An Act to regulate the sale and supply of liquor, to regulate the use of premises on which liquor is sold and for certain other purposes.

Part 1 Preliminary

1   Name of Act

This Act may be cited as the Liquor Act 1982.

2   Commencement

(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.

2B   (Repealed)

3   Savings and transitional provisions

Schedule 1 has effect.

4   Definitions

(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.

4C   Motels

(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.

5   Prescribed places

(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.

6   Application of Act

(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.

6B   Delegations

(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.

Part 2 The Licensing Court

7   Licensing Court of New South Wales

(1)  The Licensing Court of New South Wales is a court of record with the prescribed seal and is constituted as provided by sections 9 and 10.

(2)  The court has the jurisdiction and powers conferred on it by or under this or any other Act and shall record its decisions in such manner as it thinks fit.

(3)  Subject to this Act, the court, wherever sitting, has jurisdiction throughout New South Wales.

8   Appointment of licensing magistrates

(1)  The Governor may:

(a)  appoint as licensing magistrates not less than 3 persons each of whom is a Magistrate or a person eligible to be appointed as a Magistrate, and

(b)  by the same or a different instrument, appoint one of those persons as Chairperson of the Licensing Court of New South Wales and another of them as Deputy Chairperson of the Licensing Court of New South Wales.

(2)  In the absence of the Chairperson, the Deputy Chairperson shall be deemed to be the Chairperson.

(3)  Subject to this section, a licensing magistrate:

(a)  holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment,

(b)  is eligible for re-appointment,

(c)  may not, without the approval of the Governor, engage in any business or employment outside the duties of his or her office, and

(d)  is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.

(3A)  A licensing magistrate who is a Magistrate with limited tenure within the meaning of the Local Courts Act 1982 is entitled to be paid (and is taken always to have been entitled to be paid) remuneration payable in respect of Magistrates with limited tenure under section 24 (2) of that Act.

(4)  The Public Service Act 1979 does not apply to or in respect of:

(a)  the appointment of a licensing magistrate, or

(b)  a licensing magistrate during his or her term of office as such,

      but a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was a Magistrate does not, by reason of that appointment, cease to be a Magistrate and a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was not a Magistrate becomes, by virtue of that appointment, a Magistrate.

(5)  Subsection (4) does not affect any right accrued or accruing under the Public Service Act 1979 or the Superannuation Act 1916 at the time of his or her appointment to a person appointed as a licensing magistrate and the person may continue to contribute to any fund or account, and is entitled to receive any payment, pension or gratuity, as if subsection (4) had not been enacted.

(6)  A person holding office as licensing magistrate is taken to hold the office on a part-time basis:

(a)  if, immediately before being appointed to the office, the person was a part-time Magistrate within the meaning of the Local Courts Act 1982, or

(b)  if the person became a Magistrate by virtue of being appointed to the office and:

(i)  the person’s appointment as a licensing magistrate is expressed, in the instrument by which the person is appointed, to be on a part-time basis, or

(ii)  although not appointed on a part-time basis, the person, by agreement in writing entered into with the Chief Magistrate, exercises the functions of the office of licensing magistrate on a part-time basis.

(7)  A licensing magistrate vacates his or her office as such if he or she resigns the office by writing under his or her hand addressed to the Minister and the Governor accepts the resignation.

(8)  If the Chairperson, or the Deputy Chairperson, ceases to hold office as a licensing magistrate, he or she ceases to hold office as Chairperson or, as the case may be, as Deputy Chairperson and, if a licensing magistrate ceases to hold office as a Magistrate, he or she ceases to hold office as a licensing magistrate.

9   Constitution of the court at first instance

(1)  Except to the extent that this Act otherwise provides, the Licensing Court of New South Wales is constituted by:

(a)  a licensing magistrate sitting alone,

(b)  a Magistrate (other than a licensing magistrate) sitting alone in accordance with a delegation to him or her of any or all of the jurisdiction of a licensing magistrate (either generally or in a particular case) by the Chairperson, or

(c)  if the Chairperson so directs (either generally or in a particular case)—2 or more licensing magistrates.

(2)  Where the court is constituted as provided by subsection (1) (c):

(a)  the Chairperson is to preside if the Chairperson is sitting, or

(b)  the Deputy Chairperson is to preside if the Deputy Chairperson is sitting and the Chairperson is not, or

(c)  where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson is to preside.

(3)  Where the court is constituted as provided by subsection (1) (c) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.

(4)  The court may not be constituted under subsection (1) (c) for the hearing and determination of the matter of a complaint under section 67 except by leave of the Chairperson given on the application of all the parties.

(5)  A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.

10   Constitution of the court on appeal

(1)  For the purpose of hearing and determining an appeal to the court under this or any other Act, the Licensing Court of New South Wales is constituted by:

(a)  3 or more licensing magistrates, or

(b)  if the Chairperson so directs—2 licensing magistrates sitting with a Magistrate (other than a licensing magistrate) appointed by the Chairperson,

      none of whom constituted, or was a member of, the court from the adjudication of which the appeal lies.

(2)  Where the court is constituted as provided by subsection (1):

(a)  the Chairperson shall preside if he or she is sitting,

(b)  the Deputy Chairperson shall preside if he or she is sitting and the Chairperson is not, or

(c)  where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson shall preside.

(3)  Where the court is constituted as provided by subsection (1) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.

(4)  A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.

11   Sittings of the court

(1)  Sittings of the court shall be held at prescribed places.

(2)  The sittings and constitution of the court pursuant to section 9 or 10 shall be arranged by the Chairperson or, to the extent directed by the Chairperson, by the Deputy Chairperson.

(3)  The venue for the hearing of a matter by the court shall be laid as provided by the regulations.

(4)  A person is disqualified from sitting in or as the court for the hearing and determination of a matter under this Act if:

(a)  the person is beneficially interested in the manufacture or sale of liquor,

(b)  the person has a beneficial interest in any licensed premises or any premises proposed as licensed premises,

(c)  the person holds a licence,

(d)  the person is beneficially interested in a trade or calling carried on under a licence,

(e)  a person to or with whom the person is, in such manner (if any) as may be prescribed, related or connected is the holder of a licence in respect of premises in the neighbourhood of the premises in relation to which the matter is to be heard and determined, or

(f)  the person is beneficially interested in a trade or calling carried on under a licence relating to premises referred to in paragraph (e).

(5)  A reference in subsection (4) to a licence includes a reference to a gaming-related licence within the meaning of the Gaming Machines Act 2001.

12   Procedure before Licensing Court

(1)  Except to the extent that this Act otherwise provides, proceedings before the court:

(a)  shall, except in the case of proceedings under section 145, be instituted by application, and

(b)  shall, as nearly as practicable, be regulated in the same way as summary proceedings before a Local Court.

(2)  In any proceedings before it other than proceedings under section 145 of this Act, section 197 of the Gaming Machines Act 2001 or section 65 of the Registered Clubs Act 1976, the court:

(a)  is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit, and

(b)  shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.

(2A)  Parts 2–4 of Chapter 4 of the Criminal Procedure Act 1986 apply to proceedings for offences dealt with by the Licensing Court.

(3)  The magistrate who constitutes the court or, where the court is constituted by more than 1 magistrate, the presiding magistrate, may take, administer or cause to be taken or administered any oath, declaration, affirmation or deposition relating to a proceeding before the court.

(4)  Part 4 of Chapter 4 of the Criminal Procedure Act 1986 applies to proceedings in the Licensing Court (not being criminal proceedings) in the same way as it applies to criminal proceedings in that Court.

(5)  (Repealed)

(6)  The business of the court may be conducted in the absence of the public:

(a)  in the case of an application to which no objection has been taken, and

(b)  in such other cases as may be prescribed.

13   Contempt of the court

Where the court finds a person guilty of contempt of the court:

(a)  it may require the person to pay a penalty not exceeding 10 penalty units and may, in default of payment of the penalty, by warrant under the seal of the court and the hand of the only or presiding magistrate, commit that person to prison for a term not exceeding 14 days or until the fine is sooner paid, or

(b)  it may, by a like warrant, commit the person to prison for a term not exceeding 14 days.

14   Adjournments

(1)  The court may at any stage of proceedings adjourn the proceedings in an application or matter generally or to a specified time or place.

(2)  If the court is not constituted in accordance with this Act because a member of the court is absent, any member of the court who is present, or if no member of the court is present a registrar, may adjourn the court or the hearing of any application of the matter.

(3)  An adjournment of proceedings may be in such terms as to costs or otherwise as the court thinks fit.

(4)  This section does not apply to proceedings for offences dealt with by the court.

15   Amendment of documents

(1)  On the hearing of an application under this or any other Act, the court may, of its own motion, or on such terms as to costs or adjournment as it thinks fit, on the application of a party to proceedings:

(a)  permit the lodging or amendment of any notice or of any document or instrument necessary to the proceedings before the court, and

(b)  disregard any omission, error, defect or insufficiency in respect of the giving, serving, affixing, keeping affixed, advertising or publishing of the document or instrument or any other matter or thing not going to the substance of the matter before the court.

(2)  This section does not apply to proceedings for offences dealt with by the court.

16   Costs

(1)  The costs of any proceedings in the court (other than proceedings for an offence) including the costs of any ancillary proceedings shall be paid by or apportioned between the parties in such manner as the court in its discretion orders and, in default of any such order, follow the event.

(1A)  If the court orders an applicant under Part 3 to pay costs, the court may also order that a person who is directly interested in the application, or in the business (whether proposed or actual) to which the application relates, or in the profits of that business, is to be jointly and severally liable (with the applicant) for the payment of those costs.

(2)  Except in such circumstances as may be prescribed, costs shall not be awarded against an unsuccessful opponent of an application or a complainant on the grounds specified in section 68 (1) (d) if the court is satisfied:

(a)  that the person opposing the application or making the complaint had no direct or indirect pecuniary interest in the refusal of the application and no expectation of such an interest, and

(b)  that his or her opposition or complaint was not malicious, vexatious or frivolous.

(3)  Where an order for an amount of costs and expenses is made under subsection (1) and the prescribed documents are filed in the office of a Local Court having jurisdiction under the Civil Procedure Act 2005 at or nearest the prescribed place at which the application that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of that amount in accordance with the order of the court.

17   Registrars of the court

(1)  The Governor may, under and subject to the Public Service Act 1979, appoint a Principal Registrar and a registrar of the court for each prescribed place other than Sydney.

(2)  Until some other person is appointed as registrar of the court for a prescribed place, the registrar of the court for the prescribed place is the person for the time being holding, or discharging the functions of, the office of registrar of the Local Court at the prescribed place or, if there is no such person, at another place specified by the Minister instead of the prescribed place, by order published in the Gazette.

(3)  The Principal Registrar is the registrar of the court at Sydney.

(4)  The regulations may provide for the exercise by the Principal Registrar of the jurisdiction of the court in relation to a matter to which there has been no objection.

(5)  A reference in this Act to the court includes, if the jurisdiction of the court is exercised by a registrar in accordance with this Act or the regulations, a reference to the registrar, except as otherwise provided by this Act.

(6)  If a registrar grants a licence or exercises any other function of the court in accordance with this Act or the regulations, the registrar may impose any conditions that the court could impose in those circumstances, except as otherwise provided by this Act.

17A   Nature of disciplinary jurisdiction of court

In any proceedings under this or any other Act in which the court is dealing with a complaint against a person or body (not being proceedings for an offence), the court has, despite any other law, the following powers and discretions:

(a)  the court may, in imposing a penalty or making any decision in relation to the complaint, take into account the deterrent effect, or punitive effect, or both, of the penalty or decision,

(b)  the court is not required, in imposing a penalty or making any decision in relation to the complaint, to take into account any action taken by any person or body to rectify or mitigate the subject-matter of the complaint.

17B   (Repealed)

Part 3 Licences

Division 1 Classes of licences

18   Court may grant licences

(1)  Subject to this Act, the court may grant a licence in a form approved by the Board authorising the licensee to sell liquor on the premises specified in the licence.

(2)  The court may, under subsection (1), grant:

(a)  a hotelier’s licence, being a licence that is granted as a hotelier’s licence and, 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,

(b)  an off-licence, being 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,

(c)  an on-licence, being 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, or

(d)  a caterer’s licence, being 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, or

(e)  a nightclub licence, being 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, or

(f)  a community liquor licence, being a licence that is granted as a community liquor licence and, 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.

(3)  An off-licence may be:

(a)  a licence to sell liquor by retail,

(b)  a licence for a vigneron,

(c)  a licence to sell liquor to persons authorised to sell liquor,

(d)  a licence for a brewer, or

(e)  a licence to auction liquor on behalf of a person not authorised to sell liquor.

(4)  The premises in relation to which an on-licence (other than an on-licence to sell liquor at a function) may be granted are:

(a)  premises at an airport,

(b)  a public hall,

(c)  a restaurant,

(c1)  a motel,

(d)  a theatre,

(e)  premises within a university that are occupied by a union, association or club within the university,

(f)  a vessel or an aircraft, and

(g)  any premises in respect of which a certificate given by the Board under section 74A is in force.

(5)  An on-licence to sell liquor at a function may be:

(a)  an on-licence (referred to in this Act as a permanent on-licence (function)) that is granted on a permanent basis for the purposes of functions to be held while the licence is in force, or

(b)  an on-licence (referred to in this Act as a temporary on-licence (function)) that is granted on a temporary basis for the purposes of not more than 3 functions to be held during the year in which the licence is in force.

(5A)  An on-licence to sell liquor at a function may only be granted to:

(a)  a person on behalf of a non-proprietary association, or

(b)  a person in respect of a trade fair.

(5B)  A permanent on-licence (function) authorises the licensee to sell and supply liquor at:

(a)  the functions approved by the court when granting the licence to be held within the first year during which the licence is in force, and

(b)  any additional functions approved by the court on application subsequently made by the licensee.

(5C)  A temporary on-licence (function) authorises the licensee to sell and supply liquor at not more than 3 functions approved by the court when granting the licence.

(5D)  A community liquor licence may be granted only to a person on behalf of a non-proprietary association.

(6)  On application by the holder of a hotelier’s licence, the court (or, if there is no objection to the application, the registrar) may authorise the sale of liquor at a function to be held on premises other than the premises to which the hotelier’s licence relates. The application must be dealt with as prescribed by the regulations and is to be granted only if the court or the registrar is satisfied that the circumstances in which the function concerned is proposed to be held comply with any prescribed requirements.

(6A)  The provisions of section 51 apply to an application under subsection (6) in the same way as they apply to an application for a temporary on-licence (function).

(6B)  On the granting of an application under subsection (6):

(a)  the hotelier’s licence is taken, for the purpose of authorising the sale of liquor at the function concerned, to operate as a temporary on-licence (function), and

(b)  the conditions prescribed by section 23AB and section 51B (2) apply to the hotelier’s licence, except as provided by subsection (6C), and

(c)  the provisions of sections 23AC and 29, and any conditions prescribed by the regulations, apply in respect of the function.

(6C)  If a function referred to in subsection (6) is held on premises that are adjacent to the premises to which the hotelier’s licence relates, the conditions prescribed by section 23AB (5) may be complied with as though the reference in those conditions to the licensee were a reference to an employee or agent of the licensee.

(7)  Notwithstanding anything in this Act, the authority conferred by a licence referred to in subsection (3) (a), (b) or (c) extends to supplying liquor to customers and intending customers for consumption on the licensed premises if the liquor:

(a)  is liquor that the licensee is authorised to sell,

(b)  is supplied gratuitously, and

(c)  is consumed for tasting purposes only.

(8)  Notwithstanding subsection (3) (c), the authority conferred by a licence referred to in that paragraph includes authority, to the extent provided in section 22 and subject to section 22 (2A), to sell liquor to employees of the licensee.

(9)  Subsections (1) and (2) do not authorise the court to grant a new hotelier’s licence unless it is satisfied that an existing hotelier’s licence is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.

(10)  Subsections (1) and (2) do not authorise the court to grant a new off-licence of the kind referred to in subsection (3) (a) unless it is satisfied that an existing off-licence of that kind is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.

(10A)  Subsections (1) and (2) do not authorise the court to grant an on-licence in relation to premises if the grant of the licence will result in there being an on-licence in force in relation to a motel at the same time as a separate on-licence is in force in relation to a restaurant at the motel.

(11)  Unless at least 1 month’s notice of intention to do so is given as prescribed, an objection or question based on subsection (9) or (10) may not be made or raised at the hearing of an application.

(12)  The jurisdiction of the court to grant a motel licence may be exercised by the Principal Registrar if there is no objection to the grant of the licence.

(13)  The following provisions of this Act and the regulations apply to and in respect of a motel licence in the same way as they apply to and in respect of a hotelier’s licence:

(a)  provisions of the regulations as to the making, advertising and lodging of an application for a licence and as to the documents required to accompany such an application.

(b), (c)  (Repealed)

18A   Minister may authorise issue of special event licences

(1)  The Minister may authorise the court to issue a licence, to be known as a special event licence, authorising the sale of liquor, on premises specified in the licence on a day or days so specified during which a special event is held, subject to such conditions and exemptions as the Minister may specify.

(2)  Before authorising the issue of a special event licence, the Minister may, if the Minister thinks fit, obtain a report from the Board or from the Commissioner of Police, or both, on any proposal for such an authorisation.

(3)  The Minister may:

(a)  vary, add to or revoke any condition imposed, or exemption granted, in respect of a special event licence whether under subsection (1) or under any other provision of this Act, or

(b)  in the absence of any such condition or exemption, impose a condition or grant an exemption and, having imposed or granted it, vary, add to or revoke it.

(4)  The Minister is not to authorise the issue of a special event licence unless the Minister is satisfied, on information supplied by the Board or otherwise, that practices will be in place at the licensed premises as soon as the licence is issued that ensure, as far as reasonably practicable, that:

(a)  liquor is sold, supplied and served responsibly on the premises, and

(b)  all reasonable steps are taken to prevent intoxication on the premises,

      and that those practices will remain in place while the licence is in force.

(5)  A condition cannot be imposed on a special event licence except under this section.

(6)  With the consent of the licensee, the Minister may, by order in writing, suspend, for the duration of a special event licence granted in respect of any premises, another licence in force in respect of the same premises.

(7)  In this section, special event means an event that the Minister considers to be of State or regional significance.

19   Governor’s licences

(1)  The Governor may, on the recommendation of the Minister and subject to such conditions as the Minister may impose, authorise the court to issue a licence authorising the sale of liquor:

(a)  in a refreshment room, or at a stall, at a specified railway station,

(a1)  in the Parliamentary precincts (within the meaning of the Parliamentary Precincts Act 1997),

(b)  on premises vested in the Crown or a public authority constituted by an Act,

(c)  in a canteen at a construction camp specified in the licence or at works of a public nature so specified, or

(d)  on premises occupied by a racing club,

      subject to such conditions and exemptions as the Governor may impose and grant.

(2)  Before making a recommendation for the purposes of subsection (1), the Minister may, if the Minister thinks fit, obtain a report from the Board on any proposal that the court be authorised under subsection (1) to issue a licence.

(2A)  The Minister is not to make a recommendation under subsection (1) unless the Minister is satisfied, on information supplied by the Board or otherwise, that practices will be in place at the licensed premises as soon as the licence is issued that ensure, as far as reasonably practicable, that:

(a)  liquor is sold, supplied and served responsibly on the premises, and

(b)  all reasonable steps are taken to prevent intoxication on the premises,

      and that those practices will remain in place while the licence is in force.

(3)  The Governor may, on the recommendation of the Minister:

(a)  vary, add to or revoke any condition imposed, or exemption granted, in respect of a Governor’s licence whether under subsection (1) or under any other provision of this Act, or

(b)  in the absence of any such condition or exemption, impose a condition or grant an exemption and, having imposed or granted it, vary, add to or revoke it.

(4)  A condition cannot be imposed on a Governor’s licence under any other section of this Act, and any condition to which a Governor’s licence is subject cannot be varied, added to or revoked under any other section of this Act, unless the Governor has, on the recommendation of the Minister, approved of the proposed condition, variation, addition or revocation.

(5)  A licence issued under this section ceases to be in force:

(a)  in the case of a licence authorising the sale of liquor at a specified railway station—if the railway station ceases to be regularly serviced by a passenger train (or a motor omnibus or other motor vehicle) operated by or on behalf of Rail Corporation New South Wales, or

(b)  in the case of a licence authorising the sale of liquor on premises referred to in subsection (1) (b)—if the premises cease to be vested in the Crown or a public authority constituted by an Act, or

(c)  in the case of a licence authorising the sale of liquor at a construction camp or works referred to in subsection (1) (c)—if the construction camp or works have ceased to exist, or

(d)  in any case—on the expiry of a period of time, if the licence so provides.

Division 2 Duration and conditions of licences

19A   Duration of licences

(1)  A licence remains in force until its surrender in writing is accepted by the Board, except as provided by this section.

(2)  A special event licence or a temporary on-licence (function) expires at the latest time at which liquor may be sold or supplied under the licence.

(3)  A licence ceases to be in force:

(a)  for the duration of the period of suspension, if it is suspended, or

(b)  permanently, if it is cancelled,

      except as provided by section 56B, 56C or 149 or by the terms of any order made under Part 9.

(4)  The provisions of this section, in so far as they apply to a licence issued in accordance with section 19, apply in addition to the provisions of section 19 (5).

19B   (Repealed)

20   Conditions of licences

(1)  The court may:

(a)  on the hearing of an application for the grant of a licence or of any matter relating to a licence—of its own motion or on the application of a party to the hearing or the Director or the Commissioner of Police, or

(b)  at any other time—on the application of the Director or the Commissioner of Police made in relation to a licence,

      impose conditions not inconsistent with this Act without prior compliance with which the grant does not take effect or to which the licence is to be subject.

(2)  A licence is subject to:

(a)  prescribed conditions,

(a1)  a condition that the licensee comply with any provision of the regulations under section 125C (Responsible service) with which the licensee is required to comply,

(b)  any conditions imposed under subsection (1) or section 18A or 19,

(c)  any conditions imposed by the court on hearing a complaint under section 67 or by a member of the Board on hearing a complaint under section 104,

(c1)  (Repealed)

(d)  any other conditions the court or Board is authorised by this Act to impose,

      whether or not any such condition is endorsed on the licence.

(2A)  Without limiting this section, a condition can be imposed under this section that prohibits or restricts activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).

(2B)  Without limiting this section, a condition can be imposed by the court or the Board that authorises or requires a licensee, in specified circumstances:

(a)  to cease to serve liquor at the licensed premises, or

(b)  to restrict access to the licensed premises in a manner and to the extent provided by the condition,

      or both, from a time of day that is earlier than the time at which, as otherwise required by the licence, trading must cease.

(3)  A contravention of section 21, 22, 23, 23A, 23AA or 23AB is a breach of a condition of the licence in respect of which the contravention occurs.

(4)  It is a breach of a condition of a licence to sell or supply liquor on the licensed premises at a time other than a time permitted by Division 3 in relation to the licensed premises or otherwise than in accordance with the provisions of that Division.

(4A)  It is a condition of a hotelier’s licence that the licensee is not to provide a cash advance in the hotel, or permit or suffer a cash advance to be provided in the hotel on behalf of the licensee, otherwise than as a prize or bonus won as a direct or indirect consequence of operating an approved gaming machine in accordance with the Gaming Machines Act 2001.

(4B)  (Repealed)

(5)  The court or the Board, as the case may be, may vary or revoke a condition of a licence imposed by it (whether under this section or any other provision of this Act):

(a)  at any time on the application of the licensee or the Director or the Commissioner of Police, or

(b)  of its own motion or on the hearing of any matter relating to the licence.

20A, 20B   (Repealed)

21   Hotelier’s licence—miscellaneous conditions

(1)  Except as provided by subsection (2), liquor shall not, in a restricted area on premises to which a hotelier’s licence relates, be sold or supplied to, or consumed by, a lodger, an inmate or an employee of the licensee except at a time at which liquor may be sold or supplied to other persons in that or any other restricted area on the licensed premises.

(2)  On the application of the holder of a hotelier’s licence, the Board may authorise the use, subject to such conditions as it may impose, of a restricted area on the licensed premises, for the sale or supply of liquor exclusively to lodgers or inmates seated at tables at a time at which liquor may not otherwise be sold or supplied in a restricted area on the licensed premises.

(3)  The premises to which a hotelier’s licence relates (except a part of the premises in which liquor is being sold or supplied with or as ancillary to a meal or supper served on the premises or in which meals or substantial refreshments are available with or without charge) shall not be open at any time for the sale or supply of liquor for consumption on the premises unless, in a part of the premises so open, at least a light meal is available, with or without charge, for consumption by persons to whom liquor is sold or supplied.

(4)  The court may, on the application of a licensee to whom an authority has been granted under subsection (2), or on the application of the Director or the Commissioner of Police in relation to such an authority:

(a)  revoke the authority,

(b)  impose a condition, or further condition, to which the authority is to be subject, or

(c)  revoke or vary any condition imposed under subsection (2) or paragraph (b).

21AA   (Repealed)

21A   Australian wine licences

(1)  This section applies to a licence to which Schedule 4 (Special provisions relating to Australian wine licences) to the Liquor (Repeals and Savings) Act 1982 applies (referred to in this section as an Australian wine licence).

