21Venue capacity

21 Venue capacity

(1) This regulation applies subject to regulation 22.

(2) If a maximum capacity is specified on a licence, the venue capacity of the licensed premises is—

(a) if a maximum capacity is specified in respect of the total area of the licensed premises, that maximum capacity; or

(b) if a maximum capacity is specified in respect of more than one area of the licensed premises but no total maximum capacity for the licensed premises is specified, the sum of those maximum capacities; or

(c) if a different total maximum capacity (as calculated under paragraph (a) or (b) (as the case requires)) may apply depending on the time of day, the greatest total maximum capacity as calculated under paragraph (a) or (b) (as the case requires) at any time after 11 p.m. on any particular day and before the commencement of ordinary trading hours on the following day—

minus the maximum capacity for any area of the licensed premises used to provide accommodation as specified on the licence (if applicable).

(3) If no maximum capacity is specified on a licence, the venue capacity of the licensed premises is the lesser of—

(a) the maximum number of patrons specified for the licensed premises in any permit granted in accordance with the Planning and Environment Act 1987 which has been given to the Commission; and

(b) the maximum number of people to be accommodated within the licensed premises specified in any occupancy permit issued in accordance with the Building Act 1993 which has been given to the Commission.

(4) If neither subregulation (2) nor (3) applies, the venue capacity of the licensed premises is the maximum capacity as determined by the Commission by calculating the number of people that may be accommodated on the licensed premises and (if relevant) the authorised premises based on a ratio of one patron per 0·75 square metres for the area available to, as the case requires—

(a) members of the public; or

(b) in relation to a club licence, members of the club and guests of members of the club and authorised gaming visitors—

for on‑premises consumption.