This Act may be cited as the Liquor Act 1982.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
2A Liquor harm minimisation is a primary object of this Act
A primary object of this Act is liquor harm minimisation, that is, the minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). The court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for liquor harm minimisation when exercising functions under this Act. In particular, due regard is to be had to the need for liquor harm minimisation when considering for the purposes of this Act what is or is not in the public interest.
3 Savings and transitional provisions
Schedule 1 has effect.
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:airport means a public airport established and maintained by a council within the meaning of the Local Government Act 1993.
application includes an application for a conditional grant of the application.
approved gaming machine has the same meaning as in the Gaming Machines Act 2001.
Australian wine means wine, cider, mead or perry that is the produce of fruit grown or honey produced, in Australia.
authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
beer means liquor which is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer.
Board means the Liquor Administration Board constituted by section 72.
brewer means a person who, for the purposes of sale, makes beer.
caterer’s licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor at a function, occasion or event held on any premises, or part of premises, on which the licensee provides catering services, but only for consumption on those premises.
catering services means services for the preparation and supply of food for consumption at functions, occasions and events.
Chairperson where occurring otherwise than in relation to the Board means Chairperson of the Licensing Court.
Chairperson of the Board means Chairperson of the Liquor Administration Board.
Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996.
close associate has the meaning given by section 4A.
community liquor licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises, being a licence that is granted as a community liquor licence.
condition, in relation to a licence, includes a provision operating otherwise than as a condition.
conditional application means an application that may only be granted conditionally.
court means the Licensing Court constituted as provided by section 9 or 10.
defined premises, in relation to a registered club, means the premises that are, within the meaning of the Registered Clubs Act 1976, the defined premises of that club.
dine-or-drink authority means an authority referred to in section 23AD.
dining room, in relation to licensed premises, means a part of the licensed premises used permanently and primarily for the consumption at tables of meals served otherwise than by self-service.
Director means the Director of Liquor and Gaming appointed as provided by section 6A.
employ includes engage under a contract for services.
employee includes a person engaged under a contract for services.
entertainment means entertainment provided by a person or persons physically present and actually providing the entertainment.
entertainment area means an area to which an authorisation granted by the Board under section 89 relates.
financial institution means:
(a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or(b) a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or(c) a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code.function means any dinner, ball, convention, seminar, sporting event, race meeting, exhibition, performance, trade fair or other fair, fete or carnival, or any other event or activity, that is conducted for public amusement or entertainment or to raise funds for any charitable or other purpose and, in relation to a surf life saving club, includes any gathering of members of the club (and their guests) organised by the club for social purposes.
Governor’s licence means a licence the issue of which is authorised under section 19.
hotel means the premises to which a hotelier’s licence relates.
hotelier means the holder of a hotelier’s licence.
hotelier’s licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises, being a licence that is granted as a hotelier’s licence.
key official means:
(a) the Director-General of the Department of Gaming and Racing, or(b) an officer of the Department of Gaming and Racing who is listed in Schedule 3B to the Public Sector Management Act 1988, or(c) an officer of the Department of Gaming and Racing who is not referred to in paragraph (a) or (b) but is the subject of a current written order by the Director-General of the Department that has been served on the officer and is to the effect that the officer is a key official for the purposes of this Act, or(d) the Director of Liquor and Gaming, or(e) the Commissioner of Police, or(f) a member of the Police Service Senior Executive Service, or(g) a police officer who holds the position of Patrol Commander or a higher position but is not referred to in paragraph (e) or (f), or(h) a member of the Police Service who is not referred to in paragraph (e), (f) or (g) but is the subject of a current written order by the Commissioner of Police that has been served on the member and is to the effect that the member is a key official for the purposes of this Act.lease includes a letting, whether oral or in writing and, if in writing, whether or not by deed.
licence means a licence in force under this Act.
licensed premises means:
(a) in the case of an on-licence to sell liquor at a function—the premises or part of premises in which the function is held, or(a1) in the case of a caterer’s licence:(i) premises or part of premises that comprise the commercial kitchen specified in the licence as the commercial kitchen to which the licence applies, and(ii) premises or part of premises in which a function, occasion or event is being held and at which the holder of the licence is selling liquor under the authority of the licence, or(b) in the case of any other licence to sell liquor—the premises or part of premises on which the sale of liquor is authorised by the licence.(c) (Repealed)Licensing Court means a Licensing Court of New South Wales.
