You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2007 - 90)
Skip to content
Liquor Act 2007 No 90
Current version for 1 December 2019 to date (accessed 11 December 2019 at 17:38)
Part 3
Part 3 Liquor licences
Division 1 Preliminary
10   Types of licences and authorisation conferred by licence
(1)  The following types of licences may be granted and held under this Act—
(a)  hotel licence,
(b)  club licence,
(b1)  small bar licence,
(c)  on-premises licence,
(d)  packaged liquor licence,
(e)  producer/wholesaler licence,
(f)  limited licence,
(g)  any other type of licence that is prescribed by the regulations.
(2)  A licence authorises the licensee to sell or supply liquor in accordance with this Act and the conditions of the licence.
(3)  The authorisation conferred by a licence is subject to this Act and the regulations.
11   Licence conditions—general provisions
(1)  A licence is subject to—
(a)  such conditions as may be imposed, or are taken to have been imposed, by the Authority or the Secretary (whether at the time the licence is granted or at any later time) under this Act, and
(b)  such conditions as are imposed by this Act or prescribed by the regulations, and
(c)  such other conditions as are authorised to be imposed on the licence under this Act.
(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)  A licensee must comply with any conditions to which the licence is subject.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
(3)  For the purposes of this Act, a condition to which a licence is subject includes any provision of this Act that imposes a requirement or restriction (other than as an offence) on or in relation to the licence, licensee or licensed premises concerned.
Note.
 The times during which licensed premises are authorised to trade is an example of such a requirement.
11A   Special licence condition—6-hour closure period for licensed premises
(1)  This section applies in relation to—
(a)  any licence granted on or after 30 October 2008, and
(b)  any licence in force before that date, but only if an extended trading authorisation granted on or after that date is in force in relation to the licensed premises concerned.
(2)  A licence to which this section applies is subject to the condition that liquor must not be sold by retail on the licensed premises for a continuous period of 6 hours (as determined in accordance with this section) during each consecutive period of 24 hours (the 6-hour closure period).
(3)  Except as provided by subsection (4), the 6-hour closure period for any particular licensed premises is the period that is approved for the time being by the Authority.
(4)  In the case of a licence—
(a)  granted on or after 30 October 2008 but before the date on which this section (as inserted by the Liquor Legislation Amendment Act 2008) commenced, or
(b)  granted by the Local Court (as provided by clause 25 of Schedule 1) at any time after the date on which this section commenced,
the 6-hour closure period for the licensed premises is, subject to subsection (5), the period from 4 am to 10 am.
(5)  The Authority may at any time, on application by the licensee or by the Secretary or the Commissioner of Police, or on its own initiative, approve of licensed premises having a different 6-hour closure period than—
(a)  the period as last approved by the Authority, or
(b)  the period specified in subsection (4).
(6)  Any such application by the licensee must be accompanied by the fee prescribed by the regulations.
(7)  To avoid doubt, during the 6-hour closure period for any licensed premises—
(a)  the licensed premises are not authorised to stay open for the retail sale of liquor on the premises, and
(b)  the licensee is not authorised to sell liquor by retail for consumption away from the licensed premises.
(8)  This section has effect despite any other provision of this Act (in particular, those provisions relating to the standard trading period for licensed premises).
(9)  This section does not, however, apply to the sale or supply of liquor to a resident of licensed premises if the liquor is sold or supplied for consumption in the room in which the resident is residing or staying.
(10)  The regulations may also create exceptions to this section.
12   Standard trading period for certain licensed premises
(1)  For the purposes of this Act, the standard trading period means—
(a)  for any day of the week other than a Sunday—
(i)  the period from 5 am to midnight, or
(ii)  if the regulations prescribe a shorter period—the period as so prescribed, and
(b)  for a Sunday—
(i)  the period from 10 am to 10 pm, or
(ii)  if the regulations prescribe a shorter period—the period as so prescribed.
(1A)  Despite subsection (1), the standard trading period for a small bar is the period from noon to midnight on any day of the week.
Note.
 Small bars are subject to the 6-hour closure period under section 11A.
(1B)  Despite subsection (1)(a), the standard trading period for premises to which this subsection applies ends at 10 pm.
(1C)  Subsection (1B) applies to the following premises or part of premises—
(a)  if the primary purpose of the business carried on on licensed premises to which a packaged liquor licence relates is the sale or supply of liquor for consumption away from the licensed premises—the licensed premises,
(b)  if the primary purpose of the business carried on on licensed premises to which a packaged liquor licence relates is not the sale or supply of liquor for consumption away from the licensed premises—the part of the premises that is a liquor sales area (within the meaning of section 30) of the licensed premises,
(c)  if a hotel licence, club licence, on-premises licence or producer/wholesaler licence authorises the licensee to sell liquor for consumption away from the licensed premises—any part of the licensed premises to the extent that it is used for that purpose.
