day,

(c) if the Minister is satisfied the special event will attract visitors to the area in which the relevant licensed premises is located—the day immediately before the special event day.

(3) A notice under this section may—

(a) apply to a specified class of relevant licensed premises, or

(b) specify conditions that must be met for liquor to be sold or supplied on relevant licensed premises during the extended trading period.

(4) Without limiting subsection (3), a class of relevant licensed premises may be specified by reference to relevant licensed premises located in a particular area, however described.

(5) This section does not authorise—

(a) the sale, supply or consumption of liquor on licensed premises contrary to a restriction or prohibition imposed by or under this Act in relation to the trading hours for the licensed premises, or

(b) the operation of gaming machines during an extended trading period.

(6) In this section—

relevant licensed premises means the following—

(a) licensed premises to which a club licence relates,

(b) a listed live music and performance venue,

(c) licensed premises to which a general bar licence relates,

(d) licensed premises to which a hotel licence relates,

(e) licensed premises to which a small bar licence relates,

(f) licensed premises to which an on-premises licence relates,

(g) licensed premises to which a producer wholesaler licence relates.

special event means an event the Minister considers to be of regional, State or national significance.

s 13: Subst 2023 No 53, Sch 2[7]. Am 2024 No 76, Sch 2[3] [4]; 2025 No 73, Sch 1[5] [6].

Division 2

Hotel licences

Division 2 Hotel licences

Authorisation conferred by hotel licence

14 Authorisation conferred by hotel licence

(1) A hotel licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on or away from the licensed premises.

(2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are as follows—

(a) during the standard trading period or at such other times as may be authorised by an extended trading authorisation,

(b) on 31 December in any year (but without limiting the operation of any extended trading authorisation)—from the start of the standard trading period for that day until 2 am on the next succeeding day,

(c) at any time on any day (including a restricted trading day) to a resident of the licensed premises or to a guest of such a resident while the guest is in the resident’s company.

(3) Restricted trading days Despite subsection (2)(a), the times when liquor may be sold for consumption on the licensed premises on a restricted trading day are as follows—

(a) between midnight and 5 am on that day (but only if authorised by an extended trading authorisation),

(b) between noon and 10 pm on that day.

(3A) In the case of Christmas Day, liquor must not be sold for consumption on the licensed premises between noon and 10 pm unless it is sold with or ancillary to a meal served in a dining area on the licensed premises.

(4) Trading hours for consumption away from premises Liquor may be sold for consumption away from the licensed premises during the standard trading period or at such other times as may be authorised by an extended trading authorisation.

(4A) An extended trading authorisation must not authorise the sale of liquor for consumption away from the licensed premises—

(a) on a Sunday that does not fall on 24 or 31 December—after 11 pm, and

(b) on any other day—after midnight.

(5) No take-away sales on restricted trading days However, the sale of liquor for consumption away from the licensed premises is not authorised on a restricted trading day.

(6) Functions on other premises A hotel licence also authorises the licensee to sell liquor by retail for the purposes of a function to be held on such other premises as the Authority may, on application by the licensee, authorise, but only for consumption on those premises and at such times as may be specified by the Authority in the licence.

Note.

Section 51 applies to an authorisation referred to in this subsection.

s 14: Am 2009 No 72, Sch 1 [4] [5]; 2014 No 3, Sch 1 [5]; 2020 No 40, Sch 4.1[8].

Hotel licence—general provisions

15 Hotel licence—general provisions

(1) The following provisions apply in relation to a hotel licence (the hotel primary purpose test)—

(a) except as provided by section 15A, the primary purpose of the business carried out on the licensed premises must at all times be the sale of liquor by retail,

(b) the keeping or operation of gaming machines (as authorised under the Gaming Machines Act 2001) on the licensed premises must not detract unduly from the character of the hotel or from the enjoyment of persons using the hotel otherwise than for the purposes of gambling.

(2) The authorisation conferred by a hotel licence does not apply unless the hotel primary purpose test is complied with in relation to the licensed premises.

(3) Any premises (other than the actual hotel) that are authorised by the Authority for the sale of liquor under a hotel licence are, for the purposes of this Act, taken to be part of the licensed premises to which the licence relates.

s 15: Am 2011 No 72, Sch 2 [6].

15A

Cessation of liquor sales during trading hours

15A Cessation of liquor sales during trading hours

(1) Extended trading periods A hotelier may, at any time during the period that an extended trading authorisation is in force in relation to the licensed premises—

(a) cease to sell or supply liquor on the licensed premises, and

(b) continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings and for gambling activities that are otherwise permitted on the premises).

(2) Authority may approve of cessation of liquor sales during standard trading period A hotelier may, at any time during the standard trading period—

(a) cease to sell or supply liquor on the licensed premises, and

(b) continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings and for gambling activities that are otherwise permitted on the premises),

but only with the approval of the Authority.

(3) An application for the approval of the Authority under subsection (2) may be made by the hotelier concerned. Any such application must be accompanied by the fee prescribed by the regulations.

(4) The Authority may give its approval only if it is satisfied that—

(a) the operation of gaming machines on the licensed premises during the period to which the approval relates will not detract unduly from the character of the hotel, and

(b) gambling activities on the licensed premises will be conducted in a responsible manner.

(5) Cessation of liquor sales during standard trading period without gambling activities A hotelier may, at any time during the standard trading period—

(a) cease to sell or supply liquor on the licensed premises, and

(b) continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings).

However, it is a condition of the licence that the licensed premises must not be used for the purposes of any gambling activities during any such time that liquor is not being sold or supplied unless an approval is in force under subsection (2) in relation to the licensed premises.

s 15A: Ins 2011 No 72, Sch 2 [7].

Hotel licence may be designated as a general bar licence

16 Hotel licence may be designated as a general bar licence

(1) The Authority may, in granting a hotel licence, designate the licence as a general bar licence and specify in the licence that it is a general bar licence.

(2) The designation of a hotel licence as a general bar licence cannot be changed.

(3) It is not lawful to keep or operate gaming machines on the premises to which a general bar licence relates. Accordingly, the keeping or operation of gaming machines on any such premises cannot be authorised under the Gaming Machines Act 2001.

(4) Despite section 14, a general bar licence does not authorise the sale or supply of liquor for consumption away from the licensed premises at any time.

Hotel licence—miscellaneous conditions

17 Hotel licence—miscellaneous conditions

(1) Cash advances prohibited A hotelier must not—

(a) provide a cash advance in the hotel, or

(b) permit a cash advance to be provided in the hotel on behalf of the hotelier,

except as a prize or bonus won as a direct or indirect consequence of participating in a form of gambling that may lawfully be conducted on the licensed premises.

(2) Hotels must be open to general public The business carried out under a hotel licence must not be, or include, a business that is limited to the sale or supply of liquor only—

(a) to persons who have been invited to use or attend the hotel, or

(b) to a particular class, or particular classes, of persons using or attending the hotel.

(2A) To avoid doubt, subsection (2)—

(a) does not prevent a hotel being closed to the general public because it has been booked for a private function including, for example, a wedding or party, but

(b) does not allow it to be closed to the general public for use as a members-only premises or club, or for other exclusive use on a recurrent basis.

(3) Subsection (2) is subject to such exceptions as may be approved by the Authority on a temporary basis in relation to any particular hotel or to such other exceptions as may be prescribed by the regulations. Also, subsection (2) does not apply to the extent that is necessary to comply with any other provision of this Act or with any other law.

(4) Food must be made available Liquor may only be sold or supplied in a hotel if food of a nature consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on the premises for consumption on the premises. If any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.

(5) Prohibition on residents and employees drinking liquor in bar area outside trading hours Liquor may not be sold or supplied to, or consumed by, a resident or an employee of the licensee in a bar area of the hotel except at the time when liquor is authorised to be sold or supplied to other persons in that or any other bar area of the hotel. This subsection has effect despite any other provision of this Act, but is subject to subsection (6).

(6) The Authority may, on application by a hotelier, authorise the use of a bar area of the hotel for the sale, supply or consumption of liquor exclusively to, or by, residents at a time when liquor may not otherwise be sold or supplied in a bar area of the hotel.

Note.

Section 51 applies to an authorisation referred to in this subsection.

s 17: Am 2014 No 76, Sch 1 [5]; 2020 No 40, Sch 4.1[9].

Division 3

Club licences

Division 3 Club licences

Authorisation conferred by club licence

18 Authorisation conferred by club licence

(1) A club licence authorises the licensee to sell liquor by retail on the licensed premises to a member of the club (or a guest of a member of the club) for consumption on or away from the licensed premises.

