NSWIn ForceRegulation
Liquor Regulation 2018
14Patron capacity loading element
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#### 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—
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> > > (a) if, on the relevant assessment date, the patron capacity of the licensed premises is not more than 60 patrons—10.82 fee units,
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> > > (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,
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> > > (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,
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> > > (d) if, on the relevant assessment date, the patron capacity of the licensed premises is more than 300 patrons—86.57 fee units.
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> > (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.
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> > (3) A patron capacity loading element is not payable in relation to the following licences—
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> > > (a) a producer/wholesaler licence that is not endorsed with a drink on-premises authorisation,
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> > > (b) an on-premises licence that relates only to accommodation premises or a catering service (or both),
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> > > (c) a packaged liquor licence,
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> > > (d) a multi-function limited licence.
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> > (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.
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> > (5) In this clause, patron capacity, in relation to licensed premises, means—
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> > > (a) if the patron capacity is established by a licence condition—that patron capacity, or
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> > > (b) if the patron capacity is not established by a licence condition—
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> > > > (i) the patron capacity that the licensee has notified to the Secretary before the relevant assessment date, or
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> > > > (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.
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> > (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.