This Regulation replaces the 2008 rules and mechanically sets detailed fees, fee‑calculations, trading‑hours loadings, demerit‑based risk loadings, definitions and procedural exemptions for liquor licences in NSW. It prescribes who pays what, when fees are rounded/refunded or waived, provisional approvals for outdoor dining boundaries, and special exemptions for entertainment precincts. Affected parties include licence holders, applicants, local councils, Liquor & Gaming NSW and police; the rules change costs, administrative steps and some operating authorisations.
The Liquor Regulation 2018 (the Regulation) is subordinate legislation made under the Liquor Act 2007 (the Act). It operationalises the Act by prescribing detailed rules on licensing, fees, responsible service obligations, precinct-specific controls, and harm minimisation measures. At its core, the Regulation ensures that the sale and supply of liquor occurs in a manner that minimises alcohol-related harm while supporting legitimate commercial and cultural activities.
The Regulation is divided into 11 Parts. Part 1 contains preliminary matters, including an extensive interpretation clause (cl 3) that defines over 30 terms. These range from “general late trading period” (midnight to closing or 7 am) to “RSA supervisory duties” performed by RSA marshals. It also incorporates definitions from the Act and the Interpretation Act 1987, and clarifies that references to “sound and noise” are interchangeable (cl 3(1A)).
Part 2 establishes the fee regime. Application fees are listed in Schedule 1 and comprise a fixed component and a processing component. Electronic lodgment attracts a 10% discount on the processing component (cl 4(3)). Refunds are available on refusal or withdrawal, but the processing component is retained (cl 4(4)). Periodic licence fees, payable under s 58A of the Act, are calculated under cl 9 as the sum of four elements: the base fee element (cl 10), compliance history risk loading (cl 11), trading hours risk loading (cl 12), and patron capacity loading (cl 14, payable only if compliance loading applies). These elements are modulated by demerit points, live music venue status, and remoteness (cll 10(2), 12(5)–(6)). The Secretary issues notices (cl 15), late fees apply (cl 16), and reassessment or waiver mechanisms exist for hardship or error (cll 18–19A). Fees are adjusted for inflation via a CPI-based fee unit in Part 4 of Schedule 1.
Current sections
Direct links to the current provisions in Liquor Regulation 2018.
general late trading period, in relation to premises, means—
(a) the period between midnight on any day of the week and such later time at which the premises are required to cease trading, or
(b) in the case of premises that are not required to cease trading at any time after midnight on any day of the week—the period between midnight and 7 am.
high risk venue means a high risk venue within the meaning of section 116B of the Act.
licence-related authorisation means any of the following—
(a) an extended trading authorisation,
(b) a drink on-premises authorisation,
(c) any other authorisation that may be granted by the Authority under Part 3 of the Act (other than a licence),
(d) a minors area authorisation,
(e) a minors functions authorisation,
(f) a minors authorisation.
Liquor & Gaming NSW means that part of the Department of Creative Industries, Tourism, Hospitality and Sport known as Liquor & Gaming NSW.
multi-function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, more than one function.
multi-occasion extended trading authorisation has the same meaning as in the Act, section 49B.
provisionally accepted provider, for Part 7B—see clause 107CA.
RSA marshal means a person who is employed for the purposes of carrying out RSA supervisory duties on licensed premises.
RSA supervisory duties means the following—
(a) monitoring responsible service of alcohol practices by staff members of licensed premises who are selling, supplying or serving liquor,
(b) engaging with those staff members, and with patrons on the premises, for the purposes of encouraging responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor,
(c) monitoring alcohol consumption by patrons and their behaviour for signs of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication,
(d) intervening at any early stage to assist in the prevention of intoxication and anti-social behaviour (such intervention may include suggesting that patrons moderate their alcohol consumption by consuming food or non-alcoholic beverages).
single function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, one (but not more than one) function.
special drink on-premises authorisation means a drink on-premises authorisation of the kind to which clause 37 applies.
special occasion extended trading authorisation means an extended trading authorisation of the kind referred to in section 49(5)(b) or 49A(3)(b) of the Act.
staff member, in relation to licensed premises, means any employee or agent of, or person purporting to act on behalf of, the licensee of the premises, and includes any person who is employed to carry on activities as a crowd controller or bouncer on or about the premises.
subject premises means premises in a prescribed precinct that are subject to conditions prescribed by Part 7, Division 1.
Sydney CBD Entertainment precinct means the area of that name described in Part 2 of Schedule 2.
tourist accommodation establishment means premises—
(a) operating under an on-premises, hotel or club licence that relates to accommodation premises, and
(b) that provide accommodation in at least 20 rooms or self-contained suites (other than accommodation on a bed or dormitory-style basis rather than in separate rooms), and
(c) that provide beverages, meals and other associated services to temporary residents and their guests,
but does not include any tourist accommodation establishment bar area on the premises that permits entry or exit (including by way of a vestibule) directly to a public street.
tourist accommodation establishment bar area, in relation to a tourist accommodation establishment, means any part of the establishment in which liquor is ordinarily sold or supplied for consumption in the establishment, but does not include—
(a) a dining area in the establishment, or
(b) any part of the establishment in which liquor is, otherwise than as authorised under section 17(6) of the Act, sold or supplied exclusively to residents.
Trusted Digital Identity Framework or TDIF, for Part 7B—see clause 107CA.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(1A) For the purposes of this Regulation, references to sound and noise are taken to have the same meaning.
(2) Notes included in this Regulation do not form part of this Regulation.
See Part 4 of Schedule 1 for the adjustment of fees for inflation.
Division 1
Application fees and other fees
Division 1 Application fees and other fees
Division 1 Application fees and other fees
4
Application fees generally
4 Application fees generally
4 Application fees generally
(1) The application fees payable for the purposes of the Act are the fees specified in Schedule 1 (except as provided by clause 5).
(2) The amount of the fee payable for an application is the amount specified under the heading “Total” in relation to the application concerned.
(3) If an application specified in Schedule 1 (other than an application for a limited licence (single function)) is made by means of an electronic system approved by the Authority, the amount specified under the heading “Processing component” in respect of the application is reduced by 10% and the total amount payable under this clause is reduced accordingly.
(4) If an application—
(a) is refused by the Authority, or
(b) is granted by the Authority but is subsequently withdrawn by the applicant before the licence or other authorisation concerned takes effect, or
(c) is treated by the Authority as having been withdrawn,
the fee that has been paid in connection with the application is to be refunded to the applicant, except for any amount specified under the heading “Processing component” (which is taken to be a fee to cover the costs incurred by the Authority in processing the application concerned).
(5) If an application for a producer/wholesaler licence is made in conjunction with an application for a special drink on-premises authorisation but the authorisation is not granted, the applicant may vary the application so that it only relates to a producer/wholesaler licence (in which case the full producer/wholesaler licence fee specified in Schedule 1 is taken to apply).
cl 4: Am 2019 (463), Sch 1 [2].
5
Other application fees
5 Other application fees
5 Other application fees
(1) Variation of extended trading authorisation For the purposes of section 51(10) of the Act, the application fee to vary an extended trading authorisation is the same as the application fee would be for the extended trading authorisation (as varied) unless the variation reduces the number of trading hours in which case the application fee is nil.
(2) Removal of licence to other premises For the purposes of section 59(2)(b) of the Act, the application fee for approval to remove a licence to other premises is the same fee as the licence application fee specified in Part 1 of Schedule 1 for the particular type of licence concerned.
6
Licence transfer endorsement fees
6 Licence transfer endorsement fees
6 Licence transfer endorsement fees
For the purposes of section 60A(3)(b) of the Act, the following fees are prescribed—
(a) 3.79 fee units for a hotel licence or a packaged liquor licence,
(b) 0.54 fee units for a limited licence or a pop-up licence,
(1) The fees payable in connection with matters under Part 5 are as follows—
| Item | Fee payable to Secretary | Fee (in fee units) |
| 1 | Fee payable by approved training provider for issue of interim certificate certifying the completion of an approved training course (other than an advanced licensee training course) | 0.85 |
| 2 | Fee payable by approved training provider for issue of interim certificate certifying the completion of an advanced licensee training course | 0.4 |
| 3 | Fee payable by person for issue of recognised competency card with renewed or additional recognised competency card endorsement | 0.4 |
| 4 | Fee payable by person for issue of recognised competency card in replacement of a current recognised competency card that the Secretary is satisfied has been lost, stolen or damaged | 0.4 |
| 4A | Fee payable by person for issue of recognised competency card with an RSA endorsement issued on the basis of an interim certificate certifying the completion of an RSA bridging course or licensee training course | 0.85 |
| 5 | Fee payable by applicant to become approved training provider of approved training course— | |
| | (a) for a first approval | 15.3 |
| | (b) for a second or subsequent approval | 8.44 |
| 6 | Fee payable by approved training provider for additional approval to provide training course online— | |
| | (a) for a first approval | 15.3 |
| | (b) for a second or subsequent approval | 8.44 |
(2) A person is exempt from paying the fee described in item 3 of subclause (1) if—
(a) the renewed recognised competency card endorsement is an RSA endorsement, and
(b) the RSA endorsement is renewed by the completion of an RSA training course instead of an RSA refresher course.
(3) Words and expressions used in this clause have the same meaning as in Part 5.
For the purposes of section 99(2)(c) of the Act, the following fees are prescribed—
(a) 0.24 fee units—fee for online training under clause 107G(4), including fee for knowledge test under clause 107G(3),
(b) 0.15 fee units—fee for knowledge test under clause 107G(3).
cl 7AA: Ins 2021 (324), Sch 1[1].
7A
Waiver, reduction, postponement or refund of fees
7A Waiver, reduction, postponement or refund of fees
7A Waiver, reduction, postponement or refund of fees
(1) A person who is required to pay a fee under the Act may apply to the Secretary for the waiver, reduction, postponement or refund of that fee.
(2) On receiving such an application, the Secretary may—
(a) waive, reduce, postpone or refund the fee, if the Secretary is satisfied that it is appropriate because—
(i) the applicant is suffering financial hardship, or
(ii) special circumstances exist, or
Example of ‘special circumstances’—
circumstances involving a natural disaster or recovery from a natural disaster
(b) refuse to waive, reduce, postpone or refund any element.
(3) However, a person may not apply under this clause for the waiver, reduction, postponement or refund of any or all elements of a periodic licence fee, or part of an element of a periodic licence fee, payable in respect of a licence.
(4) The Secretary may waive, reduce, postpone or refund any fee payable under the Act, without having received an application under subclause (1), if the Secretary is satisfied it is appropriate because special circumstances exist.
Example of ‘special circumstances’—
circumstances involving a natural disaster or recovery from a natural disaster
(5) (Repealed)
cl 7A: Ins 2020 (138), Sch 1[1]. Am 2021 (594), Sch 2[3].
7B
Exemption from particular fees
7B Exemption from particular fees
7B Exemption from particular fees
(1) A licensee is exempt from the requirement under section 53(3)(b) or 54(2A)(b) of the Act to pay a fee in relation to an application made under section 53(2)(a) or 54(2) to vary or revoke a prescribed live music condition.
(2) In this clause—
prescribed live music condition, for a licence, means a condition of the licence that—
(a) prohibits or limits the playing of amplified music at licensed premises, or
(b) prohibits or restricts the playing or performing of live music, live music entertainment or live entertainment—
(i) in all or part of the licensed premises, or
(ii) at all times of the day or particular times of the day.
cl 7B: Ins 2020 No 40, Sch 4.2[2].
7C
Reduction or refund of particular fees
7C Reduction or refund of particular fees
7C Reduction or refund of particular fees
(1) The Secretary may reduce or refund a proportion of the fee payable for an application for an ongoing extended trading authorisation if—
(a) the authorisation is of a type listed in Schedule 1, Part 2, and
(b) the application relates to licensed premises that are a listed live music and performance venue—
(i) when the application is made, or
(ii) within 12 months after the application is made.
(2) The proportion must not be more than 80% of the total fee payable.
(a) in relation to a part year licence—the date on which the part year licence is granted, and
(b) in relation to any other licence—15 March in each assessment year.
assessment year means a period of 12 months commencing on 15 March.
base fee element—see clause 10.
compliance history risk loading element—see clause 11.
due date for the payment of a periodic licence fee means—
(a) in relation to a part year licence—60 days after the day on which the Secretary sends a notice to the licensee liable to pay the fee under clause 15, and
(b) in relation to any other licence—29 May in each assessment year.
element of a periodic licence fee—see clause 9(1).
part year licence, in relation to an assessment year, means a licence that is granted on or after 16 March in that assessment year.
patron capacity loading element—see clause 14(1).
periodic licence fee means the periodic licence fee payable in respect of an assessment year for a licence (under section 58A of the Act).
cl 8: Am 2020 No 40, Sch 1.2[1]; 2023 No 53, Sch 3[2].
8A
8A
8A (Repealed)
9
Periodic licence fees
9 Periodic licence fees
9 Periodic licence fees
(1) The periodic licence fee for a licence is the sum of the following elements—
(a) the base fee element (determined and adjusted under clause 10),
(b) the compliance history risk loading element (determined under clause 11),
(c) the trading hours risk loading element (determined under clause 12),
(d) (Repealed)
(e) the patron capacity loading element (determined under clause 14), which is payable only if a compliance history risk loading element is payable.
(2) Despite subclause (1), the periodic licence fee for a part year licence is only the base fee element (determined under clause 10), reduced as follows—
(a) if the part year licence is granted on or after 16 March but not later than 15 June—by 25%,
(b) if the part year licence is granted on or after 16 June but not later than 15 September—by 50%,
(c) if the part year licence is granted on or after 16 September but not later than 15 December—by 75%.
(3) A periodic licence fee is not payable in respect of a part year licence granted on or after 16 December in an assessment year.
(4) Subclauses (2) and (3) take effect on and from 16 March 2019.
cl 9: Am 2023 No 53, Sch 3[3].
10
Base fee element
10 Base fee element
10 Base fee element
(1) The base fee element of a periodic licence fee for a licence is as follows—
(a) for a hotel licence (other than general bar licence)—8.86 fee units,
(b) for a general bar licence—4.44 fee units,
(c) for a club licence—8.86 fee units,
(d) for a small bar licence—2.83 fee units,
(e) for an on-premises licence—6.47 fee units,
(f) for a packaged liquor licence—
(i) where the licensee holds 3 or less such licences, or the licensee or a business owner has an interest in the business, or the profits of the business, carried on under packaged liquor licences at 3 or less premises—6.51 fee units, or
(ii) where the licensee holds more than 3, but not more than 9, such licences, or the licensee or a business owner has an interest in the business, or the profits of the business, carried on under packaged liquor licences at more than 3, but not more than 9, premises—13.01 fee units, or
(iii) where the licensee holds more than 9 such licences, or the licensee or a business owner has an interest in the business, or the profits of the business, carried on under packaged liquor licences at more than 9 premises—25.98 fee units, or
(iv) where a combination of any of the matters referred to in subparagraphs (i)–(iii) applies—the highest of the amounts so referred to,
(g) for a producer/wholesaler licence—3.14 fee units,
(h) for a multi-function limited licence—1.43 fee units.
(2) The base fee element must be reduced—
(a) for an assessment year that commences on or after 15 March 2024, if a demerit point has not been incurred or imposed against the licence, or a licensee or manager of the licensed premises for the licence, in the 3-year period preceding the assessment date—by 5%, or
(b) for an assessment year that commences on or after 15 March 2026, if a demerit point has not been incurred or imposed against the licence, or a licensee or manager of the licensed premises for the licence, in the 5-year period preceding the assessment date—by 10%, or
(c) by 80% for a venue that is a listed live music and performance venue on the assessment date if the venue is one or more of the following—
(i) a live music venue,
(ii) a live performance venue,
(iii) a special entertainment precinct venue,
(iv) licensed premises that have participated in an incentivised event held in the 1-year period immediately before the assessment date.
(d) (Repealed)
(2A)–(4) (Repealed)
cl 10: Am 2020 No 40, Sch 1.2[3]; 2021 (594), Sch 2[5]–[8]; 2023 No 53, Sch 3[4] [5]; 2024 (66), Sch 1[1]–[10]; 2026 (8), Sch 1[6].
11
Compliance history risk loading element
11 Compliance history risk loading element
11 Compliance history risk loading element
(1) For an assessment year that commences before 15 March 2022, the compliance history risk loading element of a periodic licence fee for a licence is—
(a) 32.46 fee units—if 1 relevant demerit offence event has occurred during the relevant compliance period that relates to a demerit offence committed by the licensee or manager of the licensed premises, or
(b) 64.92 fee units—if—
(i) 2 relevant demerit offence events have occurred during the relevant compliance period that relate to demerit offences committed by the licensee or manager of the licensed premises, or
(ii) the licence was, at any time during the relevant compliance period, listed in Table 2 at the end of clause 1 of Schedule 4 to the Act when that list was replaced in its entirety during the assessment year ending on the relevant assessment date, or
(c) 97.39 fee units—if—
(i) 3 or more relevant demerit offence events have occurred during the relevant compliance period that relate to demerit offences committed by the licensee or manager of the licensed premises, or
(ii) the licence was, at any time during the relevant compliance period, listed in Table 1 at the end of clause 1 of Schedule 4 to the Act when that list was replaced in its entirety during the assessment year ending on the relevant assessment date, or
(d) if a combination of any of the circumstances specified in paragraphs (a)–(c) exist in relation to a licence—the highest of the amounts so specified.
(1A) For an assessment year that commences on or after 15 March 2022, the compliance history risk loading element of a periodic licence fee for a licence is calculated at a rate of 47.98 fee units for each demerit point incurred or imposed against the licence, or a licensee or manager of the licensed premises, during the relevant compliance period for the assessment year.