(2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are as follows—

(a) during the standard trading period or at such other times as may be authorised by an extended trading authorisation,

(b) on 31 December in any year (but without limiting the operation of any extended trading authorisation)—from the start of the standard trading period for that day until 2 am on the next succeeding day.

(3) Trading hours for consumption away from premises Liquor may be sold for consumption away from the licensed premises during the standard trading period or at such other times as may be authorised by an extended trading authorisation.

(3A) An extended trading authorisation must not authorise the sale of liquor for consumption away from the licensed premises—

(a) on a Sunday that does not fall on 24 or 31 December—after 11 pm, and

(b) on any other day—after midnight.

(4) No take-away sales on restricted trading days However, the sale of liquor for consumption away from the licensed premises is not authorised on a restricted trading day.

s 18: Am 2014 No 3, Sch 1 [6]; 2020 No 40, Sch 4.1[10].

Club licence—general provisions

19 Club licence—general provisions

(1) A club licence may only be granted to a club that—

(a) meets the requirements specified in section 10(1) of the Registered Clubs Act 1976, and

(b) otherwise complies with the requirements of that Act.

(2) If a registered club owns or occupies more than one set of premises—

(a) each set of premises must be separately licensed under this Act, and

(b) the entity comprising the registered club is the licensee for each set of licensed premises.

(3) The regulations may create exceptions to this section.

Club licence—miscellaneous conditions

20 Club licence—miscellaneous conditions

(1) The following requirements apply in relation to a registered club—

(a) the club must not hold a hotel licence or acquire any financial interest in a hotel,

(b) the manager of the licensed premises must not provide a cash advance on the premises, or permit a cash advance to be provided on the premises on behalf of the club otherwise than as a prize or bonus won as a direct or indirect consequence of participating in a form of gambling that may lawfully be conducted on the licensed premises.

(2) Subsection (1)(a) does not apply to or in respect of a hotelier’s licence or financial interest in a hotel that was granted to (or acquired by) a club before 2 April 2002.

Note.

The prohibition on a registered club holding a hotelier’s licence or acquiring a financial interest in a hotel was previously contained in section 9A(1AA) of the Registered Clubs Act 1976 (as inserted by Schedule 3[6] to the Gaming Machines Act 2001). The previous prohibition did not apply to licences or financial interests granted or acquired before the commencement of section 9A(1AA)—see clause 89 of Schedule 2 to the Registered Clubs Act 1976.

Division 3A

Small bar licences

Division 3A Small bar licences

pt 3, div 3A: Ins 2013 No 5, Sch 1 [6].

20A

Authorisation conferred by small bar licence

20A Authorisation conferred by small bar licence

(1) A small bar licence authorises the licensee to sell liquor by retail on the licensed premises—

(a) for consumption on the premises, or

(b) as house-made cocktails for consumption away from the premises, or

(c) for consumption away from the licensed premises in accordance with an authorisation under section 25A.

(2) In this section—

house-made cocktails, in relation to licensed premises—

(a) means alcoholic beverages that are mixed on the licensed premises, but

(b) does not include cocktails that are pre-mixed away from the licensed premises for the licensee to sell by retail.

Note.

Gaming machines in small bars are prohibited under the Unlawful Gambling Act 1998.

s 20A: Ins 2013 No 5, Sch 1 [6]. Am 2020 No 40, Sch 4.1[11]; 2021 No 32, Sch 1.8[5]; 2023 No 53, Sch 2[8]; 2025 No 73, Sch 1[8].

20B

Trading hours for small bars

20B Trading hours for small bars

(1) The times when liquor may be sold under the authority conferred by a small bar licence are during the standard trading period or at such other times as may be authorised by an extended trading authorisation.

(2) An extended trading authorisation under section 49A is, on the granting of the licence, taken to be in force authorising the sale or supply of liquor on the licensed premises between midnight and 2 am on any day of the week.

Note.

Small bars may apply for longer trading periods under section 49A.

(3) Despite subsection (1), the times when liquor may be sold for consumption on the licensed premises for a small bar on a restricted trading day are—

(a) between midnight and 5 am, if authorised by an extended trading authorisation, and

(b) between noon and 10 pm.

(4) Liquor may be sold for consumption away from the licensed premises in accordance with an authorisation referred to in section 20A(1)(b) or (c)—

(a) during the standard trading period for the licensed premises, or

(b) for a Sunday that is not 24 or 31 December—no later than 11pm.

(5) Despite subsection (4), the sale of liquor for consumption away from the licensed premises is not authorised on a restricted trading day.

s 20B: Ins 2013 No 5, Sch 1 [6]. Am 2017 No 20, Sch 1 [4] [5]; 2020 No 40, Sch 4.1[12]–[14]; 2023 No 53, Sch 2[9].

20C

Small bar licence—miscellaneous conditions

20C Small bar licence—miscellaneous conditions

(1) Maximum number of patrons Liquor must not be sold or supplied in a small bar if the number of patrons on the premises exceeds 60 or such greater number as may be prescribed by the regulations.

(2) Small bars must be open to general public The business carried out under a small bar licence must not be, or include, a business that is limited to the sale or supply of liquor only—

(a) to persons who have been invited to use or attend the small bar, or

(b) to a particular class, or particular classes, of persons using or attending the small bar.

(2A) To avoid doubt, subsection (2)—

(a) does not prevent a small bar being closed to the general public because it has been booked for a private function including, for example, a wedding or party, but

(b) does not allow it to be closed to the general public for use as a members-only premises or club, or for other exclusive use on a recurrent basis.

(3) Subsection (2) is subject to such exceptions as may be approved by the Authority on a temporary basis in relation to any particular small bar or to such other exceptions as may be prescribed by the regulations. Also, subsection (2) does not apply to the extent that is necessary to comply with any other provision of this Act or with any other law.

(4) Food must be made available Liquor may only be sold or supplied in a small bar if food of a nature and quantity consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on the premises. If any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.

s 20C: Ins 2013 No 5, Sch 1 [6]. Am 2014 No 76, Sch 1 [6]; 2020 No 40, Sch 4.1[15].

Division 4

On-premises licences

Division 4 On-premises licences

Certain kinds of premises not to be licensed

21 Certain kinds of premises not to be licensed

(1) An on-premises licence must not be granted in respect of any premises if the premises—

(a) are used primarily for the purposes of carrying out a business or activity, or

(b) are of a kind of premises,

prescribed by the regulations for the purposes of this section.

(2) The authorisation conferred by an on-premises licence does not apply if the licensed premises—

(a) are used primarily for the purposes of carrying out any such business or activity prescribed by the regulations, or

(b) are premises of any such kind prescribed by the regulations.

Primary purpose test

22 Primary purpose test

(1) An on-premises licence must not be granted in respect of any premises if the primary purpose of the business or activity carried out on the premises is the sale or supply of liquor.

(2) The authorisation conferred by an on-premises licence does not apply if the primary purpose of the business or activity carried out on the licensed premises at any time is the sale or supply of liquor.

(2A) To remove any doubt, subsection (2) applies in relation to—

(a) an on-premises licence that specifies the kind of business or activity carried out on the licensed premises, and

(b) an on-premises licence that specifies the kind of licensed premises to which the licence relates.

(3) Subsections (1) and (2) do not apply if the premises to which the licence or proposed licence relates—

(a) are part of an airport, or

(b) are located on land occupied by a tertiary institution and cater for students of that institution.

(4) Subsections (1) and (2) are also subject to such exceptions as may be prescribed by the regulations.

s 22: Am 2014 No 76, Sch 1 [7]; 2020 No 40, Sch 4.1[16].

On-premises licence must specify business/activity or kind of licensed premises

23 On-premises licence must specify business/activity or kind of licensed premises

(1) An on-premises licence must specify the kind of business or activity carried out on the licensed premises or the kind of licensed premises to which the licence relates.

(2) Without limiting the kinds of businesses or activities (or the kinds of premises) in respect of which on-premises licences may be granted, an on-premises licence may be granted in respect of a public entertainment venue.

(3) More than one kind of business or activity or kind of premises may be specified in an on-premises licence. However, a separate on-premises licence is, except in the circumstances referred to in section 25(6), required for each set of premises.

(4) The licensed premises to which an on-premises licence relates may be described by reference to the kind of business or activity carried out on the premises or the kind of premises concerned.

Note.

For example, the terms “licensed restaurant” and “licensed public entertainment venue” are used in this Act to refer to premises in respect of which an on-premises licence relating to a restaurant or public entertainment venue, respectively, is granted.

(5) The business or activity, or the kind of premises, specified in an on-premises licence may, on application by the licensee, be varied by the Authority. Any such variation may include the addition of a specified business or activity, or a specified kind of premises, in respect of the licence.