(2)  A condition on an Australian wine licence that liquor other than wine must not be sold or supplied on the licensed premises may not be varied or revoked under section 20.

(3)  The court may on the application of the licensee vary that condition of the licence so as to permit the sale of beer or spirits (or both) on the licensed premises for consumption on those premises, but the court is not to grant such an application unless the court is satisfied that:

(a)  the licence was being exercised on or about 1 January 1994, or

(b)  there is some compelling reason why the licence was not being exercised at that time.

(4)  The grant of an application under subsection (3) does not have effect until payment by the applicant to the Board of the amount (up to $50,000) determined by the Board as payable for the variation of the condition (determined having regard to the circumstances of the licence and the application). The grant of the application is cancelled after 3 months if the amount so determined is not paid within that time.

(4A)  If the court has granted an application under subsection (3) in respect of an Australian wine licence before the commencement of this subsection, the grant of the application has, in addition to varying the conditions of the licence so as to permit the sale of beer on the licensed premises for consumption on those premises, the effect of varying the conditions so as to permit the sale of spirits on the licensed premises for consumption on those premises.

(5)  An application to remove an Australian wine licence may not be granted unless:

(a)  the removal is to a place that is within the neighbourhood of the premises from which it is proposed to remove the licence, and

(b)  the floor area of the premises which are proposed to be the licensed premises on removal is not greater than that of the licensed premises from which the licence is proposed to be removed, and

(c)  the court is satisfied that the licence was being exercised on or about 1 January 1994 or that there is some compelling reason why the licence was not being exercised at that time, or that removal is reasonably necessary to enable the licence to be exercised.

(6)  Section 36 (5) does not apply to an application for the removal of an Australian wine licence.

21B   Community liquor licence—miscellaneous conditions

(1)  Liquor must not be sold or supplied on premises to which a community liquor licence relates unless:

(a)  the licensee and each person engaged in the sale, supply or service of liquor on the premises has successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and

(b)  food of a nature and quantity consistent with the responsible sale, supply and service of liquor is made available when liquor is being sold or supplied on the premises.

(2)  The licensee under a community liquor licence must not permit activities on the licensed premises that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).

(3)  No person who is intoxicated, or under the age of 18 years , is to be involved in selling, supplying or serving liquor on the licensed premises under a community liquor licence.

22   Off-licence—miscellaneous conditions

(1)  Where an off-licence is a licence for a vigneron, liquor shall not be sold or supplied by the licensee pursuant to the licence unless:

(a)  it is Australian wine substantially made by the licensee or Australian wine made on the licensee’s behalf from fruit grown or honey produced by the licensee,

(b)  it is sold at the premises where the wine is made or where the fruit is grown or the honey produced,

(c)  it is delivered and taken away at one time and not by instalments, and

(d)  it is sold or supplied at any one time only in quantities prescribed for the purposes of this paragraph unless it is sold to a person authorised to sell liquor.

(2)  Where an off-licence is a licence for a brewer, liquor shall not be sold or supplied pursuant to the licence except to persons authorised to sell liquor and to employees of the licensee.

(2A), (3)  (Repealed)

(3A)  Where an off-licence is a licence to sell liquor by retail, liquor shall not, except as provided by section 18 (7), be sold or supplied pursuant to the licence otherwise than in sealed containers.

(4)  (Repealed)

23   On-licence—miscellaneous conditions

(1)  (Repealed)

(2)  Where the licensed premises to which an on-licence relates are a public hall, liquor shall not be sold or supplied on the licensed premises except:

(a)  at, or as ancillary to, a dinner, reception, convention, seminar or the like, or a ball conducted by or on behalf of a body or association of persons, and

(b)  by serving it to persons seated at tables.

(2A)  Where the licensed premises to which an on-licence relates are a restaurant, the primary purpose of the premises is, for the purposes of this Act, to be a restaurant, and accordingly the premises must at all times be operated consistently with this primary purpose, whether or not the on-licence is endorsed with a dine-or-drink authority.

(3)  Where the licensed premises to which an on-licence relates are a restaurant, liquor shall be sold, supplied and consumed in the restaurant only:

(a)  in the reception area (if any) or at a table in the restaurant, and

(b)  except where liquor is sold or supplied as provided by section 31 (3) or (4), and subject to section 23AD—with or as ancillary to a meal consumed at a table in the restaurant.

(3A)  Where a hotelier’s licence, a nightclub licence, an on-licence relating to a restaurant, or an on-licence relating to premises referred to in section 18 (4) (g), is in force, the business carried on pursuant to the licence shall be a business of selling and supplying liquor in accordance with this Act to the public resorting to the licensed premises and shall not, except as may be prescribed or to the extent necessary to comply with this or any other Act or law, be or include a business limited at any time only to selling or supplying liquor to persons invited to resort to the premises or only to a particular class, or particular classes, of persons resorting to the premises.

(3B)  Subsection (3A) does not prevent:

(a)  the imposition on a licence of a condition of the kind referred to in section 20 (2B), or

(b)  the inclusion in a local liquor accord of any provision of the kind referred to in section 104E (1),

      or any conduct on the part of any person acting in accordance with any such condition or for the purpose of promoting or giving effect to the terms of any such accord.

(4)  Where the licensed premises to which an on-licence relates are a theatre, liquor shall not be sold or supplied on the licensed premises except in the part or parts of the theatre specified in the licence, being a part that is, or parts that are, accessible only to persons attending the entertainment at the theatre.

(5)  Where the licensed premises to which an on-licence relates are within a university, liquor shall not be sold or supplied on the licensed premises except:

(a)  to members, and invited guests of members, of the union, association or club that occupies the licensed premises, and

(b)  when at least a light meal is available in a room on the licensed premises, with or without charge, for consumption by persons to whom the liquor is sold or supplied.

(6)  Where the licensed premises to which an on-licence relates are a vessel or aircraft, liquor shall not be sold or supplied to the crew of the vessel or aircraft except, in the case of a vessel, as an allowance served out by order of the master.

(7)  If an on-licence is a motel licence, liquor must not be sold or supplied on the licensed premises in contravention of any of the following restrictions:

(a)  liquor may only be sold or supplied by means of bar facilities (such as facilities known as a mini-bar) located in the accommodation in which the liquor is to be consumed,

(b)  liquor may only be sold or supplied to a person who is a bona fide traveller and accommodated at the motel in accommodation consisting of or including a bedroom with separate sanitary and bathing facilities, for consumption in that accommodation (whether by that person or by an invited guest of that person),

(c)  the volume of liquor sold or supplied to any one person on any one day must not exceed 2 litres.

23A   Caterer’s licence—miscellaneous conditions

(1)  Liquor shall not be sold or supplied pursuant to a caterer’s licence except at, or as ancillary to, a function, occasion or event for which the licensee provides catering services.

(2)  Liquor is not to be sold or supplied pursuant to a caterer’s licence unless:

(a)  the catering services provided by the licensee include the provision of food of a nature and quantity consistent with the responsible sale, supply and service of liquor and with the type of function, occasion or event at which the licence is being exercised, and

(b)  that food is provided in conjunction with the sale or supply of liquor so that liquor is sold or supplied and consumed with or as ancillary to the consumption of that food.

(3)  The principal business of the licensee under a caterer’s licence, and the principal business of any person or body on whose behalf the licensee holds the licence, must be the business of providing catering services for fee, gain or reward.

23AA   Nightclub licence—miscellaneous conditions

(1)  Liquor must not be sold or supplied on the premises to which a nightclub licence relates between noon and 8 pm on any day that is not a restricted trading day, or between noon and 10 pm on a restricted trading day, except with or as ancillary to a meal consumed at a table on the premises.

(2)  Liquor must not be sold or supplied on the premises to which a nightclub licence relates during a nightclub trading period unless:

(a)  the liquor is sold or supplied with or as ancillary to entertainment and at least a light meal is available, with or without charge, for consumption by persons to whom liquor is sold or supplied, or

(b)  the liquor is supplied with or as ancillary to a meal consumed at a table on the premises.

(3)  This section is subject to section 23AD and, in a case where the licensed premises to which a nightclub licence relates are defined to include a motel, is subject to section 35C (7).

23AB   On-licence to sell liquor at function—miscellaneous conditions

(1)  Liquor must not be sold or supplied under the authority of an on-licence to sell liquor at a function except at, or as ancillary to, a function to which the licence relates.

(2)  Liquor must not be sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates except by way of opened cans, opened bottles or other opened containers.

(5)  Liquor must not be sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates unless:

(a)  the licensee is present on those premises at all times while liquor is being provided under the authority of the licence (except when a person referred to in paragraph (b) is present in the circumstances referred to in that paragraph), or

(b)  a person nominated under section 23AC by the licensee as the person in charge of the sale and supply of liquor at the function is present on the premises at any time when the licensee cannot, because of exceptional circumstances, be present on those premises.

(6)  If liquor is sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates:

(a)  neither the licensee nor any nominee under section 23AC is to be intoxicated while liquor is being provided at the function, and

(b)  the licensee and any such nominee must maintain proper and responsible supervision and control over the sale and supply of liquor at the function, and

(c)  no person who is intoxicated, or who is under the age of 18 years, is to be involved in selling, supplying or serving liquor at the function.

23AC   On-licence to sell liquor at function—nominee of licensee in exceptional circumstances

(1)  For the purposes of exercising the authority of an on-licence to sell liquor at a function from which (or at any time during which) the licensee, by reason of exceptional circumstances, is obliged to be absent, the licensee may, at any time before his or her absence, nominate any person who consents to do so to take the place of the licensee and to be in charge of the sale and supply of liquor at the function in the absence of the licensee.

(2)  A person nominated in accordance with this section is taken to be the licensee for the purposes of this Act in respect of the function (or, if the nomination relates only to a portion of the function, that portion).

(3)  In any proceedings, a licensee relying on a nomination under this section bears the onus of establishing that the nomination was in all respects authorised by and effected in accordance with this section.

23AD   Restaurant and nightclub licences—dine-or-drink authority

(1)  The court may grant an application for a restaurant licence or nightclub licence to be endorsed with an authority (referred to in this Act as a dine-or-drink authority) relating to the sale, supply and consumption of liquor at the restaurant or nightclub.

(2)  A dine-or-drink authority:

(a)  authorises liquor to be sold or supplied in the restaurant or nightclub for consumption, otherwise than with or as ancillary to a meal consumed at a table in the restaurant or nightclub, at no more than 30 per cent of the seated dining positions available in the restaurant or nightclub at any time, and

(b)  does not affect the sale, supply or consumption of liquor in the reception area (if any) of the restaurant as otherwise authorised by or under this Act.

(3)  The authorisation conferred by a dine-or-drink authority is subject to such conditions as are imposed by this Act or as are prescribed by the regulations and to such conditions as are imposed by the court at the time of grant of the application for the authority.

(4)  The court may, on the application of the licensee or the Director or the Commissioner of Police:

(a)  revoke a dine-or-drink authority, or

(b)  impose any further condition to which the authority is to be subject, or

(c)  revoke or vary any condition imposed by the court under this section (and whether or not previously varied under this section).

(5)  A dine-or-drink authority is in force only while all the conditions to which it is subject are being complied with.

(6)  Conditions may (without limitation) do any or all of the following:

(a)  reduce the percentage referred to in subsection (2),

(b)  specify the maximum number of seated dining positions that are to be available for the consumption of liquor as referred to in that subsection,

(c)  in the case of a restaurant, prohibit advertising of the restaurant that is inconsistent with the primary purpose of the premises, as referred to in section 23 (2A),

(d)  in the case of a restaurant, prohibit entertainment in the restaurant that is inconsistent with that primary purpose (including for example entertainment in the nature of pool tables or amusement devices such as pinball machines).

(7)  The Board may, on the application of the licensee or the Director or the Commissioner of Police, revoke or vary any conditions of the kind referred to in subsection (6) (a) or (b), other than conditions imposed by this Act or the regulations.

(8)  It is a condition of a dine-or-drink authority to which a restaurant licence is subject that the maximum number of patrons permitted on licensed premises to which the authority relates is not to exceed the number of available seated dining positions together with the number of persons allowed by or under this Act in the reception area (if any) of the restaurant.

(9)  In this section, a reference to a seated dining position is a reference to a seated position at a table, being a position at which a meal can reasonably and comfortably be consumed.

23AE   Restaurant licence—consumption of liquor away from table

(1)  Nothing in this Act is to be construed as preventing a person in a restaurant to which an on-licence relates from consuming liquor away from a table in the restaurant, or from standing while consuming liquor, so long as there is a seat for the person at a table.

(2)  Subsection (1) has effect subject to any conditions to which the on-licence is subject and to any requirements prescribed by the regulations.

Division 3 Trading hours

23AF   Special trading hours for millennium celebration period

Liquor may be sold or supplied on licensed premises as permitted by Schedule 6 during the period from Saturday 30 December 2000 to Wednesday 3 January 2001 (both days inclusive), despite any other provision of this Division.

24   Hotelier’s licence—trading hours

(1)  Except where liquor is sold or supplied to, or consumed by, a lodger, an inmate or an employee of the licensee, liquor shall not, on premises to which a hotelier’s licence relates, be sold, supplied or consumed, and the licensed premises shall not be kept open for the sale, supply or consumption of liquor, except at a time permitted by subsection (2) or (3) or by variation of trading hours under section 25.

(2)  Except as provided by subsection (3), liquor may be sold, supplied or consumed on the licensed premises and the licensed premises may be kept open for the sale, supply or consumption of liquor:

(a)  on a day that is not a Sunday or a restricted trading day—from 5 am to midnight, and

(b)  on a Sunday that is not a restricted trading day or 24 December—from 10 am to 10 pm, and

(b1)  on a Sunday that is 24 December and not a restricted trading day:

(i)  from 10 am to 10 pm, and

(ii)  from 10 pm to midnight on that day but only when the liquor is sold or supplied for consumption on the licensed premises, and

(c)  on a restricted trading day (other than Good Friday), where the liquor is sold or supplied for consumption with or as ancillary to a meal served in a dining room on the licensed premises—from noon to 10 pm, and

(c1)  on Good Friday, where the liquor is sold or supplied for consumption on the licensed premises—from noon to 10 pm, and

(d)  on a day that is 31 December and is not a restricted trading day (whether or not it is a Sunday)—from the earliest time permitted on that day by paragraph (a) or (b) to 2 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day.

(2A)  The sale or supply of liquor on the licensed premises is permitted between midnight on 31 December and 2 am on the next succeeding day only if the liquor is sold or supplied for consumption on the licensed premises.

(3)  Despite subsection (2), but subject to section 25, if there was in force immediately before the amendment of this section by the Liquor (Amendment) Act 1989 a revocation or refusal of a variation of the trading hours for the licensed premises:

(a)  liquor shall not be sold, supplied or consumed on the licensed premises, and

(b)  the licensed premises shall not be kept open for the sale, supply or consumption of liquor,

      except at a time applicable to the premises immediately before that amendment.

(4)  Nothing in this section enables a person (including a lodger, an inmate or an employee of a licensee) to use or operate an approved gaming machine at premises to which a hotelier’s licence relates at a time other than a time permitted by subsection (2) or (3).

24A   Extended hotel trading hours—2007 Rugby World Cup

(1)  In addition to the trading hours that apply to the premises to which a hotelier’s licence relates, liquor may be sold or supplied on any such premises for consumption on those premises only, and the premises to which a hotelier’s licence relates may be kept open for the sale or supply of liquor for consumption on those premises only:

(a)  from midnight on Saturday 6 October 2007 until 1 am on Sunday 7 October 2007 or until the completion of the first quarter final match of the 2007 Rugby World Cup, whichever is the later, and

(b)  from 5 am on Sunday 7 October 2007 until 1 am on Monday 8 October 2007 or until the completion of the third quarter final match of the 2007 Rugby World Cup, whichever is the later, and

(c)  from 5 am on Sunday 14 October 2007 until 10 am on that day, and

(d)  from 5 am on Sunday 21 October 2007 until 10 am on that day.

(2)  Subsection (1) does not authorise the sale, supply or consumption of liquor on any licensed premises past 1 am on Sunday 7 October 2007, or past 1 am on Monday 8 October 2007, until the completion of the respective quarter final match of the 2007 Rugby World Cup unless patrons have access to live coverage of the match by means of a device (such as a television or projector screen) located on the premises and provided by or on behalf of the licensee.

(3)  Subsection (1) does not authorise the sale, supply or consumption of liquor on any licensed premises contrary to a restriction or prohibition that:

(a)  relates to the times when the premises are authorised to trade, and

(b)  has been imposed under this Act (otherwise than under section 24) or any other law.

(4)  However, subsection (1) does not restrict the sale or supply of liquor on premises to which a hotelier’s licence relates, whether for consumption on or away from those premises, at such times as are otherwise authorised under this Act.

24B   Hotel trading hours on Sundays when special events are held

(1)  This section applies to any Sunday the date of which is prescribed by the regulations for the purposes of this section.

(2)  The Minister may recommend the making of a regulation prescribing any such date only if the Minister is of the opinion that an event of State, national or international significance is to be held on that date.

(3)  Despite any other provision of this Division, liquor may be sold, supplied or consumed on premises to which a hotelier’s licence relates, and the premises may be kept open for the sale, supply or consumption of liquor, on any day to which this section applies:

(a)  from 10 am to 10 pm, and

(b)  from 10 pm to midnight on that day but only when the liquor is sold or supplied for consumption on the licensed premises.

(4)  This section does not authorise the sale, supply or consumption of liquor on any licensed premises contrary to a restriction or prohibition imposed, otherwise than under section 24, in respect of the trading hours for the licensed premises.

25   Hotelier’s licence—variation of trading hours

(1)  The court may, as provided by this section, vary the trading hours for particular premises to which a hotelier’s licence relates.

(1A)  An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed 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.

(2)  If application is made for a variation of trading hours by extending them to permit the sale or supply of liquor for consumption on the licensed premises from midnight on a day other than a restricted trading day to a time not later than 5 am on the next succeeding day, the court may grant the variation only if satisfied that to do so would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(2A)  An application may not be granted under subsection (2) for an extension of trading hours from midnight on a Sunday unless:

(a)  the licensed premises concerned are within the area constituting the City of Sydney as at the commencement of this subsection or front onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street–Darlinghurst) or are situated within an area bounded by those streets or parts of streets, or are within the Kosciusko National Park, and

(b)  the court is satisfied that the extension of trading hours is necessary or desirable to meet the needs of tourists and tourism.

(2B)  In the case of licensed premises referred to in subsection (2A), a single application may be made under this section to cover each of the variations of trading hours provided for under subsection (3) and from midnight on a Sunday under subsection (2).

(3)  If application is made for a variation of trading hours by extending them to permit the sale or supply of liquor on a Sunday that is not a restricted trading day from a time earlier than 10 am but not earlier than 5 am or from 10 pm to a time not later than midnight, the court may grant the variation only:

(a)  to meet the needs of tourists and tourism or other special needs, and

(b)  if satisfied that the variation would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(4)  The court may, on application, vary the trading hours to permit the sale or supply of liquor for consumption on the licensed premises on a special occasion on a stated date and, if there is no objection to the variation, the jurisdiction of the court under this subsection may be exercised by the registrar.

(4A)  In subsection (4), special occasion means the occasion of a unique or infrequent event of local, State or national significance that persons independent of the licensee (and of the owner or occupier of the premises) desire to celebrate or mark.

(5)  A variation of trading hours granted under this section has effect only in the part or parts of the premises specified by the court or registrar when granting the variation.

(6)  At the commencement of the 1989 amendment, the court shall be taken:

(a)  to have granted under this section a variation of trading hours, and

(b)  to have specified a part or parts of the licensed premises,

      that, but for this subsection, it would have been required to grant and specify in order to permit the sale or supply of liquor for consumption in that part, or those parts, of the licensed premises at times at which it could have been so sold or supplied immediately before that commencement.

(7)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:

(a)  revoke a variation of trading hours granted under this section, or

(b)  grant a different variation of trading hours in accordance with this section.

(7A)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:

(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or

(b)  under section 104 (Quiet and good order of neighbourhood),

      an application for the same, or a longer, extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.

(7B)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:

(a)  confirm the extension of trading hours, or

(b)  postpone expiration of the trial period, or

(c)  refuse the application.

(8)  In this section:

1989 amendment means the insertion of this section by the Liquor (Amendment) Act 1989.

(9)  For the purposes of subsection (2A), premises situated on any of the corners at the intersection of Oxford, Victoria and South Dowling Streets and Barcom Avenue are taken to front onto a street or part of a street specified in Schedule 3.

25A   Community liquor licence—trading hours

Liquor must not be sold or supplied on premises to which a community liquor licence relates except at the times fixed by the court by an order in force in relation to the licence.

26   Off-licence—trading hours

(1)  If an off-licence is a licence to sell liquor by retail, liquor shall not be sold or supplied on the licensed premises and the licensed premises shall not be kept open for the sale or supply of liquor except at a time permitted by subsection (2) or by a variation of trading hours under section 27.

(2)  Liquor may be sold or supplied on the licensed premises and the licensed premises may be kept open for the sale or supply of liquor:

(a)  on a day that is not a Sunday or a restricted trading day—from 5 am to midnight, and

(b)  on a Sunday that is not 24 December or a restricted trading day—from 10 am to 10 pm, and

(c)  on a Sunday that is 24 December and not a restricted trading day—from 8 am to 10 pm.

(3)  The court may, if it thinks fit, by order fix the trading hours for a class of off-licence (other than an off-licence to sell liquor by retail) and, where an order fixing the trading hours for a class of off-licence is in force, liquor shall not be sold or supplied pursuant to an off-licence of that class except during the trading hours fixed by the order.

27   Off-licence (retail)—variation of trading hours

(1)  The court may, as provided by subsection (2), grant an application for a variation of the trading hours for particular premises to which an off-licence to sell liquor by retail relates by extending them to permit the sale or supply of liquor on the licensed premises on a Sunday that is not a restricted trading day from a time earlier than 10 am but not earlier than 5 am or from 10 pm to a time not later than midnight.

(2)  The court may grant an application under subsection (1) only:

(a)  to meet the needs of tourists and tourism or other special needs, and

(b)  if satisfied that the variation would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(2A)  An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold and supplied responsibly on the premises.

(3)  The court may, at any time, on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:

(a)  revoke a variation of trading hours granted under this section, or

(b)  grant a different variation of trading hours in accordance with this section.

(4)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:

(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or

(b)  under section 104 (Quiet and good order of neighbourhood),

      an application for the same, or a longer, extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.

(5)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:

(a)  confirm the extension of trading hours, or

(b)  postpone expiration of the trial period, or

(c)  refuse the application.

28   On-licence (airport)—trading hours

Where the premises to which an on-licence relates are an airport, liquor shall not be sold or supplied on the licensed premises except at a time that is:

(a)  not earlier than 1 hour before an aircraft first departs from the airport after noon in the course of carrying passengers for reward on a scheduled flight, and

(b)  not later than 30 minutes after the latest time on that day at which an aircraft so departs from the airport.

29   On-licence (function)—trading hours

(1)  Liquor may be sold or supplied pursuant to an on-licence to sell liquor at a function:

(a)  from:

(i)  30 minutes before the commencement of the function at which it may be sold or supplied, or

(ii)  a time fixed by the court in relation to the licence,

      whichever is the later, and

(b)  until:

(i)  1 hour after the conclusion of the function at which it may be sold or supplied,

(ii)  where the function continues past midnight on any day—3 am on the next succeeding day, or

(iii)  a time fixed by the court in relation to the licence,

      whichever is the earliest.

(2)  For the purpose of this section, any day to which a function is postponed shall be deemed to have been approved by the court instead of the day from which it is postponed.

30   On-licence (public hall)—trading hours

Where the premises to which an on-licence relates are a public hall and liquor is to be sold or supplied on the licensed premises otherwise than pursuant to an on-licence to sell liquor at a function, the liquor shall not be so sold or supplied except during a period:

(a)  that does not commence, although it may end, on a restricted trading day, and

(b)  is within the limits prescribed by section 29 (1) (a) and (b) in respect of the same kind of function as the function at, or as ancillary to which, the liquor is to be sold or supplied.

31   On-licence (restaurant)—trading hours

(1)  Where the licensed premises to which an on-licence relates are a restaurant, liquor shall not be sold or supplied on the licensed premises except at a time permitted by this section.

(2)  Subject to section 32 and subsections (3) and (4), liquor may be sold or supplied on the licensed premises:

(a)  on a day that is not a Sunday or a restricted trading day—from noon to midnight, and

(b)  on a Sunday or a restricted trading day—from noon to 10 pm, and

(b1)  on a day that is 24 December and not a restricted trading day (whether or not it is a Sunday)—from noon to midnight, and

(c)  on a day that is 31 December and is not a restricted trading day (whether or not it is a Sunday)—from noon to 2 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day.

(3)  Where the licensed premises of a restaurant to which an on-licence relates are defined to include a motel, liquor may be sold or supplied at any time:

(a)  to a lodger or an inmate, or the guest of a lodger or an inmate:

(i)  in the bedroom set aside for the accommodation of the lodger or inmate, or

(ii)  in any other part of the licensed premises set aside for the exclusive occupation of lodgers or inmates and their guests, or

(b)  to an employee of the licensee.