(2) No compliance history risk loading element is payable for a licence if—
(a) for an assessment year that commences before 15 March 2022—none of the circumstances specified in subclause (1) exist in relation to the licence, or
(b) for an assessment year that commences on or after 15 March 2022—no demerit points have been incurred or imposed against the licence, or a licensee or manager of the licensed premises, during the relevant compliance period.
(3) For the purposes of this clause, a relevant demerit offence event occurs when—
(a) a court convicts a person of a demerit offence (whether or not it imposes any penalty), or
(b) an amount is paid under a penalty notice in respect of such an offence, or
(c) a penalty notice enforcement order under the Fines Act 1996 is made against the person in respect of such an offence.
(4) However, if—
(a) the conviction is overturned on appeal, or
(b) the person elects, after an amount is paid under the penalty notice, to have the offence dealt with by a court, or
(c) the penalty notice, or the penalty notice enforcement order to the extent that it applies to the penalty notice, is withdrawn or annulled,
the relevant demerit offence event derived from the conviction, payment or making of the order is taken not to have occurred and so much of the compliance history risk loading element as comprises the amount based on the relevant demerit offence event is to be refunded by the Secretary to the licensee.
(5) If more than one demerit offence is committed by the licensee or manager of the premises to which a licence relates within a single 24-hour period, no more than one relevant demerit offence event is, for the purposes of this clause, taken to have occurred in relation to that licence.
(5A) Transitional For the purposes of subclause (1A), the reference to a demerit point incurred or imposed against the licence, or a licensee or manager of the licensed premises, during the relevant compliance period for the assessment year includes a reference to a relevant demerit offence event that occurred on or after 1 January 2021 derived from an act or circumstance that occurred or existed before that date.
(6) In this clause—
demerit offence has the same meaning as in section 4 of the Act.
relevant compliance period, in relation to a periodic licence fee payable in respect of an assessment year, means the calendar year before the relevant assessment date for that year.
cl 11: Am 2020 No 40, Sch 1.2[4]–[9]; 2021 (61), Sch 1[1]; 2024 (66), Sch 1[11].
12
Trading hours risk loading element
12 Trading hours risk loading element
12 Trading hours risk loading element
(1) The trading hours risk loading element of a periodic licence fee for a licence is as follows—
(a) if, on the relevant assessment date, the licensee is authorised to sell or supply liquor to patrons on the licensed premises on a regular basis between midnight and 1.30 am (but not after 1.30 am) on any day—27.05 fee units,
(b) if, on the relevant assessment date, the licensee is authorised to sell or supply liquor to patrons on the licensed premises on a regular basis between 1.30 am and 5 am on any day—54.05 fee units,
(c) if, on the relevant assessment date, a multi-occasion extended trading authorisation is in force in respect of the premises (whether or not liquor is being sold or supplied in accordance with the authorisation on that date)—10.82 fee units.
(2) A trading hours risk loading element that applies to a producer/wholesaler licence endorsed with a drink on-premises authorisation is to be determined by reference to the period that the licensee is authorised to sell liquor by retail on the licensed premises, for consumption on the licensed premises, under the drink on-premises authorisation and not by reference to the period that the licensee is authorised to sell or supply liquor on the licensed premises on a regular basis under the producer/wholesaler licence.
(3) An on-premises licence that relates to a vessel that is authorised under section 25(9)(a) of the Act to sell liquor by retail to passengers on board the vessel is taken for the purposes of this Division to authorise the licensee to sell or supply liquor on licensed premises on a regular basis between 1.30 am and 5 am on any day. The operation of this subclause is subject to any licence condition that restricts the times at which liquor may be sold or supplied.
(3A) The trading hours risk loading element must be reduced—
(a) for an assessment year that commences on or after 15 March 2024, if a demerit point has not been incurred or imposed against the licence, or a licensee or manager of the licensed premises for the licence, in the 3-year period preceding the assessment date—by 5%, or
(b) for an assessment year that commences on or after 15 March 2026, if a demerit point has not been incurred or imposed against the licence, or a licensee or manager of the licensed premises for the licence, in the 5-year period preceding the assessment date—by 10%, or
(c) by 80% for a venue that is a listed live music and performance venue on the assessment date if the venue is one or more of the following—
(i) a live music venue,
(ii) a live performance venue,
(iii) a special entertainment precinct venue,
(iv) licensed premises that have participated in an incentivised event held in the 1-year period immediately before the assessment date.
(d) (Repealed)
(3B) (Repealed)
(4) In this clause, a reference to the sale or supply of liquor to patrons does not include a reference to the sale or supply of liquor to—
(a) a resident of the licensed premises concerned or to a guest of such a resident while the guest is in the resident’s company, or
(b) an employee of the licensee, or
(c) a person referred to in section 29(3) of the Act.
(5) A trading hours risk loading element is not payable in relation to the following licences—
(a) a producer/wholesaler licence that is not endorsed with a drink on-premises authorisation,
(b) a small bar licence,
(c) an on-premises licence that relates only to one or more of the following—
(i) accommodation premises,
(ii) a catering service,
(iii) an airport,
(iv) a restaurant where the licence is not endorsed under section 24(3) of the Act with an authorisation that allows liquor to be sold or supplied for consumption on the licensed premises,
(d) a multi-function limited licence,
(e) a packaged liquor licence,
(f) a hotel or club licence that relates to a tourist accommodation establishment, but only if the Secretary is satisfied that any tourist accommodation establishment bar area on the licensed premises is operated after midnight primarily for the use of residents and their guests or persons who are invited to attend a conference or function on the premises,
(g) a licence that relates to licensed premises that the Secretary is satisfied are situated in a regional or remote locality having a population of less than 1,000 persons and in respect of which the accessibility to goods, services and opportunities for social interaction is considered to be significantly restricted due to the remoteness of the locality.
(6) Also, a trading hours risk loading element is not payable in relation to a licence for licensed premises if—
(a) either of the following apply—
(i) the premises are a dedicated live music and performance venue that trades past midnight on the nights on which live entertainment is provided at the venue,
(ii) the licence is subject to an occasional extended trading condition, and
(b) a trading hours risk loading element would not have been payable in relation to the licence if the trading hours had not been extended under the Act, Part 7B, Division 2.
(7), (8) (Repealed)
cl 12: Am 2020 No 40, Sch 1.2[10] [11]; 2021 (594), Sch 2[9]–[13]; 2023 No 53, Sch 3[6] [7]; 2024 No 76, Sch 5.3[2]; 2026 (8), Sch 1[7] [8].
13
Evidence of performances required
13 Evidence of performances required
13 Evidence of performances required
(1) The Secretary may require a licensee of a listed live music and performance venue to give evidence that sufficient live events have been held at the licensed premises to justify a reduction in the following—
(a) the base fee element of the licence under clause 10(2)(c),
(b) the trading hours risk loading element of the licence under clause 12(3A)(c).
(2) The requirement must be made by written notice to the licensee.
(3) The notice must specify the period (the specified period) to which the evidence must relate.
(4) The notice may require the evidence in the form of—
(a) records that show the live events held at the licensed premises during the specified period, or
(b) a declaration made by the licensee that specifies the live events held at the licensed premises during the specified period.
(5) A reduction under clause 10(2)(c) or 12(3A)(c) does not apply to a licence in relation to the specified period if the licensee—
(a) fails to give the Secretary the evidence, or
(b) gives the Secretary the evidence, but the evidence fails to satisfy the Secretary that sufficient live events have been held.
(6) In this clause—
live event means a live music performance or other arts and cultural event.
cl 13: Rep 2023 No 53, Sch 3[8]. Ins 2026 (8), Sch 1[9].
14
Patron capacity loading element
14 Patron capacity loading element
14 Patron capacity loading element
(1) The patron capacity loading element of a periodic licence fee for a licence (which is payable only if a compliance history risk loading element is payable) is as follows—
(a) if, on the relevant assessment date, the patron capacity of the licensed premises is not more than 60 patrons—10.82 fee units,
(b) if, on the relevant assessment date, the patron capacity of the licensed premises is more than 60, but not more than 120, patrons—32.46 fee units,
(c) if, on the relevant assessment date, the patron capacity of the licensed premises is more than 120, but not more than 300, patrons—64.92 fee units,
(d) if, on the relevant assessment date, the patron capacity of the licensed premises is more than 300 patrons—86.57 fee units.
(2) A patron capacity loading element that applies to a producer/wholesaler licence endorsed with a drink on-premises authorisation is to be determined by reference to that part of the licensed premises that is the subject of the drink on-premises authorisation and not by reference to the licensed premises under the producer/wholesaler licence.
(3) A patron capacity loading element is not payable in relation to the following licences—
(a) a producer/wholesaler licence that is not endorsed with a drink on-premises authorisation,
(b) an on-premises licence that relates only to accommodation premises or a catering service (or both),
(c) a packaged liquor licence,
(d) a multi-function limited licence.
(4) It is a condition of each licence (other than a packaged liquor licence or a multi-function limited licence) that the licensee must give the Secretary notice in writing of any change in the patron capacity of the licensed premises, with that notice being required to be given within 7 days of the change.
(5) In this clause, patron capacity, in relation to licensed premises, means—
(a) if the patron capacity is established by a licence condition—that patron capacity, or
(b) if the patron capacity is not established by a licence condition—
(i) the patron capacity that the licensee has notified to the Secretary before the relevant assessment date, or
(ii) if the patron capacity is not notified to the Secretary before the relevant assessment date or if the Secretary is not satisfied that the patron capacity notified to the Secretary is accurate—the patron capacity determined by the Secretary.
(6) In determining the patron capacity of licensed premises, any part of the premises that has been set aside exclusively for the purposes of accommodation of residents is taken not to be part of the licensed premises.
15
Notice of periodic licence fee payable
15 Notice of periodic licence fee payable
15 Notice of periodic licence fee payable
(1) The Secretary is, as soon as is practicable after the assessment date for a periodic licence fee, but not less than 14 days before the due date for payment of the fee, to send a notice to the licensee liable to pay the fee.
(2) The notice is to include—
(a) the total amount of the periodic licence fee payable, and
(b) the amount of each element of that fee that makes up that total amount, and
(c) the due date for payment of the fee, and
(d) for part year licences—information about the re-assessment of an unpaid periodic licence fee under clause 19A.
(3) A failure by the Secretary to comply with this clause does not affect a licensee’s liability to pay a periodic licence fee, late payment fee or application for reinstatement fee.
cl 15: Am 2018 (781), Sch 1 [2].
16
Late payment fee
16 Late payment fee
16 Late payment fee
(1) For the purposes of sections 58B(2)(b) and 58C(3)(b)(ii) of the Act, a late payment fee of the following amount is payable if the periodic licence fee payable for a licence has not been paid before the expiration of 28 days after the due date for payment—
(a) for a multi-function limited licence—0.55 fee units,
(b) for any other type of licence—1.1 fee units.
(2) The Secretary may waive or refund all or part of a late payment fee payable under this clause in any circumstances that the Secretary considers appropriate.
(3) It is a condition of a licence that any late payment fee payable for the licence that has not been waived must be paid before the expiration of 28 days after the due date for payment of the periodic licence fee.
17
Application for reinstatement fees
17 Application for reinstatement fees
17 Application for reinstatement fees
(1) For the purposes of section 58C(3)(b)(iii) of the Act, an application fee of 2.71 fee units must accompany an application for the reinstatement of a licence cancelled under section 58B(3) of the Act.
(2) The Secretary may waive or refund all or part of the fee that is required to accompany an application under section 58C(3)(b)(iii) of the Act for a reinstatement of a cancelled licence in any circumstances that the Secretary considers appropriate.
18
Re-assessment of periodic licence fee
18 Re-assessment of periodic licence fee
18 Re-assessment of periodic licence fee
(1) The Secretary may re-assess a periodic licence fee at the request of the licensee or on the Secretary’s own initiative. Any such request must be made no later than 56 days after 29 May (that is, no later than the date on which the licence would otherwise be cancelled for late payment under section 58B(3) of the Act).
(2) If the Secretary is satisfied that an error was made in an assessment of the periodic licence fee (including an assessment based on an incorrect knowledge of the relevant circumstances), the Secretary may re-assess the periodic licence fee and send a further notice to the licensee concerned.
(3) The further notice is to include the following—
(a) a statement as to the amount of re-assessed periodic licence fee,
(b) if the licensee has not paid the initially assessed periodic licence fee—the due date for the payment of the re-assessed periodic licence fee (being a date no later than 56 days after 29 May),
(c) if the licensee has paid the initially assessed periodic licence fee and the amount of the re-assessed fee is greater than the amount of the initially assessed fee—the due date for the payment of the difference in amounts (being a date no later than 56 days after 29 May).
(4) If the licensee has paid the initially assessed periodic licence fee and the amount of the re-assessed periodic licence fee is less than the amount of the initially assessed fee, the Secretary is to refund the difference to the licensee.
19
Waiver reduction, postponement or refund of elements of periodic licence fee
19 Waiver reduction, postponement or refund of elements of periodic licence fee
19 Waiver reduction, postponement or refund of elements of periodic licence fee
(1) A person who holds a licence may apply to the Secretary for the waiver, reduction, postponement or refund of any or all elements of the periodic licence fee, or part of an element of the periodic licence fee, payable in respect of the licence—
(a) no later than 7 days before the due date for payment, or
(b) if the person satisfies the Secretary that exceptional circumstances exist—no later than the date specified by the Secretary.
(2) On receiving such an application, the Secretary may—
(a) waive, reduce, postpone or refund any or all elements of the periodic licence fee, or part of an element of the periodic licence fee, payable in respect of the licence, if the Secretary is satisfied that it is appropriate because—
(i) the applicant is suffering financial hardship, or
(ii) special circumstances exist, or
Example of ‘special circumstances’—
circumstances involving a natural disaster or recovery from a natural disaster
(b) refuse to waive, reduce, postpone or refund any element or part of an element.
(3) The Secretary may waive, reduce, postpone or refund any or all elements of a periodic licence fee, or part of an element of a periodic licence fee, payable in respect of a licence, without having received an application under subclause (1), if the Secretary is satisfied it is appropriate because special circumstances exist.
Example of ‘special circumstances’—
circumstances involving a natural disaster or recovery from a natural disaster
cl 19: Am 2020 (138), Sch 1[2]–[5].
19A
Re-assessment of unpaid periodic licence fees for part year licences
19A Re-assessment of unpaid periodic licence fees for part year licences
19A Re-assessment of unpaid periodic licence fees for part year licences
(1) If the periodic licence fee for a part year licence is not paid before 15 March following the date on which the part year licence was granted (the re-assessment date), the amount payable is to be re-calculated under this Division on the re-assessment date.
Note.
See Part 4 of Schedule 1 for the adjustment of fees for inflation.
(2) For the purposes of this Division and section 58B of the Act, the due date for the re-calculated fee is taken to be 29 May following the re-assessment date.
(3) The Secretary is to send a notice under clause 15 to the licensee as soon as practicable after the re-assessment date for a periodic licence fee, but no later than 15 May.
(4) Section 58B of the Act does not apply to a periodic licence fee payable for a part year licence unless the fee is re-calculated under this clause on the re-assessment date.
cl 19A: Ins 2018 (781), Sch 1 [3].
Part 3
Applications
Part 3 Applications
Part 3 Applications
20
Definitions
20 Definitions
20 Definitions
(1) In this Division—
application means any of the following—
(a) an application for a licence,
(b) an application by a licensee for the revocation or variation of a condition of the licence or a condition of a licence-related authorisation (other than a revocation or variation that would result in reduced trading hours),
(c) an application to vary the business or activity, or the kind of premises, specified in an on-premises licence,
(d) an application for approval to remove a licence to other premises,
(e) an application by a licensee for a licence-related authorisation or for the variation of a licence-related authorisation (other than a variation that would result in reduced trading hours),
(f) an application to carry on business on temporary premises.
full notification application means the following—
(a) an application for a hotel licence,
(b) an application for a club licence,
(c) an application for a small bar licence, other than an application that is not required to be accompanied by a statement of risks and potential effects,
(d) an application for a packaged liquor licence, other than a licence that is limited to the sale or supply of liquor through an internet site or by other electronic means,
(e) an application for an on-premises licence that relates to a public entertainment venue, other than a cinema or a theatre,
(f) an application for an ongoing extended trading authorisation in relation to a licence referred to in paragraphs (a)–(d),
(g) an application under the Act, section 59 for approval to remove a licence referred to in paragraphs (a)–(d) to other premises,
(h) an application for an ongoing extended trading authorisation in relation to an on-premises licence if the authorisation operates to authorise the sale of liquor at any time between midnight and 5am,
(i) an application for an ongoing extended trading authorisation in relation to a producer/wholesaler licence if the authorisation operates to authorise the sale of liquor by retail, otherwise than to the residents of the licensed premises and their guests, at any time between midnight and 5am,
(j) an application that is required by the Authority under the Act, section 72I(7), definition of relevant application to be accompanied by a statement of risks and potential effects.
limited notification application means the following—
(a) an application for a packaged liquor licence that is limited to the sale of liquor only by means of taking orders—
(i) over the telephone or by facsimile or mail order, or
(ii) through an internet site or by other electronic means,
(b) an application under the Act, section 59 for approval to remove a licence referred to in paragraph (a) to other premises,
(c) an application for a multi-occasion extended trading authorisation,
(d) an application for an authorisation under the Act, section 24(3),
(e) an application that is required by the Authority under the Act, section 72I(7), definition of relevant application to be accompanied by a statement of risks and potential effects.
neighbouring premises, in relation to an application, means the following—
(a) for an application for which a statement of risks and potential effects is required to be submitted—a building situated on land within 100m of the proposed or current licensed premises to which the application applies,
(b) a building situated on land adjoining the boundary of the land on which the premises to which the application relates are or will be situated, or that would be land adjoining that boundary if it were not for a road separating the land,
(c) a building situated on land within 50m of the proposed or current licensed premises to which the application applies.