(6) The authorisation conferred by an on-premises licence does not apply if—

(a) the business or activity carried out on the licensed premises is not the business or activity specified for the time being in the licence, or

(b) the licensed premises at any time do not comprise premises of the kind specified for the time being in the licence.

(7) The regulations may provide for requirements in relation to the business or activity carried out on licensed premises that are a licensed restaurant.

s 23: Am 2014 No 76, Sch 1 [7]; 2020 No 40, Sch 4.1[17].

On-premises licence—sale or supply of liquor must be with or ancillary to other product or service

24 On-premises licence—sale or supply of liquor must be with or ancillary to other product or service

(1) An on-premises licence authorises the sale or supply of liquor only if the liquor is sold or supplied for consumption on the licensed premises with, or ancillary to, another product or service that is sold, supplied or provided to people on the licensed premises.

(2) Regulations may limit products or services provided on licensed premises A product or service is not to be considered a product or service for the purposes of subsection (1) if it is, or is of a class, specified by the regulations for the purposes of this subsection.

(3) Authorisation to sell or supply liquor without other product or service Despite subsection (1), the Authority may, on application by the holder of an on-premises licence, endorse the licence with an authorisation that allows liquor to be sold or supplied for consumption on the licensed premises otherwise than with, or ancillary to, the other product or service referred to in that subsection.

Note.

Section 51 applies to any such authorisation.

(3A) However, the other product or service must be available on the licensed premises at all times while the authorisation operates to allow liquor to be sold or supplied otherwise than with, or ancillary to, the product or service.

(4) Subsection (1) does not apply if the premises to which the licence relates—

(a) are part of an airport, or

(b) are located on land occupied by a tertiary institution and cater for students of that institution, or

(c) are exempt from the primary purpose test referred to in section 22.

s 24: Am 2014 No 76, Sch 1 [8].

Authorisation conferred by on-premises licence (generally)

25 Authorisation conferred by on-premises licence (generally)

(1) An on-premises licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on the premises only.

(2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are during the standard trading period or at such other times as may be authorised by an extended trading authorisation.

(3) Restricted trading days Despite subsection (2), the times when liquor may be sold for consumption on the licensed premises on a restricted trading day are as follows—

(a) between midnight and 5 am on that day (but only if authorised by an extended trading authorisation),

(b) between 5 am and noon on that day (but only if authorised by an extended trading authorisation and only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises),

(c) between noon and 10 pm on that day (but only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises),

(d) between 10 pm and midnight on that day (but only if authorised by an extended trading authorisation and only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises).

Note.

Section 49(7) restricts the granting of an extended trading authorisation for licensed public entertainment venues on restricted trading days.

(4) Subsection (3) does not apply to—

(a) licensed premises that are part of an airport, or

(b) an on-premises licence that relates to a catering service.

(5) Trading on new year’s eve On 31 December in any year, liquor may be sold for consumption on the licensed premises from the start of the standard trading period for that day until 2 am on the next succeeding day. This subsection does not limit the operation of any extended trading authorisation that applies in relation to the licensed premises concerned.

(6) Trading on premises other than licensed premises An on-premises licence also authorises the licensee to sell liquor by retail on such premises and in such circumstances as the Authority may, on application by the licensee, authorise, but only for consumption on those premises and at such times as are specified by the Authority in the licence. Any such premises are, subject to the regulations, taken to be licensed premises for the purposes of this Act.

(7) The regulations may make provision for or with respect to the granting of an authorisation under subsection (6) (including limiting the circumstances for which such an authorisation may be granted by the Authority).

Note.

Section 51 also applies to an authorisation under subsection (6).

(8) Special provisions relating to licensed accommodation premises An on-premises licence that relates to accommodation premises also authorises the licensee to sell liquor by retail on the licensed premises—

(a) for consumption on the licensed premises only—at any time on any day (including a restricted trading day) to a resident (or a guest of a resident while in the resident’s company) or an employee of the licensee, and

(b) to a resident at any time for consumption away from the licensed premises, but only if—

(i) the sale is ancillary to the provision of a meal for consumption away from the licensed premises, and

(ii) the volume of liquor supplied to any such resident on any one day does not exceed 2 litres.

(9) Special provisions relating to licensed vessels Despite any other provision of this section, an on-premises licence that relates to a vessel authorises the licensee to sell liquor by retail to passengers on board the vessel, for consumption on board the vessel only—

(a) between the period commencing one hour before the vessel starts any voyage or passage and ending 30 minutes after the voyage or passage is completed, or

(b) at such other times, or in such other circumstances, as the Authority may, on application by the licensee, authorise.

Note.

Section 51 applies to an authorisation referred to in paragraph (b).

s 25: Am 2009 No 72, Sch 1 [6]–[8].

25A

Authorisation for restaurants and small bars to sell liquor for consumption away from licensed premises

25A Authorisation for restaurants and small bars to sell liquor for consumption away from licensed premises

(1) Despite section 25(1), the following licences authorise the licensee to sell liquor by retail on the licensed premises for consumption away from the licensed premises if the licence is, on application by the licensee, endorsed by the Authority with an authorisation under this section—

(a) an on-premises licence that relates to a restaurant,

(b) a small bar licence.

(2) The Authority may grant an application for an authorisation under subsection (1) only if the Authority is satisfied—

(a) the licensee has in place a system of controls to ensure liquor is not sold to minors or intoxicated persons, and

(b) if the licensee is offering same day delivery within the meaning of Part 6, Division 1B—the licensee will comply with that division.

(3) The Authority may, when granting the application for the authorisation, limit the trading hours during which a licensee may sell liquor for consumption away from the licensed premises.

(4) The times when liquor may be sold for consumption away from the licensed premises are—

(a) during the standard trading period, or

(b) at other times authorised by an extended trading authorisation.

(5) Despite subsection (4), liquor must not be sold for consumption away from the licensed premises—

(a) on a restricted trading day, or

(b) if the Authority limits the trading hours for a particular licence—by that licensee during the trading hours specified by the Authority.

(6) The regulations may provide for the following—

(a) matters relating to applications for, and the granting of, authorisations under this section, including the fees payable in relation to the applications,

(b) restrictions on the type and quantity of liquor that may be sold under authorisations.

s 25A: Ins 2023 No 53, Sch 2[10]. Am 2025 No 73, Sch 1[9].

Authorisation to sell liquor for consumption away from licensed premises in special circumstances

26 Authorisation to sell liquor for consumption away from licensed premises in special circumstances

(1) Despite section 25(1), liquor may be sold by retail on the licensed premises to which an on-premises licence relates for consumption away from the licensed premises if the licence is, on application by the licensee, endorsed by the Authority with an authorisation for the purposes of this section.

(2) An authorisation under this section does not authorise the sale of liquor on a restricted trading day.

(3) In granting an authorisation under this section, the Authority is to specify the circumstances in which, and the times when, liquor may be sold for consumption away from the licensed premises.

(3A) An authorisation must not authorise the sale of liquor for consumption away from the licensed premises—

(a) on a Sunday that does not fall on 24 or 31 December—after 11 pm, and

(b) on any other day—after midnight.

(4) The regulations may make provision for or with respect to the granting of an authorisation under this section (including limiting the circumstances for which such an authorisation may be granted by the Authority).

Note.

Section 51 applies to an authorisation under this section.

s 26: Am 2014 No 3, Sch 1 [7]; 2020 No 40, Sch 4.1[18].

Requirement to provide food on licensed premises

27 Requirement to provide food on licensed premises

(1) Liquor may only be sold or supplied on the licensed premises to which an on-premises licence relates if food of a nature and quantity consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied under the authorisation of the licence.

(2) If any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.

(3) Subsection (1) is subject to such exceptions as may be approved by the Authority in relation to any particular licensed premises.

s 27: Am 2014 No 76, Sch 1 [5].

Certain licensed premises must be open to general public

28 Certain licensed premises must be open to general public

(1) This section applies to an on-premises licence that relates to—

(a) a restaurant, or

(b) a public entertainment venue.

(2) The business carried out under an on-premises licence to which this section applies must not be, or include, a business that is limited to the sale or supply of liquor only—

(a) to persons who have been invited to use or attend the licensed premises, or

(b) to a particular class, or particular classes, of persons using or attending the licensed premises.

(2A) To avoid doubt, subsection (2)—

(a) does not prevent a restaurant or public entertainment venue to which an on-premises licence applies being closed to the general public because it has been booked for a private function including, for example, a wedding or party, but

(b) does not allow it to be closed to the general public for use as a members-only premises or club, or for other exclusive use on a recurrent basis.