(2)  Any regulation that prescribes a shorter period for the purposes of subsection (1) may—
(a)  apply to a specified class of licensed premises, and
(b)  apply in relation to a specified day or days, and
(c)  in the case of licensed premises on which liquor may be sold or supplied for consumption on the premises as well as for consumption away from the premises—specify different periods for the sale or supply of liquor for consumption on the premises and for the sale or supply of liquor for consumption away from the premises.
(3)  Without limiting subsection (2)(a), a class of licensed premises may be specified by reference to licensed premises that are located in a particular area (however described).
13   Special events extended trading period for hotels and clubs
(1)  In addition to the trading hours that apply under this Act to the licensed premises to which a hotel licence or a club licence relates, the regulations may prescribe a period during which liquor may be sold or supplied for consumption on any such licensed premises.
(2)  Any such period may be prescribed only in relation to a specified day on which a special event is to be held or that immediately follows the day on which a special event is held. For the purposes of this subsection, special event means an event that the Minister considers to be of regional, State or national significance.
(3)  A regulation under this section may apply to a specified class of hotel or club premises. Without limitation, any such class of hotel or club premises may be specified by reference to hotels or club premises that are located in a particular area (however described).
(4)  This section does not authorise the sale, supply or consumption of liquor on any licensed premises contrary to a restriction or prohibition imposed by or under this Act in respect of the trading hours for the licensed premises.
Division 2 Hotel licences
14   Authorisation conferred by hotel licence
(1)  A hotel licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on or away from the licensed premises.
(2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are as follows—
(a)  during the standard trading period or at such other times as may be authorised by an extended trading authorisation,
(b)  on 31 December in any year (but without limiting the operation of any extended trading authorisation)—from the start of the standard trading period for that day until 2 am on the next succeeding day,
(c)  at any time on any day (including a restricted trading day) to a resident of the licensed premises or to a guest of such a resident while the guest is in the resident’s company.
(3) Restricted trading days Despite subsection (2)(a), the times when liquor may be sold for consumption on the licensed premises on a restricted trading day are as follows—
(a)  between midnight and 5 am on that day (but only if authorised by an extended trading authorisation),
(b)  between noon and 10 pm on that day.
(3A)  In the case of Christmas Day, liquor must not be sold for consumption on the licensed premises between noon and 10 pm unless it is sold with or ancillary to a meal served in a dining area on the licensed premises.
(4) Trading hours for consumption away from premises Liquor may be sold for consumption away from the licensed premises during the standard trading period or at such other times as may be authorised by an extended trading authorisation.
(4A)  An extended trading authorisation must not authorise the sale after 10 pm on any day of liquor for consumption away from the licensed premises.
(5) No take-away sales on restricted trading days However, the sale of liquor for consumption away from the licensed premises is not authorised on a restricted trading day.
(6) Functions on other premises A hotel licence also authorises the licensee to sell liquor by retail for the purposes of a function to be held on such other premises as the Authority may, on application by the licensee, authorise, but only for consumption on those premises and at such times as may be specified by the Authority in the licence.
Note.
 Section 51 applies to an authorisation referred to in this subsection.
15   Hotel licence—general provisions
(1)  The following provisions apply in relation to a hotel licence (the hotel primary purpose test)—
(a)  except as provided by section 15A, the primary purpose of the business carried out on the licensed premises must at all times be the sale of liquor by retail,
(b)  the keeping or operation of gaming machines (as authorised under the Gaming Machines Act 2001) on the licensed premises must not detract unduly from the character of the hotel or from the enjoyment of persons using the hotel otherwise than for the purposes of gambling.
(2)  The authorisation conferred by a hotel licence does not apply unless the hotel primary purpose test is complied with in relation to the licensed premises.
(3)  Any premises (other than the actual hotel) that are authorised by the Authority for the sale of liquor under a hotel licence are, for the purposes of this Act, taken to be part of the licensed premises to which the licence relates.
15A   Cessation of liquor sales during trading hours
(1) Extended trading periods A hotelier may, at any time during the period that an extended trading authorisation is in force in relation to the licensed premises—
(a)  cease to sell or supply liquor on the licensed premises, and
(b)  continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings and for gambling activities that are otherwise permitted on the premises).
(2) Authority may approve of cessation of liquor sales during standard trading period A hotelier may, at any time during the standard trading period—
(a)  cease to sell or supply liquor on the licensed premises, and
(b)  continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings and for gambling activities that are otherwise permitted on the premises),
but only with the approval of the Authority.