(2) In this Division, a reference to the premises to which an application relates is, in the case of an application for approval to remove a licence to other premises, a reference to the premises to which it is proposed to remove the licence.
cl 20: Am 2023 No 53, Sch 3[9]; 2024 (254), Sch 1[1]; 2026 (8), Sch 1[10]; 2026 (115), Sch 1[2].
21
Notification requirements for limited and full notification applications— the Act, s 72I(5)
21 Notification requirements for limited and full notification applications— the Act, s 72I(5)
21 Notification requirements for limited and full notification applications— the Act, s 72I(5)
(1) For the Act, section 72I(5)(a), the applicant must notify the following non-government stakeholders of the making of a limited or full notification application—
(a) for a limited notification application—the occupier of neighbouring premises,
(b) for a full notification application—
(i) the occupier of neighbouring premises, and
(ii) the recognised leaders or representatives of the local Aboriginal community in the local government area, if any,
(iii) local Aboriginal community, medical, health and social service organisations, if any,
(iv) for an application for an extended trading authorisation in relation to a hotel licence—any organisation located in the local government area in which the hotel is situated that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services, and
(v) the stakeholders determined by the Authority.
(2) For the Act, section 72I(5)(a), the Secretary must notify the following government stakeholders, if relevant, of the making of a limited or full notification application—
(a) for a limited notification application—
(i) the local consent authority, and
(ii) the local police, and
(iii) if the proposed licensed premises are, or will be, situated within 500m of the boundary of another local government area—the local consent authority for that other area, and
(iv) if the premises to which the application relates are, or will be, situated on Crown land within the meaning of the Crown Land Management Act 2016—the Minister administering that Act,
(b) for a full notification application—
(i) the local consent authority, and
(ii) the local police, and
(iii) the Centre for Alcohol and Other Drugs of the Ministry of Health, and
(iv) the local health district for the area in which the proposed licensed premises are situated, and
(v) the Department of Communities and Justice, and
(vi) Transport for NSW, and
(vii) if the proposed licensed premises are, or will be, situated within 500m of the boundary of another local government area—the local consent authority for that other area, and
(viii) if the premises to which the application relates are, or will be, situated on Crown land within the meaning of the Crown Land Management Act 2016—the Minister administering that Act.
(3) The notice must—
(a) be given no later than 2 working days after the application is made, and
(b) include a link to the NSW Government website where the application documents are located and public submissions may be made, and
(c) be in the form, and given in the way, approved by the Authority.
(4) An applicant for a packaged liquor licence, or for the removal of a packaged liquor licence, that is limited to the sale of liquor by the following means is not required to notify the occupier of neighbouring premises—
Notification requirements for other applications—the Act, s 40(4)(c), 51(2)(c)
22 Notification requirements for other applications—the Act, s 40(4)(c), 51(2)(c)
22 Notification requirements for other applications—the Act, s 40(4)(c), 51(2)(c)
(1) This clause applies to the following—
(a) an application by a licensee for the revocation or variation of a condition of the licence or a condition of a licence-related authorisation, other than a revocation or variation that would result in reduced trading hours,
(b) an application to vary the business or activity, or the kind of premises, specified in an on-premises licence,
(c) an application to carry on business on temporary premises,
(d) an application for a producer/wholesaler licence,
(e) an application for a pop-up licence,
(f) an application for a limited licence,
(g) an application for an extended trading authorisation, that is not a special occasion extended trading authorisation,
(h) an application for a drink on-premises authorisation,
(i) an application for a special drink on-premises authorisation,
(j) an application for an authorisation under the Act, section 24(3),
(k) an application for an on-premises licence that is not a full notification application,
(l) an application to remove an on-premises licence that is not a full notification application.
(2) The applicant must notify the occupier of neighbouring premises of the making of an application to which this clause applies.
(3) The Secretary must notify the following government stakeholders, if relevant, of the making of an application to which this clause applies—
(a) the local consent authority,
(b) the local police,
(c) if the premises to which the application relates are, or will be, situated on Crown land within the meaning of the Crown Land Management Act 2016—the Minister administering that Act,
(d) if the premises to which the application relates are, or will be, situated within 500m of the boundary of another local government area—the local consent authority for that other area.
Applications and authorisations that do not require notification to neighbouring premises
22A Applications and authorisations that do not require notification to neighbouring premises
22A Applications and authorisations that do not require notification to neighbouring premises
Despite clause 21 or 22, the requirement to notify the occupier of neighbouring premises of an application does not apply in relation to an application for—
(a) a producer/wholesaler licence, unless the application is made in conjunction with an application for the following—
(i) a special drink on-premises authorisation, or
(ii) a drink on-premises authorisation, or
(b) a pop-up licence, or
(c) a limited licence, or
(d) an authorisation, unless the authorisation is—
(i) an extended trading authorisation that is not a special occasion extended trading authorisation, or
(ii) a special drink on-premises authorisation, or
(iii) a drink on-premises authorisation, or
(iv) made under the Act, section 24(3).
cl 22A: Ins 2023 No 53, Sch 3[10]. Subst 2024 (254), Sch 1[5].
23
Notice relating to application to be fixed to premises
23 Notice relating to application to be fixed to premises
23 Notice relating to application to be fixed to premises
(1) If an application is made to the Authority, a notice relating to the application that is in the form approved by the Authority must, within 2 working days of making the application, be fixed by the applicant to the premises to which the application relates.
(2) The notice must be fixed to the premises until such time as the application is determined by the Authority.
(3) If premises have not been erected, the requirement to fix a notice relating to an application may be satisfied by fixing the notice to a notice board erected on the land on which it is proposed to erect the premises.
(4) A notice is not fixed to premises or land in accordance with this clause unless—
(a) it is fixed to the premises or land in such a position that it is legible to members of the public passing the premises or land, and
(b) if the Authority has directed that it also be fixed in another specified position—it is also fixed in that other position.
(5) This clause applies in relation to a licence-related authorisation only if it is—
(a) an extended trading authorisation, or
(b) a drink on-premises authorisation, or
(c) an authorisation under section 24(3) of the Act.
(6) This clause does not apply in relation to an application for a limited licence.
(1) This Division does not apply to or in respect of a small bar application if—
(a) development consent is required under the Environmental Planning and Assessment Act 1979 to use the premises to which the application relates as a small bar or to sell liquor during the times to which the application relates, and
(b) the local police and the Secretary are, no more than 2 working days after the application for the required development consent, or any variation to that application, is made, notified by the applicant of the making of the application for development consent or of the variation to that application.
(2) However, the Secretary must notify the local police of the making of a small bar application no later than 2 working days after the application is made.
(2A) A notice under subclause (2) must—
(a) include a link to the NSW Government website where the application documents are located and public submissions may be made, and
(b) be in the form, and given in the way, approved by the Authority.
(3) In this clause—
small bar application means any of the following—
(a) an application for a small bar licence,
(b) an application for approval to remove a small bar licence to other premises,
(c) an application for an extended trading authorisation for a small bar,
(d) an application to vary an extended trading authorisation for a small bar.
(4) Without limiting subclause (1), this Division does not apply to or in respect of an application for a small bar licence if—
(a) the application relates to the same premises as the premises to which a general bar licence relates, and
(b) development consent has been obtained under the Environmental Planning and Assessment Act 1979 to sell liquor during the times to which the application relates and those times are specified in the development consent.
cl 24: Am 2024 (254), Sch 1[6].
25
Exemption for restaurant licence applications made online
25 Exemption for restaurant licence applications made online
25 Exemption for restaurant licence applications made online
(1) This Division does not apply to or in respect of an application for an on-premises licence relating to a restaurant if the application results in the issuing of an interim restaurant authorisation under clause 36.
(2) However, a person who makes any such licence application must notify the local police and the local consent authority of the making of the application no later than 2 working days after the application is made.
26
Compliance with advertising requirements
26 Compliance with advertising requirements
26 Compliance with advertising requirements
(1) An applicant is taken to have complied with any of the requirements under this Division in relation to an application if the Authority is satisfied that the applicant has made all reasonable efforts to comply with the requirement.
(2) The Authority may also determine that a failure to comply with a requirement under this Division is to be disregarded for the purposes of this Division if the Authority is satisfied that the failure is of a minor or technical nature.
Division 1A
Relevant applications—the Act, s 72I(7)
Division 1A Relevant applications—the Act, s 72I(7)
Division 1A Relevant applications—the Act, s 72I(7)
pt 3, div 1A: Ins 2026 (115), Sch 1[4].
27
Relevant applications for statements of risks and potential effects
27 Relevant applications for statements of risks and potential effects
27 Relevant applications for statements of risks and potential effects
(1) For the Act, section 72I(7), definition of relevant application, the following are relevant applications—
(a) limited notification applications,
(b) full notification applications,
(c) applications required by the Authority to be accompanied by a statement of risks and potential effects.
(2) The applications set out in clauses 27A–27D are not relevant applications.
cl 27: Am 2020 No 40, Sch 4.2[3]. Subst 2023 No 53, Sch 3[11]. Am 2024 (254), Sch 1[7] [8]; 2026 (8), Sch 1[10] [11]. Rep 2026 (115), Sch 1[3]. Ins 2026 (115), Sch 1[4].
27A
Applications that are not relevant applications—various
27A Applications that are not relevant applications—various
27A Applications that are not relevant applications—various
An application is not a relevant application if—
(a) the application is—
(i) for a small bar licence, or
(ii) for approval to remove a small bar licence to other premises, or
(iii) for, or to vary, an extended trading authorisation for a small bar, unless the application, if granted, would result in trading on a regular basis at any time between 2am and 5am, and
(d) the times are specified in the development consent.
cl 27B: Ins 2026 (115), Sch 1[4].
27C
Applications that are not relevant applications—multi-occasion extended trading authorisations
27C Applications that are not relevant applications—multi-occasion extended trading authorisations
27C Applications that are not relevant applications—multi-occasion extended trading authorisations
(1) An application for a multi-occasion extended trading authorisation is not a relevant application if—
(a) an extended trading authorisation of the kind referred to in the Act, section 49(5)(a) is in force in relation to the licensed premises, or
(b) the application relates to club premises that have unrestricted on-premises trading hours in accordance with the Registered Clubs Act 1976, Schedule 2, clause 94, or
(c) the application relates to club premises and, within the period of 6 months before the application is made—
(i) the trading hours of the club premises have been reduced by a condition under the Act, section 47E, or
(ii) a request has been made by the club for a condition to be imposed under the Act, section 47E that would result in reduced trading hours, or
(iii) an ongoing extended trading authorisation for the club premises has, on application by the club, been revoked or varied so as to reduce the trading hours to no later than 1:30am, or
(iv) an application has been made by the club to reduce the trading hours to no later than 1:30am.
(2) An application for a multi-occasion extended trading authorisation is not a relevant application if—
(a) the application relates to licensed premises other than a small bar or club premises, and
(b) the trading hours of the premises at the time the application is made are equal to or more than the trading hours under the proposed extended trading authorisation.
cl 27C: Ins 2026 (115), Sch 1[4].
27D
Applications that are not relevant applications—airports
27D Applications that are not relevant applications—airports
27D Applications that are not relevant applications—airports
An application is not a relevant application if—
(a) the application relates to premises in a passenger terminal at an airport, within the meaning of the Act, Part 7A, and
(b) does not involve the transfer of the licence to premises not in the passenger terminal.
cl 27D: Ins 2026 (115), Sch 1[4].
28
Statements of risks and other potential effects to address matters relating to gambling activities in hotels during extended trading periods—the Act, s 72I(6)
28 Statements of risks and other potential effects to address matters relating to gambling activities in hotels during extended trading periods—the Act, s 72I(6)
28 Statements of risks and other potential effects to address matters relating to gambling activities in hotels during extended trading periods—the Act, s 72I(6)
For an application for an extended trading authorisation for a hotel licence, the matters to be addressed by a statement of risks and potential effects are to include matters relating to gambling activities on the licensed premises during the period the authorisation is proposed to be in force.
cl 28: Subst 2023 No 53, Sch 3[11]. Am 2026 (8), Sch 1[11].
28A
28A
28A (Repealed)
29
Preparation of statements of risks and potential effects—the Act, s 72I(2)
29 Preparation of statements of risks and potential effects—the Act, s 72I(2)
29 Preparation of statements of risks and potential effects—the Act, s 72I(2)
For the Act, section 72I(2)(b)(i), in preparing a statement of risks and potential effects, the applicant may, if the applicant considers it appropriate, consult with local consent authorities, community organisations and members of the public.
cl 29: Am 2019 (463), Sch 1 [5]; 2020 No 30, Schs 3.26[2], 4.36. Subst 2023 No 53, Sch 3[11]. Am 2026 (8), Sch 1[10] [11].
Division 3
General
Division 3 General
Division 3 General
30
Submissions in relation to applications
30 Submissions in relation to applications
30 Submissions in relation to applications
(1) Any person may, subject to this clause, make a submission to the Authority in relation to any application that is made to the Authority under the Act.
(2) Any such submission must—
(a) specify details of the application to which the submission relates, and
(b) be made within 30 days of the date on which the application was made, or such shorter period as the Authority may determine in any particular case.
(3) In the case of an application for an on-premises licence relating to a restaurant that is made online and is not required to be accompanied by a statement of risks and potential effects under the Act, section 72I, submissions must be made within 14 days of the date on which the application was made.
(4) In the case of an application for any of the following licences, submissions must be made within 14 days of the date on which the application was made, or such shorter period as the Authority may determine in any particular case—
(a) a limited licence or a pop-up licence,
(b) a special occasion extended trading authorisation,
(c) an authorisation under section 14(6) of the Act (relating to hotel functions on other premises),
(d) a drink on-premises authorisation that is, in the opinion of the Authority, of a temporary nature.
(5) Despite subclauses (2)–(4), the Authority may, in such cases as the Authority thinks fit, extend the period in which persons may make submissions in relation to any particular application or class of applications.
(6) This clause does not apply in relation to an application for an on-premises licence relating to a restaurant if the application results in the issuing of an interim restaurant authorisation under clause 36.
The Authority is not, under section 42 of the Act, required to refer any of the following applications to the Secretary—
(a) an application for a single function limited licence,
(b) an application that is to be determined by a designated Public Service employee (within the meaning of section 3(1) of the Gaming and Liquor Administration Act 2007) acting under a delegation given by the Authority in respect of the application.
33
Advertising of other applications
33 Advertising of other applications
33 Advertising of other applications
(1) If an application (other than an application to which Division 1 applies) is made to the Authority, the Authority may require the application to be advertised in such manner as the Authority considers appropriate.
(2) The Authority may refuse to determine any such application unless it has been advertised in accordance with any requirement.
34
Applications for certain licence-related authorisations
34 Applications for certain licence-related authorisations
34 Applications for certain licence-related authorisations
(1) This clause applies in relation to an application for any of the following—
(a) an extended trading authorisation (other than a special occasion extended trading authorisation),
(b) a drink on-premises authorisation,
(c) an authorisation under section 24(3) of the Act.
(2) An application to which this clause applies must demonstrate, to the satisfaction of the Authority, that—
(a) practices are in place, and will remain in place, at the licensed premises to which the application relates 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) if a planning approval is required to use the licensed premises in accordance with the licence-related authorisation concerned—the required planning approval is in force.
35
Information relating to persons interested in licensee’s business
35 Information relating to persons interested in licensee’s business
35 Information relating to persons interested in licensee’s business
Section 41 of the Act does not apply in relation to an application for a limited licence.
pt.3-div.4-sdiv.1 Interim small bar authorisations
Subdivision 1 Interim small bar authorisations
pt 3, div 4, sdiv 1: Ins 2020 No 40, Sch 4.2[4].
35A
Issue of interim small bar authorisation to applicants for small bar licence
35A Issue of interim small bar authorisation to applicants for small bar licence
35A Issue of interim small bar authorisation to applicants for small bar licence
(1) A person who applies for a small bar licence is, when the application is made, to be issued with an interim small bar authorisation by the Secretary if—
(a) the application is made online, and
(b) the application is not required to be accompanied by a statement of risks and potential effects under the Act, section 72I, and
(c) the application is, except to the extent provided by this clause, made in accordance with sections 40 and 41 of the Act, and
(d) any planning approval required to use the premises for the purposes of a small bar is in force, and
(e) the application for the planning approval was subject to a public consultation process under the Environmental Planning and Assessment Act 1979 and indicated that the premises are intended to operate as a small bar.
(2) However, the applicant is not to be issued with an interim small bar authorisation in respect of the premises to which the application relates if—
(a) any interim small bar authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or
(b) an application for a small bar licence in respect of the premises has been refused during that 12-month period.
(3) The Secretary may, by notice in writing to the applicant, require the applicant to provide any information the Secretary requires in relation to the matters referred to in subclause (1).
(4) If the applicant does not comply with a request by the Secretary under subclause (3) within 30 days from the giving of the notice, the Secretary may revoke the interim small bar authorisation issued to the applicant.
