36Issue 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](/view/html/inforce/current/act-1979-203) 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 (a) any interim restaurant authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or 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](/view/html/inforce/current/act-1979-203) 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\[10\].