(4)  Where the licensed premises of a restaurant to which an on-licence relates are defined to include a motel, liquor may be sold or supplied in a function room forming part of the motel to persons in attendance at a dinner, reception, convention, seminar or the like held by a body or association of persons:

(a)  from any time on a day that is not a Sunday or a restricted trading day to 3 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day, and

(b)  on any other day—as specified in subsection (2) (b), (b1) and (c).

32   On-licence (restaurant)—variation of trading hours

(1)  Subject to this section, the court may, in respect of particular licensed premises, vary the trading hours specified in section 31 (2) in such manner as it thinks desirable.

(1A)  An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed 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.

(2)  Where application is made under subsection (1) in relation to a special occasion on a specified date and there is no objection to the grant of the application, the jurisdiction of the court to grant the application may be exercised by the registrar.

(3)  In subsection (2), special occasion means the occasion of a unique or infrequent event of local, State or national significance that persons independent of the licensee (and of the owner or occupier of the premises) desire to celebrate or mark.

(3A)–(3C)  (Repealed)

(4)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:

(a)  revoke a variation of trading hours granted under this section, or

(b)  vary a variation of trading hours granted under this section.

(c)  (Repealed)

(5)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:

(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or

(b)  under section 104 (Quiet and good order of neighbourhood),

      an application for the same, or a longer, extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.

(6)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:

(a)  confirm the extension of trading hours, or

(b)  postpone expiration of the trial period, or

(c)  refuse the application.

33   On-licence (theatre)—trading hours

Where the premises to which an on-licence relates are a theatre, liquor shall not be sold or supplied on the licensed premises except:

(a)  on a day on which the theatre is open to enable the public to attend an entertainment of the stage or cinematographic entertainment, or both,

(b)  where that day is not a restricted trading day—at the times fixed by the court by an order in force in relation to the licence, and

(c)  where that day is a restricted trading day—in so far as the times referred to in paragraph (b) extend beyond midnight on the last preceding day that is not a restricted trading day.

34   On-licence (university)—trading hours

Liquor shall not be sold or supplied on premises to which an on-licence relates that are within a university except at the times fixed by the court by an order in force in relation to the licence.

35   On-licence (vessel or aircraft)—trading hours

(1)  Liquor shall not be sold or supplied to a passenger on a vessel or aircraft to which an on-licence relates except:

(a)  in the case of a vessel—to passengers on board the vessel during a period commencing one hour before the vessel commences any voyage or passage (not being a voyage or passage that is part of a regular passenger service between places within the harbour of Port Jackson) and ending 30 minutes after the voyage or passage is completed, or

(b)  in the case of an aircraft—during a flight of the aircraft after it departs from its airfield, not being a flight only over the City of Sydney and its suburbs.

(2)  Liquor must not be sold or supplied to passengers on board a vessel:

(a)  while it is at its berth, whether before commencing or after completing its voyage or passage, unless the berth is at a wharf prescribed by the regulations and no persons other than passengers and crew are being allowed on board, or

(b)  while it is moored, if persons other than passengers and crew are being allowed on board.

(3)  In this section, passenger on a vessel means a person who joins the vessel for the whole or part of its voyage.

(4)  A regulation is not to be made under subsection (2) (a) unless the Minister administering the Environmental Planning and Assessment Act 1979 has concurred in the making of the regulation. The validity of a regulation under that subsection is not affected by a failure to comply with this subsection.

35A   On-licence (vessel)—variation of trading hours

(1)  Subject to this section, the court may, in respect of a particular vessel, and on payment of the prescribed fee, vary the trading hours specified in section 35 in such manner as it thinks desirable.

(1A)  The court may not grant an application under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed 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.

(2)  The court may not grant an application for a variation of trading hours unless adequate sleeping berths for the use of passengers are provided on the vessel to which the application relates.

(3)  If a variation of trading hours is granted in relation to a vessel, the variation ceases to have effect if adequate sleeping berths cease to be provided on the vessel for the use of passengers.

(4)  The court may, at any time, on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:

(a)  revoke a variation of trading hours granted under this section, or

(b)  grant a further variation of trading hours varied under this section.

(5)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:

(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or

(b)  under section 104 (Quiet and good order of neighbourhood),

      an application for an extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.

(6)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:

(a)  confirm the extension of trading hours, or

(b)  postpone expiration of the trial period, or

(c)  refuse the application.

35B   Caterer’s licence—trading hours

Liquor may be sold or supplied pursuant to a caterer’s licence at a function, occasion or event:

(a)  from:

(i)  30 minutes before the commencement of the function, occasion or event, or

(ii)  6.00 am,

      whichever is the later, and

(b)  until:

(i)  1 hour after the conclusion of the function, occasion or event, or

(ii)  if the function, occasion or event continues past midnight on any day—3 am on the next succeeding day,

      whichever is the earlier.

35C   Nightclub licence—trading hours

(1)  Liquor may be sold or supplied on premises to which a nightclub licence relates that are situated within the area constituting the City of Sydney as at 1 December 1994 or front onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street–Darlinghurst) or are situated within an area bounded by those streets or parts of streets only at the following times:

(a)  on any day that is not a restricted trading day—from noon to 3 am on the following day (whether or not that following day is a restricted trading day),

(b)  on a restricted trading day—from noon to 10 pm.

(2)  Liquor may be sold or supplied on premises to which a nightclub licence relates that are situated within an area referred to in Schedule 4 (but are not premises to which subsection (1) applies) only at the following times:

(a)  on any day that is not a Sunday or a restricted trading day—from noon to 3 am on the following day (whether or not that following day is a Sunday or a restricted trading day),

(b)  on a Sunday that is not a restricted trading day or 31 December—from noon to midnight,

(c)  on a restricted trading day—from noon to 10 pm,

(d)  on a Sunday that is 31 December and is not a restricted trading day—from noon to 2 am on the following day (whether or not that following day is a restricted trading day).

(3)  Liquor may be sold or supplied on premises to which a nightclub licence relates that are situated in any other area only at the following times:

(a)  on any day that is not a day referred to in paragraph (b) or (c)—from noon to midnight,

(b)  on a restricted trading day—from noon to 10 pm,

(c)  on a day that is 31 December and is not a restricted trading day—from noon to 2 am on the following day (whether or not that following day is a restricted trading day).

(4)  For the purposes of subsection (1), premises situated on any of the corners at the intersection of Oxford, Victoria and South Dowling Streets and Barcom Avenue are taken to front onto a street or part of a street specified in Schedule 3.

(5)  Liquor may be sold or supplied on premises to which a nightclub licence relates on a Sunday when the following day is a public holiday and the Sunday is not a restricted trading day as if the Sunday were a Saturday (and not a restricted trading day), whether or not the public holiday is a restricted trading day.

(6)  Any variation under section 35D of trading hours of particular licensed premises on a Saturday also applies for the purposes of subsection (5) in the application of that subsection to the licensed premises.

(7)  Where the licensed premises to which a nightclub licence relates are defined to include a motel, liquor may be sold or supplied at any time:

(a)  to a lodger or an inmate, or the guest of a lodger or an inmate, in the bedroom set aside for the accommodation of the lodger or inmate, or in any other part of the licensed premises set aside for the exclusive occupation of lodgers or inmates and their guests, or

(b)  to an employee of the licensee.

(8)  Where the licensed premises to which a nightclub licence relates are defined to include a motel, liquor may be sold or supplied in a function room forming part of the motel to persons in attendance at a dinner, reception, convention, seminar or the like held by a body or association of persons:

(a)  from any time on a day that is not a Sunday or a restricted trading day to 3 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day, and

(b)  on any other day—as specified in the relevant provisions of subsections (1)–(3).

35D   Nightclub licences—variation of trading hours

(1)  This section applies to a nightclub licence referred to in section 35C (3).

(2)  The court may, as provided by this section, vary the trading hours for particular premises to which a nightclub licence relates (not being a nightclub licence relating to premises situated in the Kosciusko National Park) to allow trading until 3 am on a day (other than a restricted trading day or a Sunday).

(3)  The court may, as provided by this section, vary the trading hours for particular premises to which a nightclub licence relates that are situated in the Kosciusko National Park to allow trading until 3 am on a day (other than a restricted trading day).

(4)  The court may grant a variation under this section only if satisfied that to do so would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(5)  An application must not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed 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.

(6)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:

(a)  revoke a variation of trading hours granted under this section, or

(b)  grant a different variation of trading hours under subsection (2) or (3) (whichever is appropriate).

(7)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:

(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or

(b)  under section 104 (Quiet and good order of neighbourhood),

      an application for an extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.

(8)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:

(a)  confirm the extension of trading hours, or

(b)  postpone expiration of the trial period, or

(c)  refuse the application.

(9)  Nothing in this Act prevents the court from considering an application for a variation of trading hours under this section when considering the application for the grant of the nightclub licence concerned.

35E   Reduction of trading hours for certain nightclub licences

(1)  This section applies to a nightclub licence referred to in section 35C (1) or (2).

(2)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police, impose a condition on a nightclub licence that reduces the hours after midnight during which the licensee may trade on a day.

(3)  The court may, on such an application, vary or revoke a condition imposed under this section.

(4)  An application for variation or revocation may not be made by or on behalf of the licensee for the same premises during the 6 months after the imposition of the condition, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the imposition of the condition was based.

Division 4 Making of applications

36   Restrictions on liquor licence applications

(1)  (Repealed)

(1A)  An application for a licence may be made by:

(a)  a natural person, or

(b)  a body corporate.

(1B)  An application for a licence may not be made by:

(a)  a natural person who is under the age of 18 years, or

(b)  a person who is disqualified from holding a licence or who holds a suspended licence.

(2)  (Repealed)

(3)  An application for an on-licence relating to premises within a university may be made only by a nominee of the university.

(4)  (Repealed)

(5)  Application may not be made for an off-licence in respect of a vessel or an aircraft or for the removal of an on-licence (other than an on-licence that relates to a restaurant and that is endorsed with a dine-or-drink authority).

(5A)  Application may not be made for a caterer’s licence where the commercial kitchen to be specified in the licence is on a vessel or an aircraft.

(5B)  Application may not be made for the removal of a caterer’s licence (that is, to change the commercial kitchen specified in the licence as the commercial kitchen to which the licence applies).

(6)  (Repealed)

(7)  Where an on-licence relating to a restaurant or a theatre, or a caterer’s licence, is cancelled, an application for a licence relating to the premises, or any part of the premises, to which the cancelled licence related may not be made within the period of 2 years that next succeeds the cancellation.

36A   (Repealed)

37   Making of application

(1)  An application under this Act shall be made and advertised as prescribed, shall be accompanied by the prescribed documents and shall be lodged as prescribed.

(1A)  An application for a dine-or-drink authority in respect of premises already licensed as a restaurant need not be advertised in a newspaper or in any other manner, except in so far as the regulations otherwise provide.

(2)  Where the venue for the hearing of the matter of an application to the court would not ordinarily be the prescribed place at which the application was lodged, the registrar for the prescribed place at which the application was lodged shall:

(a)  inform the applicant of the prescribed place that will be the venue for the hearing of the matter of the application, and

(b)  transmit to the registrar for that prescribed place the application and the papers relating thereto that are in his or her possession or under his or her control.

(3)  A failure to comply with subsection (2) does not operate to prevent the court from hearing and determining at such prescribed place as it thinks fit the matter of an application to which that subsection applies.

(4)  An application shall be accompanied by the amount of the prescribed fee for the application and, if the application is granted, the fee prescribed by section 56 is reduced by that amount.

(5)  Where, before an application for a licence or transfer of a licence is disposed of, a change occurs in the information provided in, or in connection with, the application (including information provided under this subsection) or in the documents lodged with the application, the applicant shall forthwith give the Principal Registrar a notice in writing specifying particulars for the change.

Maximum penalty: 20 penalty units.

(6)  For the purposes of subsection (5), an application is disposed of when the application is granted or refused. In the case of an application for transfer of a licence that is granted provisionally, the application is not disposed of until the provisional grant is confirmed by the court or it ceases to have effect.

(7)  (Repealed)

37A   On-licence to sell liquor at function—applicant for licence

An application for an on-licence to sell liquor at a function other than a trade fair may be made only by a person acting on behalf of, and with the authority of, a non-proprietary association and only in respect of a function of the association.

37B   On-licence to sell liquor at function (other than a trade fair)—application for licence or additional function

(1)  This section applies to:

(a)  an application for an on-licence to sell liquor at a function, or

(b)  an application for approval to conduct an additional function under a permanent on-licence (function),

      being a function that is not a trade fair.

(2)  An application to which this section applies may be made only in respect of a function that:

(a)  is conducted under the auspices of the non-proprietary association concerned, and

(b)  is in conformity with the association’s constitution or any law that governs its activities, and

(c)  will directly promote specific objects or purposes of the association.

(3)  Except as provided by subsection (4), an application to which this section applies must be made no later than 28 days before any function to which the application relates is to be held.

(4)  The court or person determining an application to which this section applies may permit the application to be made at a later time than the period referred to in subsection (3), but only if satisfied that the special circumstances of the case warrant the shorter period.

(5)  An application to which this section applies may not be made if the date on which the function or any function to which the application relates is to be held is more than 18 months after the date of the application.

37C   Community liquor licence—applicant for licence

An application for a community liquor licence may be made:

(a)  only by a person acting on behalf of, and with the authority of, a non-proprietary association, and

(b)  only if the licence is to be conducted under the auspices of the association, and

(c)  only if the conduct of the licence is in conformity with the association’s constitution or any law that governs its activities, and will directly promote specific objects or purposes of the association.

38   Affidavit as to interested persons

(1)  This section does not apply to or in respect of an application for an on-licence to sell liquor at a function or to or in respect of an application for a Governor’s licence or a special event licence.

(2)  An application:

(a)  for a licence, or

(b)  for removal of a licence, or

(c)  for transfer of a licence under section 42,

      shall be accompanied by the affidavit referred to in subsection (3).

(3)  The affidavit specified in this subsection is an affidavit by a person having knowledge of the facts stating:

(a)  that the person has made all reasonable inquiries to ascertain the information required to complete the affidavit, and

(b)  whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and

(c)  if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.

(4)  For the purposes of subsection (3), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:

(a)  any income derived from the business, or 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

(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.

39   (Repealed)

40   Application for conditional grant

(1)  An application:

(a)  for a licence,

(b)  for removal of a licence,

(c), (d)  (Repealed)

(e)  under section 49 to modify or dispense with a requirement or condition for the provision of residential or other accommodation,

      may be made as a conditional application if the premises to which the licence will relate, or to which the licence is to be removed, are premises proposed to be erected, or premises proposed to be added to or altered, in accordance with an approved plan lodged with the application or are premises already erected in respect of which there is lodged with the application any consent required under another Act for the proposed use, or proposed change of use, of the premises.

(2)  Where a conditional application is made by an employee of a corporation in the course of his or her employment by the corporation, the corporation may, with the approval of the court, at any time before the final grant of the application, substitute another employee of the corporation as the applicant.

(3)  Upon the prescribed notice being given to any objectors to an application that has been conditionally granted, and upon such terms as the court thinks fit, the court may hear and determine an application:

(a)  to amend a conditional grant, or

(b)  where the conditionally granted application relates to premises proposed to be erected—to approve an alternative site for the premises, being a site in the immediate vicinity of the site first approved.

(4)  Subsection (3) applies to a conditional grant that:

(a)  was made under the Liquor Act 1912 before its repeal or under this section before its amendment by the Liquor (Amendment) Act 1990, and

(b)  still had effect immediately before the commencement of that amendment,

      in the same way as it applies to a conditional grant made under this Act.

(5)  Before granting a conditional application, the court may require to be lodged with the court a further approved plan that shows an amendment required by the court to be made to the approved plan or plans previously lodged in relation to the application.

(6)  In this section:

approved plan, in relation to proposed licensed premises, or a proposed addition to or alteration of licensed premises, means a plan of the proposed premises, or of the proposed addition or alteration, that is accompanied by any development consent required under the Environmental Planning and Assessment Act 1979 for the carrying out of the work represented by the plan, or evidence that such consent is not required.

(7)  In proceedings under this section, the court is not bound to hear any submission made or receive any evidence adduced by any person (other than the Director, the Commissioner of Police or the local consent authority):

(a)  as to whether any plan on which the applicant relies is or is not an approved plan, or

(b)  as to whether a development consent or certificate accompanying any plan on which the applicant relies was issued before or after the date of lodgment of the application, or

(c)  as to any alleged omission, error, defect or insufficiency in any such plan or any alleged discrepancy between the plan and any approved plan, or

(d)  generally as to any aspect of the validity or propriety of a plan or of any development consent or certificate accompanying it.

41   Application for transfer of licence

(1)  Application for transfer of a licence (other than an on-licence to sell liquor at a function or relating to premises within a university) may be made by the licensee and the proposed transferee, except where, in the case of a transfer of a licence to sell liquor at a function where the licence is held by the secretary of a non-proprietary association, it is desired to transfer the licence to a person who succeeds him or her in that office.

(2)  An application for the transfer of an on-licence relating to premises within a university may be made by a proposed transferee nominated for the purpose by the university.

(3)  Where a licence to sell liquor at a function is held by the secretary of a non-proprietary association and he or she is succeeded in that office by another person, a transfer of the licence to that successor may be made by lodging with the registrar, within the prescribed time:

(a)  the licence, and

(b)  a notification of the name of that successor.

(4)  An application under subsection (1) must be accompanied by the affidavit referred to in section 38 (3) (if applicable).

42   Application on dispossession of licensee

(1)  This section applies where a licence is current and:

(a)  the licensee is evicted from the licensed premises, or

(b)  to the exclusion of the licensee, the owner of the licensed premises comes into, or becomes entitled to, possession of the licensed premises.

(2)  Where this section applies, application for a transfer of the licence may be made:

(a)  where the licensed premises are the subject of a lease or contract with the owner of the premises pursuant to which the licence is exercised—by the owner of the premises, or

(b)  in any other case—by a person directly or indirectly interested in the exercise of the licence.

(2A)  The owner of licensed premises, or a person interested directly or indirectly in the exercise of the licence, who comes into possession of the premises is to be taken to be the licensee of the premises until:

(a)  the day that is 28 days after this section becomes applicable, or

(b)  the day on which application is made under subsection (2),

      whichever first occurs.

(3), (4)  (Repealed)

(5)  Where an application is made under subsection (2) not later than 28 days after this section becomes applicable, the applicant is, until the application is heard and determined or otherwise disposed of, taken to be the licensee under the licence to which the application relates.

(6)  The court may not hear an application for transfer of a licence under this section unless, in the absence of special circumstances, it is satisfied:

(a)  that notice of the application was given to the dispossessed licensee at least 3 clear days before the hearing, or

(b)  that all reasonable steps necessary for giving notice in accordance with paragraph (a) were taken by or on behalf of the applicant and that failure to give the notice was not due to any neglect or default of the applicant or of any person employed by the applicant for the purpose of giving notice.

42A   Fee for application for transfer of licence

An application for a transfer of a licence under section 41 or 42 shall be accompanied by the amount of the prescribed fee for the application and, if the application is granted, the fee prescribed by section 61 (8) or (9), as the case may be, is reduced by that amount.

Division 4A Investigation of applications

42B   Principal Registrar to refer certain applications to Director

(1)  A registrar (other than the Principal Registrar) with whom an application to the court for a licence, or for the transfer of a licence, is lodged is to refer the application to the Principal Registrar.

(2)  The Principal Registrar is to refer to the Director for investigation:

(a)  each application to the court for a licence, or for the transfer of a licence, that is lodged with the Principal Registrar or referred to the Principal Registrar by another registrar, and

(b)  any changes of which the Principal Registrar is notified under section 37 in relation to such an application.

(3)  This section does not apply to an application for a temporary on-licence (function) if the registrar with whom the application is lodged is satisfied that:

(a)  the applicant has successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and

(b)  proper and responsible supervision and control over the sale and supply of liquor at the function will be maintained, and

(c)  practices will be in place at the licensed premises at all times while the function is being held 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.

42C   Investigations by Director

(1)  On receiving for investigation an application for a licence or for the transfer of a licence, the Director must carry out all such investigations and inquiries in relation to the applicant as are considered by the Director to be necessary for a proper consideration of the application and is to complete those investigations and inquiries within 6 months after the application was lodged.

(2)  In particular, the Director must refer to the Commissioner of Police details of the applicant together with any supporting information in relation to the applicant that the Director considers to be appropriate for referral to the Commissioner.

(3)  The Commissioner of Police is to inquire into, and report to the Director on, such matters concerning the applicant as the Director may request.

(4)  An application is to proceed to be dealt with even if any investigation, inquiry or report under this section in relation to the applicant has not been completed within 6 months after the application was lodged.

42D   Director may require further information

(1)  The Director may, by notice in writing, require a person whose application for a licence, or for the transfer of a licence, has been referred to the Director, or may require a close associate of any such person, to do one or more of the following things:

(a)  provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation of the application and is specified in the notice,

(b)  produce, in accordance with directions in the notice, such records as are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,

(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),

(d)  furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates.

(2)  A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

(3)  The court may refuse to hear an application if a requirement made under this section in relation to the application is not complied with.

Division 5 Objections to applications

43   Definition

In relation to removal of a licence, a reference in this Division to the premises to which an application relates is a reference:

(a)  in section 44—to both the premises from which, and the premises to which, if the application were granted, the licence would be removed, and

(b)  in any other case—to the premises to which, if the application were granted, the licence would be removed.

44   Right of objection to application

(1)  Subject to this Division, an objection to the grant of an application by the court may, as prescribed, be taken by:

(a)  the owner of the premises to which the application relates,

(b)  a person authorised in writing by 3 or more residents of the neighbourhood within which those premises are, or will be, situated or a person who is such a resident and is authorised in writing by 2 or more other such residents,

(c)  the Director,

(d)  the Commissioner of Police,

(e)  a person authorised by the local consent authority for the premises,

(f)  a person who satisfies the court that his or her interests, financial or other, are likely to be adversely affected by the grant of the application,

(g)  in the case of an application for removal of a hotelier’s licence—a lessee or mortgagee of the licensed premises or a sublessee of a lessee or sublessee thereof, or

(h)  (Repealed)

(i)  any other person with the leave of the court.

(1A)  (Repealed)

(2)  An objection may not be taken by a person referred to in subsection (1) (a), (b), (f) or (i) unless it is accompanied by an affidavit by the objector specifying:

(a)  whether he or she has any direct or indirect pecuniary interest in the refusal of the application or any expectation of such an interest, and

(b)  whether any person other than the objector is interested in the lodging of the objection and, if so:

(i)  the name of each such person, and

(ii)  where that person is a proprietary company—the names of the directors and principal shareholders.

45   Grounds of objection

(1)  Objection to the grant of an application may be taken on one or more of the following grounds:

(a)  that the applicant is not a fit and proper person to be the holder of a licence,

(a1)  that a person who is, was or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a licence,

(a2)  in the case of an application for the grant of a licence to a body corporate—that a person who occupies a position of authority in the body is not a fit and proper person to occupy such a position in a body that is to be the holder of a licence,

(b)  (Repealed)

(c)  that, for reasons other than the grounds specified in paragraphs (a) and (a1) and subsections (2A) and (3), it would not be in the public interest to grant the application.

(2), (2AA)  (Repealed)

(2A)  An objection to the grant of an application for, or the removal of, a nightclub licence may be taken on the ground that the costs to the public in granting the licence will outweigh the benefit to the public (whether or not an objection is also taken on a ground specified in subsection (1) or (3)).

(3)  In addition to, or instead of, a ground specified in subsection (1) but without limiting its generality, objection to the grant of an application may be taken on one or more of the following grounds:

(a)  that the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) is habitually intoxicated,

(b)  that, within a period of 12 months that last preceded the date of the application:

(i)  the licence of the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was cancelled,

(ii)  the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was convicted of selling liquor without a licence or of selling adulterated liquor, or

(iii)  the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was convicted of an offence under section 116B (2),

(c)  that the premises to which the application relates do not have the minimum standard of accommodation prescribed by this Act for premises of that kind,

(d)  that the premises to which the application relates are in the immediate vicinity of, or of a site acquired for, a place of public worship, a hospital or a public school,

(e)  that the quiet and good order of the neighbourhood in which are situated the premises to which the application relates will be disturbed if the application is granted,

(f)  that a requirement of the Director made under this Act in relation to the application and specified in the objection has not been complied with.

(g)  (Repealed)

(4)  Where an objection to an application is taken on a ground referred to in subsection (1) (a), (a1) or (a2) or (2A), the onus is on the applicant to satisfy the court:

(a)  in the case of an objection on the ground specified in subsection (1) (a)—that the applicant is a fit and proper person to be the holder of a licence,

(a1)  in the case of an objection on the ground specified in subsection (1) (a1)—that the person to whom the objection relates is a fit and proper person to be a close associate of the holder of a licence,

(a2)  in the case of an objection specified in subsection (1) (a2)—that the person to whom the objection relates is a fit and proper person to occupy a position of authority in a body corporate that is to be the holder of a licence, or

(b)–(c2)  (Repealed)

(d)  in the case of an objection on the ground specified in subsection (2A)—that the benefit to the public in granting the application will outweigh the costs to the public.