liquor includes:
(a) a beverage which, at 20° Celsius, contains more than 1.15 per cent ethanol by volume, and(b) anything that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits, and(c) any other substance prescribed by the regulations as liquor.local consent authority, in relation to licensed premises or proposed licensed premises, means:
(a) (unless paragraph (b) applies) the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.local liquor accord means any code of practice, memorandum of understanding or other arrangement:
(a) that affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of or conduct of business on licensed premises, and(b) that is entered into in writing between two or more licensees (or between one or several licensees and one or several clubs registered under the Registered Clubs Act 1976), with the approval of the Commissioner of Police or a delegate of the Commissioner, for the purpose of eliminating or reducing alcohol-related violence or anti-social behaviour or other alcohol-related harm.low alcohol liquor means each of the following:
(a) undiluted and unadulterated liquor (other than wine of the grape) which, at 20° Celsius, contains 3.5 per cent or less ethanol by volume,(b) undiluted and unadulterated wine of the grape which, at 20° Celsius, contains 6.5 per cent or less ethanol by volume.manager or manager of licensed premises means a person appointed under Division 8A or 8B of Part 3 to manage licensed premises.
meal means a genuine meal partaken of by a person seated at a dining table.
minor means a person who has not attained the age of 18 years.
minors functions authority means a minors functions authority referred to in section 111A.
motel has the meaning given by section 4C.
motel licence means an on-licence granted in respect of a motel (not being an on-licence granted in respect of a restaurant or nightclub where the licensed premises are defined to include a motel).
nightclub licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises.
nightclub trading period, in relation to premises the subject of a nightclub licence, means a period, commencing no earlier than 8 pm on a day and ending no later than 6 am on the following day, during which the licensee is authorised under the licence to sell or supply liquor at the premises whether or not with or as ancillary to a meal.
non-proprietary association means:
(a) an incorporated or unincorporated body or association of persons (including a registered or unregistered club) that, by its constitution or any law that governs its activities:(i) is required to apply its profits (if any) and other income to the promotion of its objects or to purposes provided for by any such law, and(ii) is prohibited from paying dividends, or distributing profits or income, to its shareholders or members, or(b) a local council, or(c) the Darling Harbour Authority, or(d) the Sydney Harbour Foreshore Authority, or(e) any public authority declared by order of the Minister, published in the Gazette, to be a non-proprietary association for the purposes of this definition.off-licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption otherwise than on those premises.
on-licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises.
on-licence to sell liquor at a function means:
(a) a permanent on-licence (function), or(b) a temporary on-licence (function).owner, in relation to premises, means the person entitled to the rents or profits of the premises.
person authorised to sell liquor means:
(a) a licensee, or(b) a registered club, or(c) a person who is authorised, by the law of another State or a Territory of the Commonwealth, to sell liquor, or(c1) any person who sells or supplies liquor (otherwise than as referred to in section 6 (1) (c)–(f) or (2)) whether in New South Wales or elsewhere but is not required by the Act to hold a licence in respect of the sale or supply of liquor in New South Wales, or(d) a person who is prescribed, or who belongs to a class of persons that is prescribed, for the purposes of this paragraph.position of authority is defined in section 4B.
premises includes land, a vessel, a railway train, a tram car (whether or not running on rails or self-propelled) and an aircraft and, in relation to a conditional application, includes premises proposed to be erected and premises as proposed to be altered or added to.
prescribed place means a city, town or place declared by or under section 5 to be a prescribed place.
Principal Registrar means the registrar of the court at Sydney.
proof of age card means a document:
(a) issued by the Roads and Traffic Authority under section 117EA, or(b) issued by a public authority of the Commonwealth, or of another State or Territory, for the purpose of attesting to the identity and age of the holder.public hall means a public hall that is used or intended to be used for the purpose of conducting public meetings or providing public entertainment.
race meeting has the same meaning as in the Racing Administration Act 1998.
racing club means a body (whether incorporated or unincorporated) registered as a racing club by Racing New South Wales, Harness Racing New South Wales or Greyhound Racing New South Wales.
reception area means a part of a restaurant in which the sale, supply and consumption of liquor otherwise than at dining tables is authorised.
record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic process, or in any other manner or by any other means.
refreshments does not include liquor.
registered club has the same meaning as it has in the Registered Clubs Act 1976.
registrar means registrar of the court appointed under section 17.
regulations means regulations made under this Act.
responsible adult, in relation to a minor, means a person described by the regulations as being a responsible adult for the purposes of this Act, whether the description is given:
(a) by reference to the relationship between the person and the minor, or(b) in some other manner.restaurant means premises in which meals are, or upon the issue of a licence in relation to the premises are proposed to be, regularly supplied on sale to the public for consumption on the premises, but does not include premises to which a nightclub licence relates.
restaurant licence means an on-licence relating to a restaurant.
restaurant restricted period, in relation to licensed premises the subject of a restaurant licence to which a dine-or-drink authority relates, means a period, commencing no earlier than 10 pm on a day and ending no later than 6 am on the following day, during which the licensee is authorised to sell or supply liquor at the premises whether or not with or as ancillary to a meal.