(3)  An application for the approval of the Authority under subsection (2) may be made by the hotelier concerned. Any such application must be accompanied by the fee prescribed by the regulations.
(4)  The Authority may give its approval only if it is satisfied that—
(a)  the operation of gaming machines on the licensed premises during the period to which the approval relates will not detract unduly from the character of the hotel, and
(b)  gambling activities on the licensed premises will be conducted in a responsible manner.
(5) Cessation of liquor sales during standard trading period without gambling activities A hotelier may, at any time during the standard trading period—
(a)  cease to sell or supply liquor on the licensed premises, and
(b)  continue to provide, or make available, other services and facilities on the licensed premises (such as food and non-alcoholic beverages, entertainment and the use of the premises for conferences or meetings).
However, it is a condition of the licence that the licensed premises must not be used for the purposes of any gambling activities during any such time that liquor is not being sold or supplied unless an approval is in force under subsection (2) in relation to the licensed premises.
16   Hotel licence may be designated as a general bar licence
(1)  The Authority may, in granting a hotel licence, designate the licence as a general bar licence and specify in the licence that it is a general bar licence.
(2)  The designation of a hotel licence as a general bar licence cannot be changed.
(3)  It is not lawful to keep or operate gaming machines on the premises to which a general bar licence relates. Accordingly, the keeping or operation of gaming machines on any such premises cannot be authorised under the Gaming Machines Act 2001.
(4)  Despite section 14, a general bar licence does not authorise the sale or supply of liquor for consumption away from the licensed premises at any time.
17   Hotel licence—miscellaneous conditions
(1) Cash advances prohibited A hotelier must not—
(a)  provide a cash advance in the hotel, or
(b)  permit a cash advance to be provided in the hotel on behalf of the hotelier,
except as a prize or bonus won as a direct or indirect consequence of participating in a form of gambling that may lawfully be conducted on the licensed premises.
(2) Hotels must be open to general public The business carried out under a hotel licence must not be, or include, a business that is limited to the sale or supply of liquor only—
(a)  to persons who have been invited to use or attend the hotel, or
(b)  to a particular class, or particular classes, of persons using or attending the hotel.
(3)  Subsection (2) is subject to such exceptions as may be approved by the Authority on a temporary basis in relation to any particular hotel or to such other exceptions as may be prescribed by the regulations. Also, subsection (2) does not apply to the extent that is necessary to comply with any other provision of this Act or with any other law.
(4) Food must be made available Liquor may only be sold or supplied in a hotel if food of a nature consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on the premises for consumption on the premises. If any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.
(5) Prohibition on residents and employees drinking liquor in bar area outside trading hours Liquor may not be sold or supplied to, or consumed by, a resident or an employee of the licensee in a bar area of the hotel except at the time when liquor is authorised to be sold or supplied to other persons in that or any other bar area of the hotel. This subsection has effect despite any other provision of this Act, but is subject to subsection (6).
(6)  The Authority may, on application by a hotelier, authorise the use of a bar area of the hotel for the sale, supply or consumption of liquor exclusively to, or by, residents at a time when liquor may not otherwise be sold or supplied in a bar area of the hotel.
Note.
 Section 51 applies to an authorisation referred to in this subsection.
Division 3 Club licences
18   Authorisation conferred by club licence
(1)  A club licence authorises the licensee to sell liquor by retail on the licensed premises to a member of the club (or a guest of a member of the club) for consumption on or away from the licensed premises.
(2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are as follows—
(a)  during the standard trading period or at such other times as may be authorised by an extended trading authorisation,
(b)  on 31 December in any year (but without limiting the operation of any extended trading authorisation)—from the start of the standard trading period for that day until 2 am on the next succeeding day.
(3) Trading hours for consumption away from premises Liquor may be sold for consumption away from the licensed premises during the standard trading period or at such other times as may be authorised by an extended trading authorisation.
(3A)  An authorisation under this section must not authorise the sale after 10 pm on any day of liquor for consumption away from the licensed premises.
(4) No take-away sales on restricted trading days However, the sale of liquor for consumption away from the licensed premises is not authorised on a restricted trading day.
19   Club licence—general provisions
(1)  A club licence may only be granted to a club that—
(a)  meets the requirements specified in section 10(1) of the Registered Clubs Act 1976, and
(b)  otherwise complies with the requirements of that Act.
(2)  If a registered club owns or occupies more than one set of premises—
(a)  each set of premises must be separately licensed under this Act, and
(b)  the entity comprising the registered club is the licensee for each set of licensed premises.
(3)  The regulations may create exceptions to this section.