(5)  (Repealed)

(6)  Objection to the granting of an application for a minors functions authority may be taken:

(a)  if the licensed premises are a hotel, on the ground that any part of the licensed premises in which liquor is ordinarily sold, supplied or disposed of or consumed or in which approved gaming machines are ordinarily kept is not capable of being physically separated from the proposed function areas or access areas to be designated by the functions authority in accordance with section 111A, or

(b)  on the ground that the sanitary conveniences on the licensed premises are not adequate or are not suitably located for use by persons attending the function areas, or

(c)  if the licensed premises are a hotel, on the ground that any part of the licensed premises in which liquor is ordinarily sold, supplied or disposed of or consumed or in which approved gaming machines are ordinarily kept is not capable of being physically separated from the part of the premises through or by means of which it would be necessary for a person attending such a function to pass in order to access any sanitary conveniences provided, or

(d)  on any other ground.

(7)  (Repealed)

46   Taking of objection

(1)  An objection under section 45 may be taken only by a written notice of objection that:

(a)  is signed by each objector and specifies his or her address, and

(b)  where a ground for the objection is a ground specified in section 45 (1)—specifies the reasons why the objector considers:

(i)  in the case of an objection on the ground specified in section 45 (1) (a)—that the applicant is not a fit and proper person to be the holder of a licence,

(ia)  in the case of an objection on the ground specified in section 45 (1) (a1)—that the person to whom the objection relates is not a fit and proper person to be a close associate of the holder of a licence,

(ib)  in the case of an objection specified in section 45 (1) (a2)—that the person to whom the objection relates is not a fit and proper person to occupy a position of authority in a body corporate that is to be the holder of a licence, or

(ii)  (Repealed)

(iii)  in the case of an objection on the ground specified in section 45 (1) (c)—that it would not be in the public interest to grant the application.

(2)  Except as provided by subsection (3), an objection may not be heard and determined unless a copy of the notice of objection has been given to the applicant and the registrar at least 3 clear days before the hearing of the application.

(3)  Notwithstanding subsection (2), the court may, in a proper case and subject to compliance with any conditions imposed by the court, hear and determine an objection to the grant of an application taken at the hearing of the application subject to the hearing, if the applicant so requests, being adjourned for such period of not less than 3 clear days as the court thinks fit.

(4)  When hearing and determining an objection, the court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the court.

47   Grant of application is discretionary in certain cases

(1)  Notwithstanding a finding by the court that a ground of objection to the grant of an application specified in section 45 (1) (a1) or (3) (a)–(e) has been made out, the court has a discretion to grant the application.

(1A)  The court may grant an application even though a ground of objection to the grant of the application has been made out under section 45 (3) (f) or (5) (d), but only if the court is satisfied that reasonable cause has been shown for the failure to comply with the requirement concerned.

(2)  Notwithstanding that an objection to the grant of an application for a licence on the ground specified in section 45 (1) (a), (a1) or (a2) has not been taken or made out, the court may refuse the application if it finds, after subsection (3) has been complied with:

(a)  that the applicant is not a fit and proper person to be the holder of a licence, or

(a1)  that a person who is, was or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a licence, or

(a2)  in the case of an application for the grant of a licence to a body corporate—that a person who occupies a position of authority in the body is not a fit and proper person to occupy such a position in a body that is to be the holder of a licence.

(b)  (Repealed)

(3)  A finding under subsection (2) may not be made unless:

(a)  the applicant has been made aware of reasons for the possibility of such a finding,

(b)  the applicant has been given an opportunity to make submissions, and adduce evidence related to those reasons, and

(c)  those reasons are, or are included in, the reasons for the finding.

47A   Refusal of application—responsible service standards

The court is to refuse an application for a licence unless satisfied that practices will be in place at the licensed premises as soon as the licence is granted 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 that those practices will remain in place.

Division 6 Grant of applications

48   Application of Division

(1)  Subject to sections 58 and 60, the provisions of this Division apply to and in respect of the conditional grant of an application in the same way as they apply to and in respect of the unconditional grant of an application of the same kind.

(2)  The requirements of this Division relating to premises apply to and in respect of a conditional application as if the premises to which the conditional application relates had been erected or, as the case may be, added to or altered, in accordance with the plans upon which the application is based.

49   Grant of hotelier’s licence—accommodation

(1)  An application for a hotelier’s licence may not be granted unless the premises to which the application relates contain at least:

(a)  such reasonable accommodation, if any, for the licensee and his or her family as the court thinks necessary,

(b)  such sanitary facilities for the use of customers as the court thinks necessary,

(c)  such accommodation for motor vehicles as the court thinks necessary, and

(d)  constantly ready and fit for public accommodation such residential accommodation, if any, and other facilities 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.

(2)  Upon application by the applicant for, or holder of, a hotelier’s licence, the court may modify or dispense with any requirement or condition for the provision of accommodation referred to in subsection (1) (a), (c) or (d) on the licensed premises or premises to which it is proposed to remove the licence.

49A   (Repealed)

49B   Grant of community liquor licence

(1)  An application for a community liquor licence may not be granted unless the court is satisfied that:

(a)  the premises to which the application relates are not within an area referred to in Schedule 5 (Metropolitan areas—dine-or-drink authorities and community liquor licences), and

(b)  the premises to which the application relates have proper facilities available for the sale, supply and consumption of liquor, and

(c)  there is no hotel operating in or in the vicinity of the neighbourhood that will be served by the community liquor licence, due to a hotel ceasing to operate or the removal of a hotel licence to premises outside the neighbourhood, and

(d)  there is no venue in or in the vicinity of the neighbourhood that will be served by the community liquor licence that provides the facilities proposed to be provided under the community liquor licence, and

(e)  there is support in the community for the grant of the licence, and

(f)  the granting of the application will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates.

(2)  An application to remove a community liquor licence must not be granted unless the court is satisfied that the removal is to a place within the neighbourhood of the premises from which it is proposed to remove the licence.

49C   Grant of off-licence (retail)

(1)  An application for, or to remove, an off-licence to sell liquor by retail that relates to a business whose primary purpose is not the sale of liquor may only be granted if the court is satisfied that:

(a)  the sale of liquor under the licence will take place in an area of the premises (the liquor sales area) that is adequately separated from other areas of the premises in which other activities are carried on, and

(b)  the principal activity to be carried on in the liquor sales area will be the sale of liquor.

(2)  An application for, or to remove, an off-licence to sell liquor by retail that relates to a general store may not be granted unless the court is satisfied that:

(a)  in the neighbourhood of the premises to which the application relates, no other take-away liquor service is reasonably available to the public, and

(b)  the grant of the licence would not encourage drink-driving or other liquor-related harm.

(2A)  An application for, or to remove, an off-licence to sell liquor by retail that relates to a service station may not be granted in any circumstances.

(3)  In this section:

general store means a convenience store, mixed business shop, corner shop or milk bar that has a retail floor area of not more than 240 square metres and that is used for the purpose of selling, exposing or offering for sale by retail principally groceries, smallgoods or associated small items.

service station means a building or place used primarily for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products.

50   Grant of on-licence (airport)

An application for an on-licence relating to an airport shall not be granted unless the court is satisfied that the premises to which the application relates:

(a)  are situated within an airport, and

(b)  have proper facilities available therein for the sale, supply and consumption of liquor.

51   Grant of on-licence to sell liquor at function or of approval for additional function

(1)  An application for a permanent on-licence (function), a temporary on-licence (function) or approval to conduct an additional function under a permanent on-licence (function) may be granted by the court or:

(a)  in the case of a temporary on-licence (function) to which no objection is made, by the registrar, or

(b)  in the case of an approval to conduct an additional function under a permanent on-licence (function) to which no objection is made, by the Principal Registrar.

(2)  An application for a permanent on-licence (function) must not be granted unless the court is satisfied that more than 3 functions are proposed to be held, under the authority conferred by the licence, within the first year during which the licence is in force.

(3)  An application for a temporary on-licence (function) or for approval to conduct an additional function under a permanent on-licence (function) must not be granted unless the court or person granting the application:

(a)  is satisfied that both the local consent authority and the local police have been provided, in such manner (if any) as is prescribed by the regulations, with a copy of the application, or

(b)  is satisfied that, in the circumstances of the case, it is not necessary for the local consent authority or police to be given a copy and has waived that requirement.

(4)  An application for a permanent on-licence (function), a temporary on-licence (function) or approval to conduct an additional function under a permanent on-licence (function) may not be granted if it is proposed to sell or supply liquor at the function concerned after midnight, unless the court or person determining the application is satisfied that the granting of the application will not result in undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(5)  An applicant for approval to conduct an additional function under a permanent on-licence (function) may be required to provide a description of the additional function, state the date on which it is to be held and provide such other information as the court or person determining the application may require.

(6)  An application for an on-licence to sell liquor at a function or for approval to conduct an additional function under a permanent on-licence (function) must not be granted unless the court or person determining the application is satisfied that any approval required under Part 1 of Chapter 7 of the Local Government Act 1993 in respect of the premises to which the application relates is in force.

51A   Functions authorised by permanent on-licence (function)

(1)  A permanent on-licence (function) authorises the sale and supply of liquor at:

(a)  functions that are specified in the licence when granted, and

(b)  additional functions that are approved after the licence has been granted, and

(c)  if the licence is held by a racing club or surf life saving club—additional functions at which the sale and supply of liquor is permitted by subsection (3B) or (3C).

(2)  The number of functions at which liquor may be sold or supplied under the licence is not to exceed the following limits:

(a)  not more than 1 function during any period of 7 days and not more than 26 functions during any period of one year,

(b)  such other limits as to the number of functions as may be specified by the court in relation to the licence.

(3)  The Principal Registrar, when acting under the power conferred by section 51 (1) (b), may not exceed any limits specified under subsection (2) (a).

(3A)  A reference in subsection (2) (a) to a function does not include a reference to a function permitted by subsection (3B) or (3C).

(3B)  Liquor may be sold or supplied under a licence held by a racing club at functions held on any days on which the club holds race meetings or operates a betting auditorium authorised under section 24 of the Racing Administration Act 1998, or on which betting authorised by section 8 (6) (f) of the Unlawful Gambling Act 1998 takes place at premises occupied by the club.

(3C)  Liquor may be sold or supplied under a licence held by a surf life saving club at functions, of which notice has been given in accordance with subsection (3D), held on any Saturday, Sunday or public holiday (other than a restricted trading day) in connection with or following an activity associated with the conduct or administration of surf life saving.

(3D)  Notice in writing of a function referred to in subsection (3C) must be given to the Commissioner of Police, the Director and the council in whose area (within the meaning of the Local Government Act 1993) the function is to be held, at least 14 days before the day of the function.

(3E)  A licence held by a surf life saving club is subject to the following conditions in respect of each function referred to in subsection (3C):

(a)  the function must be held on club premises (and if the club has several premises, only on its principal premises) and the only participants must be members of the club and their guests, and

(b)  the licensee must ensure that a register is kept on the premises, in which such details as the Director may require concerning any such function are recorded, and

(c)  the function must have been approved by resolution recorded in the records of the governing body of the club, and

(d)  food of a nature and quantity consistent with the responsible sale, supply and service of alcohol must be made available whenever liquor is made available at the function, and

(e)  liquor must not be made available at the function at any time before 12 noon or after 10 pm on the day on which the function is held, and

(f)  liquor must not be made available at the function for a period of more than 4 hours, and

(g)  all persons engaged in the sale, supply or service of liquor at the function must have successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and

(h)  the licensee and persons engaged in the sale, supply or service of liquor at the function must take all reasonable steps to ensure that no liquor is available at the function to any person under the age of 18 years, and

(i)  the licensee must ensure that adequate adult supervision is maintained at any time when persons under the age of 18 years are on the premises while the function is being held, and

(j)  police officers and special inspectors are to be permitted full and free access to the premises where the function is held, and to the register referred to in paragraph (b), at all times while the function is being held.

(4)  The licence is subject to:

(a)  a condition that the licensee must ensure that liquor is sold or supplied in accordance with any regulations made for the purposes of section 125C, and

(b)  a condition that the licensee must not permit activities that encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), and

(c)  such other conditions as may be prescribed by the regulations, or as are imposed by the court when granting the licence or by the Principal Registrar when granting an approval to conduct an additional function.

(5)  An approval to conduct additional functions under the licence has effect as if it were part of the authority conferred under the licence.

(6)  Any condition in force under this section in relation to an additional function is, for the purposes of this Act, taken to be a condition to which the permanent on-licence (function) is subject.

(7)  The premises at which an additional function is being held are, for the purposes of this Act, taken to be licensed premises when the additional function is being held.

51B   Functions authorised by temporary on-licence (function)

(1)  The authority conferred by a temporary on-licence (function) is limited to the function or functions to which the licence relates. The function or functions are to be specified by the court or registrar when granting the licence.

(2)  The licence is subject to:

(a)  a condition that the licensee must ensure that liquor sold or supplied under the authority of the licence is sold or supplied in accordance with any regulations made for the purposes of section 125C, and

(b)  a condition that the licensee must not permit activities at the function or functions to which the licence relates that encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), and

(c)  such other conditions as are prescribed by the regulations, or as are imposed by the court or the registrar when granting the licence.

52   Grant of on-licence (public hall)

An application for an on-licence relating to a public hall shall not be granted unless the court is satisfied that the premises to which the application relates:

(a)  have adequate fittings, furniture and equipment for the accommodation of at least 300 persons at one and the same time, and

(b)  have proper facilities available therein for the sale, supply and consumption of liquor.

53   Grant of on-licence (restaurant) and associated matters

(1)  An application for an on-licence relating to a restaurant shall not be granted unless:

(a)  the court is satisfied that the premises to which the application relates are, or are to be, operated as a bona fide restaurant, and

(b)  the court is satisfied:

(i)  that sanitary facilities for the use of customers meet the requirements of any development consent or complying development certificate (within the meaning of the Environmental Planning and Assessment Act 1979) required to be granted in respect of the use of the premises as a restaurant, or

(ii)  if no such consent or certificate is required for the premises to be so used—that sufficient sanitary facilities for the convenient use of customers are located within, or in immediate proximity to, the restaurant.

(2)  Where an on-licence is granted in relation to a restaurant 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.

(3)  An application for an on-licence relating to a restaurant is not to be granted where any sanitary facilities for the restaurant are proposed by the applicant for the licence to be located in immediate proximity to the restaurant (and not within the restaurant) unless the court is satisfied that:

(a)  there are special circumstances that prevent those facilities being located within the restaurant, and

(b)  the facilities are sufficiently near to the restaurant for convenient use by its patrons, and

(c)  the facilities will be fully accessible to the patrons during the trading hours of the restaurant, and

(d)  the safety of patrons will not be jeopardised by reason of the location of the facilities, and

(e)  the applicant for the on-licence has entered into a written agreement or made other appropriate arrangements with the owner or occupier of the premises in which the facilities are located for the maintenance of the cleanliness of the facilities during the trading hours of the restaurant, and

(f)  the grant of the licence is necessary to meet the needs of tourists and tourism or other special needs.

(4)  An application for the endorsement of an on-licence relating to a restaurant 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 premises will at all relevant times be operated consistently with the primary purpose of the premises, as referred to in section 23 (2A), 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 in the restaurant will be allocated to persons not dining at the premises.

(5)  An application to remove an on-licence that relates to a restaurant and that is endorsed with a dine-or-drink authority must not be granted unless the court is satisfied that the removal is to a place within the neighbourhood of the premises from which it is proposed to remove the licence.

53A   Grant of motel licence

An application for a motel licence must not be granted unless the court is satisfied that the premises concerned are to be operated as a bona fide motel.

54   Grant of on-licence (theatre)

An application for an on-licence relating to a theatre must not be granted unless the court is satisfied that the premises to which the application relates:

(a)  are a theatre (other than a drive-in theatre or an open-air theatre), and

(b)  are primarily and regularly used for entertainments of the stage or for cinematographic entertainment, or both, and

(c)  have proper facilities to operate as a theatre (for example, appropriate seating having regard to the size and location of the stage or screen), and

(d)  have proper facilities available for the sale, supply and consumption of liquor, and

(e)  meet such other requirements as the court thinks relevant.

54A   Limitation of on-licences for university

An application for an on-licence for premises within a university shall not be granted unless the court is satisfied:

(a)  that membership of the union, association or club that occupies the premises is open to the whole of the student body of the university, and

(b)  that the licensed premises will be available for use by a member of the student body (whether or not a member of the union, association or club) at all times at which it is available for use by any other member of the student body.

54B   Grant of caterer’s licence

(1)  An application for a caterer’s licence must not be granted unless the court is satisfied that:

(a)  the principal business of the applicant, and the principal business of any person or body on whose behalf the applicant will hold the licence, is or is proposed to be that of providing catering services for fee, gain or reward, and

(b)  the applicant has such skills, qualifications and experience, and has undergone such training, as may be prescribed by the regulations as necessary for the holder of a caterer’s licence, and

(c)  the applicant is or will be the occupier of a commercial kitchen which satisfies any applicable standards and requirements determined by the Board for commercial kitchens and for access to the kitchen by the licensee.

(2)  A caterer’s licence must specify, as the commercial kitchen to which the licence applies, the commercial kitchen occupied by the licensee as referred to in subsection (1). A particular commercial kitchen may not be specified in more than one caterer’s licence.

(3)  The Board may determine standards and requirements for commercial kitchens, or different classes of commercial kitchens, and for access to commercial kitchens, for the purposes of this section.

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.

54C   Application to be refused if name objectionable

An application for a licence is to be refused if the court is of the opinion that the proposed name for the licensed premises is objectionable, inappropriate or misleading or is a name that is a prohibited name for the licensed premises under section 91 (Name of licensed premises).

55   Issue of licence

(1)  Where the court grants an application for a licence or is authorised by the Governor or the Minister to issue a licence, the licence may be issued by the registrar or by the Principal Registrar but is not to be issued unless the fee (if any) prescribed by section 56 is paid to the registrar or the Principal Registrar and any condition without prior compliance with which the grant or authority does not have effect has been complied with.

(2)  A grant of, or authority to issue, a licence does not have effect while the issue of the licence is prohibited by subsection (1) or while a stay under subsection (4) is in force.

(3)  Where a registrar grants an application for a licence, the licence shall be issued by the registrar on payment to the registrar of the fee prescribed by section 56 for the licence.

(3A)  A grant of, or an authority to issue, a licence is cancelled after 3 months if the fee prescribed under section 56 has not been paid.

(4)  The court may stay the issue of a licence:

(a)  until the expiration of the period within which an appeal against the adjudication granting the licence may be made or the expiration of the period of 1 month that next succeeds the adjudication, whichever is the later, and

(b)  where such an appeal is lodged—until the appeal is heard and determined or otherwise disposed of,

      and may at any time terminate such a stay.

(5)  In its application to a hotelier’s licence, an off-licence to sell liquor by retail or a nightclub licence, this section has effect subject to section 55A.

55A   Issue of licence on instalment plan

(1)  This section applies to a hotelier’s licence, an off-licence to sell liquor by retail and a nightclub licence.

(2)  The licence:

(a)  is not to be issued if one-quarter of the fee prescribed by section 56 has not been paid within 3 months after the licence is granted, and

(b)  is not to be issued until one-quarter of that fee has been paid, and

(c)  is automatically cancelled on the first anniversary of its grant if any part of that fee remains unpaid at that date.

(3)  If the licence is cancelled under subsection (2) (c), amounts paid toward the fee for the licence are not refundable to the applicant.

56   Fee for grant of licence

(1)  Subject to this section, the prescribed fees for the granting of licences are as follows:

(a)  in the case of a hotelier’s licence—the fee prescribed by the regulations or determined in accordance with the regulations,

(a1)  in the case of a community liquor licence—$500,

(b)  in the case of an off-licence to sell liquor by retail—the fee prescribed by the regulations or determined in accordance with the regulations,

(c)  in the case of an off-licence for a vigneron—$1,000,

(d)  in the case of an off-licence to sell liquor to persons authorised to sell liquor—$2,000,

(e)  in the case of an off-licence for a brewer—$2,000,

(f)  in the case of an off-licence to auction liquor—such fee, not exceeding $2,000, as is fixed by the Board for the licence,

(g)  in the case of an on-licence relating to premises at an airport—$500,

(h)  in the case of a permanent on-licence (function)—$500,

(i)  in the case of an on-licence relating to a public hall—$500,

(j)  in the case of an on-licence relating to a restaurant:

(i)  where the application granted did not include an application for a variation of trading hours under section 32 (3) and the licensed premises do not include a motel—$500,

(ii)  where the application granted included an application for such a variation and the licensed premises do not include a motel—$2,000, or

(iii)  where the licensed premises include a motel—the fee that would have been payable under subparagraph (i) or (ii) if the premises had not included a motel, together with such fee, not exceeding $4,000, as is fixed by the Board for the licence,

(j1)  in the case of a motel licence—such fee, not exceeding $500, as may be fixed by the Board,

(k)  in the case of an on-licence relating to a theatre—$500,

(l)  in the case of an on-licence relating to premises within a university—$500,

(m)  in the case of an on-licence relating to a vessel or an aircraft—$500,

(m1)  in the case of a caterer’s licence—$1,000,

(m2)  in the case of a nightclub licence for premises within the area constituting the City of Sydney as at 1 December 1994 or fronting onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street–Darlinghurst) or situated within an area bounded by those streets or parts of streets—$60,000, or

(m3)  in the case of a nightclub licence for premises in an area referred to in Schedule 4 (other than premises referred to in paragraph (m2))—$40,000, or

(m4)  in the case of a nightclub licence for premises in an area not referred to in Schedule 4—$10,000,

(m5)  in the case of a nightclub licence for licensed premises that include a motel—the fee that would have been payable under paragraph (m2), (m3) or (m4) if the premises had not included a motel, together with such fee, not exceeding $4,000, as is fixed by the Board for the licence,

(n)–(p)  (Repealed)

(q)  in the case of an on-licence referred to in section 18 (4) (g)—the fee fixed by the Board for the licence.

(2), (3)  (Repealed)

(3A)  If an application for the removal of a nightclub licence is granted, a fee is payable equal to the difference (if any) between the fee that was required to be paid for the granting of the licence and any greater fee that would have been required to be paid for the granting of the licence at the new premises.

(4)  The regulations may, instead of an amount specified in subsection (1), prescribe a different amount and, where a different amount is so prescribed, that subsection shall be construed as if it prescribed the amount by the regulations instead of the amount prescribed by the subsection.

(5)  If the court varies the trading hours for licensed premises, the variation does not take effect until:

(a)  the prescribed fee has been paid to the Principal Registrar or another registrar, and

(b)  the variation has been endorsed on the licence by the Principal Registrar or another registrar.

(6)  For the purposes of subsection (5), the prescribed fee for a variation of trading hours to extend the trading hours for premises to which a nightclub licence relates is $10,000.

(7)  However, no fee is payable as referred to in subsection (6) if:

(a)  a variation is revoked or an extension of trading hours is reduced and application is made subsequently for a variation of trading hours to extend the trading hours in respect of the same premises, or

(b)  an extension of trading hours has been granted for particular premises and application is made subsequently for a further extension of trading hours in respect of the same premises.

(8)  The Board may, on application, refund the fee for a variation of trading hours to extend the trading hours for premises to which a nightclub licence relates if the application for the variation was refused after a trial period.

(9)  The following provisions have effect with respect to dine-or-drink authorities:

(a)  The authority:

(i)  is not (if the authority has been endorsed on a restaurant licence) to be issued if one-quarter of the prescribed fee has not been paid within 3 months after the authority is granted, and

(ii)  is not (if the authority has been endorsed on a restaurant licence) to be issued until one-quarter of the prescribed fee has been paid, and

(iii)  does not take effect until the authority has been endorsed on the licence concerned by the Principal Registrar or another registrar, and

(iv)  is automatically cancelled on the first anniversary of its grant if any part of the fee for the authority remains unpaid at that date.

(a1)  If the authority is cancelled under paragraph (a) (iv), amounts paid toward the prescribed fee are not refundable to the applicant.

(b)  The prescribed fee in the case of a dine-or-drink authority for licensed restaurant premises in an area referred to in Schedule 5 is:

(i)  where the premises have over 100 seated dining positions—$15,000, or

(ii)  where the premises have 100 or fewer seated dining positions—$10,000.

(c)  The prescribed fee in the case of a dine-or-drink authority for licensed restaurant premises in an area not referred to in Schedule 5 is:

(i)  where the premises have over 100 seated dining positions—$10,000, or

(ii)  where the premises have 100 or fewer seated dining positions—$5,000.

(d)  No fee is payable for the endorsement of a dine-or-drink authority on a nightclub licence.

56A   Additional fees payable on variation of conditions of certain licences

(1)  If the court grants an application for the variation of the conditions of a hotelier’s licence or of an off-licence to sell liquor by retail by omitting any condition or reducing the restrictiveness of a condition, the court may make an order that the variation does not take effect until any fee determined by the Board has been paid.

(2)  If the court makes such an order:

(a)  the Board may determine a fee, being no more than the difference between the fee that would have been payable for the varied licence, if it were granted on the date of the order, and the fee paid for the licence, and

(b)  the Board must make any such determination within 14 days after the order has been made, and

(c)  the variation does not take effect until any fee determined under this subsection within that time has been paid to the Principal Registrar or another registrar.