restricted area, in relation to premises to which a hotelier’s licence relates, means a part of the premises in which liquor is ordinarily sold or supplied for consumption on the premises, not being:
(a) a dining room in which meals are being served,(b) a part of the premises in respect of which a minors functions authority or an authorisation under section 112 is in force whenever it operates to authorise the use by a minor of that part, or(c) a part of the premises in which liquor is, otherwise than as authorised under section 21 (2), sold or supplied exclusively to lodgers or inmates or both.restricted trading day means Good Friday, Christmas Day and any day declared by the Governor, by proclamation published in the Gazette, to be a restricted trading day for the purposes of this Act.
seated dining position means a seated dining position within the meaning of section 23AD.
sell includes:
(a) barter or exchange,(b) offer, agree or attempt to sell,(c) expose, send, forward or deliver for sale,(d) cause or permit to be sold or offered for sale, and(e) (Repealed)special area means a special area as referred to in section 69EA.
special event licence means a licence issued under section 18A.
special inspector means a person (including the Director) holding office under section 109 as a special inspector.
spirits includes any liquor prescribed as spirits.
spouse includes, in relation to a licensee, a person who, although not legally married to the licensee, ordinarily lives with the licensee as the spouse of the licensee on a permanent and domestic basis.
supply includes dispose of and deliver.
surf life saving club means a body (whether incorporated or unincorporated) that provides surf life saving services to members of the public in New South Wales.
theatre means a theatre or cinema that is used or intended to be used for the purpose of providing public entertainment.
this Act includes regulations.
trading hours, in relation to licensed premises, means the times at which, subject to this Act and the conditions of the licence, the sale of liquor on the premises pursuant to the licence is authorised.
university means a university established by an Act.
unregistered club means a club that is not a registered club within the meaning of the Registered Clubs Act 1976.
wine includes any liquor prescribed as wine.
(2) In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the registrar in relation to any application, licence or licensed premises is a reference to the registrar for the prescribed place at which the court would sit to hear the application or, as the case may be, an application relating to the licence or licensed premises.(3) Where the situation of the licensed premises is relevant for any purpose relating to an on-licence for a vessel or an aircraft, the licensed premises shall be deemed to be situated:(a) in the case of a vessel—at the usual port or place of departure or arrival of the vessel, or(b) in the case of an aircraft—at Sydney.(4) Where the situation of the licensed premises is relevant for any purpose relating to a caterer’s licence, the licensed premises are taken to be situated at the commercial kitchen to which the licence applies.(5) For the purposes of this Act, a licence is removed if, with the consent of the court given otherwise than pursuant to section 93, the authority conferred by the licence ceases to be exercisable at the premises to which the licence relates at the time of the grant of the application for removal and becomes exercisable at the premises to which the removal was sought.(6) A requirement under this Act to produce a record is, where the record is not written or not written in the English language, a requirement to produce a statement, written in the English language, setting forth such of the particulars in the record as are not written or are not written in the English language.(7) In this Act, a reference to the exercise of a function includes a reference to the exercise or performance of a power, authority or duty.(7A) In this Act, a reference to the secretary of a non-proprietary association is a reference:(a) in the case of a local council—to the general manager of the local council, or(b) in the case of a body referred to in paragraph (c), (d) or (e) of the definition of non-proprietary association—to the chief executive officer (however described) of the body.(8) For the purposes of Schedule 4 or 5, a reference to a Statistical Subdivision or Statistical Local Area is a reference to a Statistical Subdivision or Statistical Local Area as determined by the Australian Bureau of Statistics.(9) Notes included in this Act do not form part of this Act.
4A Meaning of “close associate”
(1) For the purposes of this Act, a person is a close associate of an applicant for a licence or a licensee if the person:(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee that is or will be carried on under the authority of the licence, and by virtue of that interest or power is or will be able (in the opinion of the court or the Director) to exercise a significant influence over or with respect to the management or operation of that business, or(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee that is or will be carried on under the authority of the licence.(2) In this section:relevant financial interest, in relation to a business, means:
(a) any share in the capital of the business, or(b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or(c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of licensed premises to receive rent as lessor of the premises).relevant position means:
(a) the position of director, manager or secretary, or(b) any other position, however designated, if it is an executive position.relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:
(a) to participate in any directorial, managerial or executive decision, or(b) to elect or appoint any person to any relevant position.(3) A financial institution is not a close associate within the meaning of this section by reason only of having a relevant financial interest in relation to a business.
4B Corporate licences—interpretation
(1) A reference in this Act to a position of authority in a body corporate is a reference to the position of chief executive officer, director or secretary of the body corporate.(2) A person who occupies a position of authority in a body corporate is to be regarded as interested in an application for a licence made by the body and as interested in the business of the licensed premises to which a licence held by the body corporate relates.(3) A person who is a shareholder in a body corporate is not (merely because of being a shareholder) to be regarded as a person who will be interested in an application for a licence made by the body corporate or in the business, or the profits or conduct of the business, to be carried on pursuant to the licence applied for or of the licensed premises to which a licence held by the body corporate relates.