(3) Subsection (2) is subject to such exceptions as may be approved by the Authority on a temporary basis in relation to any particular licensed premises or to such other exceptions as may be prescribed by the regulations. Also, subsection (2) does not apply to the extent that is necessary to comply with any other provision of this Act or with any other law.

s 28: Am 2020 No 40, Sch 4.1[19].

Division 5

Packaged liquor licences

Division 5 Packaged liquor licences

Authorisation conferred by packaged liquor licence

29 Authorisation conferred by packaged liquor licence

(1) Retail sales A packaged liquor licence authorises the licensee to sell liquor by retail in sealed containers on the licensed premises, for consumption away from the licensed premises only—

(a) during the standard trading period or such other period as may be authorised by an extended trading authorisation, or

(b) in the case of any Sunday that falls on 24 December—from 8 am (or such earlier time as may be authorised by an extended trading authorisation) to midnight on that day.

(2) No retail trading on restricted trading days Despite subsection (1), a packaged liquor licence does not authorise the licensee to sell liquor by retail on a restricted trading day.

(3) Selling liquor by wholesale or to employees A packaged liquor licence also authorises the licensee—

(a) to sell liquor by wholesale, at any time on the licensed premises, to persons authorised to sell liquor (whether by wholesale or by retail), and

(b) to sell or supply liquor, at any time on the licensed premises, to the employees of the licensee or of a related corporation of the licensee.

(3A) An extended trading authorisation must not authorise the sale of liquor for consumption away from the licensed premises—

(a) on a Sunday that does not fall on 24 or 31 December—after 11 pm, and

(b) on any other day—after midnight.

(4) Tastings A packaged liquor licence also authorises the licensee to sell or supply liquor, on the licensed premises and during the trading hours permitted by subsection (1), otherwise than in sealed containers to customers and intending customers for consumption while on the licensed premises, but only for the purposes of tasting.

s 29: Am 2014 No 3, Sch 1 [8] [9]; 2020 No 40, Sch 4.1[20] [21].

Liquor sales area required if bottle shop is part of another business activity

30 Liquor sales area required if bottle shop is part of another business activity

(1) If the primary purpose of the business carried out on the premises to which a packaged liquor licence relates is not the sale of liquor for consumption away from the licensed premises, liquor may only be sold under the licence in an area of the licensed premises (the liquor sales area) that is adequately separated from those parts of the premises in which other activities are carried out.

(2) The principal activity carried out in any such liquor sales area must be the sale or supply of liquor for consumption away from the licensed premises.

Restrictions on granting packaged liquor licences

31 Restrictions on granting packaged liquor licences

(1) A packaged liquor licence must not be granted for premises that comprise a general store unless the Authority is satisfied that—

(a) in the neighbourhood of the premises concerned, no other take-away liquor service is reasonably available to the public, and

(b) the grant of the licence would not encourage drink-driving or other liquor-related harm.

(2) A packaged liquor licence must not be granted for premises comprising a service station or take-away food shop.

(3) In this section—

general store means a convenience store, mixed business shop, corner shop or milk bar that has a retail floor area of not more than 240 square metres and that is used primarily for the retail sale of groceries or associated small items.

service station means premises that are used primarily for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products.

take-away food shop means premises that are used primarily for the preparation and sale of food for immediate consumption away from the premises (whether or not food is also consumed on the premises).

Division 6

Producer/wholesaler licences

Division 6 Producer/wholesaler licences

Wholesale suppliers of liquor

32 Wholesale suppliers of liquor

A producer/wholesaler licence authorises the licensee, if the licensee carries on business as a wholesale supplier of liquor—

(a) to sell liquor by wholesale, at any time on the licensed premises, to persons authorised to sell liquor (whether by wholesale or by retail), and

(b) to sell or supply liquor, at any time on the licensed premises—

(i) to the employees of the licensee or of a related corporation of the licensee, and

(ii) to customers and intending customers for consumption while on the licensed premises, but only for the purposes of tasting.

Producers—authorisation conferred by licence

33 Producers—authorisation conferred by licence

(1) A producer/wholesaler licence authorises the licensee, if the licensee carries on business as a wine producer, as a producer of cider, perry or mead, as a producer of beer or spirits or as a primary producer—

(a) to sell the licensee’s product by wholesale, at any time on the licensed premises, to persons authorised to sell liquor (whether by wholesale or by retail), and

(b) to sell the licensee’s product by retail on the licensed premises, for consumption away from the licensed premises only and only if it is supplied in sealed containers, on any day of the week during the standard trading period for that day or during such other period as may be authorised by an extended trading authorisation, and

(c) to sell or supply the licensee’s product, at any time on the licensed premises, to customers or intending customers for consumption while on the licensed premises, but only for the purposes of tasting, and

(d) to sell or supply the licensee’s product at an industry show, but only if the local police and the Authority have been notified, in accordance with the regulations, about the industry show by the organiser of the show at least 7 days before it is held, and

(e) to sell or supply the licensee’s product at a producers’ market or fair, but only if the local police and the Authority have been notified, in accordance with the regulations, about the market or fair by the organiser of the market or fair at least 7 days before it is held, and

(f) to sell or supply the licensee’s product at any time on the licensed premises to the employees of the licensee or of a related corporation of the licensee, and

(g) to sell or supply liquor in accordance with a drink on-premises authorisation.

Note.

See section 50(2) for trading hours in relation to drink on-premises authorisations.

(2) The authorisation conferred by subsection (1) does not apply unless the primary purpose of the business or activity carried out on the licensed premises is the sale or supply of wine, or the sale or supply of cider, perry or mead, or the sale or supply of beer or spirits, that is the licensee’s product.

(3) For the purposes of this section, a product is the licensee’s product if—

(a) in the case of wine or cider, perry or mead—it has been produced on the licensed premises (or a vineyard related to the licensed premises) from fruit grown or honey produced on the licensed premises or vineyard, or

(b) in the case only of wine—it is uniquely the licensee’s (or a related corporation of the licensee’s) own product, but only if that product contains not less than a percentage of wine, as prescribed by the regulations, that has been produced—

(i) by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises or a vineyard related to the licensed premises, or

(ii) on the licensee’s behalf from fruit grown on the licensed premises or a vineyard related to the licensed premises, or

(c) in the case only of cider, perry or mead—it is uniquely the licensee’s (or a related corporation of the licensee’s) own product that has been produced—

(i) by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises, or

(ii) on the licensee’s behalf from fruit grown or honey produced by the licensee, or

(d) for beer or spirits—it is uniquely the licensee’s own product, or the own product of a related corporation of the licensee, and—

(i) the product has been produced on the licensed premises, or

(ii) the licensee has a financial interest in the production, including if the product has been produced by or under the direction of the licensee or a related corporation of the licensee, and the licensee or related corporation has assumed the financial risk of the production, or

(e) the liquor product is uniquely the licensee’s own product because—

(i) the licensee is a primary producer, and

(ii) the plants, fungi or other products, or part of the products, produced by the licensee are a characteristic ingredient of the liquor product.

Example—

a truffle manufacturer who uses truffles grown by the manufacturer to blend with a spirit distilled by another person to create a unique truffle spirit that is the truffle manufacturer’s own product

(4) For the purposes of subsection (3), a vineyard is related to licensed premises if it—

(a) is operated by the licensee (or a related corporation of the licensee), and

(b) is within 500 metres of the licensed premises.

(5) In this section—

industry show means a wine, beer, spirits or other liquor show at which liquor products are promoted and that is held by an industry association.

primary producer means a person who cultivates—

(a) plants or fungi, or

(b) the products or parts of plants or fungi.

producers’ market or fair means an event primarily held to promote and sell produce from—

(a) the hospitality industry, or

(b) a particular region.

s 33: Am 2008 No 62, Sch 1.13 [1] [2]; 2009 No 72, Sch 1 [9]–[12]; 2014 No 76, Sch 1 [9]–[17]; 2023 No 53, Sch 2[11]–[13].

34

34 (Repealed)

Producers—miscellaneous provisions

35 Producers—miscellaneous provisions

(1) This section applies in relation to a producer/wholesaler licence under which the licensee carries on business as a wine producer, as a producer of cider, perry or mead or as a producer of beer or spirits.

(2) Multiple premises—wine producers Despite any other provision of this Act, the licensed premises to which a producer/wholesaler licence relates may, in the case of a wine producer only, comprise more than one set of premises, but only if—

(a) each set of premises is operated by the licensee, and

(b) the premises are all located in the same wine region (as determined in accordance with the regulations).

(2A) Multiple premises—producers of cider, perry, mead, beer or spirits Despite any other provision of this Act, the licensed premises to which a producer/wholesaler licence relates may, for a producer of cider, perry or mead or for a producer of beer or spirits, comprise more than one set of premises, but only if—

(a) each set of premises is operated by the licensee, and

(b) the premises are within—

(i) 10km of each other, if any of the premises are in a metropolitan area, or

(ii) 20km of each other, if any of the premises are in a non-metropolitan area.

