80 Seal of Licensing Court (section 7 (1) of the Act)
The seal of the Licensing Court is:
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For the purposes of clause 54 of Schedule 1 to the Act, the prescribed date is 31 December 1998.
81 Enforcement of orders for payment of certain amounts
(1) For the purposes of sections 16 (3) and 69 (3) of the Act, the prescribed documents are:(a) a copy of the order to pay the costs or penalty, certified as a true copy by the registrar of the court, and(b) an affidavit as to the amount owing under the order at the time of filing of the documents.(2) For the purposes of section 99 (4) of the Act, an affidavit as to the amount owing under the order at the time of filing of a copy of the order is prescribed as a document to be filed with the copy.
81A Matters that may be dealt with by Principal Registrar (section 17 (4) of the Act)
For the purposes of section 17 (4) of the Act, the Principal Registrar may exercise the jurisdiction of the court in relation to the following matters, being matters to which there has been no objection:(a) the jurisdiction of the court under section 32 of the Act with respect to an application to vary the trading hours for licensed premises to which an on-licence (restaurant) relates,(b) the jurisdiction of the court under section 33 (b) of the Act with respect to an application for an order that fixes the trading hours in respect of licensed premises to which an on-licence (theatre) relates,(c) the jurisdiction of the court under section 34 of the Act with respect to an application for an order that fixes the trading hours in respect of licensed premises to which an on-licence (university) relates,(d) the jurisdiction of the court under section 35A of the Act with respect to an application for a variation of the trading hours for licensed premises to which an on-licence (vessel) relates,(e) the jurisdiction of the court under section 51 of the Act with respect to an application for a permanent on-licence (function),(f) the jurisdiction of the court under section 61 of the Act with respect to an application for the transfer of a licence, including the jurisdiction of the court under that section to make a provisional grant of the application, but only if:(i) the proposed transferee has completed a course of training approved by the Board that promotes the responsible sale, supply and service of liquor, and(ii) the proposed transferee has completed any course of training or instruction required by or under the Act or the court has determined that the proposed transferee is not required to complete such a course of training,(g) the jurisdiction of the court to allow additional periods in which the provisional grant of an application for the transfer of a licence has effect (as referred to in section 61 (4) (b) of the Act),(h) the jurisdiction of the court under section 69D of the Act with respect to an application for the approval of a person’s appointment as the manager of licensed premises, including the jurisdiction of the court under that section to grant a provisional approval.
82 Notice of intention to raise objection or question (section 18 (11) of the Act)
(1) For the purposes of section 18 (11) of the Act, notice of intention to raise an objection or question based on section 18 (9) or (10) of the Act:(a) must be made in writing, and(b) must identify the licence that is allegedly available as referred to in section 18 (9) or (10) of the Act, and(c) must be lodged with the Principal Registrar.(2) A copy of the notice must be served on the applicant concerned.
83 Exceptions from section 23 (3A) of the Act
For the purposes of section 23 (3A) of the Act, each of the businesses specified in column 1 of the following Table may be or include a business limited at any time only to selling or supplying liquor to the particular class or classes of persons specified in column 2 opposite the business concerned.
Table
Column 1
Column 2
Business
Class/classes of persons
The business carried on under an on-licence relating to premises that the Board is satisfied are used and occupied at the British Aerospace Flight Training Academy at Basil Brown Drive, Tamworth, by British Aerospace Flight Training (Australia) Pty Limited.
The class of persons resorting to the premises comprising the staff and students of the Academy and their guests.
The business carried on under an on-licence relating to the premises that the Board is satisfied are used and occupied by or on behalf of GIO Australia Limited and being the Mona Vale Conference Centre located at 33 Bassett Street, Mona Vale, Sydney.
The class of persons resorting to the premises comprising those persons who are attending a conference or function on or at the premises.
The business carried on under an on-licence relating to premises within a hospital, nursing home, aged care facility or retirement village.