(1) In this Act:motel means premises that provide temporary accommodation to travellers, comprising bedrooms each with en-suite bathing and sanitary facilities, but does not include a hotel, guest-house, boarding house, lodging house, nursing home or caravan park, or any other form of residential accommodation declared by the regulations to not be a motel for the purposes of this Act.
(2) An apartment complex that comprises separately owned apartments providing self-contained accommodation and that is operated to provide motel-style temporary accommodation to travellers is taken to be a motel for the purposes of this Act.(3) An apartment in such a complex is not taken to be part of the motel if the apartment:(a) is used as a private residence (and not for the temporary accommodation of travellers), or(b) is not the subject of the agreement or other arrangement under which apartments in the complex are operated to provide motel-style temporary accommodation.(4) A restaurant or nightclub that forms part of an apartment complex that is a motel under this section is, if the restaurant or nightclub is managed and operated as part of the complex, taken to form a contiguous part of the motel, for the purpose of enabling the licensed premises of the restaurant or nightclub to be defined to include the motel.
(1) For the purposes of this Act, Sydney is a prescribed place.(2) The regulations may declare any city, town or other place to be a prescribed place for the purposes of this Act.(3) Where a city, town or other place ceases to be a prescribed place, the regulations may include such provisions of a saving or transitional nature as are necessary or convenient as a consequence of that city, town or other place ceasing to be a prescribed place.
(1) Nothing in this Act applies to or in respect of the sale of:(a) (Repealed)(b) liquor on such trains under the control of the Rail Corporation New South Wales as are determined by the Corporation,(c) spirituous or distilled perfume where the sale is as perfumery only and not for drinking,(d) liquor where the sale is for medicinal purposes only and is made by:(i) a registered medical practitioner, or(ii) a nurse authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner, or(iii) a midwife authorised under that Act to practise as a midwife practitioner, or(iv) a person registered as a pharmacist under the Pharmacy Practice Act 2006,(e) liquor at the time it is auctioned by an auctioneer who is the holder of an off-licence, but only to the extent that the owner of the liquor would otherwise be required to be the holder of a licence, the liquor is auctioned on the premises to which the licence relates (or, in circumstances prescribed by the regulations, at other premises) and the auction is on behalf of a person not authorised to sell liquor on those premises at the time of the auction,(f) liquor taken in execution or under similar process, or forfeited to the Crown, where the sale is by the sheriff or a sheriff’s officer, or a bailiff or a member of the police force,(g) liquor where the sale is made by or on behalf of the master or captain for the time being of a vessel engaged in interstate or overseas voyages where the liquor is sold at a function held on board the vessel and the proceeds are given to a charity,(h) liquor where the sale is authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth, or(i) liquor where:(i) the sale is made as part of a sale of flowers or food designed to be delivered as a gift to a person (not being the purchaser) specified by the purchaser,(ii) the liquor is delivered together with the flowers or food to the person so specified at a place other than the premises at which the business of the vendor is conducted,(iii) the liquor has been purchased by the vendor from the holder of a hotelier’s licence or an off-licence to sell liquor by retail, and(iv) the volume of liquor supplied in respect of each gift delivered by the vendor does not exceed 2 litres.(2) Nothing in this Act applies to or in respect of the sale or supply of liquor:(a) to a person who is not a minor and who is accommodated in a nursing home within the meaning of the Public Health Act 1991 and who receives nursing care, if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the nursing home, or(b) to a person who is not a minor and:(i) who is an in-patient of a public hospital within the meaning of the Health Services Act 1997, or(ii) who is a patient of a private hospital within the meaning of the Private Hospitals and Day Procedure Centres Act 1988, or(iii) who is an in-patient of any other medical facility of a class prescribed by the regulations,if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the hospital or facility.
6A Director of Liquor and Gaming
A Director of Liquor and Gaming may be appointed under Part 2 of the Public Sector Management Act 1988.
(1) The Minister may delegate to a person any function conferred or imposed on the Minister by this Act, other than this power of delegation.(2) The Commissioner of Police may delegate to a person any function conferred or imposed on the Commissioner by this Act, other than this power of delegation.(3) The person to whom a function has been delegated by the Minister or the Commissioner of Police may delegate the function to another person, subject to any conditions to which the delegation by the Minister or the Commissioner is subject.(4) The Director may delegate to a person any function conferred or imposed on the Director by this Act, other than this power of delegation.(5) The Director-General of the Department of the Arts, Sport and Recreation may delegate any of the Director-General’s functions under this Act in relation to key officials and former key officials (including the granting of approvals and exemptions under sections 105A and 105B):(a) to the Commissioner, NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation, or(b) if there is no such position in that Department—to a senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002) employed in the NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation.