63Requirements to sell, supply or serve liquor by retail on licensed premises

#### 63 Requirements to sell, supply or serve liquor by retail on licensed premises 63 Requirements to sell, supply or serve liquor by retail on licensed premises > > (1) Staff members of licensed premises A staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised competency card with a current RSA endorsement. > > > > Maximum penalty— > > > > > (a) if the licensed premises are in a prescribed precinct—20 penalty units, or > > > > > (b) if the licensed premises are not in a prescribed precinct—10 penalty units. > > > (2) Licensee in relation to staff members of licensed premises The licensee of licensed premises must not cause or permit a staff member to sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised competency card with a current RSA endorsement. > > > > Maximum penalty—50 penalty units. > > > (3) Licensee endorsements The licensee of licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises, unless the licensee holds a recognised competency card with— > > > > > (a) a current RSA endorsement, and > > > > > (b) in relation to tier 1 licensed premises—a current licensee endorsement, and > > > > > (c) in relation to tier 2 licensed premises—a current licensee endorsement and a current advanced licensee endorsement. > > > > Maximum penalty—50 penalty units. > > > (4) Manager endorsements The manager of licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises, unless the manager holds— > > > > > (a) a current RSA endorsement, and > > > > > (b) in relation to tier 1 licensed premises—a current licensee endorsement, and > > > > > (c) in relation to tier 2 licensed premises—a current licensee endorsement and a current advanced licensee endorsement. > > > > Maximum penalty—50 penalty units. > > > (4A) Subclauses (1) and (2) do not apply in relation to a staff member— > > > > > (a) whose principal place of residence is a State or Territory other than New South Wales, and > > > > > (b) who has completed an approved interstate RSA training course within the previous 5 years. > > > (5) Exemptions Subclause (3) does not require a licensee to hold a recognised competency card if the licensee is— > > > > > (a) a corporation, or > > > > > (b) a person who holds a licence transferred under a provisional approval to transfer the licence under section 60 of the Act (but only until the provisional approval ceases to have effect), or > > > > > (c) taken to be a licensee because of section 61 of the Act, or > > > > > (d) taken to be a licensee because of section 62 of the Act. > > > (6) Subclause (4) does not require a manager to hold a recognised competency card with a current licensee endorsement or current advanced licensee endorsement until 60 days after the day on which— > > > > > (a) the licensee gives the Authority notice of the manager’s appointment under section 69 of the Act, or > > > > > (b) in the case of a registered club that has only one set of premises or is a registered club referred to in section 66(3) of the Act—the secretary is approved to act as the secretary of the registered club under section 33 of the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031). > > > (7) Conduct of promotional activities For the purposes of this clause— > > > > > (a) liquor that is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to have been sold, supplied or served by retail, and > > > > > (b) any person by whom liquor is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to be a staff member. > > > (8) In this clause— > > > > principal place of residence means the place of residence or home that a person primarily occupies, on an ongoing and permanent basis, as the person’s settled or usual home. > > **cll 61C–61ZG:** Ins 2019 (126), Sch 1 \[9\] (disallowed, Legislative Council, 26.9.2019). > > **cl 63:** Am 2018 (781), Sch 1 \[4\] \[16\] \[17\]; 2019 (125), Sch 1 \[8\]; 2022 (862), Sch 1\[1\] \[2\].