The class of persons resorting to the premises comprising the staff, patients and residents of the hospital, nursing home, aged care facility or retirement village, and their guests.
The business carried on under a hotelier’s licence relating to premises that are used and occupied at The Station Resort, Jindabyne at Lot 13 Dalgety Road, Jindabyne, by Perisher Blue Pty Limited.
The class of persons resorting to the premises comprising the staff and guests of the hotel.
The business carried on under an on-licence relating to premises operated by a surf life saving club.
The class of persons resorting to the premises comprising staff, members and guests of the club.
The business carried on under an on-licence relating to premises used and occupied by Morris Corporation (Aust) Pty Ltd, being the mess facilities at the Bemax-Gingko Mine Site near Pooncarie.
The class of persons resorting to the premises comprising the staff of the mine and other persons permitted to use the mess facilities.
83A Dates prescribed for special events Sunday hotel trading
The following dates are prescribed for the purposes of section 24B of the Act:Sunday 11 December 2005
Sunday 1 January 2006
Sunday 15 January 2006
Sunday 22 January 2006
Sunday 29 January 2006
Sunday 5 February 2006
Sunday 12 February 2006
Sunday 19 March 2006
Sunday 26 March 2006
Sunday 16 April 2006
Sunday 11 June 2006
Sunday 18 June 2006
Sunday 25 June 2006
Sunday 9 July 2006
1 October 2006
21 January 2007
28 January 2007
4 February 2007
11 February 2007
8 April 2007
10 June 2007
29 July 2007
Sunday 30 September 2007
Sunday 27 January 2008
Sunday 3 February 2008
Sunday 10 February 2008
Sunday 17 February 2008
Sunday 24 February 2008
Sunday 2 March 2008
Sunday 23 March 2008
Sunday 8 June 2008
Sunday 5 October 2008
84 Application to amend a conditional grant of an application—notice to objectors
For the purposes of section 40 (3) of the Act, the prescribed notice is 14 clear days.
85 Transfer of on-licence (function) on change of secretary—time for lodgment
For the purposes of section 41 (3) of the Act, the time for lodgment of the licence and the notification of the name of the successor to the secretary of the non-proprietary association is 14 days after the new secretary’s succession to office.
86 On-licence (restaurant) or nightclub licence with a motel—number of rooms
For the purposes of sections 53 (2), 54BA (1A) and 90 (2) of the Act, the prescribed number of bedrooms or rooms is 15.
86A Managers for licensed premises in special areas
(1) The parts of avenues, streets, lanes and roads specified in Schedule 2 (Kings Cross) to the Act are prescribed as a special area for the purposes of Division 8B of Part 3 of the Act.(2) Section 69EB (a) of the Act does not affect the appointment of a manager of existing licensed premises that took place before the commencement of that section so long as the appointment is notified in accordance with section 69EC of the Act before 1 November 1996.
86B Maximum period for which court may order closure of premises
The period prescribed for the purposes of section 104C (5) of the Act is 6 months.
86C Gaming or liquor-related services
(1) For the purposes of section 101 (9) of the Act, the following services are prescribed as gaming or liquor-related services (but not to the extent that the services are provided for the purposes of an authorised CMS within the meaning of the Gaming Machines Act 2001, or an authorised inter-hotel linked gaming system within the meaning of Part 9 of that Act, conducted at the licensed premises):(a) services that promote the use of gaming machines or of services or facilities relating to gaming machines,(b) services that promote activities, services or facilities of which gaming machines, or services or facilities relating to gaming machines, form part,(c) consultancy or advisory services that include advice on the management or operation of gaming machines or of services or facilities relating to gaming machines,(d) services for the management or supervision of gaming machines or of services or facilities relating to gaming machines,(e) services that promote the sale or supply of liquor,(f) consultancy or advisory services that include advice on the sale or supply of liquor, and(g) services for the management or supervision of the sale or supply of liquor.(2) In this clause:gaming machine means an approved gaming machine within the meaning of the Gaming Machines Act 2001.