(3) Industry shows Liquor may only be sold or supplied by the licensee at an industry show in accordance with section 33(1)(d)—

(a) to customers or intending customers for consumption at the licensee’s display area, but only for the purposes of tasting, or

(b) in sealed containers for consumption away from the industry show.

(4) Producers’ markets or fairs Liquor may only be sold or supplied by the licensee at a producers’ market or fair in accordance with section 33(1)(e)—

(a) to customers or intending customers for consumption at the licensee’s stall, but only for the purposes of tasting, and

(b) in sealed containers for consumption away from the market or fair.

(5) Liquor must not be sold or supplied by the licensee at any such industry show, or at any such market or fair, to a person who is intoxicated.

(6) (Repealed)

s 35: Am 2009 No 72, Sch 1 [17]; 2014 No 76, Sch 1 [12] [13] [19]–[22]; 2023 No 53, Sch 2[14]–[16]; 2025 No 73, Sch 1[10].

Division 7

Limited licences

Division 7 Limited licences

Authorisation conferred by limited licence

36 Authorisation conferred by limited licence

(1) General scope of limited licence A limited licence authorises the licensee to sell or supply liquor on the licensed premises—

(a) in the case of a licence granted on behalf of a non-proprietary association—

(i) for consumption on the licensed premises only, and

(ii) only as part of, or in connection with, a function held in accordance with this Division, and

(b) in the case of a licence granted in respect of a function that is a trade fair—for consumption on or away from the licensed premises.

(2) Sale or supply of liquor must be ancillary to purpose of function The authorisation conferred by a limited licence does not apply unless the sale or supply of liquor at any function held under the licence is ancillary to the purpose for which the function is held.

(3) Maximum number of functions per year The number of functions held under a limited licence is not to exceed 52 per year or such other number as the Authority considers appropriate in any particular case. This subsection does not apply in relation to a function referred to in subsection (5) or (6).

(4) Notification requirements Liquor may only be sold or supplied under a limited licence at a function if notice, in the form and manner approved by the Secretary, of the function has been given to the local police at least 14 days before it is held. This subsection does not apply in relation to a function referred to in subsection (5) or (6).

(5) Social functions held on premises of surf life saving clubs In the case of a limited licence held on behalf of a surf life saving club, the licence also authorises the sale or supply of liquor at any gathering (referred to in this Division as a club social function) of the members of the club and their guests that—

(a) has been organised by the club, and

(b) is held on any Saturday, Sunday or public holiday (other than a restricted trading day) in connection with, or following, an activity associated with the conduct or administration of surf life saving,

but only if notice has, at least 14 days before the day of the club social function, been given to the local police and the local council in whose area the function is to be held.

(6) Special functions held on race days In the case of a limited licence held on behalf of a racing club, the licence also authorises liquor to be sold or supplied at functions held on any day on which—

(a) the racing club holds race meetings or operates a betting auditorium authorised under section 24 of the Betting and Racing Act 1998, or

(b) betting authorised by section 8(6)(f) of the Unlawful Gambling Act 1998 takes place at premises occupied by the racing club.

(7) This section does not apply in relation to a limited licence granted under section 39 in respect of a special event.

s 36: Am 2014 No 76, Sch 1 [23] [24]; 2017 No 22, Sch 2.24.

Limited licence—general provisions

37 Limited licence—general provisions

(1) Except in the case of a limited licence granted under section 39 in respect of a special event, a limited licence may only be granted to—

(a) an individual on behalf of a non-proprietary association, or

(b) an individual in respect of a trade fair.

Note.

A non-proprietary association includes a registered club or any other club.

(2) The Authority may grant a limited licence authorising the sale or supply of liquor on the licensed premises only if the Authority is satisfied that the licence will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(3) A limited licence is not to be granted if the Authority is of the opinion that the sale or supply of liquor under the licence would more appropriately be provided under another kind of licence.

Limited licence—miscellaneous conditions

38 Limited licence—miscellaneous conditions

(1) How and when liquor may be sold or supplied Liquor may only be sold or supplied on the licensed premises to which a limited licence relates—

(a) by way of opened cans, opened bottles or other opened containers (except in the case of a trade fair in respect of which consumption away from the licensed premises is authorised), and

(b) at such times as are specified by the Authority in the licence (except in the case of club social functions held by a surf life saving club).

Note.

Subsection (4) deals with the trading hours for club social functions held by surf life saving clubs.

(2) The trading hours for licensed premises to which a limited licence relates cannot include the time between 3 am and 6 am.

(3) Supervision requirements Liquor may only be sold or supplied on the licensed premises to which a limited licence relates if—

(a) the licensee is present on those premises at all times when liquor is being provided under the licence (except when a person referred to in paragraph (b) is present in the circumstances referred to in that paragraph), or

(b) a person nominated by the licensee as the person in charge of the sale and supply of liquor at the function or event is present on the premises at any time when the licensee cannot be present on those premises.

(4) Surf life saving clubs—club social functions In the case of a limited licence held on behalf of a surf life saving club, liquor may only be sold or supplied at a club social function in accordance with the following requirements—

(a) the function must be held on the club’s premises (and if the club has several premises, only on its principal premises) and the only participants must be members of the club and their guests,

(b) the licensee must ensure that a register, in which such details as the Authority may require concerning any such function are recorded, is kept on the premises,

(c) the function must have been approved by resolution recorded in the records of the governing body of the club,

(d) food of a nature and quantity consistent with the responsible sale, supply and service of alcohol must be made available whenever liquor is made available at the function,

(e) liquor must not be made available at the function at any time before 12 noon or after 10 pm on the day on which the function is held,

(f) liquor must not be made available at the function for a period of more than 4 hours,

(g) a member of the club who is an adult and who is not intoxicated must be present in the immediate vicinity of the bar area at all times that minors are present at the function,

(h) police officers and inspectors are to be permitted full and free access to the premises where the function is held, and to the register referred to in paragraph (b), at all times while the function is being held.

(4A) If, for the purposes of subsection (4)(d), any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.

(5) This section does not apply in relation to a limited licence granted under section 39 in respect of a special event.

s 38: Am 2014 No 76, Sch 1 [26]; 2014 No 76, Sch 1 [25].

Limited licence for special event

39 Limited licence for special event

(1) The Authority may grant a limited licence that authorises the licensee to sell or supply liquor only—

(a) for consumption on the premises specified in the licence, and

(b) on a day or days specified in the licence (being a day or days during which a special event is held).

(2) The times when liquor may be sold or supplied under the licence are to be specified in the licence.

(3) The authorisation conferred by a limited licence does not apply unless the sale or supply of liquor under the licence is ancillary to the special event in respect of which the licence is granted.

(4) In this section—

special event means an event that—

(a) is of an infrequent or temporary nature, and

(b) in the Authority’s opinion—

(i) is genuine, and

(ii) the holding of which is in the public interest, having regard to the objects of this Act.

s 39: Am 2023 No 53, Sch 2[17].

Part 4

Licensing procedures and related matters

Part 4 Licensing procedures and related matters

Licence applications

40 Licence applications

(1) Licence applications are to be made to the Authority.

(2) An application for a licence may be made by—

(a) an individual, or

(b) a corporation, or

(c) in the case of a club licence—a club (or a person on behalf of a club) that meets the requirements specified in section 10(1) of the Registered Clubs Act 1976.

(3) An application for a licence may not be made by—

(a) an individual who is under the age of 18 years, or

(b) a person who is disqualified from holding a licence or who holds a suspended licence, or

(c) an individual who is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012.

Note.

Controlled members are prohibited from applying for licences—see section 27 of the Crimes (Criminal Organisations Control) Act 2012.

(4) An application for a licence must—

(a) be in the form and manner approved by the Authority, and

(b) be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and

(c) be advertised in accordance with the regulations, and

(d) comply with such other requirements as may be approved by the Authority or prescribed by the regulations.

(5) If, before an application for a licence is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including any information provided in accordance with this subsection), the applicant must immediately notify the Authority of the particulars of the change.

s 40: Am 2009 No 23, Sch 3.3 [2]; 2012 No 9, Sch 1.6 [2]; 2018 No 7, Sch 1.9 [2]; 2023 No 53, Sch 2[18].

Statement as to interested parties

41 Statement as to interested parties

(1) An application for a licence must be accompanied by a written statement, made by a person having knowledge of the facts, specifying—

(a) that the person has made all reasonable inquiries to ascertain the information required to complete the statement, and

(b) whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and

(c) if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.

(2) For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive—

(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or

(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.