56B   Annual fee for community liquor licence

(1)  A fee of $50 is payable in respect of a community liquor licence on or before 31 March (the due date) in each calendar year for which the licence is in force. The licence is cancelled if the fee is not paid by the due date.

(2)  Application can be made to the court for the reinstatement of a community liquor licence cancelled by the operation of this section. The application can only be made by the licensee or a person acting on behalf of and with the authority of the non-proprietary association concerned, and must be made within 2 months after the cancellation of the licence.

(3)  The court may order reinstatement of the licence but only if satisfied that there is a reasonable explanation for the failure to pay the fee that resulted in cancellation of the licence.

(4)  The reinstatement of a licence does not take effect until the unpaid fee is paid.

56C   Annual fee for hotelier’s licence or off-licence (retail)

(1)  A fee prescribed by, or determined in accordance with, the regulations is payable in respect of a hotelier’s licence or an off-licence to sell liquor by retail.

(2)  The fee must be paid within the period of 21 days after 31 July in each calendar year for which the licence is in force. The licence is cancelled if the fee is not paid within that 21-day period.

(3)  The regulations may provide for exemptions with respect to the payment of fees under this section.

(4)  An application may be made to the court for the reinstatement of a hotelier’s licence, or an off-licence to sell liquor by retail, that has been cancelled by the operation of this section. An application for reinstatement of a licence may only be made within 2 months after the cancellation of the licence.

(5)  The court may order reinstatement of the licence but only if satisfied that there is a reasonable explanation for the failure to pay the fee that resulted in cancellation of the licence.

(6)  The reinstatement of a licence does not take effect until the unpaid fee is paid.

57   Removal of hotelier’s licence or off-licence (retail)

(1)  The court shall not grant an application for removal of a hotelier’s licence or an off-licence to sell liquor by retail to a place outside the neighbourhood of the premises from which it is proposed to remove the licence unless it is satisfied that the removal of the licence to the proposed new site will not affect detrimentally the interests of the public in the neighbourhood of the premises from which it is proposed to remove the licence.

(1A)  The court is to refuse an application for removal of a hotelier’s licence unless the court is satisfied that:

(a)  practices will, as soon as the removal of the licence takes effect, be in place at the premises to which the licence is proposed to be removed that ensure, as far as reasonably practicable, that liquor is sold, supplied and served responsibly on those premises and that all reasonable steps are taken to prevent intoxication on those premises, and

(b)  those practices will remain in place, and

(c), (d)  (Repealed)

(1B)  The court is to refuse an application for removal of an off-licence to sell liquor by retail unless the court is satisfied that:

(a)  practices will, as soon as the removal of the licence takes effect, be in place at the premises to which the licence is proposed to be removed that ensure, as far as reasonably practicable, that liquor is sold and supplied responsibly on those premises, and

(b)  those practices will remain in place.

(2)  The court may refuse an application for removal of a hotelier’s licence if it considers that the removal would adversely affect the interest of the owner or a lessee or mortgagee of the premises from which it is proposed to remove the licence, or a sublessee from a lessee or sublessee of those premises.

(3)  The grant of an application for removal of a licence to premises other than those specified in the licence takes effect when the registrar endorses the licence to the effect that those other premises are the premises to which the licence relates.

(4)  (Repealed)

58   Duration of conditional grant

If an application is conditionally granted under section 40, the grant has effect only while an approval or consent required by another Act for the use, erection, addition or alteration to which the grant relates has effect.

59   (Repealed)

60   Final grant of application

(1)  The registrar may, on application, make a final grant of an application conditionally granted under section 40.

(2)  The registrar is not to make a final grant of an application to erect, add to, or alter, premises unless the applicant for the final grant produces evidence by which the registrar is satisfied that the work of erection, addition or alteration has been completed substantially in accordance with the approved plan on the basis of which the conditional application was granted.

(3)  Section 55 applies where an application is finally granted by the registrar under subsection (1) in the same way as it applies where an application is granted by the court.

(4)  An application for a final grant of a conditional application may not be made:

(a)  before the expiration of the period within which an appeal against the conditional grant of the application may be lodged,

(b)  where such an appeal is lodged:

(i)  before the appeal is heard or determined or otherwise disposed of, or

(ii)  if the appeal is upheld, or

(c)  if the person making the request has any knowledge of proceedings instituted in any court as a result of which, if determined at the time of the making of the request, the registrar or the Licensing Court might be precluded from finally granting the application.

61   Grant of transfer of licence

(1)  Subject to this section, the court may grant an application under section 41 or 42 for the transfer of a licence to a person approved by it who would be entitled to apply for the same kind of licence in relation to the licensed premises.

(2)  Where there is no objection to an application under section 41 (3) for the transfer of a licence, the application may be granted by the registrar.

(2A)  If there is no objection to an application under section 41 for the transfer of a motel licence, the application may be granted by the Principal Registrar.

(3)  Where the court is satisfied on the information before it that there is nothing that might preclude it from granting an application under section 41 or 42, the court may, at the request of the transferee and with the written consent of the transferor, make a provisional grant of the application.

(4)  A provisional grant of an application for the transfer of a licence ceases to have effect unless the provisional grant is confirmed by the court before:

(a)  the lodging of an objection to the grant of the application,

(b)  the expiration of a period specified by the court when provisionally granting the application together with such additional periods as the court thinks fit to allow upon application made before expiration of the period sought to be extended, or

(c)  the lodging of an application by the transferor for a transfer of the licence to a different transferee,

      whichever first occurs.

(5)  Subject to subsection (4), a provisional grant of an application has the same effect as a grant of the application under subsection (1).

(5A)  If a provisional grant of an application for the transfer of a licence ceases to have effect because of the operation of subsection (4), the court may make such orders in relation to the licence as it considers appropriate in the circumstances, including any of the following orders:

(a)  an order that the licence is to revert to the transferor,

(b)  an order treating a person (with the person’s consent) as licensee until a transfer of the licence is effected,

(c)  an order that the licence not be exercised until specified conditions are met or the court orders otherwise.

(6)–(6B)  (Repealed)

(7)  A transfer of a licence has effect as if the licence had been granted to the transferee.

(8)  The prescribed fee for the transfer of a licence is:

(a)  where the licence is a hotelier’s licence or an off-licence to sell liquor by retail—$500, or

(b)  in any other case—$100.

(9)  The regulations may prescribe a different amount instead of an amount specified in subsection (8) and, where a different amount is so prescribed, that subsection shall be construed as if it prescribed the amount prescribed by the regulations instead of the amount prescribed by the subsection.

61A   Refusal of application for transfer of licence—responsible service standards

The court is to refuse an application for the transfer of a licence unless satisfied:

(a)  that practices will be in place at the licensed premises of the transferee as soon as the licence is transferred 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

(b)  that those practices will remain in place.

62   Applications of equal merit

In deciding which application it should grant where the applications before it are, apart from considerations arising from the order in which they were made, of equal merit, the court is not bound to grant the application made first.

62A   Director’s report required before application may be granted

(1)  An application for a licence, or for the transfer of a licence, must not be granted by the court unless the court has received and considered a report by the Director as to any investigations and inquiries carried out, or reports received, under Division 4A.

(2)  However, the court may hear and determine such an application if any investigation, inquiry or report under that Division has not been completed or received by the court within 3 months after the application was lodged.

(3)  The 3 month period may be extended by the court on application being made by the Director before the end of the period.

(4)  This section does not apply to an application for a temporary on-licence (function) to which section 42B does not apply.

Division 6A Social impact assessment process

62B   Application of Division

(1)  This Division applies to an application (referred to in this Division as a relevant application) for the grant or removal of:

(a)  a hotelier’s licence, or

(b)  an off-licence to sell liquor by retail.

(2)  A reference in this Division to the premises to which a relevant application relates is, in the case of the removal of the licence concerned, a reference to the premises to which, if the application were granted, the licence would be removed.

62C   Social impact assessment required before relevant application may be granted

(1)  The court must not grant a relevant application unless:

(a)  a social impact assessment has been provided to the Board in connection with the application, and

(b)  the Board has approved the social impact assessment.

(2)  A social impact assessment must comply with this Division and the regulations.

(3)  A social impact assessment provided to the Board must be accompanied by such fee as may be prescribed by the regulations.

(4)  A social impact assessment may be provided before the relevant application to which it relates is made.

62D   Requirements in relation to social impact assessments

The regulations may make provision for or with respect to the following:

(a)  the requirements that must be satisfied in connection with a social impact assessment,

(b)  the matters to be assessed or addressed by a social impact assessment,

(c)  the information to be provided by a social impact assessment.

62E   Advertising of social impact assessment

(1)  If a social impact assessment is provided to the Board in connection with a relevant application, the applicant must:

(a)  place a copy of the social impact assessment on public exhibition at the premises to which the application relates, and

(b)  publish an advertisement in relation to the social impact assessment:

(i)  in a newspaper circulating throughout the State, and

(ii)  in a local newspaper circulating in the local government area in which the premises are situated, and

(c)  provide a copy of the social impact assessment to the Director and the local council for that area at or before the time the advertisement is published.

(2)  If the premises to which the relevant application relates are not yet erected or occupied by the applicant, subsection (1) (a) is complied with if the social impact assessment is dealt with as provided by the regulations.

(3)  The advertisement under subsection (1) (b) must:

(a)  be in the form approved by the Board, and

(b)  state that a copy of the social impact assessment will be available for public inspection at the place specified in the advertisement, and

(c)  invite written submissions on the matter to be made to the Board within 30 days after the publication of the advertisement.

(4)  The social impact assessment is not to be determined by the Board until after the expiration of that 30-day period.

(5)  In determining the social impact assessment, the Board must take into account any written submission made on the matter within that 30-day period.

(6)  The regulations may exclude any specified class of social impact assessments from the operation of this section.

62F   Approval of social impact assessment

(1)  The Board may approve a social impact assessment that is provided in connection with a relevant application only if the Board is satisfied that:

(a)  the social impact assessment complies with this Division and the regulations, and

(b)  the overall social impact of the application being granted by the court will not be detrimental to the local community or to the broader community.

(2)  If, in determining a social impact assessment, the Board incurs any costs that are not covered by the fee referred to in section 62C (3), the applicant is liable to meet those costs. The Board may refuse to determine the social impact assessment until any such costs are paid or provision, to the Board’s satisfaction, has been made for their payment.

(3)  The Minister may issue written guidelines to the Board in relation to the following matters:

(a)  the factors that are to be taken into account by the Board in determining a social impact assessment,

(b)  the criteria for determining the local community and the broader community for the purposes of subsection (1) (b),

(c)  the manner in which the Board is to exercise its functions in relation to a social impact assessment,

(d)  the appropriate form for a social impact assessment.

(4)  In exercising any of its functions in relation to a social impact assessment, the Board is subject to the guidelines issued by the Minister under subsection (3).

(5)  Sections 40 and 41 of the Interpretation Act 1987 apply to the guidelines in the same way as those sections apply to statutory rules.

Division 7 Death or disability of licensee

63   Endorsement of licence after death or disability of licensee

(1)  In this section, a reference to the business of a licensee is a reference to the business of the licensee carried on by the licensee pursuant to his or her licence immediately before his or her death, bankruptcy or other disability referred to in this section.

(2)  Where a licensee dies, the business of the licensee may be carried on for a period not exceeding 1 month by a person of or above the age of 18 years who:

(a)  was the spouse of the licensee,

(b)  is a member of the family left by the licensee, or

(c)  carries on the business on behalf of the family left by the licensee,

      subject to the registrar being notified forthwith that the business of the licensee is being so carried on.

(3)  Where, within the period of 1 month referred to in subsection (2), application is made to the court by:

(a)  the person carrying on the business of the licensee under subsection (2), or

(b)  a person who claims that, for the purpose of continuing to carry on the business, he or she should be preferred to the person referred to in paragraph (a),

      for endorsement of the licence, as agent, of the name of the applicant, the person referred to in paragraph (a) may continue to carry on the business of the licensee until the application is heard and determined.

(4)  Where, under the Bankruptcy Act 1966 of the Parliament of the Commonwealth as from time to time in force, a trustee holds office in relation to the business of a licensee, the business of the licensee may be carried on by the trustee, or by a person authorised for the purpose by the trustee, subject to:

(a)  the registrar being notified forthwith that the business is being so carried on, and

(b)  application being made to the court by the trustee as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.

(5)  Where a licensee is, within the meaning of the Mental Health Act 1958, a temporary patient, a continued treatment patient, a protected person or an incapable person, or a person under detention under Part 7 of that Act, the business of the licensee may be carried on by the Protective Commissioner or a person authorised for the purpose by the Protective Commissioner, subject to:

(a)  the registrar being notified forthwith that the business of the licensee is being so carried on, and

(b)  application being made to the court by the Protective Commissioner as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.

(6)  A person who carries on the business of a licensee pursuant to this section shall, while he or she so carries on the business, be deemed to be the licensee.

64   Grant of application for endorsement of licence

(1)  The court may grant an application under section 63 (3), (4) or (5) if it is satisfied that the person whose name the applicant seeks to have endorsed on the licence is a fit and proper person to carry on the business to which the application relates and where, following the death of a licensee, it is so satisfied in relation to more than one such person, it may grant the application of such one of them as it thinks fit.

(2)  A grant of an application under section 63 (3), (4) or (5) takes effect with respect to a licence when the registrar endorses the licence in accordance with the grant.

(3)  A person whose name is endorsed on a licence pursuant to subsection (2) shall, while the endorsement has effect, be deemed to be the licensee.

(4)  An endorsement of a licence under subsection (2) does not have effect for a period in excess of 1 year unless the court allows an additional period, or additional periods, upon application made before expiration of the period sought to be extended.

65   Transfer of licence after death or disability of licensee

(1)  Where probate of the will of a deceased licensee is, or letters of administration of the deceased licensee’s estate are, granted, the executor or administrator shall forthwith apply to the court for the transfer of the licence to himself or herself, or to a person nominated by him or her, as transferee.

(2)  A trustee referred to in section 63 (4) who holds office in relation to the business of a licensee may apply under section 41 as transferor for the transfer of the licence to a person nominated by the trustee.

(3)  Where section 63 (5) applies in relation to a licensee, the Protective Commissioner may apply under section 41 as transferor for the transfer of the licence to a person nominated by the Protective Commissioner.

(4)  Where a licence is transferred pursuant to an application authorised by this section, any endorsement of the licence under section 64 ceases to have effect.

Division 8 Disciplinary provisions

66   Interpretation

(1)  For the purposes of this Division a reference to a conviction for an offence against this Act does not include a reference to a conviction for an offence under section 91 or 125A or any other offence prescribed by the regulations for the purposes of this section.

(2)  In this Division, a reference to a licensee includes a reference to a former licensee and a reference to a manager includes a reference to a former manager.

66A   Director may investigate licensee and others

(1)  The Director may at any time carry out all such investigations and inquiries as are considered by the Director to be necessary in order to ascertain whether a complaint should be made against a licensee, manager, close associate or non-proprietary association under section 67.

(2)  The Commissioner of Police is to inquire into, and report to the Director on, such matters as the Director may request concerning the licensee, manager, close associate or non-proprietary association to whom or to which the complaint, if made, would relate.

(3)  The Director may, by notice in writing, require a licensee, a manager, a close associate or a non-proprietary association who or which is the subject of an investigation under this section, or a close associate of such a licensee or manager, to do one or more of the following things:

(a)  provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation and is specified in the notice,

(b)  produce, in accordance with directions in the notice, such records as are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,

(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),

(d)  furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and his or her associates.

(4)  A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

67   Summons to show cause against taking of disciplinary action

(1)  A complaint in relation to a licensee or manager is an authorised complaint for the purposes of this section if it is made in writing by:

(a)  the owner of the licensed premises,

(b)  a person authorised in writing by 3 or more persons residing in the vicinity of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents,

(c)  the Commissioner of Police,

(d)  a person authorised by the local consent authority for the licensed premises,

(e)  a person authorised by:

(i)  an industrial organisation of employees registered under the Industrial Relations Act 1996, or

(ii)  an association of employees registered under the Conciliation and Arbitration Act 1904 of the Parliament of the Commonwealth, as from time to time in force, or

(f)  the Director,

      and specifies as its grounds one or more of the grounds specified in section 68.

(1A)  A complaint in relation to a licensee is an authorised complaint for the purposes of this section if:

(a)  it is made in writing by a person authorised to do so by the relevant local consent authority referred to in subsection (1) (d), and

(b)  it specifies, as the ground on which it is made, that the licensed premises are being opened for business even though the owner of the licensed premises has failed to comply with a direction or order of the local consent authority to carry out specified work on or in relation to the licensed premises.

(1B)  A complaint in relation to a person who is a close associate of a licensee is an authorised complaint for the purposes of this section if it is made in writing by the Commissioner of Police or the Director and specifies as its grounds one or more of the grounds specified in section 68 (1A).

(1C)  A complaint in relation to a non-proprietary association is an authorised complaint for the purposes of this section if:

(a)  it is made in writing by a person referred to in subsection (1), and

(b)  it specifies, as the ground on which it is made, either or both of the grounds specified in section 68 (3).

(1D)  Complaints that are severally made:

(a)  against a licensee and a close associate, or

(b)  against a licensee holding an on-licence to sell liquor at a function and the non-proprietary association on whose behalf the licence was held,

      and any other several complaints that are in some manner associated may, if it appears to the court to be just and expedient so to proceed, be heard and determined together.

(2)  Upon the making of an authorised complaint, a Magistrate or licensing magistrate, or the Principal Registrar, may summon the licensee, manager or person to whom the complaint relates to appear before the court to answer the complaint and show cause why disciplinary action should not be taken against the licensee, manager or person in accordance with this Act.

(3)  A summons under subsection (2):

(a)  shall specify the grounds of the complaint on which it is issued,

(b)  where a ground of complaint is the ground referred to in section 68 (1) (d), (e), (f) or (h) or (1A) (a)—shall specify the reasons given by the complainant for making the complaint on that ground, and

(c)  must be served on the person the subject of the complaint and, if that person is not the licensee, on the licensee personally or by post, not less than 14 days before the day appointed for the hearing of the complaint.

(4)  Where an authorised complaint relates to an on-licence for premises within a university, a copy of the complaint shall be served, not less than 14 days before the day appointed for the hearing of the complaint, on the university by leaving it at the office of the university and the university may, at the hearing of the complaint, be represented and be heard.

(5)  Where a complaint is made under this section, a copy of the complaint shall be served by post:

(a)  where the licensee occupies the licensed premises under a lease—on the lessor, and

(b)  on each person named:

(i)  in the affidavit referred to in section 38 (3) that accompanied the application for the licence, or

(ii)  if an affidavit accompanied an application for transfer of the licence as referred to in section 41 (4) or has been produced to the registrar under section 101 (4A)—in the later or latest of those affidavits, and

(c)  if the complaint is against a licensee on the ground that a person named in the complaint is a close associate of the licensee and is not a fit and proper person to be a close associate of a licensee—on that person,

(d)  if the complaint is in relation to a non-proprietary association—on the person who holds or held the licence on behalf of the association,

      and each person so served may, at the hearing of the complaint, be represented and be heard.

(6)  (Repealed)

(7)  Notwithstanding the other provisions of this section, a licensee who fails to comply with a condition of the licence is guilty of an offence against this Act but the same failure to comply with a condition of a licence may not be the subject both of proceedings under this subsection and an authorised complaint on the ground referred to in section 68 (1) (a) or (b).

68   Grounds for complaint

(1)  The grounds upon which a complaint may be made under section 67 (1) in relation to a licensee or a manager of licensed premises are:

(a)  that the licensee or manager has, while holding a licence or managing licensed premises, been convicted:

(i)  of an offence specified in the complaint (other than an offence against this Act) for which he or she has been sentenced to imprisonment, or

(ii)  of an offence against this Act so specified,

(b)  that the licensee or manager has been guilty of a breach of a condition of the licence concerned,

(c)  that the licensee or manager has failed to comply with a direction or order of the Board or court given or made under this Act and specified in the complaint,

(c1)  that a requirement of the Director made under this Act in relation to the investigation of the licensee or manager and specified in the complaint has not been complied with,

(c2)  that the licensee has failed to comply with a direction of the Director, given under section 101A,

(d)  that the continuation of the licence is not in the public interest,

(d1)  that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),

(d2)  that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises,

(d3)  that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises,

(e)  that the licensee is not a fit and proper person to be the holder of a licence or the manager is not a fit and proper person to be the manager of the licensed premises,

(e1)  that a person named in the complaint is a close associate of the licensee and is not a fit and proper person to be a close associate of a licensee,

(f)  that a person named in one of the following affidavits made in relation to the licence held by the licensee or, where more than one such affidavit has been made, the later or latest of those affidavits, namely:

(i)  an affidavit, referred to in section 38 (3), which accompanied the application for the licence,

(ii)  an affidavit, referred to in section 38 (3) as applied by section 41 (4), which accompanied an application for the transfer of the licence,

(iii)  an affidavit, referred to in section 101 (4A), produced to the registrar,

      is not a fit and proper person to be directly or indirectly interested in the licence or the business, or the profits of the business, carried on pursuant to the licence,

(f1)  in the case of a licence held by a body corporate—that a person who occupies a position of authority in the body is not a fit and proper person to occupy such a position in a body that is the holder of a licence,

(g)  (Repealed)

(g1)  that entertainment has been conducted on the licensed premises otherwise than in accordance with the conditions of an approval under Part 1 of Chapter 7 of the Local Government Act 1993 or the provisions of any regulation made under that Act,

(h)  that the licence is considered not to have been exercised in the public interest,

(i)  in the case of an on-licence relating to a restaurant—that the premises concerned have been used for a purpose that is not consistent with their primary purpose of being a restaurant, as referred to in section 23 (2A),

(j)  in the case of a licence endorsed with a dine-or-drink authority—that the licensee or manager of the premises concerned has failed to comply with a direction of the Director or the Commissioner of Police under section 102,

(k)  in the case of a caterer’s licence—that the principal business of the licensee under that licence, or the principal business of any person or body on whose behalf the licensee holds the licence, is not the business of providing catering services for fee, gain or reward, or

(l)  (Repealed)

(1A)  The grounds on which a complaint may be made under section 67 (1B) in relation to a person who is a close associate of a licensee are as follows:

(a)  that the close associate is not a fit and proper person to be a close associate of a licensee,

(b)  that a complaint against the licensee under section 67 has been established and that:

(i)  the close associate knew or ought reasonably to have known that conduct of the kind to which the complaint relates was occurring or was likely to occur on the licensed premises, and

(ii)  the close associate failed to take all reasonable steps to prevent conduct of that kind occurring on the licensed premises,

(c)  that a requirement of the Director made under this Act in relation to the investigation of the close associate and specified in the complaint has not been complied with.

(2)  Without prejudice to any ground specified in subsection (1), the licensee or the manager of licensed premises under an on-licence relating to premises within a university may be summoned under section 67 upon a complaint under that section that a person has been obstructed, hindered or delayed in the exercise of the powers conferred on the person by section 110 (6).

(3)  The grounds on which a complaint may be made under section 67 (1C) in relation to a non-proprietary association on whose behalf an on-licence to sell liquor at a function is or was held are:

(a)  that the non-proprietary association did not exercise proper control and supervision over a function to which the licence applied, or

(b)  that it is not in the public interest for liquor to be sold or supplied at functions conducted by or under the auspices of the association.

68A   Complaints against close associates

(1)  For the purposes of section 68 (1A), a complaint against a licensee under section 67 is taken to have been established if the court, on the hearing and determination of a complaint in relation to the licensee under that section, found that the matter of the complaint had been made out.

(2)  On the hearing and determination of the matter of a complaint under section 67 (1B) on the ground specified in section 68 (1A) (b), the onus is on the close associate to satisfy the court that the close associate took all reasonable steps to prevent conduct of the kind concerned occurring on the licensed premises.

69   Disciplinary powers of court

(1)  Upon the appearance of a licensee or manager of licensed premises in response to a summons under section 67 or in his or her absence after being duly summoned, the court shall proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground upon which the complaint was made has been made out may, unless subsection (1B) applies, do any one or more of the following:

(a)  reprimand the licensee or manager,

(b)  order the licensee or manager to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case,

(c)  impose a condition to which the licence or a minors functions authority held by the licensee is to be subject or revoke or vary a condition to which the licence or a minors functions authority held by the licensee is subject,

(d)  suspend the licence or a minors functions authority held by the licensee for such period, not exceeding 12 months or, if circumstances of aggravation exist in relation to the complaint, not exceeding 24 months, as the court thinks fit,

(e)  cancel the licence or a minors functions authority held by the licensee,

(f)  disqualify the licensee from holding a licence for such period as the court thinks fit,

(f1)  in the case of a manager of licensed premises where a body corporate is the licensee, withdraw the manager’s approval by the court to manage licensed premises,

(f2)  in the case of a manager of licensed premises where a body corporate is the licensee, disqualify the manager from being the holder of an approval to manage licensed premises,

(f3)  disqualify a person from being a manager of licensed premises in a special area for such period as the court thinks fit,

(g)  where the ground made out is the ground referred to in section 68 (1) (d) or (h) give such directions as to the exercise of the licence as it thinks fit,

      or may take no action.

