59AShort distance removal of unrestricted club licence or hotel licence

#### 59A Short distance removal of unrestricted club licence or hotel licence 59A Short distance removal of unrestricted club licence or hotel licence > > (1) This section applies in relation to an application under section 59 to remove an unrestricted club licence or a hotel licence to premises other than premises specified in the licence if— > > > > > (a) the proposed premises are situated— > > > > > > > (i) on land zoned or otherwise designated for use for the same purpose as the land on which the existing licensed premises are situated, and > > > > > > > (ii) within a 1km radius of the existing licensed premises, or > > > > > (b) the proposed premises are situated— > > > > > > > (i) on urban use land, or land that adjoins urban use land, and > > > > > > > (ii) within a 5km radius of the existing licensed premises. > > > (2) Despite another provision of this Act, if the application is granted— > > > > > (a) for a registered club licence—the registered club may continue to operate the club’s premises under the licence as if the licence were an unrestricted club licence, or > > > > > (b) for a hotel licence that authorises trade 24 hours a day from Monday to Saturday—the licensee may continue to operate the proposed licensed premises subject to the same trading hours as applied to the existing licensed premises. > > > (3) In this section— > > > > existing licensed premises means the premises specified in the licence that is the subject of the application. > > > > on-premises trading hours means the times during which liquor may be sold or supplied only for consumption on the existing licensed premises. > > > > proposed premises means the premises to which the licence is proposed to be removed in the application. > > > > unrestricted club licence means a club licence— > > > > > (a) to which the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031), Schedule 2, clause 94(2) applies, and > > > > > (b) under which the licensee continues, in accordance with the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031), Schedule 2, clause 94, to operate without restrictions in relation to the registered club’s on-premises trading hours. > > > > urban use land means land zoned or otherwise designated for use for urban purposes under an environmental planning instrument. > > **s 59A:** Ins 2023 No 53, Sch 2\[26\]. Am 2025 No 73, Sch 1\[19\]–\[22\].