90DMeaning of “exempt application”

#### 90D Meaning of “exempt application” 90D Meaning of “exempt application” > > (1) For this division, an application for a temporary change to the boundaries of licensed premises is an exempt application if the application meets the requirements set out in this section. > > > (2) The applicant must be the owner, or the licensee, of premises to which 1 of the following licences relates— > > > > > (a) hotel licence, > > > > > (b) club licence that relates to a registered club, > > > > > (c) small bar licence, > > > > > (d) on-premises licence that relates to a public entertainment venue, > > > > > (e) on-premises licence that relates to a restaurant, > > > > > (f) producer/wholesaler licence endorsed with a drink on-premises authorisation. > > > (3) The application must relate to the following land (the relevant land)— > > > > > (a) part of a footway that is— > > > > > > > (i) adjacent to the licensed premises, and > > > > > > > (ii) subject to an approval, or an application for approval, under the [Roads Act 1993](/view/html/inforce/current/act-1993-033), section 125 to use the land for the purposes of food or drink premises in relation to the licensed premises, > > > > > (b) community land that is subject to an approval, or an application for approval, under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 68 to engage in a trade or business on the land in relation to the licensed premises, > > > > > (c) part of a public road that is subject to consent, or an application for consent, under the [Roads Act 1993](/view/html/inforce/current/act-1993-033), Part 9, Division 3 to erect a structure or carry out work in, on or over the land in relation to the licensed premises, > > > > > (d) a pathway, public open space, road or other premises that is subject to a decision by the local council under section 166 to temporarily allow use of the land for a purpose mentioned in section 166(1)(a) in relation to the licensed premises. > > > (4) The application may only apply to the sale or supply of liquor on the relevant land for the period— > > > > > (a) determined in the approval or consent to use, or notice to allow the use of, the relevant land, or > > > > > (b) authorised by the licensee’s licence. > > > (5) For relevant land prescribed by the regulations, the application must not, despite subsection (4), apply to the sale or supply of liquor on the relevant land between midnight and 10 am. > > > (6) The change of boundary proposed in the application must be intended to incorporate the relevant land within the boundary of the premises. > > > (7) In this section— > > > > community land has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > > > footway has the same meaning as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033). > > > > public road has the same meaning as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033). > > **s 90D:** Ins 2025 No 73, Sch 1\[31\]. Am 2025 No 73, Sch 1\[32\] \[33\].