12Trading 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\[7\] \[8\].