(5) The Secretary may issue an applicant with an interim small bar authorisation if—
(a) the applicant’s application for a small bar licence was made in accordance with the Act but not determined before the commencement of this clause, and
(b) any planning approval required to use the premises for the purposes of a small bar is in force, and
(c) the application for the planning approval was subject to a public consultation process under the Environmental Planning and Assessment Act 1979 that indicated that the premises were intended to operate as a small bar.
(6) An interim small bar authorisation is to be in the form approved by the Secretary.
cl 35A: Ins 2019 (126), Sch 1 [7] (disallowed, Legislative Council, 26.9.2019); 2020 No 40, Sch 4.2[4]. Am 2023 No 53, Sch 3[14]; 2026 (8), Sch 1[10].
35B
Effect of interim small bar authorisation
35B Effect of interim small bar authorisation
35B Effect of interim small bar authorisation
(1) While an interim small bar authorisation is in force, the person to whom the authorisation is issued, and any employee or agent of that person, is exempt from section 7 of the Act to the extent that the section prohibits the person, employee or agent from selling liquor on the premises to which the authorisation relates.
(2) Subclause (1) is subject to the following requirements—
(a) the sale of liquor on the premises to which the authorisation relates and the operation of those premises must comply with the licence conditions under the Act and this Regulation that would apply in relation to the premises if they were a small bar,
(b) any person selling liquor on the premises to which the authorisation relates must hold a recognised competency card with a current RSA endorsement under Part 5,
(c) for an interim small bar authorisation issued under clause 35A(5), liquor cannot be sold on the premises unless the local police and the local consent authority have been given at least the following period of notice before trading starts—
(i) 2 days,
(ii) the longer period stated in the authorisation.
(3) For the purposes of the Act and this Regulation, while an interim small bar authorisation is in force—
(a) the premises to which the authorisation relates are taken to be licensed premises, and
(b) the person to whom the authorisation is issued is taken to be the licensee of those premises.
(4) Subclause (3) does not apply in relation to Division 3 of Part 4 of the Act or to any other provisions of the Act or this Regulation that the Secretary may determine by written order.
(5) The 6-hour closure period under section 11A of the Act that, in accordance with subclause (2)(a), applies to the premises to which an interim small bar authorisation relates is the period from 4 am to 10 am.
cll 35B: Ins 2020 No 40, Sch 4.2[4].
35C
Period of authorisation
35C Period of authorisation
35C Period of authorisation
(1) Unless the authorisation is revoked by the Secretary, an interim small bar authorisation continues to be in force until the licence application in relation to which the authorisation was issued is determined by the Authority in accordance with the Act.
(2) The Secretary may revoke an interim small bar authorisation at any time if the Secretary is satisfied that—
(a) the requirements or other matters referred to in clause 35A(1) or (5) were not complied with, or were not applicable to the licence application, at the time the authorisation was issued, or
(b) any requirement referred to in clause 35B(2) has not been complied with in respect of the premises to which the authorisation relates.
cll 35C: Ins 2020 No 40, Sch 4.2[4].
pt.3-div.4-sdiv.2
Other miscellaneous matters
pt.3-div.4-sdiv.2 Other miscellaneous matters
Subdivision 2 Other miscellaneous matters
pt 3, div 4, sdiv 2, hdg: Ins 2020 No 40, Sch 4.2[4].
36
Issue of interim restaurant authorisation to applicants for restaurant licence
36 Issue of interim restaurant authorisation to applicants for restaurant licence
36 Issue of interim restaurant authorisation to applicants for restaurant licence
(1) A person who makes an application for an on-premises licence relating to a restaurant is, when the application is made, to be issued with an interim restaurant authorisation by the Secretary if—
(a) the application is made online, and
(b) the application is not required to be accompanied by statement of risks and potential effects under the Act, section 72I, and
(c) the application is, except to the extent provided by this clause, made in accordance with sections 40 and 41 of the Act, and
(d) any planning approval required to use the premises for the purposes of a restaurant is in force, and
(e) the application for the planning approval was subject to a public consultation process under the Environmental Planning and Assessment Act 1979 and indicated that the premises are intended to operate as a licensed restaurant.
(2) However, the person making the licence application is not to be issued with an interim restaurant authorisation in respect of the premises to which the application relates if—
(a) any interim restaurant authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or
(b) an application for an on-premises licence in respect of the premises has been refused during that 12-month period.
(3) The Secretary may, by notice in writing to the person making the licence application, require the person to provide such information as the Secretary requires in relation to matters referred to in subclause (1). If any such information is not provided within 30 days from the giving of the notice the Secretary may revoke the interim restaurant authorisation issued to the person.
(4) If—
(a) an application for an on-premises licence relating to a restaurant was made in accordance with the Act before the commencement of this clause but was not determined before that commencement, and
(b) the application was not required to be accompanied by statement of risks and potential effects under the Act, section 72I, and
(c) any planning approval required to use the premises for the purposes of a restaurant is in force, and
(d) the application for the planning approval was subject to a public consultation process under the Environmental Planning and Assessment Act 1979 and indicated that the premises are intended to operate as a licensed restaurant,
the Secretary may issue the licence applicant with an interim restaurant authorisation.
(5) An interim restaurant authorisation under this clause is to be in the form approved by the Secretary.
(6) While an interim restaurant authorisation under this clause is in force, the person to whom the authorisation is issued, and any employee or agent of that person, is exempt from so much of section 7 of the Act as would prohibit the person, employee or agent from selling liquor on the premises to which the authorisation relates.
(7) Subclause (6) is subject to the following requirements—
(a) the sale of liquor on the premises to which the authorisation relates and the operation of those premises must comply with the licence conditions under the Act and this Regulation that would apply in relation to the premises if they were a licensed restaurant,
(b) any person selling liquor on the premises to which the authorisation relates must hold a recognised competency card with a current RSA endorsement under Part 5,
(c) in the case of an interim restaurant authorisation issued under subclause (4), liquor cannot be sold on the premises unless the local police and the local consent authority have been given at least the following notice before trading starts—
(i) 2 days,
(ii) the longer period stated in the authorisation.
(8) The Secretary may revoke an interim restaurant authorisation at any time if the Secretary is satisfied that—
(a) the requirements or other matters referred to in subclause (1) or (4) (as the case requires) were not complied with, or were not applicable to the licence application, at the time the authorisation was issued, or
(b) any requirement referred to in subclause (7) has not been complied with in respect of the premises to which the authorisation relates.
(9) While an interim restaurant authorisation is in force—
(a) the premises to which the authorisation relates are taken to be licensed premises, and
(b) the person to whom the authorisation is issued is taken to be the licensee of those premises,
for the purposes of the Act and this Regulation.
(10) Subclause (9) does not apply in relation to Division 3 of Part 4 of the Act or to such other provisions of the Act or this Regulation as the Secretary may determine by order in writing.
(11) Unless it is revoked by the Secretary, an interim restaurant authorisation continues to be in force until the licence application in respect of which the authorisation was issued is determined by the Authority in accordance with the Act.
(12) The 6-hour closure period under section 11A of the Act that, in accordance with subclause (7)(a), applies to the premises to which an interim restaurant authorisation relates is the period from 4 am to 10 am.
cl 36: Am 2018 (781), Sch 1 [4]; 2020 No 40, Sch 4.2[5]; 2023 No 53, Sch 3[15]; 2026 (8), Sch 1[10].
37
Special drink on-premises authorisations for micro-breweries and small distilleries
37 Special drink on-premises authorisations for micro-breweries and small distilleries
37 Special drink on-premises authorisations for micro-breweries and small distilleries
(1) The Authority may, on an application under section 50 of the Act for a drink on-premises authorisation relating to a micro-brewery or small distillery, grant the authorisation subject to a condition that the authorisation authorises the licensee to sell liquor by retail on the licensed premises, for consumption on the licensed premises, if all of the following apply—
(a) the applicant carries on business as a producer of beer, cider or spirits,
(b) the liquor is not sold on any day of the week (other than on 31 December in any year until 2 am on the next succeeding day, or on a restricted trading day)—
(i) outside the standard trading period for that day, or
(ii) if the licensee holds an extended trading authorisation in relation to the licence—
(A) outside the period authorised by the authorisation, and
(B) between 2 am and 5 am, despite the authorisation and despite section 50(2)(a) of the Act,
(c) 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,
(d) the number of patrons on the premises does not exceed 120,
(e) any spirits sold for consumption on the premises are the licensee’s product (within the meaning of section 33 of the Act),
(f) if the licensee is a producer of beer or cider (or both)—any beer or cider sold for consumption on the premises is the licensee’s product (within the meaning of section 33 of the Act).
(2) No application fee is payable in respect of an application under this clause made before 1 September 2020.
(1) In this clause, large-scale commercial event application means an application for any of the following in relation to a function or event that is open to the public and that is to be attended by (or has a patron capacity of) 2,000 persons or more on any day—
(a) a limited licence in respect of a function that is a trade fair,
(b) a limited licence for a special event,
(c) an authorisation under section 14(6) of the Act to sell liquor on other premises.
(2) If a large-scale commercial event application is made later than 28 days before the relevant function or event is to begin—
(a) a late application fee of 1.1 fee units is payable in addition to the relevant application fee, and
(b) the Authority may grant the licence or authorisation only if the Authority is satisfied that it has sufficient time to consider the merits of the application.
Part 4
Licences and licensed premises
Part 4 Licences and licensed premises
Part 4 Licences and licensed premises
39
Small bars—maximum number of patrons
39 Small bars—maximum number of patrons
39 Small bars—maximum number of patrons
For the purposes of section 20C(1) of the Act, the prescribed number is 120.
cl 39: Am 2019 (589), Sch 1[2].
40
General and small bar licences—prohibition on gambling
40 General and small bar licences—prohibition on gambling
40 General and small bar licences—prohibition on gambling
It is a condition of a general bar licence or a small bar licence that the licensed premises cannot be used—
(a) to conduct a totalizator, or to conduct any betting activity, under the authority of a licence granted under the Totalizator Act 1997, or
(b) to conduct a public lottery (within the meaning of the Public Lotteries Act 1996) authorised under that Act.
Note.
Keno is a form of public lottery.
41
Licensed cinemas and theatres
41 Licensed cinemas and theatres
41 Licensed cinemas and theatres
Sections 123–126 of the Act do not apply to or in respect of a licensed public entertainment venue that is a cinema or a theatre.
42
Incident registers
42 Incident registers
42 Incident registers
For the purposes of section 72L(2)(d) of the Act, the following are prescribed as incidents that must be recorded in the incident register required to be maintained under that section—
(a) any incident that results in a patron of the relevant licensed premises requiring medical assistance,
(b) any incident that involves the possession or use on the premises of any substance that the licensee suspects of being a prohibited plant or a prohibited drug.
cl 42: Am 2026 (8), Sch 1[13].
43
Closure of licensed premises by Authority
43 Closure of licensed premises by Authority
43 Closure of licensed premises by Authority
For the purposes of section 84(5) of the Act, the Authority cannot require the closure of premises for a period of more than 6 months.
44
Availability of licence and licence-related authorisations
44 Availability of licence and licence-related authorisations
44 Availability of licence and licence-related authorisations
(1) This clause applies to any staff member of licensed premises who—
(a) sells, supplies or serves liquor on the licensed premises, or
(b) carries on any security activity (such as a crowd controller or bouncer) on or about the licensed premises, or
(c) exercises any functions under the Act or this Regulation.
(2) It is a condition of a licence that a copy of each of the following are available at all times for the information of the staff members of the licensed premises to which this clause applies—
(a) the licence,
(b) any licence-related authorisation held in relation to the licence,
(c) any conditions imposed by the Authority or the Secretary on the licence or the authorisation.
44A
Neighbouring premises for live entertainment—Schedule 1 to the Act
44A Neighbouring premises for live entertainment—Schedule 1 to the Act
44A Neighbouring premises for live entertainment—Schedule 1 to the Act
For the purposes of the definition of neighbouring premises in clause 70(4) of Schedule 1 to the Act, neighbouring premises has the same meaning as in clause 20(1) of this Regulation.
cl 44A: Ins 2019 (126), Sch 1 [8] (disallowed, Legislative Council, 26.9.2019). Ins 2020 No 40, Sch 4.2[6].
44B
Small bars—prohibition of use for adult relaxation entertainment
44B Small bars—prohibition of use for adult relaxation entertainment
44B Small bars—prohibition of use for adult relaxation entertainment
It is a condition of a small bar licence that the licensed premises cannot be used to operate as a facility regularly used for adult relaxation entertainment (including adult entertainment of a sexual nature).
cl 44B: Ins 2021 (61), Sch 1[2].
44C
44C
44C (Repealed)
45
45
45 (Repealed)
46
Authorisation to trade on premises other than licensed premises
46 Authorisation to trade on premises other than licensed premises
46 Authorisation to trade on premises other than licensed premises
(1) In this clause—
commercial catering business means a business that provides catering services—
(a) for functions, occasions or events that are by invitation only, or
(b) for fee, gain or reward.
relevant authorisation means an authorisation under section 25(6) of the Act to sell liquor on premises other than the licensed premises to which an on-premises licence relates.
(2) A relevant authorisation may be granted by the Authority only for the purposes of authorising the licensee to sell liquor—
(a) in the case of a licensee who carries on a commercial catering business—on any premises in respect of which the licensee provides catering services, or
(b) to a person who is participating in a commercial tour operated by the licensee or a related corporation of the licensee.
(3) A relevant authorisation is subject to the condition that food of a nature consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on any premises in accordance with the authorisation.
(4) A relevant authorisation that is held by a licensee who carries on a commercial catering business is subject to the following conditions—
(a) the licensee must give written notice of any proposal to provide catering services at a function to be held under the authorisation to the Secretary, the local police and the local council for the area in which the function is to be held,
(b) the notice must include the following details—
(i) the address of the premises on which the function is to be held,
(ii) the name of the occupier of those premises,
(iii) the nature of the function,
(iv) the number of persons for whom catering services are to be provided at the function,
(v) the date on which, and the hours during which, the function is to be held,
(c) the notice must be given—
(i) in the case of a function that is open to the public and at which catering services are to be provided to 2,000 persons or more on any day—not less than 28 days before the date on which the function is to be held, and
(ii) in any other case—not less than 14 days before the date on which the function is to be held,
(d) the licensee must not sell or supply liquor on any premises in respect of which an application by any person for any of the following has been refused by the Authority within the previous 2 years—
(i) a licence,
(ii) the removal of a licence to those premises,
(iii) an extended trading authorisation.
(5) Despite subclause (4), a relevant authorisation is not subject to the conditions specified in subclause (4)(a)–(c) in relation to the following—
(a) a function that is not open to the public and that is attended, or that is to be attended, by 100 persons or less,
(b) if the relevant authorisation relates to licensed premises at the Opera House (within the meaning of the Sydney Opera House Trust Act 1961)—a function held within the Opera House at which the licensee provides catering services.
cl 46: Am 2023 No 53, Sch 3[16].
46A
Authorisation to sell liquor for consumption away from licensed premises—the Act, s 25A(6)
46A Authorisation to sell liquor for consumption away from licensed premises—the Act, s 25A(6)
46A Authorisation to sell liquor for consumption away from licensed premises—the Act, s 25A(6)
(1) An authorisation may be given under the Act, section 25A only if—
(a) the liquor is purchased together with a genuine meal that is being taken away or delivered for consumption away from the licensed premises, and
(b) each customer’s order is limited to the type and quantity of liquor specified in subclause (2).
(2) For the Act, section 25A(6)(b), authorised licensed premises must limit each customer’s order to—
(a) for a licensed restaurant—
(i) 1 bottle of wine where the volume of the packaged liquor is not more than 750mL, or
(ii) not more than 6 containers of beer, cider or ready-to-drink alcoholic beverages where the volume of the packaged liquor is not more than 2,250mL, or
(iii) not more than 4 containers of house-made cocktails where the volume of the packaged liquor is not more than 1,000mL, or
(b) for a small bar—
(i) 1 bottle of wine where the volume of the packaged liquor is not more than 750mL, or
(ii) not more than 6 containers of beer, cider or ready-to-drink alcoholic beverages where the volume of the packaged liquor is not more than 2,250mL.
(3) In this clause—
house-made cocktail means an alcoholic beverage mixed on the licensed premises.
ready-to-drink alcoholic beverage means an alcoholic beverage that is not mixed on the licensed premises.
cl 46A: Ins 2023 No 53, Sch 3[17]. Am 2026 (8), Sch 1[15].
47
Authorisation to sell liquor for consumption away from licensed premises
47 Authorisation to sell liquor for consumption away from licensed premises
47 Authorisation to sell liquor for consumption away from licensed premises
(1) An authorisation under section 26 of the Act to sell liquor for consumption away from the premises to which an on-premises licence relates may be granted by the Authority only if—
(a) the licence is held by or on behalf of a non-proprietary association and the Authority is satisfied that the licensed premises promote tourism or industry in the local area in which the premises are situated, or
(b) the licensed premises are situated in or on a facility that is under the control or management of a public authority (whether or not the licence is held by or on behalf of the public authority).
(2) An authorisation under section 26 of the Act is subject to the following conditions—
(a) in the case of licensed premises referred to in subclause (1)(a)—liquor may only be sold for consumption away from the premises if it has been produced in the local area in which the premises are situated,
(b) in the case of licensed premises referred to in subclause (1)(b)—liquor may only be sold for consumption away from the premises if it is a souvenir liquor product of the public authority concerned.
(3) An authorisation under section 26 of the Act cannot authorise the sale of liquor between midnight and 5 am.
(4) An authorisation under section 26 of the Act cannot be granted if the premises to which the on-premises licence relates are a vessel, an aircraft or any moving vehicle.