(1AA)  For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) each of the following paragraphs applies:

(a)  the complaint concerns a contravention or alleged contravention of section 125 (Conduct on licensed premises) or 125E (Sale of stolen goods and possession, use or sale of drugs not to be permitted on licensed premises),

(b)  the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the court when circumstances of aggravation exist,

(c)  the court, in finding that the matter of the complaint has been made out, is of the opinion (having regard to any matter such as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention or the seriousness of the outcome of the contravention, or any other relevant consideration) that the matter of the complaint is so serious as to warrant the taking of action that is available to the court when circumstances of aggravation exist.

(1AB)  On the appearance of a person appearing to be authorised by the association concerned in response to a summons under section 67, or after proof of service of the summons on the association by service on the secretary or other proper officer or in any other manner authorised by law, the court may proceed to hear and determine the matter of a complaint made under section 67 (1C) in relation to a non-proprietary association on whose behalf an on-licence to sell liquor at a function is held. If it is satisfied that the ground on which the complaint was made has been made out, the court may do any one or more of the following:

(a)  suspend or cancel the licence,

(b)  order that an on-licence to sell liquor at a function must not, at any time during a period of not more than 3 years from the making of the order, be granted to any person on behalf of the non-proprietary association,

(c)  reprimand the non-proprietary association,

(d)  give directions as to the conduct of functions to which such an on-licence relates,

(e)  take no action, if the court is of the opinion that other action under this subsection is not warranted in the circumstances.

(1AC)  In the case of a complaint referred to in subsection (1AB), a Magistrate or licensing magistrate, or the Principal Registrar, may summon the secretary or another office holder of the non-proprietary association to which the complaint relates to appear before the court to answer the complaint and show cause why an order should not be made under that subsection.

(1AD)  If the court makes an order under subsection (1AB) preventing any person from being granted an on-licence to sell liquor at a function on behalf of a non-proprietary association, an application may be made by or on behalf of the non-proprietary association to the court for the revocation of the order. However, the court must not revoke the order unless it is satisfied that:

(a)  the persons responsible for the management of the non-proprietary association will be able to exercise proper control and supervision over any function of the kind for which the on-licence is required, and

(b)  the circumstances of the case justify the revocation of the order.

(1A)  Where, upon the hearing and determination under subsection (1) or (1AB) of the matter of a complaint, the court finds that the matter of the complaint has been made out, the court may, whether or not it acts under that subsection:

(a)  reprimand:

(i)  a person required by section 67 (5) (b), (c) or (d) to be served with a copy of the complaint, or

(ia)  a person who occupies a position of authority in the body corporate that holds the licence (if the licence is held by a body corporate), or

(ii)  a director of, or shareholder in, a proprietary company required to be so served, or

(iii)  a director of, or shareholder in, a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of a proprietary company referred to in subparagraph (ii),

(b)  order a person, director or shareholder referred to in paragraph (a) to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case, or

(c)  disqualify, for a period commencing on a specified day, a person, director or shareholder referred to in paragraph (a) from being:

(i)  a person interested in a business, or in the profits of a business, carried on pursuant to a licence (within the meaning of section 38 (4)) or a person who occupies a position of authority in a body corporate that holds a licence, or

(ii)  a director of, or shareholder in, a proprietary company so interested or a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of such a proprietary company,

      unless it is proved that the person, director or shareholder had no knowledge of the matter upon which the complaint was made out and used all due diligence to obviate the necessity for the complaint.

(1B)  If the ground of complaint as to which the court is satisfied under subsection (1) is the ground referred to in section 67 (1A), the court may suspend the licence until:

(a)  the work to which the complaint relates has been carried out, or

(b)  the licence is removed to other premises, or

(c)  the licence ceases for any reason other than suspension to have effect.

(1C)  On the appearance of a person in response to a summons under section 67 in respect of a complaint under section 67 (1B), or in the person’s absence after being duly summoned, the court is to proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground on which the complaint was made has been made out, may do any one or more of the following:

(a)  reprimand the person,

(b)  disqualify the person from being a close associate of a licensee for such period as the court thinks fit,

(c)  disqualify the person from holding a licence for such period as the court thinks fit,

(d)  order the person to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case,

      or may take no action.

(1D)  While a person is disqualified by the court from being a close associate of a licensee, the person is conclusively presumed for the purposes of this Act and the Registered Clubs Act 1976 to be a person who is not a fit and proper person to be a close associate of a licensee under either Act or of a registered club.

(1E)  The taking of action under subsection (1C) in respect of a complaint does not prevent or limit the taking of any other action under this section in respect of any other complaint in relation to a licensee or manager (whether or not that other complaint is heard together with the complaint).

(2)  Where, under subsection (1), a licensee is disqualified from holding a licence, the court may, on application by the spouse of the licensee, a member of the family of the licensee of or above the age of 18 years, the owner of the licensed premises or a person directly or indirectly interested in the business or the profits of the business carried on pursuant to the licence, transfer the licence to that spouse or member of the family or to some other person approved by the court.

(2A)  When hearing and determining the matter of a complaint under subsection (1) or (1C), the court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the court.

(3)  Where an order for the payment of money is made under subsection (1) (b), (1A) (b) or (1C) (d) and the prescribed documents are filed in the office of the Local Court having jurisdiction under the Civil Procedure Act 2005 at or nearest the prescribed place at which the complaint that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of the money in accordance with the order.

Division 8A Appointment of managers by body corporate licensees

69A   Application of Division

(1)  (Repealed)

(2)  This Division applies only in respect of licensed premises that have a body corporate as licensee.

69B   Appointment of managers

A body corporate that is a licensee must appoint a manager approved by the court under this Division for the licensed premises and must not cause or permit the conduct of business under the licence for a period in excess of 14 days except under the management of a person so approved.

Maximum penalty: 50 penalty units.

69C   Restrictions on who may be appointed as manager

(1)  The following restrictions apply to the appointment of a manager of licensed premises:

(a)  A person may not be appointed as the manager of licensed premises unless the person is approved by the court to manage licensed premises and the approval applies to the premises or class of premises concerned.

(b)  Only a natural person may be appointed to manage licensed premises.

(c)  A person cannot be appointed as manager of licensed premises if at the time of the appointment he or she already holds an appointment as manager of other licensed premises.

(2)  An appointment in contravention of this section is void for the purposes of this Part.

69D   Court approval of manager

(1)  An application for the court’s approval of a person to manage licensed premises is to be made in the form approved by the Board.

(2)  The court is not to give its approval unless it is satisfied that the person concerned:

(a)  is a fit and proper person to manage licensed premises, and

(b)  understands his or her responsibilities in relation to, and is capable of implementing, practices in place at licensed premises for ensuring the responsible sale, supply and service of liquor and the prevention of intoxication.

(3)  If the court is satisfied on the information before it that there is nothing that might preclude it from giving its approval, but requires more information before making a final decision, the court may give a provisional approval of the person to be such a manager.

(4)  A provisional approval is sufficient to entitle the appointment of the person, in accordance with section 69E, as manager of the licensed premises concerned for a period specified by the court. Any such appointment lapses, however, unless the court confirms its approval within that period (or within such extension of that period as the court may allow).

(5)  An approval or provisional approval may be given so as to apply in relation to particular licensed premises, to all licensed premises of a specified class or to all licensed premises, as the court thinks fit.

69E   How appointments are made and revoked

(1)  A licensee must give the Board notice of the appointment of a person as manager of licensed premises.

Maximum penalty: 20 penalty units.

(2)  The appointment of a manager is not in force until the licensee has given the Board notice of the appointment as required by this section, accompanied by the declaration referred to in subsection (5) (b).

(3)  The appointment of a manager is revoked by the licensee giving notice under this section of the appointment of a new manager or by the licensee or manager giving the Board notice of the manager’s ceasing to act as manager.

(4)  A notice of appointment of or of ceasing to act as manager may specify a day that is later than the day the notice is given as the day the notice is to take effect, and the notice takes effect accordingly.

(5)  A notice under this section:

(a)  must be completed in writing in the form approved by the Board, and

(b)  must be accompanied by a declaration in writing, in a form approved by the Board, of the person to be appointed as manager of the premises concerned:

(i)  signifying his or her acceptance of the appointment, and

(ii)  certifying such matters as the form of notice may require (including matters relating to the person’s responsibilities in relation to, and capacity to implement, practices in place at the premises for ensuring the responsible sale, supply and service of liquor, and the prevention of intoxication, on the premises).

(6)  In any proceedings in which the question of whether notice was given to the Board under this section is at issue, the party alleged to have given the notice bears the onus of establishing on the balance of probabilities that the notice was given.

Division 8B Appointment of managers for licensed premises in special areas

69EA   Application of Division

This Division applies only in respect of licensed premises that are situated in an area prescribed by the regulations as a special area for the purposes of this Division and that do not have a body corporate as licensee.

69EB   Restrictions on who may be appointed as manager of licensed premises in special area

The following restrictions apply to the appointment of a manager of licensed premises:

(a)  A person may not be appointed as the manager of licensed premises unless the licensee has notified the court, in accordance with this Division, of the intended appointment.

(b)  Only a natural person may be appointed to manage the licensed premises.

(c)  A person cannot be appointed as manager of licensed premises if at the time of the appointment the person already holds an appointment as manager of other licensed premises.

69EC   Notification of appointment of managers

(1)  A notification of the appointment of a manager of licensed premises must give the name, address and date of birth of the person appointed and must be signed by the appointee as evidence of consent to his or her appointment as manager.

(2)  The appointment of a manager is revoked by the licensee notifying the court under this section of the appointment of a new manager or by the licensee or manager notifying the court of the manager’s ceasing to act as manager.

(3)  A notification of appointment of or of ceasing to act as manager may specify a day that is later than the day given in the notification as the day the notification is to take effect, and the notification takes effect accordingly.

(4)  A notification under this Division must be in writing in the form approved by the court.

(5)  In any proceedings in which the question of whether notification was given to the court under this Division is at issue, the party alleged to have given the notification bears the onus of establishing on the balance of probabilities that the notification was given.

Division 8C General provisions relating to managers of licensed premises

69F   Responsibilities and liabilities of managers of licensed premises

(1)  The person appointed as manager of licensed premises for which the licensee is a body corporate is responsible at all times for the personal supervision and management of the conduct of the business of the licensed premises under the licence.

(1A)  A person appointed as manager of licensed premises for which the licensee is not a body corporate is responsible for the personal supervision and management of the conduct of the business of the licensed premises under the licence whenever the licensee is not personally present on those premises.

(2)  If an element of an offence under a provision of this Act or the regulations is an act or omission by a licensee, a person who is manager of the licensed premises is, while responsible under subsection (1) or (1A), responsible in respect of the offence as though that person were also a licensee of those premises and is liable for the offence accordingly.

(3)  This section does not affect any liability of a licensee for a contravention by the licensee of a provision of this Act.

69G   Liability of licensee for contravention by manager

The licensee of licensed premises is taken to have contravened any provision of this Act or the regulations that the manager of the licensed premises contravened as a result of section 69F unless the licensee establishes that the licensee:

(a)  did not authorise or knowingly permit the contravention by the manager, and

(b)  maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention occurring.

69H   Liability of directors etc of body corporate licensee

(1)  If a licensee that is a body corporate contravenes (whether by act or omission) any provision of this Act or the regulations, each person who occupies a position of authority in the body is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.

(2)  If a licensee that is a body corporate is taken to have contravened (whether by act or omission) any provision of this Act or the regulations by reason of a contravention by the manager of the licensed premises, each person who occupies a position of authority in the body is taken to have contravened the same provision unless he or she establishes that he or she:

(a)  was not knowingly a party to any authorisation by the body corporate of the contravention by the manager, and

(b)  took all reasonable steps (within the scope of his or her authority) to ensure that the body corporate maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention by the manager occurring.

(3)  A person may be proceeded against and convicted under a provision pursuant to this section whether or not the body corporate or manager of the licensed premises has been proceeded against or convicted.

(4)  This section does not affect any liability imposed on a body corporate or the manager of licensed premises for an offence committed by the body corporate or manager against this Act or the regulations.

(5)  Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a body corporate (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the body corporate had that intention at that time.

Division 9 General

70   Record of licences

Records relating to licences shall be kept as prescribed.

71   Duplicate licence

The registrar may, on payment of the prescribed fee, issue a duplicate of a licence.

71A   Endorsements on licences

A requirement of this Act that a condition or other matter be endorsed on a licence is sufficiently complied with if the condition or other matter is endorsed on a schedule to the licence.

Part 4 Liquor Administration Board

72   Constitution of Board

(1)  There is hereby constituted the Liquor Administration Board comprising:

(a)  ex-officio members, being the licensing magistrates for the time being holding office under section 8, and

(b)  if the Minister so determines, such number of appointed members, not exceeding 3, as the Minister thinks fit and appoints to the Board.

(1A)  To avoid doubt, it is declared that a licensing magistrate whose appointment as a Magistrate under the Local Courts Act 1982 is an appointment for a particular term of office (as referred to in section 13 of that Act) is not an ex-officio member of the Board.

(2)  The holders for the time being of the offices of Chairperson and Deputy Chairperson of the Licensing Court hold office respectively as the Chairperson and Deputy Chairperson of the Board.

(3)  An appointed member of the Board holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment but is eligible for reappointment from time to time.

(4)  A person is not eligible to be an appointed member of the Board if the person has attained the age of 65 years.

(5)  A member of the Board is entitled to such travelling and subsistence allowances as the Minister may from time to time determine and an appointed member of the Board who is not an officer or employee under the Public Service Act 1979 is entitled to such other remuneration as the Minister may from time to time determine.

(6)  Where the Minister is satisfied that an appointed member of the Board is incapable or incompetent or has misconducted himself or herself, the Minister may remove the member from office.

(7)  An appointed member of the Board vacates his or her office if:

(a)  the member dies,

(b)  the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,

(c)  the member resigns his or her office by writing under his or her hand addressed to the Minister, or

(d)  the member is removed from office by the Minister under subsection (6).

73   Procedure at meeting of Board

(1)  The Chairperson of the Board or, in his or her absence, the Deputy Chairperson of the Board, shall preside at a meeting of the Board.

(2)  Where both the Chairperson of the Board and the Deputy Chairperson of the Board are absent from a meeting of the Board, a member of the Board elected for the purpose from among their number by the members present shall preside at the meeting.

(3)  For the purposes of a meeting of the Board, 2 or more members constitute a quorum and a decision supported by a majority of votes of the members present and voting at a meeting of the Board at which a quorum is present is a decision of the Board.

(4)  The member of the Board presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, a second or casting vote.

(5)  The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to the regulations, be as determined by the Board.

(6)  At a meeting of the Board:

(a)  the Board is not bound by the rules of evidence and may inform itself in any manner it thinks fit, and

(b)  appearances may be made in person or by solicitor or by counsel.

74   Functions of Board

(1)  In addition to the functions otherwise conferred on it by this or any other Act, the Board:

(a)  shall keep under constant review the operation of this Act and make such recommendations to the Minister in relation thereto as it thinks fit,

(b)  shall, upon being directed by the Minister so to do, inquire into, and make a report and recommendations to the Minister upon, any matter connected with the administration of this Act,

(c)  shall keep under constant review the standard of licensed premises,

(d)  may receive submissions or reports from any person with respect to the operation of this Act, and

(e)  may impose conditions with respect to any matter within its jurisdiction and revoke or vary any such condition.

(2)  The Governor may, under and subject to the Public Service Act 1979, appoint a secretary of the Board and such other officers as are necessary to enable the Board to carry out its functions.

74A   Certificate of suitability for on-licence

(1)  In response to a submission under section 74 (1) (d), the Board may, if it thinks fit, certify in respect of specified premises that, having regard to subsection (2), the Board is of the opinion that the premises are suitable, and are suitably situated, for the sale, supply and consumption of liquor thereon pursuant to an on-licence that is subject to specified conditions in addition to any other conditions to which the licence may be subject.

(2)  The Board shall, before determining whether or not to certify as provided by subsection (1) in relation to any premises:

(a1)  satisfy itself that no other class of on-licence and no other licence under this Act (other than a Governor’s licence) is suitable for the purpose of conducting the business proposed to be carried on pursuant to a licence relating to the premises, and

(a)  satisfy itself that the business proposed to be carried on pursuant to a licence relating to the premises would not be carried on in contravention of section 23 (3A), and

(b)  consider whether the carrying on of that business would adversely affect:

(i)  any other business in the neighbourhood of the premises that is being carried on pursuant to a licence, or

(ii)  the amenity of the neighbourhood of the premises, and

(c)  consider whether there is any reason, other than a reason arising pursuant to paragraph (a) or (b), why the Board should not certify as so provided.

(3)  A certificate issued under subsection (1):

(a)  lapses if an application for an on-licence relating to the premises specified in the certificate is not made within the period of 3 months that next succeeds the issue of the certificate, and

(b)  may be returned to the Board by the court for further consideration and, if the Board thinks fit, for revocation and the issue of another certificate.

75   Delegation of powers etc of Board

(1)  The Chairperson of the Board may, by writing under his or her hand, delegate to a member or officer of the Board, an officer or temporary employee (within the meaning of the Public Sector Management Act 1988) of a Government Department or a Magistrate any function conferred on the Board by or under this or any other Act.

(2)  The Chairperson of the Board may, by writing under his or her hand, revoke wholly or in part a delegation under subsection (1).

(3)  A delegation under subsection (1) may be made to a specified person or to the person for the time being holding a specified office and may be made generally or in a particular case.

(4)  Anything done pursuant to a delegation under subsection (1) has the same force and effect as it would have had if done by the Board.

(5)  A delegation of a function under subsection (1) does not prevent the exercise of the function by the Board.

(6)  Where a person purports to perform a function conferred on the Board by or under this or any other Act, it shall be presumed, unless the contrary is proved, that the person is duly authorised as a delegate of the Board to exercise the function.

(7)  A document purporting to have been signed by a person as a delegate of the Board shall be presumed, unless the contrary is proved, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a function duly delegated to the person by the Board.

(8)  A delegation under this section may be made subject to such conditions or limitations as to the exercise of the function delegated, or as to time or circumstance, as may be specified in the instrument of delegation.

76   Disposal of money by Board

(1)  All money payable to the Board shall be collected and received by the Board on account of, and shall be paid into, the Consolidated Fund.

(2)  (Repealed)

76A   Date of payment by direct deposit

A payment made to the Board or the Chief Commissioner for the purposes of this Act or the Gaming Machine Tax Act 2001 by means of payment to a bank, building society or credit union for direct deposit to the credit of the Board or the Chief Commissioner is taken to have been paid to the Board or the Chief Commissioner, as the case may be, on the date of payment to that bank, building society or credit union.

77   Annual report of Board

(1)  As soon as practicable, but not later than 6 months, after the end of a prescribed period, the Board shall prepare and forward to the Minister a report upon:

(a)  the operation of this Act and the Gaming Machines Act 2001, and

(b)  the exercise by the Board of its functions,

      during that prescribed period.

(2)  The Minister shall lay the report, or cause it to be laid, before both Houses of Parliament as soon as practicable after the receipt by the Minister of the report.

Part 5

78–86V (Repealed)

Part 6 Licensed premises

87   (Repealed)

88   Reception areas

(1)  The court may, when granting an on-licence relating to a restaurant or on the application of the holder of an on-licence relating to a restaurant, and subject to such conditions as it may impose, authorise the use of a specified part of the licensed premises as a reception area.

(2)  The court may, on the application of the licensee or the Director or the Commissioner of Police:

(a)  revoke an authorisation under subsection (1),

(b)  impose any condition, or any further condition, to which such an authorisation is to be subject, or

(c)  revoke or vary any condition imposed under subsection (1) or paragraph (b).

(3)  An authorisation under subsection (1) is in force only while all conditions to which it is subject are being complied with.

(4)  The Board may, on the application of the licensee or the Director or the Commissioner of Police:

(a)  vary an authorisation under subsection (1) so that it relates to the use of a part of the licensed premises different from that to which it related before the variation, or

(b)  authorise, by variation of a condition or otherwise, a variation of the design or fittings of a reception area.

89   (Repealed)

90   Boundaries of licensed premises

(1)  The Board may define or redefine the boundaries of licensed premises or proposed licensed premises of its own motion or on the application of:

(a)  the owner of the premises,

(b)  the licensee, or

(c)  the applicant for a licence,

      subject to each part of the licensed premises, as so defined or redefined, being contiguous with all other parts thereof.

(2)  The Board may redefine the boundaries of licensed premises in respect of which there is an on-licence relating to a restaurant or a nightclub licence in order to include premises contiguous with the restaurant or nightclub that comprise a motel containing not less than the prescribed number of rooms of a good standard each of which has separate sanitary and bathing facilities.

(3)  A redefinition of boundaries under subsection (2) does not take effect until the appropriate fee has been paid. The appropriate fee is such fee, not exceeding $4000, as is fixed by the Board for the redefinition.

(4)  The Board must not define or redefine the boundaries of licensed premises or proposed licensed premises in relation to a hotelier’s licence unless it is of the opinion that the primary purpose test (within the meaning of the Gaming Machines Act 2001) in respect of the hotel is complied with.

91   Name of licensed premises

(1)  A licensee (other than the licensee under an on-licence to sell liquor at a function) shall, not later than the expiration of the prescribed period after the commencement of this Act, cause to appear and be maintained on the front of the licensed premises, as prescribed, a sign that specifies:

(a)  a name for the licensed premises (not being a name that is a prohibited name for the licensed premises under this section), and

(b)  the name of the licensee, and

(c)  any other prescribed particulars.

Maximum penalty: 3 penalty units.

(2)  A licensee shall not alter the name referred to in subsection (1) (a) unless:

(a)  the Board has approved in writing of the proposed new name, and

(b)  the registrar has endorsed the change of name on the licence.

Maximum penalty: 3 penalty units.

(2A)  The Board must not approve an alteration of the name of licensed premises if the name as proposed to be altered is a prohibited name for the licensed premises under this section.

(2B)  A licensee must not cause or permit the use on any sign displayed on the exterior of the licensed premises or in any advertising with respect to the licensed premises of a name that is a prohibited name for the licensed premises under this section.

Maximum penalty: 5 penalty units.

(2C)  A name is a prohibited name for licensed premises under this section if:

(a)  it is a name or a name of a kind, or contains words or words of a kind, prescribed by the regulations as prohibited, either in relation to all licensed premises or in relation to the particular class of licensed premises of which the licensed premises forms part, or

(b)  it is a name that the Board has notified the licensee in writing is prohibited as being objectionable, inappropriate or misleading.

(2D)  A regulation for the purposes of subsection (2C) may be made so as to apply to licensed premises generally or so as to apply only to a specified class or specified classes of licensed premises.

(2E)  A name may not be prohibited in respect of licensed premises by notification under this section if the regulations provide that the name is permitted for use in relation to the licensed premises concerned or in relation to the particular class of licensed premises concerned.

(3)  It is a defence to a prosecution for an offence under this section if it is proved that:

(a)  the licensee had taken all reasonable precautions to avoid commission of the alleged offence, and

(b)  at the time of the alleged offence, the licensee did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.

91A, 92   (Repealed)

93   Temporary premises

(1)  Where premises in respect of which a hotelier’s licence or an off-licence to sell liquor by retail is held are, from any cause, rendered unfit for the carrying on of business thereon, the licensee may, if the licensee is authorised by the Board so to do, temporarily carry on business pursuant to the licence either on some part of the licensed premises approved by the Board or on some neighbouring premises so approved.

(2)  A licensee may not carry on business pursuant to an authority granted under subsection (1) for a period of more than 12 months and any additional periods that the Board from time to time thinks fit to allow upon application made before the expiration of the period sought to be extended.

94–96   (Repealed)

97   Breath analysis equipment

(1)  Evidence of the results of a test indicating the presence or concentration of alcohol in the breath or blood of a person by means of a breath analysing instrument installed on licensed premises is not admissible:

(a)  in any civil proceedings against the licensee of the licensed premises (subject to subsection (2)), or

(b)  in any criminal proceedings.

(2)  This section does not prevent the admission into evidence in civil proceedings of the results of a test if it is established that at the time of the test:

(a)  the breath analysing instrument concerned did not comply with the relevant Australian Standard (as in force at the date of the manufacture of the instrument), or

(b)  the licensee was aware or should have been aware that the instrument was not operating correctly, or

(c)  subsection (4) was being contravened in respect of the breath analysing instrument concerned.

(3)  A breath analysing instrument is an instrument that is designed to ascertain by analysis of a person’s breath the concentration of alcohol present in the person’s breath or blood, being an instrument of a type specified in Australian Standard 3547 (Breath Alcohol Testing Devices for Personal Use), published by Standards Australia. That standard, as in force from time to time, is the relevant Australian Standard for the purposes of this section.

(4)  At all times that a breath analysing instrument installed on licensed premises is available for use by customers on those premises there must be prominently displayed on or in close proximity to the instrument a sign that complies with the following requirements:

(a)  the sign must be clearly legible and in good condition and so positioned that its contents can be easily read by a person using the instrument,

(b)  the sign must display the following matter in print of a type size and character that will be clearly legible to a person using the equipment:

IMPORTANT INFORMATION ABOUT BREATH TESTING

Readings given by this instrument are NOT ACCEPTED by the Police or the Courts.