86D Sale of undesirable liquor products
(1) For the purposes of section 117I of the Act, the following are declared to be undesirable liquor products:(a) alcoholic iceblock—a product that is sold in an individual package or individual packages for consumption in frozen form and that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume,(b) a product that is sold in an aerosol container for consumption by humans and that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume,(c) any milk product that is sold or supplied under a name that consists of, or includes, the words “Moo Joose” and that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume,(d) any alcoholic vapour that is sold or supplied for consumption in that form.(2) In subclause (1) (c), milk product includes any product made from reconstituted milk (that is, any substance in the nature of milk that has been prepared from milk concentrate or milk powder).
86E Wharves at which berthed vessels may sell or supply liquor
For the purposes of section 35 (2) (a) of the Act, the following wharves are prescribed:(a) King Street Wharf, Darling Harbour,(b) Sydney Aquarium Wharf, Pier 26, Darling Harbour,(b1) Wharves 5, 7 and 8, Darling Harbour,(c) Pyrmont Wharves 12 and 13, Pyrmont,(d) the wharf located at Sans Souci Park adjacent to the north end of the Captain Cook Bridge, known as the Sans Souci Wharf,(e) the wharf in Nelson Bay Harbour located at Victoria Parade, Nelson Bay, adjacent to the eastern rock groyne, known as the Cruise Passenger Terminal Wharf,(f) the wharf in Nelson Bay Harbour located at Teramby Road, Nelson Bay, within the marina known as the d’Albora Marina,(g) the wharf located at 91 Hannell Street, Wickham, within the marina known as the Newcastle Cruising Yacht Club Marina,(h) Dolphin Watch Cruises Wharf, Currumbene Creek, Huskisson,(i) Tuna Wharf, Ulladulla Harbour,(j) Port Venture Wharf, Clarence Street, Port Macquarie.
86F Drinking water to be available free of charge where liquor served
A licence (other than an off-licence) is subject to a condition that drinking water must, at all times while liquor is sold or supplied on the licensed premises, be made available free of charge to patrons at or near the point of service at which, or by the same means of service by which, liquor is sold or supplied on the premises.
For the purposes of section 145A of the Act:(a) each offence created by a provision of the Act or this Regulation specified in Column 1 of Schedule 3 is stated to be an offence to which that section applies, and(b) the prescribed penalty payable for such an offence if dealt with under that section is:(i) in the case of a person other than a minor—the amount specified in Column 4 of Schedule 3 (if any), or(ii) in the case of a minor—the amount specified in Column 5 of Schedule 3 (if any).
88 Short descriptions of offences
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 3 is:(a) if one or more IPB codes are set out in relation to the offence in Column 3 of Schedule 3, any of those IPB codes together with:(i) the text set out in relation to the offence in Column 2 of Schedule 3, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or(b) if no IPB code is set out in relation to the offence in Column 3 of Schedule 3:(i) the text set out in relation to the offence in Column 2 of Schedule 3, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 3, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.(4) Subclause (3) applies to any information, complaint, summons warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
89 Completion of course of instruction (section 150 of the Act)
Unless the court otherwise determines in relation to a particular applicant or class of applicants, an application for, or for the transfer of, a hotelier’s licence, a nightclub licence, an on-licence (restaurant), an on-licence (motel) or a caterer’s licence must not be granted unless the applicant has attended a course of training or instruction approved by the Board.
For the purposes of section 155A (2) (c) of the Act, the following persons are prescribed:(a) the Director of Liquor and Gaming,(b) the Casino Control Authority.
(1) The Liquor Regulation 1983 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Liquor Regulation 1983, had effect under that Regulation continues to have effect under this Regulation.
(1) In this clause, licence means a licence in respect of which a variation of trading hours under section 32 (3) of the Act is in force because of clause 47 of Schedule 1 to the Act.(2) Clauses 20, 36 and 62, as in force immediately before the commencement of this clause, continue to apply to a licence, a licensee and premises the subject of a licence while the licence remains in force.