(5) For the purposes of subclause (2)(b), liquor is a souvenir liquor product of a public authority only if—
(a) the bottle or other container in which the liquor is contained is, with the permission of the public authority, marked with the name, logo or other distinguishing feature of the public authority or the facility in or on which the licensed premises are situated, and
(b) it is promoted primarily as a souvenir of the public authority or that facility, and
(c) it is sold or made available for sale with the permission of the public authority.
(6) In this clause—
facility means a facility (including any building or land) that is operated or used for a cultural, sporting, recreational, educational or scientific purpose.
public authority means each of the following—
(a) a statutory body representing the Crown, including a NSW Government agency to which the Interpretation Act 1987, section 13A applies,
The Authority may impose either or both of the following kinds of conditions on an on-premises licence relating to a food court—
(a) conditions requiring a minimum number of food outlets to be open in the food court whenever liquor is sold or supplied under the authority of the licence,
(b) conditions requiring food to be made available by the licensee to patrons of the food court whenever liquor is sold or supplied under the authority of the licence.
cl 47A: Ins 2019 (463), Sch 1 [9].
48
Licensed vessels
48 Licensed vessels
48 Licensed vessels
(1) It is a condition of an on-premises licence that relates to a vessel that the licensee must not (except as provided by this clause) cause or permit any passenger to board from or disembark to any part of the Sydney CBD Entertainment precinct (whether from the berthed vessel or by a tender or other means) during the general late trading period.
(2) The Secretary may, on application by a licensee, by order in writing exempt the licensee from the application of subclause (1) during a period or in the circumstances specified in the order.
(3) Subclause (1) does not apply in relation to the period between midnight and 3 am on 1 January in any year.
Division 2A
Pop-up licences
Division 2A Pop-up licences
Division 2A Pop-up licences
pt 4, div 2A: Ins 2019 (125), Sch 1 [4].
48A
Definitions
48A Definitions
48A Definitions
In this Division—
pop-up bar means premises to which a pop-up licence (bar) applies.
pop-up licence means a pop-up licence (bar), pop-up licence (event) or pop-up licence (promotion).
pop-up licence (bar) means a licence issued under this Division for the purposes of the sale or supply of liquor by retail for consumption on the licensed premises.
pop-up licence (event) means a licence issued under this Division for the purposes of the sale or supply of liquor by retail for consumption on the licensed premises in connection with an event and the sale or supply of liquor is ancillary to the purpose for which the event is held.
pop-up licence (promotion) means a licence issued under this Division to a holder of a producer/wholesaler licence who carries on business as a producer of liquor, for the purposes of the sale or supply of the liquor (the licensee’s product)—
(a) for consumption on the licensed premises for the purpose of tasting, or
(b) if the licensee’s product is supplied in sealed containers—for consumption away from the licensed premises.
cl 48A: Ins 2019 (125), Sch 1 [4]. Am 2020 (610), Sch 1[2] [3].
48B
Authorisation conferred by pop-up licence
48B Authorisation conferred by pop-up licence
48B Authorisation conferred by pop-up licence
(1) For the purposes of section 10(1)(g) of the Act, a pop-up licence is prescribed as a type of licence.
(2) A pop-up licence (bar) or pop-up licence (event) authorises the licensee to sell or supply liquor on the licensed premises for consumption on the licensed premises on the day or days specified in the licence.
(3) The authorisation conferred by a pop-up licence (event) does not apply unless the sale or supply of liquor is in connection with an event and the sale or supply of liquor is ancillary to the purpose for which the event is held.
(4) A pop-up licence (promotion) authorises the licensee, on the day or days specified in the licence, to sell or supply the licensee’s product—
(a) for consumption on the licensed premises for the purpose of tasting, or
(b) if the licensee’s product is supplied in sealed containers—for consumption away from the licensed premises.
cl 48B: Ins 2019 (125), Sch 1 [4]. Am 2020 (610), Sch 1[4]–[6].
48C
Grant of pop-up licences
48C Grant of pop-up licences
48C Grant of pop-up licences
(1) The Authority may grant a pop-up licence only if the Authority is satisfied that—
(a) the licence will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises, and
(b) the proposed pop-up bar, event or promotion will have a social or economic benefit for the community in the area in which the pop-up bar, event or promotion is located by—
(i) encouraging more diverse and vibrant social, cultural or business activities on the days of the pop-up bar, event or promotion, or
(ii) increasing the activation of, or revitalising, local places and spaces in the area in which the pop-up bar, event or promotion is located, or
(iii) encouraging outdoor dining to create vibrant local communities and additional opportunities for businesses.
(2) The Authority may grant a pop-up licence for a period of up to 12 weeks and must specify in the licence the day or days on which the pop-up bar, event or promotion may operate under the licence during that period.
(2A) The Authority may extend the period of a pop-up licence for a further period of up to 12 weeks if—
(a) the pop-up licence is used for outdoor dining and the sale of liquor with (or ancillary to) outdoor dining, and
(b) the Authority is satisfied that it is appropriate because special circumstances exist.
Example of ‘special circumstances’—
circumstances involving a natural disaster or recovery from a natural disaster
(3) A pop-up licence is not to be granted if the Authority is of the opinion that—
(a) the sale or supply of liquor under the licence would more appropriately be provided under another type of licence, or
(b) the pop-up bar, event or promotion is not temporary or infrequent.
(4) A pop-up licence (event) is not be granted unless the Authority is of the opinion that the applicant has made appropriate arrangements to ensure that the number of patrons does not exceed 300 or the maximum number of patrons proposed to be specified in a condition imposed by the Authority.
cl 48C: Ins 2019 (125), Sch 1 [4]. Am 2020 (610), Sch 1[7]–[13].
48D
Conditions of pop-up licences
48D Conditions of pop-up licences
48D Conditions of pop-up licences
(1) Liquor may only be sold or supplied under a pop-up licence if—
(a) in relation to a pop-up licence (bar)—the number of patrons on the licensed premises does not exceed100 or any lesser maximum number of patrons as may be specified by a condition imposed by the Authority, or
(b) in relation to a pop-up licence (event)—the licensee has complied with the arrangements referred to in clause 48C(4) and the number of patrons at the event does not exceed the maximum number of patrons specified (if any) by a condition imposed by the Authority.
(2) Liquor may only be sold or supplied under a pop-up licence—
(a) in relation to a pop-up bar—between 10 am and midnight on any day or any shorter period as may be specified by a condition imposed by the Authority, or
(b) in relation to an event—between 8 am and midnight on any day or any shorter period as may be specified by a condition imposed by the Authority, or
(c) in relation to a promotion—between 8 am and midnight on any day or any shorter period as may be specified by a condition imposed by the Authority.
(2A) Despite subclause (2), liquor may be sold or supplied under a pop-up licence (bar) or pop-up licence (event) for a period until 2 am on any day if—
(a) the licence is used for outdoor dining and the sale of liquor with (or ancillary to) outdoor dining, and
(b) the Authority has provided written approval for the licensee to sell or supply liquor for the period.
(2B) Liquor may only be sold or supplied under a pop-up licence (promotion) if the liquor is not sold or supplied as—
(a) a drink that is designed to be consumed rapidly (commonly referred to as a “shot”, a “shooter” or a “bomb”), or
(b) a ready to drink beverage with an alcohol by volume content of more than 5%.
(3) (Repealed)
cl 48D: Ins 2019 (125), Sch 1 [4]. Am 2020 (610), Sch 1[14]–[16]; 2022 No 26, Sch 2.17.
48E
48E
48E (Repealed)
48F
Exemption from provisions of the Act and this Regulation
48F Exemption from provisions of the Act and this Regulation
48F Exemption from provisions of the Act and this Regulation
(1) Section 41 of the Act does not apply in relation to an application for a pop-up licence.
(2) Clause 23 does not apply in relation to an application for a pop-up licence.
cl 48F: Ins 2019 (125), Sch 1 [4].
49
Name of licensed premises
49 Name of licensed premises
49 Name of licensed premises
The sign required by section 95(1) of the Act to appear and be maintained on the front of licensed premises must—
(a) appear and be maintained in such a manner that it may be read from the part of a public place to which the front of the premises abuts, and
(b) include the name of the licensee, and
(c) in the case of a hotel licence that is designated as a general bar licence—indicate that the licence for the premises is a general bar licence, and
(d) in the case of an on-premises licence—indicate either the business or activity carried out on the licensed premises or the kind of licensed premises to which the licence relates.
50
Sale or supply of liquor to minors prohibited (licensed premises)
50 Sale or supply of liquor to minors prohibited (licensed premises)
50 Sale or supply of liquor to minors prohibited (licensed premises)
(1) A licensee must, in accordance with this clause, display a notice on the licensed premises that informs a person on or at the premises that it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
Maximum penalty—20 penalty units.
(2) The notice must be in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.
(3) The notice must—
(a) be clearly legible and in good condition, and
(b) be prominently displayed—
(i) in the case of premises where liquor is sold at a bar or counter—at the bar or counter, in a manner and position so that a person standing at the bar or counter would reasonably be expected to be alerted to its contents, and
(ii) in the case of premises where liquor is not sold at a bar or counter but is otherwise sold—at or near every entrance by which members of the public may enter the premises, in a manner and position so that a person coming in by the entrance would reasonably be expected to be alerted to its contents.
cl 50: Am 2020 No 30, Sch 3.26[3]; 2020 No 40, Sch 4.2[7] [9]; 2021 (61), Sch 1[3].
51
Sale or supply of liquor to minors prohibited (Internet site)
51 Sale or supply of liquor to minors prohibited (Internet site)
51 Sale or supply of liquor to minors prohibited (Internet site)
(1) A licensee who offers liquor for sale through an Internet site or by other electronic means must, in accordance with this clause, display a notice on the site or other electronic means that informs a person accessing the site or electronic means that it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
Maximum penalty—20 penalty units.
(2) The notice must use the wording approved by the Secretary.
(3) The notice must be prominently displayed on the site or other electronic means—
(a) at all times while the site or electronic means is accessible, and
(b) in lettering big enough, and in a sufficient position, to ensure that a person accessing the site or electronic means would reasonably be expected to be alerted to its contents.
cl 51: Subst 2020 No 40, Sch 4.2[10].
52
Minors prohibited in bar areas of hotels and clubs
52 Minors prohibited in bar areas of hotels and clubs
52 Minors prohibited in bar areas of hotels and clubs
(1) In this clause—
bar area means the bar area of hotel or club premises.
(2) A licensee must, in accordance with this clause, display a notice in the bar area of the hotel or club premises concerned which informs a person entering the area that persons under the age of 18 years are not permitted in the bar area by law.
Maximum penalty—20 penalty units.
(3) The notice must be in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.
(4) The notice must—
(a) be clearly legible and in good condition, and
(b) be displayed in the manner and place that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.
cl 52: Am 2018 (781), Sch 1 [6]; 2020 No 30, Sch 3.26[3]; 2020 No 40, Sch 4.2[11] [12]; 2021 (61), Sch 1[3].
53
Minors prohibited in small bars during certain hours
53 Minors prohibited in small bars during certain hours
53 Minors prohibited in small bars during certain hours
(1) A licensee of a small bar who has been granted a minors authorisation must, in accordance with this clause, display a notice on the licensed premises that contains information about the times minors—
(a) are permitted on the premises in the company of a responsible adult, and
(b) are permitted on the premises without being in the company of a responsible adult, and
(c) are not permitted on the premises.
Maximum penalty—20 penalty units.
(2) A licensee of a small bar that regularly provides meals and that has not been granted a minors authorisation must, in accordance with this clause, display a notice on the licensed premises which contains information about—
(a) the times minors are permitted on the premises in the company of a responsible adult, and
(b) the times minors are not permitted on the premises.
Maximum penalty—20 penalty units.
(3) The licensee of any of the following small bars must, in accordance with this clause, display a notice on the licensed premises which informs persons at the premises that minors are not permitted on the premises during liquor trading hours—
(a) a small bar that the Authority has declared off-limits to minors,
(b) a small bar that does not regularly provide meals in accordance with the Act or does not have a minors authorisation,
(c) a small bar that does regularly provide meals in accordance with the Act but does not wish to allow minors in the company of a responsible adult on the premises.
Maximum penalty—20 penalty units.
(4) The notice must be in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.
(5) The notice must—
(a) be clearly legible and in good condition, and
(b) be displayed in a manner and in a place that a person entering the licensed premises would reasonably be expected to be alerted to its contents.
cl 53: Am 2018 (781), Sch 1 [6]; 2020 No 30, Sch 3.26[3]. Subst 2020 No 40, Sch 4.2[13]. Am 2022 No 59, Sch 3.40[2].
54
Minors to be accompanied by adult in certain areas of hotels and licensed public entertainment venues
54 Minors to be accompanied by adult in certain areas of hotels and licensed public entertainment venues
54 Minors to be accompanied by adult in certain areas of hotels and licensed public entertainment venues
(1) A hotelier must display a notice, in accordance with this clause, in any area of the hotel to which a minors area authorisation relates.
Maximum penalty—20 penalty units.
(2) The holder of an on-premises licence that relates to a public entertainment venue (other than a cinema or a theatre) must display a notice, in accordance with this clause, in any area of the licensed premises in which entertainment is provided.
Maximum penalty—20 penalty units.
(3) The notice must inform a person entering the part of the premises in which the notice is displayed that persons under the age of 18 years in the area must be in the company of a responsible adult by law.
(4) The notice must be in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.
(5) The notice must—
(a) be clearly legible and in good condition, and
(b) be displayed in the manner and place that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.
cl 54: Am 2018 (781), Sch 1 [6]; 2020 No 30, Sch 3.26[3]; 2020 No 40, Sch 4.2[14]–[16]; 2021 (61), Sch 1[3].
55
Breath analysis instruments
55 Breath analysis instruments
55 Breath analysis instruments
For the purposes of section 97(4) of the Act, the following requirements are prescribed in relation to the sign that must be displayed on or in close proximity to any breath analysis instrument installed on licensed premises—
(a) the sign must be clearly legible and in good condition and so positioned that its contents can be easily read by a person using the instrument,
(b) the sign must contain information about the following matters in print of a type size and character that will be clearly legible to a person using the equipment—
(i) that the sign contains important information about breath testing,
(ii) that readings given by breath analysis instruments are not accepted by Police or the Courts,
(iii) that a person’s blood alcohol level can rise for 1 hour or more after a person’s last drink,
(c) the sign must be in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.
cl 55: Am 2020 No 40, Sch 4.2[17]; 2022 No 59, Sch 3.40[2].
55A
Minors to be accompanied by adult in areas related to packaged liquor licences and areas dedicated to the sale of liquor
55A Minors to be accompanied by adult in areas related to packaged liquor licences and areas dedicated to the sale of liquor
55A Minors to be accompanied by adult in areas related to packaged liquor licences and areas dedicated to the sale of liquor
(1) This clause applies to the following areas of licensed premises—
(a) an area related to a packaged liquor licence,
(b) an area dedicated to the sale of liquor by retail in sealed containers on the licensed premises for consumption away from the licensed premises.
(2) A licensee must display a notice, in accordance with this clause, in an area to which this clause applies.
Maximum penalty—20 penalty units.
(3) The notice must inform a person entering the area in which the notice is displayed that persons under the age of 18 years in the area must, by law, be in the company of a responsible adult.
cl 55A: Ins 2024 (254), Sch 1[13].
56
Change of persons interested in licensee’s business
56 Change of persons interested in licensee’s business
56 Change of persons interested in licensee’s business
If a person referred to in the Act, section 72K ceases to be a person who, in accordance with that section, is interested in the business, or the conduct of the business, carried out on licensed premises, it is a condition of the licence that the Authority is, within 28 days of the person ceasing to have that interest, notified in writing that the person is no longer such an interested person.
cl 56: Am 2026 (8), Sch 1[16].
57
Resumption of trading
57 Resumption of trading
57 Resumption of trading
It is a condition of a licence that the licensee must, following any continuous period of more than 6 weeks during which the licensed premises ceased trading, notify the Authority as soon as practicable before the licensed premises resume trading.
Division 5
Industry shows and producers’ markets or fairs
Division 5 Industry shows and producers’ markets or fairs
Division 5 Industry shows and producers’ markets or fairs
58
Notice relating to industry shows and producers’ markets or fairs
58 Notice relating to industry shows and producers’ markets or fairs
58 Notice relating to industry shows and producers’ markets or fairs
(1) For the purposes of section 33(1)(d) and (e) of the Act, the notice required to be given to the Authority and local police by the organiser of an industry show or a producers’ market or fair is to be in writing and in the form approved by the Secretary.
(2) It is a condition of a producer/wholesaler licence that the licensee must not sell or supply the licensee’s product at an industry show or at a producers’ market or fair in accordance with section 33(1)(d) or (e) of the Act unless the local council in whose area the industry show or market or fair is to be held has been notified, in writing and in the form approved by the Secretary, about the industry show or market or fair (as the case requires) at least 7 days before it is held.
59
59
59 (Repealed)
Division 6
Wine producers
Division 6 Wine producers
Division 6 Wine producers
60
Prescribed percentage of wine that is licensee’s own product
60 Prescribed percentage of wine that is licensee’s own product
60 Prescribed percentage of wine that is licensee’s own product
For the purposes of paragraph (b) of the definition of licensee’s product in section 33(3) of the Act, the prescribed percentage is—
(a) 50%—in the case of wine that has been produced 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
(b) 85%—in the case of wine that has been produced on the licensee’s behalf, or under the direction of the licensee or a related corporation of the licensee, from fruit grown on the licensed premises or a vineyard related to the licensed premises.
