Table Of Contents

Liquor Amendment (Special Licence Conditions) Act 2008 No 102

An Act to amend the Liquor Act 2007 to impose additional licence conditions in respect of certain licensed premises.
2   Commencement
This Act commences on the date of assent to this Act.
3   Amendment of Liquor Act 2007 No 90
The Liquor Act 2007 is amended as set out in Schedule 1.
4   Amendment of Liquor Regulation 2008
The Liquor Regulation 2008 is amended by omitting Division 3 of Part 5 and Schedule 3.
5   Repeal of Act
(1)  This Act is repealed on the day following the day on which this Act commences.
(2)  The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendment of Liquor Act 2007
(Section 3)
[1]   Section 11 Licence conditions—general provisions
Insert after section 11 (1):
  
(1A)  Schedule 4 (Special licence conditions for declared premises) has effect. The regulations may amend that Schedule (including, without limitation, by adding or removing any relevant licence under that Schedule).
[2]   Schedule 4
Insert after Schedule 3:
  
Schedule 4 Special licence conditions for declared premises
(Section 11 (1A))
1   Definitions
In this Schedule:
declared premises means the premises to which a relevant licence relates.
relevant licence means a licence specified in the Table at the end of this clause.
restricted service period, in relation to declared premises, means:
(a)  the period between midnight and such later time (if any) at which the premises are required to cease trading, or
(b)  in the case of declared premises that are not required to cease trading at any time after midnight—the period between midnight and 5 am.
Licence number
Name of licensed premises
Location
LIQH424007134
Pontoon Bar
Sydney CBD
LIQH400104413
Orient Hotel
Sydney CBD
LIQH400115733
Cargo Bar
Sydney CBD
LIQH400110200
Scruffy Murphy’s
Sydney CBD
LIQH400108818
Home Nightclub
Darling Harbour
LIQH400104480
Oxford Hotel
Darlinghurst
LIQH400102224
Exchange Hotel
Darlinghurst
LIQH400110154
ARQ Sydney
Darlinghurst
LIQH424006252
Stonewall Hotel
Darlinghurst
LIQH400101929
Taylor Square Hotel
Darlinghurst
LIQH400100809
Vegas Hotel
Potts Point
LIQH400104731
Piccadilly Hotel
Potts Point
LIQH424006058
First Empire Hotel
Potts Point
LIQH400101449
Coogee Bay Hotel
Coogee
LIQH400100612
Bondi Hotel
Bondi
LIQH400100620
The Eastern
Bondi Junction
LIQH400105770
Steyne Hotel
Manly
LIQH400103980
Mona Vale Hotel
Mona Vale
LIQH400118260
Mean Fiddler
Rouse Hill
LIQC300241858
Penrith Rugby League Club
Penrith
LIQH400119054
Embassy Hotel
Penrith
LIQH400100078
Albion Hotel
Parramatta
LIQH400102453
PJ Gallagher’s Irish Pub
Parramatta
LIQH400122489
Roxy Hotel
Parramatta
LIQH400111444
One World Sport Parramatta
Parramatta
LIQH400102100
Epping Hotel
Epping
LIQC300241866
Rooty Hill RSL Club
Rooty Hill
LIQH400101635
Northies–Cronulla Hotel
Cronulla
LIQO624006185
Fusion
Cronulla
LIQO624006134
AKA Nightclub Bar
Sutherland
LIQC300244695
Campbelltown Catholic Club
Campbelltown
LIQH400104642
Peakhurst Inn
Peakhurst
LIQH400112084
Commercial Hotel
Dubbo
LIQH400118562
Standard Hotel
Orange
LIQH400120230
Imperial Hotel
Tamworth
LIQH400108893
Oxford Tavern
Bathurst
LIQH400122403
Glasshouse Tavern
Wollongong
LIQH400109911
Crowne Plaza Terrigal
Terrigal
LIQH400110014
Terrigal Hotel
Terrigal
LIQC300236005
Central Coast Leagues Club
Gosford
LIQH424009773
Iguana Joe’s Waterfront Bar
Gosford
LIQH400115067
Club House Hotel
Maitland
LIQH400117116
Beachcomber Resort & Conference Centre
Toukley
LIQO624006255
Altitude Nightclub
Port Macquarie
LIQO624006658
Capital Nightclub
Wagga Wagga
LIQO624006202
Flamingos Nitespot
Goulburn
LIQH400121024
Roi Bar
Albury
LIQH400114567
Mary Gilhooley’s Irish Pub & Restaurant
Lismore
2   Special licence conditions
(1)  A relevant licence is subject to the conditions specified in this Schedule.
(2)  The conditions specified in this Schedule are in addition to any other conditions to which a relevant licence is subject.
(3)  Any change in the name (as referred to in the Table to clause 1) of any declared premises does not affect the application of this Schedule to the licence for those premises.
3   “Lock outs” for declared premises
(1)  The licensee of any declared premises must not permit patrons to enter the premises after 2 am or before 5 am (the lock out period).
(2)  For the avoidance of doubt, patrons already present in declared premises immediately before the start of the lock out period may:
(a)  leave the premises at any time, or
(b)  remain on the premises while the premises are authorised to trade,