(3) The regulations may provide exceptions to this section.

Investigations, inquiries and referrals in relation to licence applications

42 Investigations, inquiries and referrals in relation to licence applications

(1) If the Authority receives an application for a licence, the Authority—

(a) may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application, and

(b) is to refer the application to the Secretary (unless the regulations otherwise provide).

(2) The Secretary is to inquire into, and to report to the Authority on, such matters in relation to the application as the Authority may request.

(3) For the purposes of subsection (2), the Secretary may carry out such investigations and inquiries in relation to the application as the Secretary considers necessary.

(4) In particular, the Secretary may refer to the Commissioner of Police details of the application together with any supporting information in relation to the application that the Secretary considers to be appropriate for referral to the Commissioner.

(5) The Commissioner of Police may inquire into, and report to the Secretary on, such matters concerning the application as the Secretary may request.

Authority or Secretary may require further information

43 Authority or Secretary may require further information

(1) The Authority or the Secretary may, by notice in writing, require a person who has applied to the Authority for a licence, or a close associate of any such person, to do one or more of the following things—

(a) provide, in accordance with directions in the notice, such information as, in the opinion of the Authority or the Secretary, is relevant to the investigation of the application and is specified in the notice,

(b) produce, in accordance with directions in the notice, such records as, in the opinion of the Authority or the Secretary, are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,

(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),

(d) furnish to the Authority or the Secretary such authorisations and consents as the Authority or the Secretary requires for the purpose of enabling the Authority or the Secretary to obtain information (including financial and other confidential information) from other persons concerning the person and the person’s associates.

(2) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

(3) The Authority may refuse to determine an application if a requirement made under this section in relation to the application is not complied with.

Submissions to Authority in relation to licence applications

44 Submissions to Authority in relation to licence applications

(1) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for a licence.

(2) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the licence.

(3) If a contract or other agreement purports to extinguish the right of a person to make a submission under subsection (1), the contract or other agreement is, to the extent of the purported extinguishment, void.

s 44: Am 2023 No 53, Sch 2[19].

Decision of Authority in relation to licence applications

45 Decision of Authority in relation to licence applications

(1) The Authority may, after considering an application for a licence and any submissions received by the Authority in relation to the application, grant the licence or refuse to grant the licence. The Authority may determine the application whether or not the Secretary has provided a report in relation to the application.

(2) The Authority may, in such circumstances as the Authority considers appropriate, treat an application for a licence as having been withdrawn.

(3) The Authority must not grant a licence unless the Authority is satisfied that—

(a) the applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, and

(b) practices will be in place at the licensed premises as soon as the licence is granted that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place, and

(c) if development consent is required under the Environmental Planning and Assessment Act 1979 (or approval under Part 3A or Part 5.1 of that Act is required) to use the premises for the purposes of the business or activity to which the proposed licence relates—that development consent or approval is in force.

Note.

Section 72I also requires the Authority to be satisfied of certain other matters before granting a hotel, club or packaged liquor licence.

(4) The regulations may also provide mandatory or discretionary grounds for refusing the granting of a licence.

(5) Without limiting subsection (3)(a), a person is not a fit and proper person to carry on the business or activity to which a proposed licence relates if the Authority has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the person—

(a) that the person—

(i) is a member of, or

(ii) is a close associate of, or

(iii) regularly associates with one or more members of,

a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and

(b) that the nature and circumstances of the person’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the person is granted a licence.

(5A) Without limiting subsection (3)(a), in determining whether an applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, the Authority is to consider whether the applicant—

(a) is of good repute, having regard to character, honesty and integrity, and

(b) is competent to carry on that business or activity.

(6) The Authority is not, under this or any other Act or law, required to give any reasons for not granting a licence because of subsection (5) to the extent that the giving of those reasons would disclose any criminal intelligence.

(7) In deciding whether or not to grant a licence, the Authority must consider whether, if the licence were granted, it would provide employment in, or other opportunities for, any of the following—

(a) the live music industry,

(b) the arts sector,

(c) the tourism sector,

(d) the community or cultural sector.

s 45: Am 2009 No 23, Sch 3.3 [3]; 2011 No 22, Sch 2.12; 2012 No 9, Sch 1.6 [2]; 2014 No 76, Sch 1 [27]; 2020 No 40, Sch 4.1[22]; 2025 No 73, Sch 1[3].

Duration of licences

46 Duration of licences

(1) Except during any period of suspension, a licence continues to be in force until such time as it is surrendered to the Authority, cancelled or otherwise ceases to be in force or, in the case of a licence that is granted for a specified term, when that term expires.

(2) A licence may be surrendered only in accordance with such arrangements as may be approved by the Authority.

46A

Voluntary suspension of licence

46A Voluntary suspension of licence

(1) A licensee may apply to the Authority to have the licence suspended by the Authority for a specified period.

(2) An application for the suspension of a licence must—

(a) be in the form and manner approved by the Authority, and

(b) specify the period that the licensee is seeking to have the licence suspended, and

(c) specify the reasons for the proposed suspension, and

(d) be accompanied by such fee as may be prescribed by the regulations.

(3) The Authority may, if the Authority is satisfied that the suspension of the licence is reasonable in the circumstances, suspend the licence, by notice in writing to the licensee, for the period specified in the notice.

Note.

A licence may also be suspended by or under section 58B or 61(5A), Part 9 or 9A or by a court under section 148.

(4) The Authority may, on application by a licensee and on payment of such fee as may be prescribed by the regulations, vary or revoke the suspension of a licence under this section.

s 46A: Ins 2014 No 76, Sch 1 [28]. Am 2020 No 40, Sch 1.1[3].

Granting of licence

47 Granting of licence

(1) The regulations may prescribe, or provide for the determination of, a fee for the granting of a licence. If any such fee is prescribed or determined, the licence does not take effect unless the fee has been paid.

(2) The Authority may, in granting a licence, specify requirements that are to be complied with before the licence takes effect. The licence does not take effect until such time as any such requirements have been complied with.

(3) A licence is to be in the form approved by the Authority.

Division 1A

Licence conditions

Division 1A Licence conditions

pt 4, div 1A, hdg: Ins 2009 No 66, Sch 1 [1]. Am 2017 No 20, Sch 1 [6]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[11].

pt 4, div 1A: Ins 2009 No 66, Sch 1 [1]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[11].

pt.4-div.1A-sdiv.1

Powers of Authority

pt.4-div.1A-sdiv.1 Powers of Authority

Subdivision 1 Powers of Authority

pt 4, div 1A, sdiv 1, hdg: Ins 2025 No 73, Sch 1[11].

47A

Authority may impose special licence conditions

47A Authority may impose special licence conditions

(1) Conditions relating to harm minimisation The Authority may impose conditions on a licence prohibiting or restricting activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).

(2) Conditions relating to serving of liquor The Authority may impose conditions on a licence requiring a licensee, in specified circumstances—

(a) to cease to serve liquor on the licensed premises, or

(b) to restrict access to the licensed premises in a manner and to the extent provided by the conditions,

or both, from a time of day that is earlier than the time at which, as otherwise required by the licence, trading must cease.

(3) Conditions relating to local liquor accords The Authority may impose conditions on a licence requiring the licensee to participate in, and to comply with, a local liquor accord.

s 47A: Ins 2009 No 66, Sch 1 [1]. Am 2010 No 36, Sch 1 [3]; 2012 No 91, Sch 1 [3]–[5]; 2014 No 3, Sch 1 [10] [11]; 2014 No 76, Sch 1 [12]; 2017 No 20, Sch 1 [7]. Rep 2020 No 40, Sch 2.1[2].

s 47A (previously s 52): Renumbered 2025 No 73, Sch 1[12]. Am 2025 No 73, Sch 1[13].

s 47AA: Ins 2012 No 91, Sch 1 [6]. Subst 2013 No 5, Sch 1 [7]. Rep 2020 No 40, Sch 2.1[2].

s 47AB: Ins 2014 No 3, Sch 1 [12]. Am 2017 No 20, Sch 1 [8]. Rep 2020 No 40, Sch 2.1[2].

47B

Authority may impose, vary or revoke licence conditions

47B Authority may impose, vary or revoke licence conditions

(1) Without limiting any other provision of this Act, the Authority may at any time—

(a) on application by the Secretary or the Commissioner of Police, or

(b) on the Authority’s own initiative,

impose conditions on a licence.

(1A) The conditions that may be imposed by the Authority on a licence under this section include, but are not limited to, conditions—

(a) prohibiting the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both), and

(b) restricting the trading hours of, and public access to, the licensed premises.

(2) The Authority may at any time—

(a) on application by the licensee, the Secretary or the Commissioner of Police, or

(b) on the Authority’s own initiative,

vary or revoke a condition of a licence that has been imposed (or taken to have been imposed) by the Authority under this Act.