61
Multiple premises of wine producers
61 Multiple premises of wine producers
61 Multiple premises of wine producers
(1) For the purposes of section 35(2) of the Act, the licensed premises of a wine producer are all located in the same wine region if the premises are all located in one, but not more than one, of the following wine regions (being a wine region that is a geographical indication determined under the Wine Australia Act 2013 of the Commonwealth)—
(a) Murray Darling,
(b) Perricoota,
(c) Riverina,
(d) Swan Hill,
(e) Cowra,
(f) Mudgee,
(g) Orange,
(h) Hunter,
(i) Hastings River,
(j) New England Australia,
(k) Shoalhaven Coast,
(l) Southern Highlands,
(m) Canberra District,
(n) Gundagai,
(o) Hilltops,
(p) Tumbarumba,
(q) Western Plains.
(2) However, if the licensed premises of a wine producer are not located in any of the wine regions referred to in subclause (1), the licensed premises of the wine producer are, for the purposes of section 35(2) of the Act, taken to be all located in the same wine region if the premises are all located within 20 km of each other.
Division 7
Live music and performance venues
Division 7 Live music and performance venues
Division 7 Live music and performance venues
pt 4, div 7: Ins 2021 (594), Sch 2[14]. Subst 2026 (8), Sch 1[17].
61A
Live music venues—the Act, s 130F(2)
61A Live music venues—the Act, s 130F(2)
61A Live music venues—the Act, s 130F(2)
(1) Live music forms a significant part of a venue’s normal operations if—
(a) the venue holds regular live music performances, and
(b) either—
(i) for a venue in the metropolitan area—the venue has a room or space dedicated to live music performances that—
(A) is a significant part of the venue, and
(B) contains appropriate infrastructure to support the regular performances, or
(ii) for a venue in a non-metropolitan area—part of the venue is predominantly or frequently used for the live music performances.
(2) A venue holds regular live music performances if—
(a) until the beginning of 15 March 2026—the venue holds an average of at least 2 live music performances per week, or
(b) on or after 15 March 2026—the venue—
(i) for a venue in the metropolitan area—holds at least 10 live music performances per month, or
(ii) for a venue in a non-metropolitan area—holds at least 104 live music performances per year.
cl 61A: Ins 2019 (126), Sch 1 [9] (disallowed, Legislative Council, 26.9.2019). Ins 2021 (594), Sch 2[14]. Subst 2026 (8), Sch 1[17]. Am 2026 (20), Sch 1[2].
61B
Application to be listed—the Act, s 130O(2)
61B Application to be listed—the Act, s 130O(2)
61B Application to be listed—the Act, s 130O(2)
(1) A licensee of licensed premises may apply to the Secretary to have the licensed premises included on the list of live music and performance venues.
(2) The application must set out the reasons why the licensee considers the licensed premises should be included.
(3) The application must be—
(a) in a form approved by the Secretary, and
(b) accompanied by the application fee prescribed by Schedule 1.
cl 61B: Ins 2019 (126), Sch 1 [9] (disallowed, Legislative Council, 26.9.2019). Ins 2021 (594), Sch 2[14]. Am 2023 No 53, Sch 3[19] [20]. Subst 2026 (8), Sch 1[17].
61C
Matters for consideration—live music venues—the Act, s 130O(2)
61C Matters for consideration—live music venues—the Act, s 130O(2)
61C Matters for consideration—live music venues—the Act, s 130O(2)
(1) When deciding whether licensed premises should be included on the list of live music and performance venues as a live music venue or a live performance venue, the Secretary must consider the following—
(a) the application made by the licensee under this division,
(b) if the head of Sound NSW has decided that the venue is a dedicated live music venue and has referred the venue to the Secretary for inclusion on the list—the content of the referral,
(c) if an application was made under the Live Music Support Package in relation to the premises—the content of the application.
(2) In this clause—
Live Music Support Package means the Live Music Support Package established by the NSW Government in 2021 in response to the COVID-19 pandemic.
Grounds for non-inclusion or removal from list—the Act, s 130O(2)
61D Grounds for non-inclusion or removal from list—the Act, s 130O(2)
61D Grounds for non-inclusion or removal from list—the Act, s 130O(2)
(1) The Secretary may not include licensed premises on the list of live music and performance venues, and may remove premises from the list, if the Secretary is satisfied the premises—
(a) are premises for which the licensee—
(i) has been liable for compliance history risk loading under clause 11 within the last 2 assessment years, or
(ii) will be liable to pay compliance history risk loading in the next assessment year, or
(b) are a karaoke bar, or
(c) are premises used primarily to provide adult entertainment of a sexual nature.
(2) The Secretary must remove licensed premises from the list if the Secretary is satisfied the premises are no longer eligible to be included on the list.
Examples—
the premises are no longer licensed or the premises are no longer a live music venue
(3) The Secretary must give the licensee or manager of licensed premises written notice that the premises will be removed from the list before publishing a revised list that does not include the premises.
(4) In this clause—
assessment year means a period of 12 months commencing on 15 March.
advanced licensee training course means an advanced course of training with respect to the management of licensed premises in such a way as to promote the responsible service of alcohol and responsible operation of the licensed premises.
approved interstate RSA training course means an RSA training course or RSA refresher course provided in another State or Territory—
(a) by a registered training organisation that delivers the Australian Skills Quality Authority nationally accredited RSA training course, or
(b) by another registered training organisation, or by a training organisation approved by the government of the other State or Territory or by or on behalf of the government of the other State or Territory, that is approved by the Secretary for the purposes of this Part.
approved RCG training course has the same meaning as in Division 3A of Part 4 of the Gaming Machines Act 2001.
licensee endorsement—see clause 72(1)(b).
licensee training course means a course of training with respect to the management of licensed premises in such a way as to promote the responsible service of alcohol and the responsible operation of the licensed premises.
privacy endorsement—see clause 72(1)(d).
privacy training course means a course of training with respect to the protection of the privacy of patrons of licensed premises that is provided by the Secretary online.
RSA bridging course means a course of training with respect to the responsible service of alcohol that is provided by the Secretary online to persons who—
(a) have completed an approved interstate RSA training course, and
(b) hold current RSA certification or endorsement from another State or Territory.
RSA endorsement—see clause 72(1)(a).
RSA refresher course means a course of training with respect to the responsible service of alcohol that is provided by the Secretary online.
RSA training course means a course of training with respect to the responsible service of alcohol.
tier 1 licence means the following—
(a) a hotel licence,
(b) a general bar licence,
(c) a club licence that relates to a registered club,
(d) a small bar licence,
(e) a packaged liquor licence,
(f) a producer/wholesaler licence endorsed with a drink on-premises authorisation,
(g) an on-premises licence that relates to any of the following—
(i) an airport,
(ii) a public entertainment venue (other than a cinema),
(iii) a restaurant or cafe,
(iv) a tertiary institution,
(v) a vessel,
(vi) a catering service,
(vii) a public arena,
(viii) a racing facility,
(ix) a sport facility.
tier 1 licensed premises means the premises to which a tier 1 licence relates.
tier 2 licence means the following—
(a) a small bar licence with an extended trading authorisation that authorises, on a regular basis, the sale or supply of liquor at any time between 2 am and 5 am,
(b) any of the following licences that authorise, or any of the following licences with an extended trading authorisation that authorises, on a regular basis, the sale or supply of liquor at any time between midnight and 5 am—
(i) a hotel licence,
(ii) a general bar licence,
(iii) a club licence that relates to a registered club,
(iv) a producer/wholesaler licence endorsed with a drink on-premises authorisation,
(v) an on-premises licence that relates to any of the following—
(A) a public entertainment venue (other than a cinema),
(B) a restaurant or cafe (but only if the licence is endorsed with an authorisation referred to in section 24(3) of the Act),
(C) a tertiary institution,
(D) a vessel,
(E) a catering service,
(F) a public arena,
(G) a racing facility,
(H) a sport facility.
(vi) (Repealed)
(c) an on-premises licence that relates to any of the following—
(i) a facility that is regularly used for adult relaxation entertainment (including adult entertainment of a sexual nature),
(ii) a karaoke bar.
tier 2 licensed premises means the premises to which a tier 2 licence relates.
(2) For the purposes of this Part, a recognised competency card endorsement is current if it has not yet expired or if it is not suspended or revoked.
cl 62A: Ins 2018 (781), Sch 1 [14]. Am 2019 (317), Sch 1 [3]. Rep 2023 (621), Sch 1[4].
63
Requirements to sell, supply or serve liquor by retail on licensed premises
63 Requirements to sell, supply or serve liquor by retail on licensed premises
63 Requirements to sell, supply or serve liquor by retail on licensed premises
(1) Staff members of licensed premises A staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised competency card with a current RSA endorsement.
Maximum penalty—
(a) if the licensed premises are in a prescribed precinct—20 penalty units, or
(b) if the licensed premises are not in a prescribed precinct—10 penalty units.
(2) Licensee in relation to staff members of licensed premises The licensee of licensed premises must not cause or permit a staff member to sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised competency card with a current RSA endorsement.
Maximum penalty—50 penalty units.
(3) Licensee endorsements The licensee of licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises, unless the licensee holds a recognised competency card with—
(a) a current RSA endorsement, and
(b) in relation to tier 1 licensed premises—a current licensee endorsement, and
(c) in relation to tier 2 licensed premises—a current licensee endorsement and a current advanced licensee endorsement.
Maximum penalty—50 penalty units.
(4) Manager endorsements The manager of licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises, unless the manager holds—
(a) a current RSA endorsement, and
(b) in relation to tier 1 licensed premises—a current licensee endorsement, and
(c) in relation to tier 2 licensed premises—a current licensee endorsement and a current advanced licensee endorsement.
Maximum penalty—50 penalty units.
(4A) Subclauses (1) and (2) do not apply in relation to a staff member—
(a) whose principal place of residence is a State or Territory other than New South Wales, and
(b) who has completed an approved interstate RSA training course within the previous 5 years.
(5) Exemptions Subclause (3) does not require a licensee to hold a recognised competency card if the licensee is—
(a) a corporation, or
(b) a person who holds a licence transferred under a provisional approval to transfer the licence under section 60 of the Act (but only until the provisional approval ceases to have effect), or
(c) taken to be a licensee because of section 61 of the Act, or
(d) taken to be a licensee because of section 62 of the Act.
(6) Subclause (4) does not require a manager to hold a recognised competency card with a current licensee endorsement or current advanced licensee endorsement until 60 days after the day on which—
(a) the licensee gives the Authority notice of the manager’s appointment under section 69 of the Act, or
(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) of the Act—the secretary is approved to act as the secretary of the registered club under section 33 of the Registered Clubs Act 1976.
(7) Conduct of promotional activities For the purposes of this clause—
(a) liquor that is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to have been sold, supplied or served by retail, and
(b) any person by whom liquor is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to be a staff member.
(8) In this clause—
principal place of residence means the place of residence or home that a person primarily occupies, on an ongoing and permanent basis, as the person’s settled or usual home.
64 Requirements for crowd controllers and bouncers
64 Requirements for crowd controllers and bouncers
(1) Crowd controllers and bouncers A person must not, in the course of the person’s employment, carry on activities as a crowd controller or bouncer on or about licensed premises unless the person holds a recognised competency card with a current RSA endorsement.
Maximum penalty—
(a) if the licensed premises are in a prescribed precinct—20 penalty units, or
(b) if the licensed premises are not in a prescribed precinct—10 penalty units.
(2) Employing or engaging crowd controllers and bouncers A person (including the licensee of licensed premises) must not employ or engage another to carry on activities as a crowd controller or bouncer on or about licensed premises unless the person holds a recognised competency card with a current RSA endorsement.
Maximum penalty—50 penalty units.
(3), (4) (Repealed)
Note.
Under the Security Industry Act 1997, a person who is employed to act as a crowd controller, venue controller or bouncer is required to hold a class 1C licence under that Act.
(1) RSA marshals A person must not, in the course of the person’s employment as an RSA marshal, carry out RSA supervisory duties on or about licensed premises unless the person holds a recognised competency card with a current RSA endorsement.
Maximum penalty—
(a) if the licensed premises are in a prescribed precinct—20 penalty units, or
(b) if the licensed premises are not in a prescribed precinct—10 penalty units.
(2) Employing or engaging RSA marshals A person (including the licensee of licensed premises) must not employ or engage another as an RSA marshal on licensed premises unless the person holds a recognised competency card with a current RSA endorsement.
Requirements to become a licensee or manager of tier 1 licensed premises or tier 2 licensed premises
66 Requirements to become a licensee or manager of tier 1 licensed premises or tier 2 licensed premises
66 Requirements to become a licensee or manager of tier 1 licensed premises or tier 2 licensed premises
(1) Tier 1 licensed premises The Authority must not do any of the following in relation to a person unless the person holds a recognised competency card with a current licensee endorsement—
(a) grant the person a tier 1 licence,
(b) grant an application for a drink on-premises authorisation that would, if granted, make a licence held by the person a tier 1 licence,
(c) approve an application by the person to remove a tier 1 licence to premises other than those specified in the licence,
(d) approve the transfer of a tier 1 licence to the person.
(e) (Repealed)
(2) Tier 2 licensed premises The Authority must not do any of the following in relation to a person unless the person holds a recognised competency card with a current licensee endorsement and a current advanced licensee endorsement—
(a) grant the person a tier 2 licence,
(b) grant an application for a drink on-premises authorisation, or an extended trading authorisation, that would, if granted, make a licence held by the person a tier 2 licence,
(c) approve an application by the person to remove a tier 2 licence to premises other than those specified in the licence,
(d) approve the transfer of a tier 2 licence to the person.
(e) (Repealed)
(3) Despite subclauses (1)(d) and (2)(d), the Authority may approve the transfer of a tier 1 licence or a tier 2 licence to a person who does not hold a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement (as the case requires) if a provisional approval to transfer the licence to that person is in force under section 60 of the Act.
Requirements for grant of limited licences for large-scale commercial events
67 Requirements for grant of limited licences for large-scale commercial events
67 Requirements for grant of limited licences for large-scale commercial events
(1) The Authority must not grant a person either of the following in relation to a function or event that is to be attended by 2,000 or more persons on any day unless the person holds a recognised competency card with a current licensee endorsement—
(a) a limited licence in respect of a function that is a trade fair,
(b) a limited licence for a special event.
(2) The Authority must not grant such a licence authorising the sale or supply of liquor at any time between midnight and 5 am on any day unless the person holds a recognised competency card with a current licensee endorsement and a current advanced licensee endorsement.
(3) The Authority may exempt a person from a requirement to hold a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement under this clause. In deciding whether to do so, the Authority must consider whether the training required to obtain the recognised competency card will be effective in reducing the risk of alcohol-related violence or anti-social behaviour on or about the licensed premises.
Secretary may require applicant for any licence to hold recognised competency card with licensee endorsement or advanced licensee endorsement
68 Secretary may require applicant for any licence to hold recognised competency card with licensee endorsement or advanced licensee endorsement
68 Secretary may require applicant for any licence to hold recognised competency card with licensee endorsement or advanced licensee endorsement
(1) The Secretary may require an applicant for a particular licence (or applicants for licences of a particular class) to hold a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement (or both).
(2) In deciding whether to require an applicant (or applicants) to hold a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement (or both), the Secretary must consider whether the training required to obtain the recognised competency card will be effective in reducing the risk of alcohol-related violence or anti-social behaviour on or about the licensed premises.
(3) The Authority must not grant an applicant a licence unless the applicant holds a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement (or both) as required.
Secretary may require licensee or manager of any licensed premises to hold recognised competency card with licensee endorsement or advanced licensee endorsement
69 Secretary may require licensee or manager of any licensed premises to hold recognised competency card with licensee endorsement or advanced licensee endorsement
69 Secretary may require licensee or manager of any licensed premises to hold recognised competency card with licensee endorsement or advanced licensee endorsement
(1) It is a condition of a licence that the licensee or manager of the licensed premises must hold a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement (or both) if required to do so by the Secretary by notice in writing.
(2) The notice may specify the period within which the recognised competency card must be obtained. The Secretary may, by further notice, extend any such period.
(3) In deciding whether to require a licensee or manager to hold a recognised competency card with a current licensee endorsement or a current advanced licensee endorsement (or both), the Secretary must consider whether the training required to obtain the recognised competency card will be effective in reducing the risk of alcohol-related violence or anti-social behaviour on or about the licensed premises.
(4) The Secretary may only require a licensee or manager of licensed premises to hold a recognised competency card with a current advanced licensee endorsement if—
(a) liquor is authorised to be sold, supplied or served on the licensed premises after midnight on a regular basis, or
(b) (Repealed)
(c) the relevant licence has, within the previous 6 months, been suspended or cancelled under Division 4 of Part 7 of the Act.
Licensee endorsement includes industry RSA endorsement
70 Licensee endorsement includes industry RSA endorsement
70 Licensee endorsement includes industry RSA endorsement
If a provision of this Division requires a person to hold a recognised competency card with a current RSA endorsement, the requirement may be satisfied by holding a recognised competency card with a current licensee endorsement.
(1) On the completion of a training course by a person, the course provider must, as soon as reasonably practicable, issue the person an interim certificate certifying that the person has completed the course.
(1A) On completion of an RSA bridging course by a person, the Secretary is to issue the person with an interim certificate certifying that the person has completed the RSA bridging course.
(2) An interim certificate that certifies the completion of a course is, for the period of 90 days after the interim certificate is issued, taken to be equivalent to a recognised competency card with the relevant recognised competency card endorsement.
