31Risk fee—venue capacity

31 Risk fee—venue capacity

(1) This regulation applies to the following licences—

(c) a general licence;

(d) an on‑premises licence;

(e) a restaurant and cafe licence in respect of which one or more of the risk criteria in regulation 26, 28 or 29 apply;

(f) a full club licence in respect of which one or more of the risk criteria in regulation 28 or 29 apply;

(g) a restricted club licence in respect of which one or more of the risk criteria in regulation 28 or 29 apply.

(2) The risk fee for a licensed premises with a venue capacity of—

(a) more than 200 and not more than 400 patrons, is 71⸱08 fee units; or

(b) more than 400 patrons and not more than 800 patrons, is 160⸱89 fee units; or

(c) more than 800 and not more than 1 000 patrons, is 500⸱00 fee units unless subregulation (3) applies; or

(d) more than 1 000 patrons, is 1 258⸱00 fee units unless subregulation (3) applies.

(3) A risk fee is not payable under subregulation (2)(c) or (d) in respect of the following types of venues—

(a) a venue (other than a nightclub) where live music events are regularly held for patrons present at the venue;

(b) a venue listed in Schedule 5 where the supply of liquor is ancillary to the primary activity engaged in at the venue;

(c) a venue where accommodation for residents is provided;

(d) a venue on the campus of a university or a TAFE institute or in respect of which a university or a TAFE institute is the licensee;

(e) a food truck park;

(f) a venue primarily used to host private functions, conventions or conferences—

but the risk fee payable in respect of those types of venues which have a venue capacity referred to in subregulation (2)(c) or (d) is 160⸱89 fee units.