(3) An application under subsection (1) or (2) must—

(a) be in the form and manner approved by the Authority, and

(b) in the case of an application by a licensee—be accompanied by the fee prescribed by the regulations, and

(c) be accompanied by such information and particulars as may be prescribed by the regulations, and

(d) if required by the regulations to be advertised—be advertised in accordance with the regulations, and

(e) comply with such other requirements as may be approved by the Authority or prescribed by the regulations.

(4) (Repealed)

(5) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application under this section to vary or revoke a condition to which a licence is subject.

(6) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to vary or revoke the licence condition.

(7) If a contract or other agreement purports to extinguish the right of a person to make a submission to the Authority under subsection (5), the contract or other agreement is, to the extent of the purported extinguishment, void.

s 47B: Ins 2009 No 66, Sch 1 [1]. Am 2017 No 20, Sch 1 [9]. Rep 2020 No 40, Sch 2.1[2].

s 47B (previously s 53): Renumbered 2025 No 73, Sch 1[12].

pt.4-div.1A-sdiv.2

Powers of Secretary

pt.4-div.1A-sdiv.2 Powers of Secretary

Subdivision 2 Powers of Secretary

pt 4, div 1A, sdiv 2: Ins 2025 No 73, Sch 1[14].

47C

Basis for Secretary exercising functions

47C Basis for Secretary exercising functions

(1) The Secretary may exercise the Secretary’s function of imposing conditions under this subdivision—

(a) on the Secretary’s own initiative, or

(b) for a condition imposed under section 47E(3)(c)—only on application by the licensee.

(2) The Secretary may exercise the Secretary’s function of varying or revoking conditions under this subdivision—

(a) on the Secretary’s own initiative, or

(b) on application by—

(i) a licensee, or

(ii) the Commissioner of Police.

s 47C: Ins 2009 No 66, Sch 1 [1]. Subst 2017 No 20, Sch 1 [10]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[14].

47D

Applications

47D Applications

(1) An application under this subdivision by a licensee must—

(a) be made in the way and form approved by the Secretary, and

(b) be accompanied by the application fee prescribed by the regulations, and

(c) comply with the requirements approved by the Secretary or prescribed by the regulations.

(2) The regulations may impose requirements about applications under this subdivision, including—

(a) the information or particulars that must accompany an application, or

(b) the advertising of an application, or

(c) the waiver, remittance or postponement of application fees.

s 47D: Ins 2009 No 66, Sch 1 [1]. Am 2017 No 20, Sch 1 [11] [12]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[14].

47E

Imposition of licence conditions

47E Imposition of licence conditions

(1) The Secretary may impose conditions on a licence under this subdivision for the reasons, or in the circumstances, the Secretary considers necessary or appropriate.

(2) The Secretary must not impose a condition if the condition is inconsistent with a condition—

(a) imposed, or taken to be imposed, by the Authority, or

(b) imposed by this Act or the regulations.

(3) The conditions that may be imposed include the following—

(a) conditions prohibiting the sale or supply of liquor on the licensed premises before 10am or after 11pm, or both,

(b) conditions restricting the trading hours of, and public access to, the licensed premises,

(c) for licensed premises in a prescribed precinct—conditions of the kind imposed on a licence under section 116I.

(4) The Secretary must not impose a condition as a replacement for the following revoked conditions unless the Secretary is satisfied that the condition is necessary to mitigate the harm that may be caused by the revocation of the revoked condition—

(a) a relevant condition referred to in section 47F(2)(c)–(f) that is revoked under section 47F,

(b) a condition revoked under 47G.

s 47E: Ins 2009 No 66, Sch 1 [1]. Am 2017 No 20, Sch 1 [13]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[14].

47F

Variation or revocation of licence conditions

47F Variation or revocation of licence conditions

(1) The Secretary may vary or revoke a condition of a licence at any time if—

(a) the condition has been imposed by the Secretary under this Act, or

(b) the condition is a relevant condition that has been imposed, or is taken to have been imposed—

(i) by the Authority, and

(2) The following conditions are relevant conditions—

(a) conditions relating to the trading hours of licensed premises,

(b) conditions relating to licensed premises situated wholly or partly in—

(i) a prescribed precinct, or

(ii) a precinct to which a precinct liquor accord applies, or

(iii) an area to which a community event liquor accord applies,

s 47F: Ins 2009 No 66, Sch 1 [1]. Am 2017 No 20, Sch 1 [14]–[16]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[14].

s 47G: Ins 2009 No 66, Sch 1 [1]. Am 2017 No 20, Sch 1 [14] [17]. Rep 2020 No 40, Sch 2.1[2].

47H

Powers may also be exercised for authorisations

47H Powers may also be exercised for authorisations

The power of the Secretary to impose, vary or revoke a condition of a licence under this subdivision extends to a condition of an authorisation if—

(a) the authorisation is held in relation to the licence, and

(b) section 51 applies to the authorisation.

s 47H: Ins 2009 No 66, Sch 1 [1]. Am 2011 No 72, Sch 2 [8]; 2017 No 20, Sch 1 [18]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[14].

47I

Limitation on Secretary’s powers under subdivision

47I Limitation on Secretary’s powers under subdivision

(1) This subdivision does not authorise the Secretary to vary or revoke a condition—

(a) imposed, or taken to be imposed, by the Authority, or

(b) imposed by this Act or the regulations.

(2) This section does not apply to—

(a) the imposition of a condition referred to in section 47E(2)(a) or (b), or

(b) the variation or revocation of a condition in accordance with section 47F or 47G.

s 47I: Ins 2009 No 66, Sch 1 [1]. Am 2014 No 3, Sch 1 [13]; 2017 No 20, Sch 1 [19] [20]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[14].

pt.4-div.1A-sdiv.3

Miscellaneous

pt.4-div.1A-sdiv.3 Miscellaneous

Subdivision 3 Miscellaneous

pt 4, div 1A, sdiv 3: Ins 2025 No 73, Sch 1[14].

47J

Natural justice for licensee

47J Natural justice for licensee

(1) This section applies to a decision of the Secretary or the Authority under this division—

(a) to impose a condition on a licence after it has been granted, or

(b) to vary or revoke a condition of a licence.

(2) This section does not apply if the licensee applied for the imposition, variation or revocation of the condition.

(3) The Secretary or Authority must not make the decision unless the Secretary or Authority has—

(a) given the licensee a reasonable opportunity to make submissions about the proposed decision, and

(b) taken submissions made into consideration before making the decision.

s 47J: Ins 2009 No 66, Sch 1 [1]. Am 2017 No 20, Sch 1 [21]; 2018 No 25, Sch 5.24 [1]. Rep 2020 No 40, Sch 2.1[2]. Ins 2025 No 73, Sch 1[14].

47K

Conditions may be temporary

47K Conditions may be temporary

(1) The Secretary or Authority, when imposing a condition on a licence, must consider whether the condition should be imposed on a permanent or temporary basis.

(2) If a condition is imposed on a temporary basis (a temporary condition), it may be set to end—

(a) on a specified date (the end date), or

(b) when specified criteria (eligibility criteria) are met by the licensee.

(3) A date may be specified for when a particular eligibility criteria must be met and a failure to meet the eligibility criteria by that date is a breach of the temporary condition.

(4) The end date or eligibility criteria for a temporary condition may be varied or revoked under this division in the same way as the temporary condition may be varied or revoked.

(5) If the end date or eligibility criteria for a temporary condition is revoked before the temporary condition ends, the temporary condition becomes a permanent condition.

(6) An application by a licensee to vary or revoke an end date or the eligibility criteria for a temporary condition must—

(a) be made in the way and form approved by the regulator, and

(b) be accompanied by the application fee prescribed by the regulations, and

(c) comply with the requirements approved by the regulator or prescribed by the regulations.

(7) The regulations may impose requirements about applications under this section, including—

(a) the information or particulars that must accompany an application, or

(b) the advertising of an application, or

(c) the waiver, remittance or postponement of application fees.

(8) In this section—

regulator means—

(a) for an application made to the Authority—the Authority, or

(b) for an application made to the Secretary—the Secretary.

s 47K: Ins 2025 No 73, Sch 1[14].

47L

Certain conditions about music and sound repealed

47L Certain conditions about music and sound repealed

(1) This section applies to a condition of a licence if—

(a) the condition—

(i) prohibits or restricts live music or other entertainment, or

(ii) imposes sound limits or acoustic restrictions, and

(b) the condition was imposed more than 3 years before the commencement of this section, and

(c) the condition was imposed by the Secretary or the Authority.

(2) The condition is revoked and has no effect.