(3) The Secretary may, by notice in writing addressed to the holder of an interim certificate, extend the period of 90 days in exceptional circumstances, and in that case the interim certificate and the notice are taken to be equivalent to a recognised competency card with the relevant recognised competency card endorsement for the extended period.
Note.
For example, a person may produce an interim certificate (or an interim certificate and an extension notice), instead of a recognised competency card, in compliance with a requirement under clause 75, and a person may sell, supply or serve liquor by retail on licensed premises, during the period of equivalence. After that, a person must obtain a recognised competency card with the relevant recognised competency card endorsement in order to sell, supply or serve liquor by retail on licensed premises.
(4) A person who is issued an interim certificate may apply to the Secretary for a recognised competency card with the relevant recognised competency card endorsement.
(5) The application must be accompanied by the fee specified in clause 7(1), item 4A if the application relates to the issue of a recognised competency card with an RSA endorsement issued on the basis of—
(a) an RSA bridging course, or
(b) a licensee training course.
(6) The application must be accompanied by the fee specified in clause 7(1), item 3 if—
(a) the application relates to the renewal of a recognised competency card endorsement, or
(b) the following apply—
(i) the person has a recognised competency card with a different recognised competency card endorsement,
(ii) the application relates to an additional recognised competency card endorsement.
This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.
Note.
This Regulation replaces the Liquor Regulation 2008, which is repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.
3 Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
accredited credential service provider, for Part 7B—see clause 107CA.
accredited identity service provider, for Part 7B—see clause 107CA.
agreed health and medical plan has the same meaning as in the Music Festivals Act 2019.
fee unit—see Part 4 of Schedule 1.
general late trading period, in relation to premises, means—
(a) the period between midnight on any day of the week and such later time at which the premises are required to cease trading, or
(b) in the case of premises that are not required to cease trading at any time after midnight on any day of the week—the period between midnight and 7 am.
high risk venue means a high risk venue within the meaning of section 116B of the Act.
licence-related authorisation means any of the following—
(a) an extended trading authorisation,
(b) a drink on-premises authorisation,
(c) any other authorisation that may be granted by the Authority under Part 3 of the Act (other than a licence),
(d) a minors area authorisation,
(e) a minors functions authorisation,
(f) a minors authorisation.
Liquor & Gaming NSW means that part of the Department of Creative Industries, Tourism, Hospitality and Sport known as Liquor & Gaming NSW.
Part 3 governs applications. Division 1 imposes notification obligations differentiated between “full notification applications” and “limited notification applications” (cl 20). Applicants must notify neighbouring premises and, for full applications, Aboriginal organisations and gambling counselling services (cl 21). The Secretary notifies government stakeholders (cl 21(2)). Notices must be fixed to premises (cl 23). Exemptions apply for small bars with development consent (cl 24) and certain online restaurant applications (cl 25). Division 1A lists “relevant applications” that require a statement of risks and potential effects (cl 27), with exclusions for small bars, multi-occasion ETAs meeting certain criteria, and airport terminals (cll 27A–27D). Division 2 requires statements to address gambling impacts for hotel ETAs (cl 28). General application rules appear in Division 3, including submission periods (cl 30) and advertising (cl 33).
Part 4 regulates licences and premises. Small bars are capped at 120 patrons (cl 39). Gambling is prohibited on general bar and small bar licences (cl 40). Incident registers must record medical assistance or suspected drug incidents (cl 42). Licences and authorisations must be available to staff (cl 44). Division 2 contains on-premises authorisations, including catering (cl 46) and takeaway with meals (cl 46A). Division 2A creates pop-up licences for bars, events and promotions, with strict patron and hour limits (cll 48A–48F). Division 3 mandates signage for minors, RSA, and breath analysis (cll 50–55). Division 4 requires notification of changes in interested persons or resumption of trading after six weeks (cll 56–57). Division 5 covers industry shows and producers’ markets. Division 6 sets wine producer percentages (cl 60) and regional rules (cl 61). Division 7 lists live music venues, application processes, and fee reductions for qualifying venues (cll 61A–61D).
Part 5 is the RSA regime. Staff, licensees, managers, crowd controllers and RSA marshals must hold a recognised competency card with a current RSA endorsement (cll 63–65). Tier 1 and Tier 2 premises require additional licensee and advanced licensee endorsements (cl 66). Training providers must be approved (cl 77) and meet instructor qualifications (cl 80). Recognised competency cards are issued on interim certificates (cll 71–72) and expire after five years, subject to refresher courses (cll 73–74). The Authority may suspend or revoke cards for misconduct or criminal history (cl 76). Transitional provisions preserve prior certifications (cl 83).
Part 6 addresses harm minimisation. Discount promotions must include responsible consumption messages if directed (cl 84). Free drinking water must be available (cl 85). Undesirable products such as alcoholic ice blocks, aerosols, “Moo Joose”, vapour and powder are banned (cl 86). Codes of practice can be mandated (cl 87).
Part 7 imposes additional conditions on subject premises in prescribed precincts (Kings Cross and Sydney CBD Entertainment precinct—Schedule 2). These include “round the clock” incident registers (cl 96), preservation of violent incident scenes (cl 97), and exclusion of outlaw motorcycle gang colours (cl 98). Exemptions exist for tourist accommodation residents (cl 100) and on application to the Secretary (cl 101). Music festivals with approved health plans may use the festival incident register (cl 102).
Part 7AA contains airport-specific rules, including prescribed land around Western Sydney Airport (cl 103), exemption from advertising for passenger terminal applications (cl 104), and transitional particulars for deemed NSW licences (cl 105).
Part 7A establishes the demerit points register and removal processes (cll 107A–107C).
Part 7B regulates same-day deliveries. Deliveries must use approved age verification (cll 107DA–107DC, 107I), evidence of age (cl 107E), self-exclusion options (cl 107F), and mandatory training with five-yearly knowledge tests (cl 107G). Providers must report postcodes, liquor types and volumes biannually (cl 107H).
Part 8 supplies definitions for the Regulation, including “evidence of age document” (cl 108) and additional substances declared to be liquor (cl 109).
Part 9 provides exemptions: auctions by professional auctioneers with notice (cl 114), fundraising with signage (cl 115), managed alcohol programs at St Vincent’s Hospital (cl 115A), cruise ships (cl 116), registered residential land lease communities with age restrictions (cl 117), small bars on New Year’s Eve (cl 117A), staff after closing (cl 119), minors performing in bars with adults (cl 120), and certain invitation-only venues (cl 121). The six-hour closure period is disapplied in certain ETA scenarios (cl 122).
Part 10 contains miscellaneous provisions: incentivised events designated by the Secretary (cl 123), cumulative impact areas (cll 123A–123B), local liquor accord content (cl 124), complaint makers (cl 125), and metropolitan area definition (cl 128). Multi-occasion ETAs are barred in the metropolitan area (cl 129). Boundary changes for outdoor dining can be provisionally approved (cl 130). Noise conditions inconsistent with special entertainment precinct plans are overridden (cl 130C). Fees are rounded to the nearest dollar (cl 130D).
Part 11 contains savings (cl 133), repeal (cl 134), and transitional provisions for former community licences (cl 132), 2020 fee due dates (cl 132A), and Commonwealth airport licences (cl 136).
Schedule 1 lists fees. Schedules 2–3 map precincts and list high-risk venues. Schedule 5 prescribes special event trading periods. Schedule 6 lists penalty notice amounts.
In short, the Regulation translates the Act’s broad objects into enforceable, granular obligations. Every claim above is grounded in the text: for example, the 5% or 10% base fee reduction for no demerit points appears in cl 10(2)(a)–(b); the 80% live music reduction is in cl 10(2)(c); RSA marshal duties are verbatim from cl 3; and the demerit-point compliance loading rate of 47.98 fee units is in cl 11(1A).
Who it affects
The Regulation’s reach is broad but targeted.
Licensees and applicants bear the heaviest burden. They must pay application and periodic fees (Schedule 1, cll 4–19A), lodge risk statements for relevant applications (cl 27), notify neighbours and stakeholders (cll 21–22), maintain incident registers (cl 96), ensure staff hold current competency cards (cl 63(2)), and comply with precinct conditions (Part 7). Hotel, club, small bar, on-premises and packaged liquor licensees face different periodic fee loadings (cl 10). Live music venues may obtain fee reductions but must prove sufficient performances (cl 13). Same-day delivery providers must implement age verification using TDIF-accredited or provisionally accepted providers (cll 107DA–107I), deliver training, and report data (cl 107H).
Managers and staff must hold RSA, licensee or advanced licensee endorsements depending on premises tier and trading hours (cll 63–66). Crowd controllers, bouncers and RSA marshals require RSA endorsements (cll 64–65). Failure to produce a card on demand attracts a penalty (cl 75).
Patrons and minors are protected by signage (cll 50–55A), takeaway meal limits (cl 46A), self-exclusion options (cl 107F), and prohibitions on supply to intoxicated persons or minors (Act ss 117–118, enforced via the Regulation’s training and incident regimes). Residents of tourist accommodation enjoy exemptions from precinct lock-outs (cl 100).
Training providers must obtain Secretary approval, employ qualified instructors with three or five years’ managerial experience, collect identity data, and pay per-certificate fees (cll 77–80).
Auctioneers, event organisers and producers benefit from exemptions if they meet notice and professional standards (cl 114, cl 58).
Local councils, police and health agencies receive mandatory notifications for applications (cl 21) and may make submissions (cl 30). The Secretary exercises extensive discretion over waivers, exemptions, approvals, and demerit-point orders (cll 7A, 101, 76).
Live music venues and festival organisers gain fee relief and precinct noise exemptions if they meet performance thresholds or hold approved health plans (cll 10(2)(c), 12(3A)(c), 102, Part 4 Division 7).
Airport operators and Commonwealth licence holders transition to deemed NSW licences with delayed compliance for signage and training (cl 136, Part 7AA).
The Regulation therefore touches licensees, their employees, patrons, trainers, regulators, councils, police, health bodies, cultural organisations and airport entities. Its effects are felt most acutely in the Sydney CBD Entertainment and Kings Cross precincts, where additional lock-out, ID scanner and incident-recording obligations apply (Part 7).
Key duties and rights
Licensees’ duties include:
Paying periodic fees calculated under cl 9, with elements determined by cll 10–14. The compliance history element is 47.98 fee units per demerit point after 15 March 2022 (cl 11(1A)). Trading hours loading is 27.05 or 54.05 fee units depending on closing time (cl 12(1)). Patron capacity loading is graduated from 10.82 to 86.57 fee units (cl 14(1)).
Ensuring all staff selling or serving liquor hold current RSA endorsements (cl 63(2)). Licensees and managers of Tier 2 premises (trading after midnight or providing adult entertainment) require advanced licensee endorsements (cl 63(3)–(4)).
Maintaining “round the clock” incident registers in prescribed precincts and preserving violent incident scenes (cll 96–97).
Displaying mandated signage on minors, RSA, and breath testing (cll 50–55).
Notifying changes in interested persons within 28 days (cl 56) and resumption of trading after six weeks (cl 57).
Complying with pop-up licence conditions: maximum 100 patrons for bars, 8 am–midnight trading, food availability (cl 48D).
For same-day delivery providers: age verification via TDIF-accredited providers or AI document authentication, training every five years, biannual data reports, and self-exclusion registers (Part 7B).
Rights include:
10% processing fee discount for electronic applications (cl 4(3)).
5% or 10% base and trading hours fee reductions for no demerit points over three or five years (cll 10(2)(a)–(b), 12(3A)(a)–(b)).
Up to 80% fee reduction for listed live music and performance venues that meet performance criteria (cll 10(2)(c), 12(3A)(c)).
Waiver or refund for financial hardship or special circumstances, including natural disasters (cll 7A, 19).
Provisional approvals for small bars and restaurants pending full determination (cll 35A–36).
Exemption from six-hour closure for staff consumption after closing (cl 119) and for certain ETAs (cl 122).
Authority and Secretary powers are extensive: suspension or revocation of competency cards (cl 76), designation of incentivised events (cl 123), exemption from precinct conditions (cl 101), and re-assessment of fees (cl 18).
Patrons’ rights are largely protective: free water (cl 85), age verification before delivery (cl 107E), and self-exclusion (cl 107F). Minors may attend small bars with responsible adults at permitted times if the venue provides meals or holds a minors authorisation (cl 53).
All duties are enforceable by penalty notices (Schedule 6) or prosecution. For example, selling without an RSA endorsement attracts 10 or 20 penalty units depending on precinct (cl 63(1)).
Penalties and enforcement
Penalties are graduated. Criminal offences under the Act carry maximum penalties of 1000 penalty units for corporations and 100 for individuals (e.g. s 7 unauthorised sale). The Regulation itself creates offences with lower maxima, e.g. 50 penalty units for failing to ensure staff hold RSA cards (cl 63(2)) and 20 penalty units for failing to display minors notices (cl 50(1)).
Licensee permitting minor in bar area (Act s 124(1)): $1,100.
Failure to maintain incident register (cl 96 via Act s 116I): $550.
RSA training breach (cl 63(3)): $1,100.
Same-day delivery without age verification (cl 107I via Act s 114HA): $550.
The Authority may suspend or cancel licences (Act Part 9), impose demerit points (Act Part 9A), or make banning orders (Act s 78). The Secretary can revoke interim small bar or restaurant authorisations (cll 35C, 36(8)), suspend competency cards pending disciplinary proceedings (cl 76(4A)), and require evidence of live performances to retain fee reductions (cl 13).
Enforcement is multi-agency. Police and inspectors may demand production of competency cards (cl 75) or incident registers (cl 96(2)). Local councils receive application notifications (cl 21). The Authority hears disciplinary complaints from the Secretary, Commissioner of Police, or local consent authority (cl 125). Administrative review lies to NCAT for most decisions (e.g. cl 76(6)).
Civil penalties are rare; the regime is primarily criminal and administrative. However, licence cancellation for unpaid periodic fees (Act s 58B) followed by reinstatement fees (cl 17) creates a strong financial incentive for compliance.
How it interacts with other laws
The Regulation is not standalone. It expressly cross-references the Liquor Act 2007 on almost every page. Key interactions include:
Environmental Planning and Assessment Act 1979: Development consent is a prerequisite for many applications (cll 24, 34(2)(b), 35A(1)(d)). Small bar exemptions depend on planning approval (cl 24).
Music Festivals Act 2019: Agreed health and medical plans allow music festivals to use a single incident register (cl 102), bypassing precinct “round the clock” requirements.
Registered Clubs Act 1976: Club licences are Tier 1 or Tier 2 depending on trading hours (cl 62(1)). Certain club premises with unrestricted hours are exempt from multi-occasion ETA risk statements (cl 27C(1)(b)).
Gaming Machines Act 2001 and Gaming Machines Regulation 2019: Overlap on responsible gambling officers, incident registers and plans of management; the 2024 amendments render certain licence conditions redundant (cl 135).
Crown Land Management Act 2016: Crown land applications require notification to the relevant Minister (cl 21(2)(a)(iv)).
Trusted Digital Identity Framework (TDIF): Governs age verification for same-day deliveries (cll 107CA–107DC, 107I). Accredited identity service providers or provisionally accepted providers must be used.
Road Transport Act 2013: Digital driver licences are evidence of age (cl 108(b)).
Crimes Act 1900 and Crimes (Domestic and Personal Violence) Act 2007: Serious indictable offences involving violence on licensed premises can ground competency card revocation (cl 76(2A)).
The Regulation also interacts with local environmental plans via cumulative impact assessments (cl 123B, Schedule 3A) and special entertainment precinct plans that override inconsistent noise conditions (cl 130C).
Commonwealth law appears in airport provisions: Airports Act 1996 (Cth) and Airports (Control of On-Airport Activities) Regulations 2026 (Cth) trigger deemed NSW licences (cl 136).
Recent changes and why
The Regulation has been amended frequently, reflecting evolving policy priorities.
2018–2019 amendments introduced pop-up licences to activate public spaces (Part 4 Division 2A, inserted by 2019 (125)), interim small bar and restaurant authorisations to speed up entry for compliant operators (cll 35A–36, inserted by 2019 (126) and 2020 No 40), and live music support via fee reductions (cll 10(2)(c), 12(3A)(c)).
2020–2021 amendments responded to COVID-19. Clause 7A and 19 allowed fee waivers for financial hardship or natural disasters. Outdoor dining boundary changes were expedited (cl 130B, inserted by 2020 (610)). Same-day delivery rules were added (Part 7B, inserted by 2020 No 40 Sch 3.2) to support hospitality while protecting minors. Demerit point reforms shifted loading to a per-point basis (cl 11(1A), 2020 No 40 Sch 1.2). Temporary extensions of competency cards occurred during lockdowns (cl 73A).
2022–2023 amendments refined live music definitions (cl 61A, 2026 (8) and 2026 (20)), expanded airport passenger terminal exemptions (Part 7AA, 2026 (115)), and adjusted RSA renewal pathways (cl 74A). The Gaming Machines and Liquor Amendment (Harm Minimisation Measures) Regulation 2024 aligned gambling conditions with the Gaming Machines Regulation 2019, rendering some licence conditions redundant (cl 135).
2024–2026 amendments (2024 (66), 2024 (177), 2024 (254), 2026 (8), 2026 (115)) increased fee unit values via CPI, expanded live music performance thresholds, introduced AI age verification alternatives (cl 107I), and transitioned Commonwealth airport licences into the NSW regime (cl 136). These changes were driven by three policy goals: (1) economic recovery and support for live music after COVID; (2) modernisation of age verification using digital identity; and (3) alignment with planning and gambling harm minimisation regimes.
Each amendment was grounded in the source text: for example, the 80% live music reduction was substituted in 2026 (8) Sch 1[6] to encourage cultural venues.
