54BA   Grant of nightclub licence

(1)  An application for a nightclub licence or to remove a nightclub licence must not be granted unless the court is satisfied that:

(a)  the benefit to the public in granting the application will outweigh the costs to the public, and

(b)  the granting of the application would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates, and

(c)  a development consent is in force under the Environmental Planning and Assessment Act 1979 for the use of the premises as a place of public entertainment within the meaning of that Act, and

(d)  the premises contain at least such sanitary and other facilities for the use of customers as the court thinks necessary having regard to the neighbourhood in which the premises are situated and such other matters as the court thinks relevant, and

(e)  practices are or will be in place and will remain in place at the premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.

(1A)  Where a nightclub licence is granted in relation to a nightclub that forms a contiguous part of a motel that contains not less than the prescribed number of bedrooms of a good standard each of which has separate sanitary and bathing facilities, the court may define the licensed premises to include the motel.

(2)  An application for a nightclub licence or to remove a nightclub licence must not be granted unless:

(a)  the court is satisfied that adequate staff, fittings, furniture, equipment and accommodation are, or will be, available on the premises to which the application relates for the supply of meals at one and the same time for at least 50 persons, or

(b)  if the court is not satisfied as to the matters specified in paragraph (a), a condition is imposed on the licence that liquor must not be sold or supplied on the premises during the period between noon and 8 pm on a day other than a restricted trading day, or between noon and 10 pm on a restricted trading day.

(3)  An application to remove a nightclub licence must not be granted unless the removal is to a place that is within the neighbourhood of the premises from which it is proposed to remove the licence.

(4)  In determining the costs to the public in granting a nightclub licence, or the removal of a nightclub licence, the court may take into account (but is not limited to) any of the following:

(a)  any social cost, for example, the potential disturbance to the amenity of the neighbourhood in which the licensed premises will be situated,

(b)  any additional demand for public services, such as police services, health services or services provided by local councils,

(c)  any adverse impact on existing businesses in the neighbourhood.

(5)  In determining the benefits to the public in granting a nightclub licence, or the removal of a nightclub licence, the court may take into account (but is not limited to) any of the following:

(a)  whether the members of the public who reside in or frequent the neighbourhood in which the licensed premises will be situated will benefit from an additional entertainment venue,

(b)  whether the granting of the application will result in an increased choice of entertainment for tourists and the public generally,

(c)  whether the granting of the application will result in increased competition or government revenue, or both.

(6)  An application for the endorsement of a nightclub licence with a dine-or-drink authority or to remove a licence endorsed with such an authority is not to be granted unless the court is satisfied that:

(a)  the granting of the application would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates, and

(b)  practices are or will be in place and will remain in place at the premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and

(c)  the primary purpose of the premises when entertainment is not being provided is to be a restaurant and the premises will at all relevant times be operated consistently with that primary purpose, and

(d)  the premises have the proper facilities for a restaurant, including facilities to support that primary purpose and facilities for the sale, supply and consumption of liquor, and

(e)  practices are or will be in place and will remain in place at the premises that ensure that no more than 30 per cent of the seated dining positions available when the premises are being operated as a restaurant will be allocated to persons not dining at the premises.