(3) The Secretary may impose a condition on the licence under Subdivision 2 in similar terms to the revoked condition.

(4) The Secretary must not impose the condition unless the Secretary is satisfied sufficient grounds exist for imposing the condition.

(5) A way in which the Secretary may be satisfied sufficient grounds exist is if the Secretary reasonably believes—

(a) noise may be emitted from the licensed premises, and

(b) the noise will unreasonably disturb persons who reside near the licensed premises.

(6) This section is repealed on the day that is 3 years after the day on which this section commences.

s 47L: Ins 2025 No 73, Sch 1[14].

48

(Renumbered as section 72I)

s 48: Am 2009 No 72, Sch 1 [18]; 2011 No 72, Sch 2 [9]; 2013 No 5, Sch 1 [8]–[10]; 2013 No 76, Sch 1 [4]; 2014 No 76, Sch 1 [29]; 2015 No 15, Sch 1.17 [1]; 2020 No 40, Schs 2.1[3], 4.1[23]–[26]. Subst 2023 No 53, Sch 2[20]. Renumbered as sec 72I, 2025 No 73, Sch 1[28].

Extended trading authorisation—general provisions

49 Extended trading authorisation—general provisions

(1) Application of section This section applies in relation to the following types of licences (referred to in this section as a relevant licence)—

(a) a hotel licence,

(b) a club licence,

(c) an on-premises licence (other than an on-premises licence that relates to a vessel),

(d) a packaged liquor licence,

(e) a producer/wholesaler licence.

(2) Extended trading authorisation for consumption on premises The Authority may authorise a licensee to sell or supply liquor for consumption on licensed premises during a specified period between midnight and 5am on any day if—

(a) the licence authorises the sale or supply of liquor for consumption on the licensed premises, and

(b) the licence is not a packaged liquor licence, and

(c) the licensee applies to the Authority for the authorisation.

(2A) Without limiting subsection (2), the Authority may, in the case of an on-premises licence, authorise the licensee, on application by the licensee, to sell or supply liquor for consumption on the licensed premises during any of the following periods—

(a) a specified period between 5 am and noon on a restricted trading day,

(b) a specified period between 10 pm and midnight on a restricted trading day.

Note.

The sale of liquor at these times is subject to the requirement that a meal is also served—see section 25(3).

(3) Without limiting subsection (2), the Authority may, for an extended trading authorisation for a hotel licence, grant the authorisation if—

(a) live music performances or other arts and cultural events are offered as part of the regular business of the licensed premises, and

(b) the licensee provides evidence that relevant events, within the meaning of Part 7A, Division 2, are held at the licensed premises on average—

(i) for licensed premises in the metropolitan area—at least 10 times in each month, or

(ii) for licensed premises in a non-metropolitan area—at least 2 times in each week, and

(c) gaming machines are not in operation on the licensed premises.

(4) Extended trading authorisation for take-away sales on Sundays In the case of a relevant licence (including a packaged liquor licence) that authorises the sale or supply of liquor for consumption away from the licensed premises, the Authority may, on application by the licensee, authorise the licensee to sell or supply liquor, for consumption away from the licensed premises only, during either or both of the following—

(a) a specified period between 5 am and 10 am on a Sunday,

(b) a specified period between 10 pm and 11 pm on a Sunday.

(5) Nature of extended trading authorisation An extended trading authorisation operates to authorise the sale or supply of liquor on the licensed premises—

(a) on a regular basis (until such time as the authorisation is varied or revoked by the Authority), or

(b) if the authorisation so provides—on a special occasion that takes place on a specified date, or

(c) if the authorisation so provides—on up to 12 separate occasions in any period of 12 months.

(5A) Despite subsection (2)(a), the Authority may, in the case of a hotel licence, authorise the licensee, on application by the licensee, to sell or supply liquor for consumption on the licensed premises during a specified period between midnight on a Sunday and 5 am on a Monday, but only on or in connection with a special occasion that takes place on a specified date.

(6) Extended trading period to be specified In granting an extended trading authorisation, the Authority is to specify—

(a) the extended trading hours during which the licensee is authorised to sell or supply liquor, and

(b) the part or parts of the licensed premises to which the authorisation applies.

(7) Extended trading not permitted on or in relation to restricted trading days—hotels and licensed public entertainment venues Despite any other provision of this section, an extended trading authorisation cannot, in the case of a hotel licence or an on-premises licence that relates to a public entertainment venue (other than a cinema or a theatre), be granted to authorise the sale or supply of liquor for consumption on the licensed premises during any of the following periods—

(a) between 5 am and noon on a restricted trading day,

(b) between 10 pm and midnight on a restricted trading day,

(c) between midnight and 5 am on any day immediately following a restricted trading day.

(8) Restrictions on granting extended trading authorisation The Authority must not grant an extended trading authorisation in respect of licensed premises unless the Authority is satisfied that—

(a) practices are in place, and will remain in place, at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and

(b) the extended trading period will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(9) For the purposes of this section, a special occasion means the occasion of a unique or infrequent event of local, State or national significance.

s 49: Am 2009 No 72, Sch 1 [19]–[22]; 2012 No 91, Sch 1 [7]; 2014 No 3, Sch 1 [14]; 2014 No 76, Sch 1 [30]; 2020 No 40, Sch 4.1[27]; 2023 No 53, Sch 2[21]–[23]; 2024 No 76, Sch 2[5]; 2025 No 73, Sch 1[16] [17].

49A

Extended trading authorisation—small bars

49A Extended trading authorisation—small bars

(1) The Authority may, on application by the holder of a small bar licence, authorise the licensee to sell or supply liquor, for consumption on the licensed premises only, during a specified period outside of the standard trading period for small bars.

Note.

Small bars are, on the granting of the small bar licence, authorised to trade between midnight and 2 am. See section 20B(2).

(2) An extended trading authorisation for a small bar cannot authorise the sale or supply of liquor after 5 am or before 10 am on any day of the week.

(3) An extended trading authorisation in relation to a small bar operates to authorise the sale or supply of liquor on the licensed premises—

(a) on a regular basis (until such time as the authorisation is varied or revoked by the Authority), or

(b) if the authorisation so provides—on an occasion considered by the Authority to be a special occasion and that takes place on a specified date, or

(c) if the authorisation so provides—on up to 12 separate occasions in any period of 12 months.

(4) In granting an extended trading authorisation for a small bar, the Authority is to specify the trading hours during which the licensee is authorised to sell or supply liquor.

(5) Section 49(8) applies in relation to an extended trading authorisation granted by the Authority under this section.

s 49A: Ins 2013 No 5, Sch 1 [11]. Am 2014 No 76, Sch 1 [31]; 2017 No 20, Sch 1 [4]; 2020 No 40, Sch 4.1[28].

49B

Special provisions relating to multi-occasion ETAs

49B Special provisions relating to multi-occasion ETAs

(1) This section applies to an extended trading authorisation of the kind referred to in section 49(5)(c) or 49A(3)(c) (a multi-occasion extended trading authorisation).

(2) A multi-occasion extended trading authorisation cannot be granted in respect of licensed premises situated in such part of the State (if any) as may be prescribed by the regulations.

(3) Despite any other provision of this Act, a multi-occasion extended trading authorisation cannot be granted to authorise the sale or supply of liquor on licensed premises after 3 am.

(4) A multi-occasion extended trading authorisation is subject to the condition that, at least 6 weeks before liquor is sold or supplied on each occasion authorised by the extended trading authorisation, the following persons or bodies are to be notified by the licensee in the form and manner approved by the Secretary—

(a) the local police,

(b) the local consent authority,

(c) the Secretary.

Note.

The actual trading hours that operate under a multi-occasion ETA are specified in the ETA—see sections 49(6) and 49A(4).

(5) (Repealed)

s 49B: Ins 2014 No 76, Sch 1 [32]. Am 2015 No 15, Sch 1.17 [2].

Drink on-premises authorisation

50 Drink on-premises authorisation

(1) The Authority may, on application by the holder of a producer/wholesaler licence, endorse the licence with an authorisation (referred to as a drink on-premises authorisation) relating to the sale, supply and consumption of liquor on the licensed premises.

(2) A drink on-premises authorisation authorises the licensee to sell liquor by retail on the licensed premises, for consumption on the licensed premises only—

(a) on any day of the week (except a restricted trading day)—during the standard trading period for that day or during such other period as may be authorised by an extended trading authorisation, and

(b) on 31 December in any year—from the start of the standard trading period for that day until 2 am on the next succeeding day, and

(c) on a restricted trading day—from noon to 10 pm.

s 50: Am 2009 No 72, Sch 1 [23]; 2014 No 76, Sch 1 [50].

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Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.