35AIssue 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](/view/html/inforce/current/act-1979-203) 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 (a) any interim small bar authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or 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](/view/html/inforce/current/act-1979-203) 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\[10\].