Your blood alcohol level can rise for 1 hour or more after your last drink.

(5)  If subsection (4) is contravened, the licensee of the licensed premises concerned is guilty of an offence.

Maximum penalty: 20 penalty units.

98   Authority to be on licensed premises

A person required or authorised to carry out work on licensed premises in accordance with an order or direction of a public authority and persons authorised by the person may, for the purpose of doing such things as are connected with preparing or tendering for, or carrying out and completing, the work to which the order or authority relates, enter and remain upon the licensed premises at such times as are reasonably necessary for that purpose.

99   Apportionment of cost of compulsory alterations

(1)  Where work on licensed premises is carried out pursuant to an order or direction of a public authority entitled to require the work to be done, the Board may, if it thinks fit so to do, determine the extent to which the cost of the work is to be borne by:

(a)  the owner of the premises,

(b)  sublessors and sublessees of the premises, or

(c)  the occupier of the premises,

      or any 2 or more of them.

(2)  In exercising its powers under subsection (1), the Board may:

(a)  order a person referred to in subsection (1) (a), (b) or (c) to pay to any other such person an amount certified by the Board as payable by the person under this section and, where such an order is made, the amount ordered to be paid is a debt due by the person ordered to make the payment to the person to whom payment is ordered to be made, or

(b)  order the amount of any rent payable in respect of the licensed premises to be increased or reduced to an amount specified in the order and, where such an order is made, the lease pursuant to which the rent is payable shall be deemed to have been amended to provide for the payment of rent in accordance with the order of the Board,

      or it may make an order under both paragraph (a) and paragraph (b).

(3)  In deciding whether, and in what manner, it should exercise its powers under this section the Board shall have due regard to any agreement or covenant entered into by a person referred to in subsection (1) (a), (b) or (c) in relation to the licensed premises.

(4)  Where an order is made under subsection (2) (a) and a copy of the order is filed, together with such other documents as may be prescribed, in the office of a Local Court having jurisdiction under the Civil Procedure Act 2005 at or nearest the prescribed place at which the application that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of that amount in accordance with the order of the Board.

100   Common inns

(1)  Premises to which a hotelier’s licence relates are a common inn.

(2)  Subsection (1) does not operate to preclude premises that are not premises to which a hotelier’s licence relates from being a common inn.

(3)  This Act does not prejudice or affect the operation of the Innkeepers Act 1968.

101   Control of licensed premises

(1)  A licensee shall not:

(a)  in relation to licensed premises within a special area, permit any person (other than a person appointed as manager of the premises) to have the supervision and management of the conduct of the business under the licence for a longer continuous period than 6 weeks, except with the previous written consent of the Board, or

(a1)  in relation to licensed premises situated elsewhere, permit any person to have the supervision and management of the conduct of the business under the licence for a longer continuous period than 6 weeks, except with the previous written consent of the Board, or

(b)  where the licence is a hotelier’s licence and any requirement or condition for the provision of the accommodation referred to in section 49 (1) (a) or (d) has not been dispensed with—cease to use the licensed premises as his or her usual place of residence without the previous written consent of the board,

(c)  let or sublet the right to sell liquor on his or her licensed premises,

(d)  let or sublet any part of his or her licensed premises on which liquor is ordinarily sold or supplied or on which approved gaming machines are ordinarily kept, used or operated, or

(e)  without the previous written consent of the Board:

(i)  let or sublet any other part of the licensed premises, or

(ii)  let or sublet the right to supply gaming or liquor-related services in the licensed premises, or

(iii)  enter into any contract or arrangement, relating to any gaming or liquor-related services, in respect of the licensed premises.

Maximum penalty: 50 penalty units.

(2)  A person who is, in accordance with subsection (1) (a) or (a1), responsible for the supervision and management of licensed premises is, while so authorised, taken to be the licensee.

(3)  It is a condition of a licence for premises that are not situated in a special area, that the licensee has responsibility for the supervision and management of the conduct of the business under the licence on the licensed premises except in circumstances where the licensee is not contravening subsection (1) (a1).

(4)  It is a condition of a licence for premises that are situated in a special area and that do not have a body corporate as licensee, that the licensee has responsibility for the personal supervision and management of the conduct of the business under the licence on the licensed premises except:

(a)  during any period for which a manager has that responsibility, or

(b)  in circumstances where the licensee is not contravening subsection (1) (a).

(4A)  If a person (other than a licensee or a financial institution) becomes interested in the business, or the conduct of the business, of the licensed premises, it is a condition of the licence that the licensee must, within 28 days after the other person’s becoming so interested, produce to the registrar an affidavit stating:

(a)  that the licensee has made all reasonable inquiries to ascertain the information required to complete the affidavit, and

(b)  the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders.

(4B)  For the purposes of subsection (4A), a person is interested in the business, or the conduct of the business, of the licensed premises concerned if the person is entitled to receive:

(a)  any income derived from the business, or 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

(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.

(5)  Subsection (4A) does not apply to or in respect of an on-licence relating to a vessel or aircraft or to or in respect of an on-licence to sell liquor at a function.

(6)  In the application of this section to a caterer’s licence, a reference to the business of the licensed premises is a reference to the business of providing catering services on licensed premises under the licence.

(7)  Subsections (1) (a), (a1) and (b) and (2) do not apply to or in respect of a licence held by a body corporate.

(8)  A person (other than a licensee) must not:

(a)  let or sublet any part of his or her premises that are licensed premises on which liquor is ordinarily sold or supplied, or on which an approved gaming machine is ordinarily kept, used or operated, to any person other than the licensee for those premises, or

(b)  without the previous written consent of the Board, let or sublet any other part of his or her premises that are licensed premises, to any person other than the licensee for those premises, or

(c)  without the previous written consent of the Board, let or sublet the right to supply any gaming or liquor-related services (as defined in subsection (9)) in his or her premises that are licensed premises, to any person other than the licensee for those premises, or

(d)  without the previous written consent of the Board, enter into any contract or arrangement, relating to any gaming or liquor-related services, in respect of his or her premises that are licensed premises.

Maximum penalty (subsection (8)): 50 penalty units.

(9)  In this section, gaming or liquor-related services means such services with respect to the sale or supply of liquor or the keeping, use, operation or promotion of the use of approved gaming machines as may be prescribed by the regulations.

101A   (Repealed)

102   Directions concerning premises to which dine-or-drink authority relates

(1)  This section applies to licensed premises that are the subject of a licence endorsed with a dine-or-drink authority.

(2)  The Director or the Commissioner of Police may give such directions, orally or in writing, to the licensee or manager of the licensed premises as the Director or Commissioner considers appropriate in the public interest, or (without limitation) for the purpose of minimising harm associated with misuse and abuse of liquor, if the Director or the Commissioner has cause to believe on reasonable grounds that the giving of such a direction is warranted, having regard to:

(a)  the manner in which the licensed premises are conducted, or

(b)  the behaviour of patrons of the licensed premises.

(3)  The Director or the Commissioner of Police (as the case requires) may revoke or vary a direction given under this section.

103   Exclusion of persons from licensed premises

(1)  A licensee or his or her employee may refuse to admit to the licensed premises and may turn out, or cause to be turned out, of the licensed premises any person:

(a)  who is then intoxicated, violent, quarrelsome or disorderly,

(b)  who, for the purposes of prostitution, engages or uses any part of the licensed premises,

(c)  whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or

(d)  who hawks, peddles or sells any goods on the premises, or

(d1)  who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or

(e)  who uses, or has in his or her possession, while on the premises any substance that the licensee or employee suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or

(f)  whom the licensee, under the conditions of the licence or according to a term (of the kind referred to in section 104E (1)) of a local liquor accord, is authorised or required to refuse access to the licensed premises.

(2)  Where, pursuant to subsection (1), a person has been refused admission to, or has been turned out of, licensed premises, the licensee or his or her employee may, at any subsequent time or from time to time, refuse to admit that person into the licensed premises or may turn the person out, or cause the person to be turned out, of the licensed premises.

(3)  Where a person to whom a licensee is, under subsection (1) or (2), entitled to refuse admission to the licensed premises is on the premises the person shall, upon being required so to do by the licensee, his or her employee or a member of the police force, quit the premises.

Maximum penalty: 50 penalty units.

(3A)  For the purposes of subsection (1) or (2), such reasonable degree of force as may be necessary may be used to turn a person out of licensed premises.

(4)  Where a member of the police force is requested by a licensee or an employee of the licensee to turn out, or to assist in turning out, of the licensed premises a person whom the licensee is entitled under subsection (1) or (2) to turn out of the premises, it is the duty of the member of the police force to comply with the request and he or she may, for that purpose, use such reasonable degree of force as may be necessary.

104   Quiet and good order of neighbourhood

(1)  If a written complaint is made to the Board of undue disturbance of the quiet and good order of the neighbourhood of licensed premises caused by:

(a)  the manner in which the business of the licensed premises is conducted, or

(b)  the behaviour of persons after they have left the licensed premises, or

(c)  the manner in which the business of the licensed premises is conducted and the behaviour of persons after they have left the licensed premises,

      the Board may convene a conference to hear submissions relating to the complaint.

(1A)  A complaint under this section must be made or verified by statutory declaration.

(1AA)  A complaint under this section can be made only by:

(a)  a person authorised in writing by 3 or more persons residing in the neighbourhood of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents, or

(b)  the Commissioner of Police, or

(c)  a person authorised by the local consent authority in relation to the licensed premises, or

(d)  a person who satisfies the Board that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person’s complaint relates, or

(e)  the Director.

(1AB)  A complaint may relate to more than one licensed premises.

(1AC)  A conference may relate to more than one complaint.

(1AD)  A conference convened in relation to licensed premises the subject of a complaint may be extended to include any other licensed premises, and any registered club, if the Board is satisfied:

(a)  that the evidence given in support of the complaint would support a complaint against the other licensed premises or registered club, or

(b)  that, assuming that the complaint is shown to be justified, action taken in relation to the licensed premises the subject of the complaint will be ineffective unless similar action is taken in relation to the other licensed premises or registered club.

(1AE)  Any licensed premises or registered club to which a conference is extended as referred to in subsection (1AD) is, for the purposes of this section, taken to be the subject of a complaint, and this section applies to the complaint:

(a)  as if the complaint had been made under subsection (1), and

(b)  as if a reference in this section to licensed premises included a reference to a registered club, and

(c)  as if a reference in this section to a licence included a reference to a certificate of registration, and

(d)  as if the powers exercisable by a member of the Board under subsection (3) included, in relation only to a registered club, the power referred to in section 17AA (3) (a1) of the Registered Clubs Act 1976.

(1AF)  Action taken under this section in relation to a registered club has effect under the Registered Clubs Act 1976 in the same way as if it had been taken under section 17AA of that Act in relation to a complaint dealt with under that section.

(2)  Notice of the time and place for the conference shall be given to all complainants and the licensee or licensees as directed by the Board.

(3)  The conference shall be presided over by a member of the Board who may, in relation to a licence, after giving each complainant present and the licensee (if present) a reasonable opportunity to be heard in relation to the complaint:

(a)  impose, vary or revoke conditions of the licence, or

(b)  adjourn the conference subject to implementation and continuation of undertakings given by the licensee, or

(c)  issue a warning to the licensee, or

(d)  take no action.

(4)  The conditions that may be imposed on a licence include, but are not limited to, conditions relating to:

(a)  noise abatement, or

(b)  prohibition of the sale or supply of liquor before 10 am and after 11 pm, or

(c)  noise abatement and such a prohibition, or

(d)  prohibition of or restriction on activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), or

(e)  limitation of trading hours and public access as referred to in section 20 (2B).

(5)  Procedure at the conference (including any decision to adjourn the conference) shall be determined by the presiding member of the Board.

(6)  The functions exercised by the member of the Board presiding at the conference shall be taken to be functions of the Board delegated to the presiding member under section 75.

(7)  For the purposes of Part 9 (Appeals) a decision of the member of the Board presiding at the conference shall be taken to be an adjudication made by a licensing magistrate sitting alone.

(8)  In the application of this section to a caterer’s licence:

(a)  a reference to licensed premises does not include private domestic premises, and

(b)  a reference to the business of the licensed premises is a reference to the business of providing catering services on licensed premises (other than private domestic premises) under the licence.

(9)  If a condition restricting the trading hours of a licensee is imposed under this section, an application may be made to the Board to vary or revoke the condition. The application may not be made by or on behalf of the licensee during the period of 6 months that next succeeds the imposition of the condition, except with the leave of the Board granted on the ground that there has been a material change in the facts or circumstances on which the imposition of the condition was based. The application may be dealt with by the Board in such manner as the Board determines.

104A   Order by authorised officer for short-term closure of premises

(1)  An authorised officer may, by notice served on a licensee or a person apparently in charge of licensed premises, order the licensee to close the licensed premises from a time specified in the order until a later specified time.

(2)  An authorised officer may only make an order under this section:

(a)  on the application of the Director or the Commissioner of Police, and

(b)  if the authorised officer is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.

(3)  Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:

(a)  a threat to public health or safety, or

(b)  a risk of substantial damage to property, or

(c)  a significant threat to the environment, or

(d)  a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.

(4)  An order must not require the closure of premises for a period longer than 72 hours.

(5)  An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than 72 hours.

(6)  A licensee must not fail to comply with an order made under this section.

Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.

(7)  Two or more orders closing the same premises may not be made under this section in any period of one week.

104B   Urgent application for order under section 104A

(1)  An application under section 104A may be made by telephone.

(2)  An authorised officer must not issue an order under section 104A on an application made by telephone unless satisfied that the order is required urgently and that it is not practicable for the application to be made in person.

(3)  An application under this section must be made by facsimile if the facilities to do so are readily available for that purpose.

(4)  An authorised officer who issues an order under section 104A on an application made by telephone must:

(a)  complete and sign the order, and

(b)  furnish the order to the applicant or inform the applicant of the terms of the order and of the date and time when it was signed.

(5)  If an order under section 104A is issued on an application made by telephone and the applicant is not furnished with the order, the applicant must:

(a)  complete a form of order in the terms indicated by the authorised officer under subsection (4), and

(b)  write on the form the name of the authorised officer and the date and time when the order was signed.

(6)  A form of order so completed is taken to be an order issued under section 104A.

(7)  An order under section 104A issued on an application made by telephone is to be furnished by an authorised officer by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.

(8)  In this section:

(a)  telephone includes radio, facsimile or other communication device, and

(b)  a reference to facsimile includes a reference to any electronic communication device which transmits information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.

104C   Order by court for closure of premises

(1)  The court may, on the application of the Director or the Commissioner of Police, order a licensee to close the licensed premises from a time specified in the order until a later specified time.

(2)  The court may only make an order under this section if:

(a)  the licensee or manager of the premises is the subject of an investigation under section 66A or of a police investigation or a complaint has been made in relation to the licensee or manager or a close associate of the licensee, and

(b)  the licensee has been given notice of the application for closure and has been given an opportunity to appear before the court and be heard in relation to the application, and

(c)  the court is of the opinion that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.

(3)  Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:

(a)  a threat to public health or safety, or

(b)  a risk of substantial damage to property, or

(c)  a significant threat to the environment, or

(d)  a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.

(4)  An order ceases to have effect at the time specified or when a complaint concerning the licensee or manager of the premises is determined under this Act, whichever is the earlier.

(5)  An order may not require the closure of premises for a period longer than the period prescribed by the regulations.

(6)  An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than that permitted under subsection (5).

(7)  A licensee must not fail to comply with an order made under this section.

Maximum penalty (subsection (7)): 50 penalty units or imprisonment for 6 months, or both.

104D   Further closure orders

(1)  The court may grant 2 or more orders in respect of premises under section 104C.

(2)  An application for another order may be made, and determined, before the end of a current order.

104E   Local liquor accords

(1)  Without limiting the terms that may be included in a local liquor accord, such an accord may make provision for or with respect to authorising or requiring any licensees who are parties to the accord:

(a)  to cease to serve liquor at their licensed premises, or

(b)  to restrict the public’s access to their licensed premises in a manner and to the extent provided by the accord,

      or both, from a time of day that is earlier than the time at which, as required by the relevant licence, trading must cease.

(2)  Entry by any person into a local liquor accord, and any conduct on the part of any person for the purpose of promoting or giving effect to the terms of a local liquor accord, are specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales.

(3)  Conduct authorised by subsection (2) is authorised only to the extent (if any) to which the conduct, so far as it consists of things done to regulate the supply of liquor or in some other respect, would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth or the Competition Code of New South Wales.

105   Breach of the peace

Where, upon application by any person, a licensee is directed by a Magistrate or licensing magistrate to close his or her licensed premises because, in the opinion of the magistrate, there is, or is likely to be, a breach of the peace in the neighbourhood of the licensed premises, the licensee shall close the premises from a time specified by the magistrate when giving the direction until a later time, whether on the same or a different day, so specified.

Maximum penalty: 10 penalty units or imprisonment for 6 months or both.

Part 6A Key officials

105A   Restrictions relating to key officials

(1)  A key official must not:

(a)  hold any type of licence under this Act, or

(b)  solicit employment, in any capacity, from a licensee or a person known by the key official to be a close associate of a licensee, or

(c)  be an employee, in any capacity, of a licensee or a person known by the key official to be a close associate of a licensee.

(2)  A person holding the office of Director-General of the Department of Gaming and Racing, or the office of Director, or the office of Commissioner of Police, must not knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a licensee or a person known by the holder of the office to be a close associate of a licensee.

(3)  A key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police) must not without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a licensee or a person known by the key official to be a close associate of a licensee.

(4)  A licensee or a close associate of a licensee must not:

(a)  employ, in any capacity, a person known by the licensee or close associate to be a key official, or

(b)  knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the licensee or close associate to be the Director-General of the Department of Gaming and Racing, or the Director, or the Commissioner of Police, or

(c)  without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the licensee or close associate to be a key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police).

(5)  A person who contravenes a provision of this section applicable to the person is guilty of an offence against this Act.

Maximum penalty: 50 penalty units.

(6)  In this section:

appropriate authority, in relation to a key official, means:

(a)  the Director-General of the Department of Gaming and Racing, unless the key official is a member of the Police Service, or

(b)  the Commissioner of Police, if the key official is a member of the Police Service.

105B   Restrictions relating to former key officials

(1)  A former key official must not:

(a)  hold any type of licence under this Act, or

(b)  solicit employment, in any capacity, from a licensee or a person known by the former key official to be a close associate of a licensee, or

(c)  be an employee, in any capacity, of a licensee or a person known by the former key official to be a close associate of a licensee, or

(d)  knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a licensee or a person known by the former key official to be a close associate of a licensee.

Maximum penalty: 50 penalty units.

(2)  While knowing that another person is a former key official, a person who is a licensee, or a close associate of a licensee, must not:

(a)  employ the former key official in any capacity, or

(b)  have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, the former key official.

Maximum penalty: 50 penalty units.

(3)  An exemption from the application of this section in relation to a former key official (other than a person who is a former Director-General of the Department of Gaming and Racing, is a former Director, or is a former Commissioner of Police) in a particular case or class of cases may be granted:

(a)  by the Director-General of the Department of Gaming and Racing, unless the former key official was a member of the Police Service, or

(b)  by the Commissioner of Police, if the former key official was a member of the Police Service.

(4)  The Director-General of the Department of Gaming and Racing, and the Commissioner of Police are each to keep at his or her office a register of exemptions granted by him or her under this section. The register is to contain details of each such exemption and is to be open for inspection by any person free of charge during ordinary business hours.

(5)  In this section:

former key official means a person who was a key official at any time during the previous 3 years, but is no longer a key official.

(6)  If a reference (“the original reference”) in this Act to a position, officer or Department is replaced with, or required to be read or construed as, a reference (“the replacement reference”) to another position, officer or Department, the replacement reference is for the purposes of the operation of this section to be read as including the original reference.

Part 7 Inspectors

106–108   (Repealed)

109   Special inspectors

(1)  The Minister may appoint an officer or temporary employee of the Public Service as a special inspector for the purposes of this Act.

(2)  The Director is taken to have been appointed as a special inspector.

(3)  The Minister is to cause each special inspector to be issued with a means of identification that is approved by the Minister and includes the following information:

(a)  that it is issued under this Act by the Minister administering this Act,

(b)  the name of the special inspector,

(c)  that the special inspector is authorised to exercise the powers conferred on a special inspector by the Liquor Act 1982.

(4)  A special inspector is not authorised to exercise the functions of a special inspector in relation to a licensee without production of his or her means of identification for inspection:

(a)  by the licensee, or

(b)  in the absence of the licensee, by the person believed by the inspector to be the most senior person on duty in the premises entered,

      unless to do so would defeat the purpose for which the functions are to be exercised.

110   Powers of entry, inspection and seizure

(1)  If the Commissioner of Police believes on reasonable grounds:

(a)  that unlawful or disorderly conduct is taking place on licensed premises, or

(b)  that a breach of this Act has been, or is being, committed on licensed premises,

      the Commissioner may, at any time of the day or night, enter the licensed premises with or without another member of the police force.

(1A)  If a special inspector believes on reasonable grounds that a breach of this Act has been, or is being, committed on licensed premises, the special inspector may, at any time of the day or night, enter the licensed premises with or without a police officer.

(2)  In exercising the power conferred by subsection (1), the Commissioner of Police may, with or without assistance, break into the premises if entry is refused or unreasonably delayed (whether or not by the absence of a person able to permit entry to the premises).

(3)  A member of the police force or a special inspector may, at any reasonable time, enter and examine any part of licensed premises and may:

(a)  take an account of all liquor on the premises, or

(b)  make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been, or are being, complied with, or

(c)  having required the licensee (or any other person having them in his or her custody) to produce any registers, books, records or documents relating to the business carried on with the authority of the licence, make copies of, or take extracts from, entries in the registers, books, records or other documents.

(d)  (Repealed)

(3A)  In the exercise of a power conferred under this section, the Commissioner of Police, a police officer or a special inspector may:

(a)  if the Commissioner, police officer or special inspector considers it necessary to do so for the purposes of obtaining evidence of the commission of an offence, seize any registers, books, records or other documents relating to the business conducted on the licensed premises, and

(b)  require any person to answer any question relating to any such registers, books, records or other documents or any other relevant matter.

(4)  In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises.

(5)  The licensee or person in charge of licensed premises shall not refuse or fail to admit to the licensed premises a person requiring entrance under subsection (1), (1A) or (3) or obstruct or delay the person in the exercise of his or her powers.

Maximum penalty: 50 penalty units.

(6)  Where, for the purpose of obtaining access from a public place to premises within a university to which an on-licence relates it is necessary to enter land, or a building or part of a building, that is within the university but does not form part of the licensed premises, a person authorised by this section to enter the licensed premises may, to obtain access to the licensed premises in order to enter them pursuant to this section or to obtain access from those premises to a public place, enter that land, building or part of a building.

(7)  In the case of an on-licence relating to a restaurant with sanitary facilities located in immediate proximity to the restaurant, the part of any premises that comprises those facilities and any part of premises necessary for access to those facilities is to be treated as part of the licensed premises for the purposes of this section.

110A   Dealing with seized documents

(1)  If the Commissioner of Police, a police officer or a special inspector seizes any document under section 110 on licensed premises, the Commissioner, police officer or inspector must issue the person apparently in charge of the premises with a written receipt for the document.

(2)  The Commissioner of Police, police officer or special inspector may retain any document seized under section 110 until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.

(3)  A document may only be retained under subsection (2) if the person from whom the document was seized is provided, within a reasonable time after the seizure, with a copy of the document certified by the Commissioner of Police, police officer or special inspector as a true copy.

(4)  The copy is, as evidence, of equal validity to the document of which it is certified to be a copy.

110B   (Repealed)

111   Obstruction

A person who hinders or obstructs a special inspector, member of the police force or any other person in the exercise by the inspector, member or other person of a function conferred on the inspector, member or other person by or under this Act is guilty of an offence and liable, where no other penalty or punishment is provided therefor, to a penalty not exceeding 50 penalty units.

Part 7A Minors

Division 1 Functions for minors on licensed premises

111A   Functions for minors on licensed premises

(1)  The court may grant an authority (a minors functions authority) to the holder of a hotelier’s licence or a nightclub licence to permit persons who are under the age of 18 years to attend a function or functions in a specified part of the licensed premises.

(2)  A minors functions authority is to designate function areas (that is, each part of the licensed premises on which the functions concerned are permitted to be held) and access areas (that is, each part of the licensed premises through or by means of which minors attending those functions are to be permitted to obtain entry to or to depart from a function area).

(3)  A licensee is guilty of an offence if any conditions of a minors functions authority held by the licensee are contravened.

Maximum penalty: 20 penalty units.

(4)  Nothing in this section requires a minors functions authority to be obtained in relation to a use of licensed premises that does not contravene another provision of this Act.

(5)  A minors functions authority does not authorise the holding of a function in contravention of a requirement made by or under any other Act.

(6)  In this section, the meaning of function includes, but is not limited to, the meaning of function given in section 4 (1).

111B   Procedure for grant of minors functions authority

(1)  The holder of a hotelier’s licence or a nightclub licence may apply to the court for a minors functions authority.

(2)  An application is made by delivering it to the registrar. Notice of the application is to be given by the registrar to the Commissioner of Police and the application is not to be dealt with until that notice has been given.

