Division 2A Dine-or-drink authority

24A   Definition

For the purposes of this Division, a licensee means the holder of an on-licence relating to a restaurant, being an on-licence that is endorsed with a dine-or-drink authority.

24B   Records of food and liquor sales

For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that:

(a)  the licensee maintains proper and accurate records that show the total monthly liquor sales and the total monthly food sales for the restaurant to which the authority relates, and

(b)  such records are made available for inspection on request by a police officer or special inspector at any reasonable time.

24C   Advertising of restaurant

For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that is endorsed on an on-licence relating to a restaurant that the licensee is not to advertise the restaurant to which the authority relates in a manner that is inconsistent with the primary purpose of the premises, as referred to in section 23 (2A) of the Act (including, for example, advertising the restaurant only as a drinking bar or as other such premises that have as their primary purpose the sale of liquor).

24D   Increase in seated dining positions

For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that is endorsed on an on-licence relating to a restaurant and that authorises 100 or fewer seated dining positions that the number of seated dining positions at the restaurant to which the authority relates may exceed 100 only if:

(a)  the increase in seated dining positions is otherwise authorised under the Act, and

(b)  the difference between:

(i)  the prescribed fee paid for the dine-or-drink authority under section 56 (9) of the Act, and

(ii)  the prescribed fee applicable to a dine-or-drink authority authorising over 100 seated dining positions for premises in the same area as the restaurant concerned,

      has been paid.

24E   Display of notice advising public of dine-or-drink authority

For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority (whether endorsed on an on-licence relating to a restaurant or on a nightclub licence) that:

(a)  a notice is to be displayed, at or near the main public entrance to the restaurant or nightclub, that clearly indicates that the restaurant or nightclub is a dine-or-drink venue, and that clearly states the percentage of seated dining positions available for diners under the authority (for example, in the case of a restaurant, “Dine-or-drink—This licensed restaurant serves diners and drinkers, with 70% of seats reserved for diners.” or, in the case of a nightclub, “Dine-or-drink—Prior to 8pm, this nightclub serves diners and drinkers, with 70% of seats reserved for diners.”), and

(b)  the wording in the notice is legible and prominent, and

(c)  the notice is displayed in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.