but are not permitted to re-enter the premises during the lock out period.
(3)  This clause does not:
(a)  prevent a resident of declared premises from entering the premises during the lock out period, or
(b)  in the case of declared premises that are premises to which a club licence relates—prevent a full member or honorary member (within the meaning of the Registered Clubs Act 1976) of the registered club from entering the premises during the lock out period.
4   Glasses and breakable plastic containers prohibited during restricted service period
(1)  During the restricted service period, any drink (whether or not it contains liquor) sold or supplied for consumption on declared premises must not be served or supplied in a glass or breakable plastic container.
(2)  During the restricted service period, the licensee of declared premises must remove empty glasses and empty breakable plastic containers from patrons and from any area of the premises to which patrons have access.
(3)  This clause does not require empty glasses or other containers to be removed from the room in which a resident of declared premises is residing or staying.
(4)  In this clause:
glass means:
(a)  a drinking vessel, or
(b)  a container (such as a bottle or jug) from which drinks can be poured,
that is made wholly or principally of glass.
5   Certain drinks prohibited during restricted service period
(1)  The following drinks must not be sold or supplied on declared premises during the restricted service period:
(a)  any drink (commonly referred to as a “shot”) that contains no more than 30 ml of spirits or liqueur and that is designed to be consumed rapidly,
(b)  any drink containing more than 50% spirits or liqueur,
(c)  any ready to drink beverage with an alcohol by volume content of more than 5%,
(d)  any drink prepared on the premises that contains more than one 30 ml nip of spirits or liqueur.
(2)  During the restricted service period, no more than:
(a)  4 alcoholic drinks (whether or not of the same kind), or
(b)  the contents of one bottle of wine,
may be sold or supplied on declared premises to the same person at any one time.
(3)  In this clause:
ready to drink beverage means an alcoholic mixed beverage that is prepared by the manufacturer.
6   “Time-outs” during restricted service period
The sale or supply of liquor on declared premises must cease for a continuous period of 10 minutes during each hour of the restricted service period.
7   Service of alcohol to cease 30 minutes before closing time
If declared premises are required to cease trading on any day, the licensee must cease selling or supplying liquor on the premises 30 minutes before the premises are required to cease trading.
8   Exemptions
(1)  The Director may, by order in writing served on the licensee of declared premises, exempt the declared premises from any specified provision of this Schedule.
(2)  The Director may exempt declared premises only if the Director:
(a)  is satisfied that conditions other than the specified provision to which the exemption relates will be more effective in reducing the risk of alcohol-related violence in or about the declared premises concerned, and
(b)  imposes those other conditions on the licence for the premises under any relevant provision of this Act.
(3)  Any such relevant provision applies except to the extent that it prevents the imposition of conditions that are inconsistent with this Schedule.
(4)  An exemption under this clause has effect only while the other conditions imposed by the Director to replace the specified provision to which the exemption relates remain in force.
9   Review of Schedule
(1)  The Minister is to review this Schedule to determine whether the policy objectives remain valid and whether the terms of this Schedule remain appropriate for securing those objectives.
(2)  The review is to be undertaken no later than at the end of the period of 12 months immediately following the date of assent to the Liquor Amendment (Special Licence Conditions) Act 2008.
(3)  In undertaking the review, the Minister is to consult with the Bureau of Crime Statistics and Research of the Attorney General’s Department and take into consideration any information and advice provided by the Bureau in relation to the incidence of alcohol-related violence in or about the licensed premises to which this Schedule applies.
(4)  A report on the outcome of the review is to be tabled in each House of Parliament within 3 months after the completion of the review.