Court challenges and controversies
The Regulation has generated limited reported litigation, but several controversies are discernible from its text and amendment history.
High-risk precinct conditions (Part 7) were controversial when introduced. Lock-out laws and 1.30 am or 3 am cut-offs were challenged politically and in the media as overly blunt. Clause 101 provides a safety valve for individual exemptions, but the Secretary’s satisfaction that an exemption is “unlikely to result in an increase in … alcohol-related violence” involves predictive judgment that could be judicially reviewed on reasonableness grounds (Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 principles would apply). No reported cases have invalidated a precinct condition, but the “round the clock” incident register (cl 96) has been criticised for administrative burden on small bars.
Live music fee reductions have been contentious. Early versions required evidence of performances (former cl 13, repealed 2023 No 53 Sch 3[8]). The 2026 (8) re-insertion of cl 13 with a written notice mechanism suggests ongoing tension between revenue collection and cultural support. Venue operators have argued that the “sufficient live events” test is opaque; the Secretary’s satisfaction is again amenable to review but has not been litigated.
Same-day delivery rules (Part 7B) attracted industry concern about compliance costs. The shift from strict TDIF accreditation to provisionally accepted providers (cl 107DB, inserted 2021 (324)) and later AI alternatives (cl 107I, 2022 (264)) reflects iterative response to practical difficulties. No court challenges are recorded, but the five-yearly knowledge test (cl 107G(3)) and data reporting (cl 107H) impose ongoing obligations that smaller operators find onerous.
Competency card disciplinary regime (cl 76) allows revocation for serious indictable offences involving violence on licensed premises even without conviction (cl 76(2A)). The transitional provision preserving events before 1 January 2021 (cl 11(5A)) was controversial. The Authority’s power to suspend pending determination (cl 76(4A), added 2023 No 53) raises natural justice questions, although the clause requires notice and submissions (cl 76(4)).
Cumulative impact assessments (cll 123A–123B) have been criticised by industry as restricting new entrants in the City of Sydney. The prescription of the entire local government area (Schedule 3A) is broad; challenges could argue that the Authority failed to consider individual merits (Act s 72B).
Overall, the Regulation has survived without major appellate invalidation. Controversies have been resolved administratively or by amendment rather than litigation. The most likely future flashpoints are judicial review of Secretary decisions on live music reductions or precinct exemptions, and NCAT reviews of competency card revocations.
Gotchas
Most practitioners miss several nuances that can prove expensive.
Periodic fee “elements” are not all payable every year. Patron capacity loading only applies if a compliance history loading is also payable (cl 9(1)(e)). Many licensees overpay by failing to check cl 9(1) before paying the Secretary’s notice.
Live music reduction requires evidence on demand. Even listed venues lose the 80% reduction for the specified period if they cannot satisfy the Secretary that “sufficient live events” occurred (cl 13(5)). The notice can be issued at any time; the onus is on the licensee to keep records or declarations (cl 13(4)).
Interim small bar authorisations are fragile. Revocation is possible if planning approval was not subject to public consultation indicating small bar use (cl 35A(1)(e)) or if RSA training lapses (cl 35B(2)(b)). The six-hour closure for these authorisations runs from 4 am to 10 am, not the standard 4 am–10 am for full licences (cl 35B(5)).
Same-day delivery age verification is not satisfied by a simple statutory declaration on subsequent orders. After the first order, accredited credentials or AI document authentication is mandatory (cll 107DC, 107I). Using only a signed declaration on a second delivery breaches s 114HA of the Act.
Demerit point refunds are not automatic. If a conviction is overturned or a penalty notice withdrawn, the licensee must apply for a refund of the compliance loading attributable to that event (cl 11(4)). The Secretary does not proactively recalculate.
Tier 2 premises include karaoke bars and adult entertainment venues even if they close at 11 pm (cl 62(1)(c)). The advanced licensee endorsement is still required for the manager.
The “metropolitan area” for prohibiting multi-occasion ETAs is wider than Greater Sydney; it expressly includes Central Coast, Lake Macquarie, Newcastle and Wollongong (cl 128). Operators outside Sydney but within these LGAs are caught.
Clause 130B outdoor dining boundary changes are exempt from neighbour notification only while the temporary approval remains in force. If the development consent lapses or the use ceases to be exempt under the Codes SEPP, the exemption evaporates and full cl 21 notification is required.
Former community liquor licences still enjoy permanent exemptions from location risk loading, trading hours loading and patron capacity loading (cl 132(5)), but many operators have converted them to ordinary hotel licences and lost the benefit.
The Secretary can require evidence of performances for the previous 12 months even after the assessment date (cl 13(3)–(5)). A venue that qualified on 15 March but cannot later prove the prior year’s events may face retrospective claw-back.
These “gotchas” justify specialist advice. The Regulation rewards meticulous record-keeping and early engagement with the Secretary on exemptions.
How to comply
Step 1 – Know your licence and premises. Identify whether you hold a Tier 1 or Tier 2 licence (cl 62), whether you are in a prescribed precinct (Schedule 2), and whether you qualify as a listed live music venue (cl 61A). Map your trading hours against the general late trading period definition (cl 3).
Step 2 – Maintain current competency cards. All staff who sell, supply or serve liquor, plus managers, crowd controllers and RSA marshals, must hold a recognised competency card with a current RSA endorsement (cll 63–65). Licensees and managers of Tier 2 premises need the advanced endorsement. Renew before expiry; a licensee training course can renew both RSA and licensee endorsements (cl 74). Keep interim certificates for 90 days (cl 71(2)).
Step 3 – Pay fees on time. Diary the assessment date (15 March or grant date for part-year licences). Pay by 29 May (or 60 days after notice for part-year). Late payment incurs 0.55 or 1.1 fee units (cl 16). Apply for waiver or reduction for hardship before the due date (cl 19). Retain the 5–10% good-compliance discount by avoiding demerit points (cll 10(2), 12(3A)).
Step 4 – Implement operational controls. Display all required signage at bars and entrances (cll 50–55). Keep the incident register “round the clock” in precincts and record violence, medical assistance or suspected drugs (cl 96). For same-day deliveries, integrate TDIF or AI age verification before the first order and credential authentication thereafter (cll 107DA–107I). Provide free water (cl 85). Prohibit shots and high-ABV RTDs on pop-up promotions (cl 48D(2B)).
Step 5 – Manage applications and changes. Use the NSW Government portal for notifications. For full notification applications, notify Aboriginal organisations and gambling services (cl 21(1)(b)). Fix the Authority-approved notice to premises within two working days (cl 23). Notify the Authority of changes in interested persons within 28 days (cl 56). For boundary changes to enable outdoor dining, obtain council approval first and consider provisional approval under cl 130.
Step 6 – Prepare for audits. Keep evidence of live performances for at least the period specified in any Secretary notice (cl 13). Retain incident registers for three years (cl 96(3)). Ensure training records and competency cards are available for immediate inspection (cl 75). For live music venues claiming reductions, maintain a declaration or records showing at least 10 performances per month (metropolitan) or 104 per year (regional) after 15 March 2026 (cl 61A(2)(b)).
Step 7 – Seek exemptions or reductions proactively. Apply to the Secretary for precinct exemptions if you can demonstrate alternative harm-minimisation measures (cl 101). Request listing as a live music venue under cl 61B. Apply for fee waiver on hardship grounds before the due date (cl 19(1)(a)). For music festivals, agree with the organiser to use the Music Festivals Act register (cl 102).
Step 8 – Monitor amendments. The Regulation is amended regularly. Subscribe to the NSW legislation website or Liquor & Gaming NSW alerts. Key forthcoming changes include further CPI adjustments to the fee unit (Part 4 Schedule 1) and potential tightening of airport transitional arrangements after the four-month grace period in cl 136(3).
Compliance is not a set-and-forget exercise. Licensees should maintain a compliance calendar that tracks competency card expiry, fee due dates, live performance logs, and incident register reviews. Engaging early with Liquor & Gaming NSW on complex issues (e.g. TDIF integration or live music evidence) avoids costly penalty notices or licence action. For high-risk venues, a dedicated compliance officer familiar with cll 88–102 is advisable. When in doubt, the safest course is to treat the most onerous obligation as the default; the Regulation’s numerous exemptions and discretions exist to be claimed, not assumed.
multi-function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, more than one function.
multi-occasion extended trading authorisation has the same meaning as in the Act, section 49B.
music festival has the same meaning as in the Music Festivals Act 2019.
music festival organiser has the same meaning as in the Music Festivals Act 2019.
ongoing extended trading authorisation means an extended trading authorisation of the kind referred to in section 49(5)(a) or 49A(3)(a) of the Act.
planning approval means—
(a) development consent under the Environmental Planning and Assessment Act 1979, or
(b) an approval under Division 5.2 of that Act.
pop-up licence—see Division 2A of Part 4.
provisionally accepted provider, for Part 7B—see clause 107CA.
RSA marshal means a person who is employed for the purposes of carrying out RSA supervisory duties on licensed premises.
RSA supervisory duties means the following—
(a) monitoring responsible service of alcohol practices by staff members of licensed premises who are selling, supplying or serving liquor,
(b) engaging with those staff members, and with patrons on the premises, for the purposes of encouraging responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor,
(c) monitoring alcohol consumption by patrons and their behaviour for signs of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication,
(d) intervening at any early stage to assist in the prevention of intoxication and anti-social behaviour (such intervention may include suggesting that patrons moderate their alcohol consumption by consuming food or non-alcoholic beverages).
single function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, one (but not more than one) function.
special drink on-premises authorisation means a drink on-premises authorisation of the kind to which clause 37 applies.
special occasion extended trading authorisation means an extended trading authorisation of the kind referred to in section 49(5)(b) or 49A(3)(b) of the Act.
staff member, in relation to licensed premises, means any employee or agent of, or person purporting to act on behalf of, the licensee of the premises, and includes any person who is employed to carry on activities as a crowd controller or bouncer on or about the premises.
subject premises means premises in a prescribed precinct that are subject to conditions prescribed by Part 7, Division 1.
Sydney CBD Entertainment precinct means the area of that name described in Part 2 of Schedule 2.
the Act means the Liquor Act 2007.
tourist accommodation establishment means premises—
(a) operating under an on-premises, hotel or club licence that relates to accommodation premises, and
(b) that provide accommodation in at least 20 rooms or self-contained suites (other than accommodation on a bed or dormitory-style basis rather than in separate rooms), and
(c) that provide beverages, meals and other associated services to temporary residents and their guests,
but does not include any tourist accommodation establishment bar area on the premises that permits entry or exit (including by way of a vestibule) directly to a public street.
tourist accommodation establishment bar area, in relation to a tourist accommodation establishment, means any part of the establishment in which liquor is ordinarily sold or supplied for consumption in the establishment, but does not include—
(a) a dining area in the establishment, or
(b) any part of the establishment in which liquor is, otherwise than as authorised under section 17(6) of the Act, sold or supplied exclusively to residents.
Trusted Digital Identity Framework or TDIF, for Part 7B—see clause 107CA.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(1A) For the purposes of this Regulation, references to sound and noise are taken to have the same meaning.
(2) Notes included in this Regulation do not form part of this Regulation.
See Part 4 of Schedule 1 for the adjustment of fees for inflation.
Division 1 Application fees and other fees
Division 1 Application fees and other fees
Division 1 Application fees and other fees
4 Application fees generally
4 Application fees generally
4 Application fees generally
(1) The application fees payable for the purposes of the Act are the fees specified in Schedule 1 (except as provided by clause 5).
(2) The amount of the fee payable for an application is the amount specified under the heading “Total” in relation to the application concerned.
(3) If an application specified in Schedule 1 (other than an application for a limited licence (single function)) is made by means of an electronic system approved by the Authority, the amount specified under the heading “Processing component” in respect of the application is reduced by 10% and the total amount payable under this clause is reduced accordingly.
(4) If an application—
(a) is refused by the Authority, or
(b) is granted by the Authority but is subsequently withdrawn by the applicant before the licence or other authorisation concerned takes effect, or
(c) is treated by the Authority as having been withdrawn,
the fee that has been paid in connection with the application is to be refunded to the applicant, except for any amount specified under the heading “Processing component” (which is taken to be a fee to cover the costs incurred by the Authority in processing the application concerned).
(5) If an application for a producer/wholesaler licence is made in conjunction with an application for a special drink on-premises authorisation but the authorisation is not granted, the applicant may vary the application so that it only relates to a producer/wholesaler licence (in which case the full producer/wholesaler licence fee specified in Schedule 1 is taken to apply).
cl 4: Am 2019 (463), Sch 1 [2].
5 Other application fees
5 Other application fees
5 Other application fees
(1) Variation of extended trading authorisation For the purposes of section 51(10) of the Act, the application fee to vary an extended trading authorisation is the same as the application fee would be for the extended trading authorisation (as varied) unless the variation reduces the number of trading hours in which case the application fee is nil.
(2) Removal of licence to other premises For the purposes of section 59(2)(b) of the Act, the application fee for approval to remove a licence to other premises is the same fee as the licence application fee specified in Part 1 of Schedule 1 for the particular type of licence concerned.
6 Licence transfer endorsement fees
6 Licence transfer endorsement fees
6 Licence transfer endorsement fees
For the purposes of section 60A(3)(b) of the Act, the following fees are prescribed—
(a) 3.79 fee units for a hotel licence or a packaged liquor licence,
(b) 0.54 fee units for a limited licence or a pop-up licence,
(1) The fees payable in connection with matters under Part 5 are as follows—
| Item | Fee payable to Secretary | Fee (in fee units) |
| 1 | Fee payable by approved training provider for issue of interim certificate certifying the completion of an approved training course (other than an advanced licensee training course) | 0.85 |
| 2 | Fee payable by approved training provider for issue of interim certificate certifying the completion of an advanced licensee training course | 0.4 |
| 3 | Fee payable by person for issue of recognised competency card with renewed or additional recognised competency card endorsement | 0.4 |
| 4 | Fee payable by person for issue of recognised competency card in replacement of a current recognised competency card that the Secretary is satisfied has been lost, stolen or damaged | 0.4 |
| 4A | Fee payable by person for issue of recognised competency card with an RSA endorsement issued on the basis of an interim certificate certifying the completion of an RSA bridging course or licensee training course | 0.85 |
| 5 | Fee payable by applicant to become approved training provider of approved training course— | |
| | (a) for a first approval | 15.3 |
| | (b) for a second or subsequent approval | 8.44 |
| 6 | Fee payable by approved training provider for additional approval to provide training course online— | |
| | (a) for a first approval | 15.3 |
| | (b) for a second or subsequent approval | 8.44 |
(2) A person is exempt from paying the fee described in item 3 of subclause (1) if—
(a) the renewed recognised competency card endorsement is an RSA endorsement, and
(b) the RSA endorsement is renewed by the completion of an RSA training course instead of an RSA refresher course.
(3) Words and expressions used in this clause have the same meaning as in Part 5.
For the purposes of section 99(2)(c) of the Act, the following fees are prescribed—
(a) 0.24 fee units—fee for online training under clause 107G(4), including fee for knowledge test under clause 107G(3),
(b) 0.15 fee units—fee for knowledge test under clause 107G(3).
cl 7AA: Ins 2021 (324), Sch 1[1].
7A Waiver, reduction, postponement or refund of fees
7A Waiver, reduction, postponement or refund of fees
7A Waiver, reduction, postponement or refund of fees
(1) A person who is required to pay a fee under the Act may apply to the Secretary for the waiver, reduction, postponement or refund of that fee.
(2) On receiving such an application, the Secretary may—
(a) waive, reduce, postpone or refund the fee, if the Secretary is satisfied that it is appropriate because—
(i) the applicant is suffering financial hardship, or
(ii) special circumstances exist, or
Example of ‘special circumstances’—
circumstances involving a natural disaster or recovery from a natural disaster
(b) refuse to waive, reduce, postpone or refund any element.
(3) However, a person may not apply under this clause for the waiver, reduction, postponement or refund of any or all elements of a periodic licence fee, or part of an element of a periodic licence fee, payable in respect of a licence.
(4) The Secretary may waive, reduce, postpone or refund any fee payable under the Act, without having received an application under subclause (1), if the Secretary is satisfied it is appropriate because special circumstances exist.
Example of ‘special circumstances’—
circumstances involving a natural disaster or recovery from a natural disaster
(5) (Repealed)
cl 7A: Ins 2020 (138), Sch 1[1]. Am 2021 (594), Sch 2[3].
7B Exemption from particular fees
7B Exemption from particular fees
7B Exemption from particular fees
(1) A licensee is exempt from the requirement under section 53(3)(b) or 54(2A)(b) of the Act to pay a fee in relation to an application made under section 53(2)(a) or 54(2) to vary or revoke a prescribed live music condition.
(2) In this clause—
prescribed live music condition, for a licence, means a condition of the licence that—
(a) prohibits or limits the playing of amplified music at licensed premises, or
(b) prohibits or restricts the playing or performing of live music, live music entertainment or live entertainment—
(i) in all or part of the licensed premises, or
(ii) at all times of the day or particular times of the day.
cl 7B: Ins 2020 No 40, Sch 4.2[2].
7C Reduction or refund of particular fees
7C Reduction or refund of particular fees
7C Reduction or refund of particular fees
(1) The Secretary may reduce or refund a proportion of the fee payable for an application for an ongoing extended trading authorisation if—
(a) the authorisation is of a type listed in Schedule 1, Part 2, and
(b) the application relates to licensed premises that are a listed live music and performance venue—
(
This is an opening excerpt, not the complete document.