46Authorisation 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](/view/html/inforce/current/act-1961-009))—a function held within the Opera House at which the licensee provides catering services. > > **cl 46:** Am 2023 No 53, Sch 3\[16\].