(3)  The application is to be dealt with as follows:

(a)  the jurisdiction of the court to grant the application may be exercised by the Principal Registrar if there is no objection to its grant,

(b)  the application may be granted for a fixed period or for an indefinite period,

(c)  the grant of the application is to be notified to the member of the Police Service who is prescribed by the regulations as the appropriate member of the Police Service for the purposes of this section.

(4)  The fee prescribed by the regulations is payable for the issue of a minors functions authority on or before 15 January in each calendar year following the calendar year of its issue while the authority is in force. The authority is cancelled if the fee is not paid within 2 months after the last day for payment.

111C   Conditions of minors functions authority

(1)  When granting a minors functions authority, the court must impose conditions on the authority relating to the following:

(a)  the required level of adult supervision of minors using a part of licensed premises in accordance with the authority,

(b)  the steps that the licensee must take to ensure that minors attending or departing from a function held under the authority do not disturb the quiet and good order of the neighbourhood in which the licensed premises are situated,

(c)  the steps that the licensee must take to enable the safe conduct of minors in the vicinity of the licensed premises when they are attending or departing from a function held under the authority.

(2)  In addition to any conditions required to be imposed on a minors functions authority under subsection (1), a minors functions authority is subject to the following conditions:

(a)  a condition that no approved gaming machine is to be located in any function area or access area specified in a minors functions authority held by the licensee while a function is being held under the authority,

(b)  a condition that liquor must not be sold, supplied, disposed of or consumed in any function area or access area specified in a minors functions authority held by the licensee while a function is being held under the authority,

(c)  a condition that no tobacco vending machine is to be located in any function area or access area specified in a minors functions authority while a function is being held under the authority,

(d)  any conditions prescribed by the regulations for the purposes of this section,

(e)  any other conditions, not inconsistent with a condition in paragraphs (a)–(d), that the court thinks appropriate to impose when granting the authority (including conditions that limit the number of functions that may be held under the authority during any particular period).

(2A)  In addition to conditions imposed by or under subsections (1) and (2), a minors functions authority in force in relation to the licensed premises of a nightclub is subject to the following conditions:

(a)  no liquor is to be sold or supplied on the premises while any function is being held pursuant to the authority,

(b)  a period of one hour (or such longer period as the court may approve) must elapse, following the conclusion of any such function, before the sale or supply of liquor on the premises is resumed.

(3)  The court may revoke or vary a condition of a minors functions authority imposed by it:

(a)  at any time on the application of the holder of the authority, the Director, the Commissioner of Police or a person authorised by the local council within the boundaries of which the licensed premises are situated, or

(b)  of its own motion or on the hearing of any matter relating to the authority.

111D   Complaints relating to minors functions authority

(1)  A complaint may be made against a licensee by the Commissioner of Police, the Director or a person authorised by the local council within the boundaries of which the licensed premises are situated, on any one or more of the following grounds:

(a)  the quiet and good order of the neighbourhood in which the licensed premises are situated will be unduly disturbed if a minors functions authority held by the licensee continues in force,

(b)  the licensee has been convicted of an offence under section 111A,

(c)  any condition of a minors functions authority held by the licensee has been contravened, whether or not the licensee has been convicted of an offence in respect of that contravention.

(2)  A licensing magistrate or the Principal Registrar may on a complaint made under this section issue a summons calling on a licensee to show cause why the minors functions authority held by the licensee should not be cancelled.

(3)  The court constituted as provided by section 9 (1) (a) or (b) is to hear and determine the matter of the complaint and may do any one or more of the following:

(a)  cancel the minors functions authority,

(b)  suspend the minors functions authority,

(c)  order the licensee to pay a penalty not exceeding 50 penalty units within such time as may be specified in the order,

(d)  subject the minors functions authority to a specified condition,

(e)  dismiss the complaint.

(4)  The court is not to hear and determine the matter earlier than 10 days after the summons issued on the complaint is served on the licensee.

(5)  (Repealed)

(6)  A licensee may surrender the minors functions authority held by the licensee by giving notice of surrender to the Board.

(7)  So long as any amount ordered to be paid by a licensee under this section remains unpaid after the time ordered for payment, the minors functions authority held by the licensee is suspended.

111E   Fees for certain applications

An application under this Division delivered to the registrar must not be granted unless it is accompanied by the appropriate prescribed fee, if any.

112   Authority for use of part of premises by minor in company of responsible adult

(1)  The Board may, on the application of the licensee or the Commissioner of Police, and subject to any conditions that the Board imposes, authorise the use by a minor in the company of a responsible adult of a part of the premises to which a hotelier’s licence relates.

(2)  (Repealed)

(3)  A minors functions authority and an authorisation under subsection (1) may be granted in respect of the same part of premises.

(4)  If a minors functions authority is operating to permit the use by a minor of a part of premises, any authorisation under subsection (1) has no operation to the extent that it applies to that part of the premises.

(5)  The Board may, on the application of the licensee or the Director or the Commissioner of Police:

(a)  revoke or vary an authorisation under subsection (1), or

(b)  impose any condition, or any further condition, to which such an authorisation is to be subject, or

(c)  revoke or vary any condition imposed under subsection (1) or paragraph (b).

(6)  An authorisation under subsection (1) is in force only while all conditions to which it is subject are being complied with.

(7)  (Repealed)

Division 2 Offences relating to minors

113   Minor using false evidence of age

A minor who uses any evidence purporting to be evidence of his or her age in order to obtain entry to, remain in, or obtain liquor from, licensed premises, is guilty of an offence if the evidence is false in a material particular in relation to the minor.

Maximum penalty: 10 penalty units.

114   Sale or supply of liquor to a minor

(1)  A person shall not, in any place whether or not licensed premises, sell or supply liquor to a person under the age of 18 years.

Maximum penalty: 50 penalty units or, if circumstances of aggravation exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both).

(2)  (Repealed)

(3)  A licensee shall not, on the licensed premises, allow liquor to be sold or supplied to a person under the age of 18 years.

Maximum penalty: 50 penalty units or, if circumstances of aggravation exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both).

(4)  A person shall not obtain liquor from licensed premises on behalf of a person under the age of 18 years.

Maximum penalty: 50 penalty units or, if circumstances of aggravation exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both).

(4A)  For the purposes of this section, circumstances of aggravation exist in relation to an offence under this section if (and only if) both of the following apply:

(a)  the information by which the proceedings for the offence are instituted alleges that the offence is (for the reasons specified in the information) so serious as to warrant the imposition of a penalty in excess of 50 penalty units,

(b)  the court that convicts the person for the offence is of the opinion (having regard to the quantity or nature of the liquor involved or the young age of the person involved, or other relevant considerations) that the offence is so serious as to warrant the imposition of a penalty in excess of 50 penalty units.

(5)  It is a defence to a prosecution for an offence under subsection (1) or (4) if it is proved that the person to whom the liquor was sold or supplied, or on whose behalf it was obtained, was of or above the age of 14 years and that, before the liquor was sold, supplied or obtained, there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years.

(6)  It is a defence to a prosecution for an offence under subsection (1) (except in the case of a sale or supply which took place on licensed premises) if it is proved that the defendant was a parent or guardian of the person to whom the liquor was sold or supplied or was authorised to sell or supply liquor to the person by the parent or guardian.

(7)  It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant was a parent or guardian of the person on whose behalf the liquor was obtained or was authorised to obtain liquor on behalf of the person by the parent or guardian.

(8)  In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises.

(9)  It is a defence to a prosecution for an offence under subsection (3) if it is proved that the liquor was supplied to the person by that person’s parent or guardian.

(10)  A reference in this section to the supply of liquor to a person includes a reference to the serving of liquor to a person.

115   Consumption etc of liquor by minor

(1)  A person under the age of 18 years shall not:

(a)  consume liquor on licensed premises or on the premises of an unlicensed restaurant,

(b)  obtain, or attempt to obtain, liquor for consumption on licensed premises, or

(c)  carry liquor away, or attempt to carry liquor away, from licensed premises.

Maximum penalty: 10 penalty units.

(1A)  It is a defence to a prosecution for an offence under subsection (1) of consuming liquor on the premises of an unlicensed restaurant if it is proved that the defendant consumed the liquor in the company of and with the authority of his or her parent or guardian.

(2)  It is a defence to a prosecution for an offence under subsection (1) (c) if it is proved that the defendant was ordered or requested to carry the liquor away from the licensed premises.

(3)  A person shall not:

(a)  send a person under the age of 18 years to licensed premises, or

(b)  order or request a person under the age of 18 years to go to licensed premises,

      for the purpose of obtaining liquor.

Maximum penalty (subsection (3)): 20 penalty units.

(4)  In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises.

116   Sale or supply of liquor by a minor

Except where the Board has given its consent (proof whereof lies on the defendant) a licensee shall not allow a person under the age of 18 years to sell, supply or serve liquor on his or her licensed premises.

Maximum penalty: 50 penalty units.

116A   Offences by minors in hotels, nightclubs and restaurants

(1)  A minor who enters or remains in a restricted area in a hotel is guilty of an offence against this Act.

Maximum penalty: 10 penalty units.

(1A)  It is a defence to a prosecution for an offence arising under subsection (1) if it is proved that the minor concerned was, at the material time, an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001) and that the minor entered or remained in the restricted area for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee.

(2)  A minor who for any purpose enters or remains in a part of a hotel authorised under section 112 for use by a minor in the company of an adult is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.

Maximum penalty: 10 penalty units.

(3)  It is a defence to a prosecution of a minor for an offence under this section if it is proved that the defendant believed on reasonable grounds that a minors functions authority under section 111A operated to authorise the use of that part at the relevant time by minors under adult supervision.

(4)  A minor who for any purpose enters or remains on premises to which a nightclub licence relates during a nightclub trading period is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.

Maximum penalty: 10 penalty units.

(5)  A minor who for any purpose enters or remains on the premises of a licensed restaurant to which a dine-or-drink authority relates during a restaurant restricted period is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.

Maximum penalty: 10 penalty units.

(6)  A minor who for any purpose enters or remains on premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.

Maximum penalty: 10 penalty units.

116B   Offences by licensees in relation to minors

(1)  If a minor:

(a)  enters a restricted area in a hotel, or

(b)  enters a part of a hotel authorised under section 112 for use by a minor in the company of an adult but is not in the company and immediate presence of a responsible adult, or

(c)  enters premises to which a nightclub licence relates during a nightclub trading period but is not in the company and immediate presence of a responsible adult, or

(d)  enters premises of a licensed restaurant to which a dine-or-drink authority relates during a restaurant restricted period but is not in the company and immediate presence of a responsible adult, or

(e)  enters premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor but is not in the company and immediate presence of a responsible adult,

      the licensee is guilty of an offence against this Act.

Maximum penalty: 50 penalty units.

(2)  If a minor:

(a)  is in a restricted area in a hotel, or

(b)  is in a part of a hotel authorised for use by a minor in the company of an adult but is not in the company and immediate presence of a responsible adult, or

(c)  is on premises to which a nightclub licence relates during a nightclub trading period but is not in the company and immediate presence of a responsible adult, or

(d)  is on premises of a licensed restaurant to which a dine-or-drink authority relates during a restaurant restricted period but is not in the company and immediate presence of a responsible adult, or

(e)  is on premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor but is not in the company and immediate presence of a responsible adult,

      the licensee is guilty of an offence against this Act unless the minor is at once removed from the licensed premises.

Maximum penalty: 50 penalty units.

(3)  It is a defence to a prosecution for an offence under subsection (1) or (2) if it is proved that the minor was above the age of 14 years and that:

(a)  before the minor entered the restricted area or authorised part of the hotel, entered the premises to which the community liquor licence relates, or entered the premises to which the nightclub licence or dine-or-drink authority relates, or

(b)  while the minor was in the restricted area or authorised part of the hotel, on the premises to which the community liquor licence relates, or on the premises to which the nightclub licence or dine-or-drink authority relates,

      there was produced to the licensee, or an employee or agent of the licensee, documentary evidence that might reasonably be accepted as applying to the minor and as evidence that the minor was of or above the age of 18 years.

(4)  It is a defence to a prosecution for an offence arising under subsection (1) (a) or (2) (a) if it is proved that the minor concerned was, at the material time, an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001) and that the minor entered or was in the restricted area for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee.

(5)  Subsections (1) (c) and (2) (c) do not apply to that part of any licensed premises to which a minors functions authority under section 111A applies and in which, at the material time, a function is being held in pursuance of the authority.

116C   Notices to be displayed

(1)  A hotelier is guilty of an offence against this Act unless there is continuously displayed:

(a)  in each restricted area in the hotel a notice in the prescribed form that relates to the exclusion of minors from the restricted area, and

(b)  in each part of the hotel in which a minor is permitted to remain only in the company and immediate presence of a responsible adult a notice in the prescribed form that relates to the presence of minors in that part of the hotel.

Maximum penalty: 20 penalty units.

(2)  A separate offence is committed in respect of each restricted area or other part of a hotel for which there is a failure to display in the restricted area or other part the notice required by this section.

(3)  A holder of a nightclub licence for premises trading during a nightclub trading period is guilty of an offence against this Act unless there is continuously displayed during the nightclub trading period a notice in the prescribed form that relates to the presence of minors on the premises during the nightclub trading period.

Maximum penalty: 20 penalty units.

(3A)  A holder of an on-licence endorsed with a dine-or-drink authority for premises trading during a restaurant restricted period is guilty of an offence against this Act unless there is continuously displayed during the restaurant restricted period a notice in the prescribed form that relates to the presence of minors on the premises during the restaurant restricted period.

Maximum penalty: 20 penalty units.

(3B)  A holder of a community liquor licence is guilty of an offence against this Act unless there is continuously displayed a notice in the prescribed form that relates to the presence of minors on the premises.

Maximum penalty: 20 penalty units.

(3C)  A licensee who offers liquor for sale through an internet site is guilty of an offence against this Act unless there is displayed on the site at all times while it is accessible notices in the prescribed form relating to sales of liquor to minors, harm minimisation or any other matter prescribed by the regulations for the purposes of this subsection.

Maximum penalty: 20 penalty units.

(4)  It is a defence to a prosecution for an offence under this section if it is proved that the licensee:

(a)  had taken all reasonable precautions to avoid commission of the alleged offence, and

(b)  at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.

116D   Offence by adult accompanying minor

If an adult in whose company a minor is lawfully in a hotel or on premises to which a nightclub licence or dine-or-drink authority relates or on premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor, in accordance with section 116B:

(a)  permits the minor to consume liquor on the licensed premises, or

(b)  leaves the minor on the licensed premises deprived of the company and immediate presence of the adult without first informing the licensee or an employee of the licensee,

the adult is guilty of an offence against this Act.

Maximum penalty: 20 penalty units.

117   (Repealed)

117A   Minor required to provide information

(1)  An authorised person may require a person who is reasonably suspected of being a minor and who, if a minor, would be committing an offence against this Act:

(a)  to state his or her full name and residential address, and

(b)  to produce then, or at a police station within a reasonable time, documentary evidence that might reasonably be accepted as applying to the person and as proof of his or her age.

(2)  A person the subject of a requirement under subsection (1) shall not:

(a)  refuse or fail to state his or her full name and residential address, or

(b)  without reasonable cause, refuse or fail to produce evidence of age as referred to in subsection (1) (b).

Maximum penalty: 10 penalty units.

(3)  In this section:

authorised person means a licensee, an employee or agent of a licensee, or a member of the police force.

117B   Entry on licensed premises by minor

If:

(a)  a holder of a hotelier’s licence, or an employee of the licensee, is aware that a person who may reasonably be suspected of being under the age of 18 years is attempting to enter the premises to which the licence relates, or a part of the premises, and

(b)  the presence of the person on the premises or part of the premises would, if the person were under the age of 18 years, be an offence against this Act,

the licensee or employee shall refuse the person entry to the premises or part unless there is produced to the licensee or employee documentary evidence that may reasonably be accepted as applying to the person and as proving that the person is of or above the age of 18 years.

Maximum penalty: 20 penalty units.

117C, 117D   (Repealed)

117E   Reasonable evidence of age

(1)  Without precluding any other evidence that might reasonably be accepted as evidence that a person is at least 18 years of age, the regulations may make provision for the kind of evidence that, for the purposes of this Act, would be evidence to that effect.

(2)  A minor who:

(a)  provides information in order to obtain evidence of a kind prescribed by the regulations for the purposes of this section, and

(b)  knows that the information is false or misleading in a material particular,

      is guilty of an offence against this Act.

Maximum penalty: 10 penalty units.

(3)  A person who:

(a)  provides or certifies information of a kind required to enable that or any other person to obtain evidence of a kind prescribed by the regulations for the purposes of this section, and

(b)  knows that the information is to be used in order to obtain evidence, or that it is required in order to obtain evidence, prescribed for those purposes, and

(c)  knows that the information is intended to be used to obtain evidence that will be false or misleading in a material particular,

      is guilty of an offence against this Act.

Maximum penalty: 20 penalty units.

117EA   Proof of age cards

(1)  On application made by a person, the Roads and Traffic Authority may issue the person with a document attesting to the person’s identity and age.

(1A)  A proof of age card is not to be issued under this section after the commencement of this subsection (as inserted by the Photo Card Act 2005). A proof of age card issued under this section ceases to be valid for any purpose 3 years after the commencement of this subsection.

(2)  The regulations may prescribe:

(a)  the manner and form in which the application is to be made,

(b)  the fee that is to accompany the application, and

(c)  the information to be furnished in support of the application.

(3)  If the regulations so provide, information furnished in support of the application must be verified by statutory declaration of the applicant.

117EB   Manufacturing false proof of age cards

(1)  A person must not make a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976.

Maximum penalty: 20 penalty units.

(2)  A person (the offender) must not give to another person a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976, if the offender knows or could reasonably be expected to know that the document is false.

Maximum penalty: 20 penalty units.

(3)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) or (2) in circumstances of aggravation.

Maximum penalty: 50 penalty units.

(4)  For the purposes of this section, a person commits an offence in circumstances of aggravation if:

(a)  the offence involved a high degree of planning, or

(b)  the offence involved the use of other people acting at the direction of the person convicted of the offence in the commission of the offence, or

(c)  the person committed the offence solely or principally for financial reward, or

(d)  the offender has a previous conviction for an offence under this section.

117EC   Giving or lending proof of age cards

A person must not give or lend the person’s proof of age card to another person, if the person giving or lending the card knows or could reasonably be expected to know that the card may be used:

(a)  as a proof of age card for the purposes of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976, by the person to whom the card was given or lent, or by any other person, or

(b)  to obtain a proof of age card for the person to whom the card was given or lent, or any other person, for the purposes of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976.

Maximum penalty: 20 penalty units.

117ED   Tampering with proof of age cards

A person must not for an improper purpose wilfully or negligently alter, deface, or otherwise interfere with a proof of age card or with any of the material particulars contained on the card.

Maximum penalty: 20 penalty units.

117F   (Repealed)

117G   Minors not to be detained

A minor may not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a penalty under this Act or an amount ordered to be paid under Division 4 of Part 3 of the Fines Act 1996 in respect of a penalty notice issued under this Act.

117H   Minors passing through restricted area of hotel

(1)  It is a sufficient defence to a prosecution for an offence arising under section 116A, 116B or 117B in relation to a minor entering or being or remaining in a restricted area in a hotel if it is established that the minor:

(a)  was present in the restricted area only for so long as was reasonably necessary to pass through it in order conveniently to gain access to another area of the hotel that the minor may enter without contravening this Act, and

(b)  was at all times while in the restricted area in the company and immediate presence of a responsible adult.

(2)  The defence provided by this section is in addition to any other available defence.

117I   Sale of undesirable liquor products

(1)  The regulations may declare a specified liquor product or class of liquor products to be an undesirable liquor product.

(2)  The licensee is guilty of an offence if any such product is sold or supplied on licensed premises to any person.

Maximum penalty: 50 penalty units.

(3)  The Minister may recommend the making of a regulation under this section only if, in the opinion of the Minister:

(a)  designs, motifs or characters on the packaging of the liquor products concerned are of such a kind that the products are, or are likely to be, attractive to minors, or

(b)  the products are likely, for any reason, to be confused with soft drinks or confectionery, or

(c)  the products, for any other reason, have or are likely to have a special appeal to minors.

(4)  The Minister must, before recommending the making of a regulation under this section, consult with relevant liquor industry representatives and the manufacturer of any liquor product proposed to be prescribed (where the manufacturer is known to the Minister).

(5)  The validity of a regulation under this section is not affected by any want of compliance with subsection (3) or (4).

117J   Director may prohibit undesirable promotion of liquor

(1)  The Director may, by order in writing served on a licensee, prohibit the licensee from carrying on or being involved in an activity involving the promotion of liquor described in the order if the Director considers:

(a)  that the promotion is likely to have a special appeal to minors:

(i)  because of the use of designs, motifs or characters in the promotion that are, or are likely to be, attractive to minors, or

(ii)  for any other reason, and

(b)  that it is desirable in the public interest to prohibit the carrying on of or involvement in the activity.

(2)  Before making an order under this section, the Director must have regard to any relevant guidelines concerning the making of orders or the promotion of liquor approved by the Minister for the purposes of this section.

(3)  A licensee who, without reasonable excuse, fails to comply with an order under this section is guilty of an offence.

Maximum penalty: 50 penalty units.

Part 8 Offences etc

Division 1 Offences

118   Closing of restricted areas and certain other areas

(1)  The holder of a hotelier’s licence shall:

(a)  at any time when his or her licensed premises should not be open for the sale or supply of liquor, and

(b)  at any time when the sale or supply of liquor is permitted only for consumption on a specified part of the licensed premises,

      close and keep closed to the public every restricted area on his or her licensed premises, and every other part of his or her licensed premises in which liquor is ordinarily sold or supplied to the public, except a restricted area or other part open in accordance with the conditions of the licence in a part of the premises referred to in paragraph (b).

(2)  The holder of an off-licence to sell liquor by retail shall, at any time when his or her licensed premises should not be open for the sale of liquor pursuant to the licence, close and keep closed to the public that part of any counter or place at or in which liquor is usually sold or supplied pursuant to the licence.

Maximum penalty: 20 penalty units.

119   Sale etc of liquor outside trading hours

(1)  A licensee shall not:

(a)  keep his or her licensed premises open for the sale or supply of liquor, or

(b)  sell or supply liquor,

      at a time at which the licensee is not, by this Act or under the conditions of his or her licence, permitted to effect the sale or supply.

Maximum penalty: 20 penalty units.

(2)  (Repealed)

(3)  Except as provided by subsection (4), a person shall not:

(a)  carry liquor away from premises the subject of a hotelier’s licence or an off-licence to sell liquor by retail at a time when the premises should not be open for the sale or supply of liquor, or

(b)  carry liquor away from premises to which a hotelier’s licence relates during trading hours for the premises that are earlier than 5 am.

Maximum penalty: 5 penalty units.

(4)  Notwithstanding subsection (3), the holder of a hotelier’s licence, his or her employee or a lodger in premises the subject of a hotelier’s licence, may at any time carry away from the licensed premises liquor that is reasonably required for consumption by the licensee or lodger on the day on which the liquor is carried away.

120   Person on licensed premises outside trading hours

(1)  A person shall not on any day be found in a restricted area on premises to which a hotelier’s licence relates at a time that is:

(a)  later than 15 minutes after the commencement of any period on that day when the restricted area should not be open for the sale of liquor, and

(b)  earlier than the end of that period.

Maximum penalty: 5 penalty units.

(2)  It is a defence to a prosecution for a contravention of subsection (1) if it is proved that, at the time at which the offence is alleged to have been committed, the person charged:

(a)  was a lodger or inmate, or an employee of the licensee, or

(b)  was present in the part of the premises to which the charge relates for a lawful purpose.

(3)  A member of the police force authorised by section 110 to enter licensed premises:

(a)  may require a person found on licensed premises in contravention of subsection (1) to state his or her correct name and address, and

(b)  if he or she has reasonable cause to suspect that the name or address given is false—he or she may require that person to produce evidence of its correctness.

(4)  Where a person the subject of:

(a)  a requirement of a member of the police force under subsection (3) (a)—refuses or fails to comply with the requirement, or

(b)  a requirement of a member of the police force under subsection (3) (b)—without reasonable cause (proof whereof lies on the defendant) refuses or fails to comply with the requirement,

      the member of the police force may apprehend the person and, as soon as practicable, bring the person before a Magistrate or authorised officer within the meaning of the Criminal Procedure Act 1986 to be dealt with according to law.

(5)  Where a person is found on licensed premises in contravention of subsection (1), the licensee is guilty of an offence and liable to a penalty not exceeding 20 penalty units unless it is proved:

(a)  that the person was on the premises for a lawful purpose,

(b)  that the licensee had taken all reasonable care to prevent the person coming or remaining on the premises for an unlawful purpose,

(c)  that the licensee had taken all reasonable care to ascertain, and believed, that the purpose for which the person had come and remained on the premises was a lawful purpose, or

(d)  that, at the time the offence is alleged to have been committed, the person so found was a lodger or inmate or an employee of the licensee.

121   Unauthorised sale of liquor by licensee

(1)  A person authorised under this Act to sell liquor s