20   Club licence—miscellaneous conditions
(1)  The following requirements apply in relation to a registered club—
(a)  the club must not hold a hotel licence or acquire any financial interest in a hotel,
(b)  the manager of the licensed premises must not provide a cash advance on the premises, or permit a cash advance to be provided on the premises on behalf of the club otherwise than as a prize or bonus won as a direct or indirect consequence of participating in a form of gambling that may lawfully be conducted on the licensed premises.
(2)  Subsection (1)(a) does not apply to or in respect of a hotelier’s licence or financial interest in a hotel that was granted to (or acquired by) a club before 2 April 2002.
Note.
 The prohibition on a registered club holding a hotelier’s licence or acquiring a financial interest in a hotel was previously contained in section 9A(1AA) of the Registered Clubs Act 1976 (as inserted by Schedule 3[6] to the Gaming Machines Act 2001). The previous prohibition did not apply to licences or financial interests granted or acquired before the commencement of section 9A(1AA)—see clause 89 of Schedule 2 to the Registered Clubs Act 1976.
Division 3A Small bar licences
20A   Authorisation conferred by small bar licence
A small bar licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on the licensed premises only.
Note.
 Gaming machines in small bars are prohibited under the Unlawful Gambling Act 1998.
20B   Trading hours for small bars
(1)  The times when liquor may be sold under the authority conferred by a small bar licence are during the standard trading period or at such other times as may be authorised by an extended trading authorisation.
(2)  In the case of a small bar that is situated in an area that is not a prescribed precinct, an extended trading authorisation under section 49A is, on the granting of the licence, taken to be in force authorising the sale or supply of liquor on the licensed premises between midnight and 2 am on any day of the week.
Note.
 Small bars in a non-prescribed precinct can apply for longer trading periods under section 49A. Small bars in a prescribed precinct can also apply for an extended trading authorisation under section 49A to trade after midnight.
(3)  This section does not authorise liquor to be sold in a small bar on a restricted trading day.
(4)  Subsection (3) does not apply in relation to the period between midnight and such later time as may be authorised by an extended trading authorisation on a restricted trading day that immediately follows a day that is not a restricted trading day.
(5)    (Repealed)
20C   Small bar licence—miscellaneous conditions
(1) Maximum number of patrons Liquor must not be sold or supplied in a small bar if the number of patrons on the premises exceeds 60 or such greater number as may be prescribed by the regulations.
(2) Small bars must be open to general public The business carried out under a small bar licence must not be, or include, a business that is limited to the sale or supply of liquor only—
(a)  to persons who have been invited to use or attend the small bar, or
(b)  to a particular class, or particular classes, of persons using or attending the small bar.
(3)  Subsection (2) is subject to such exceptions as may be approved by the Authority on a temporary basis in relation to any particular small bar or to such other exceptions as may be prescribed by the regulations. Also, subsection (2) does not apply to the extent that is necessary to comply with any other provision of this Act or with any other law.
(4) Food must be made available Liquor may only be sold or supplied in a small bar if food of a nature and quantity consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on the premises. If any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.
Division 4 On-premises licences
21   Certain kinds of premises not to be licensed
(1)  An on-premises licence must not be granted in respect of any premises if the premises—
(a)  are used primarily for the purposes of carrying out a business or activity, or
(b)  are of a kind of premises,
prescribed by the regulations for the purposes of this section.
(2)  The authorisation conferred by an on-premises licence does not apply if the licensed premises—
(a)  are used primarily for the purposes of carrying out any such business or activity prescribed by the regulations, or
(b)  are premises of any such kind prescribed by the regulations.
22   Primary purpose test
(1)  An on-premises licence must not be granted in respect of any premises if the primary purpose of the business or activity carried out on the premises is the sale or supply of liquor.
(2)  The authorisation conferred by an on-premises licence does not apply if the primary purpose of the business or activity carried out on the licensed premises at any time is the sale or supply of liquor.
(3)  Subsections (1) and (2) do not apply if the premises to which the licence or proposed licence relates—
(a)  are part of an airport, or
(b)  are located on land occupied by a tertiary institution and cater for students of that institution.
(4)  Subsections (1) and (2) are also subject to such exceptions as may be prescribed by the regulations.
23   On-premises licence must specify business/activity or kind of licensed premises
(1)  An on-premises licence must specify the kind of business or activity carried out on the licensed premises or the kind of licensed premises to which the licence relates.
(2)  Without limiting the kinds of businesses or activities (or the kinds of premises) in respect of which on-premises licences may be granted, an on-premises licence may be granted in respect of a public entertainment venue.
(3)  More than one kind of business or activity or kind of premises may be specified in an on-premises licence. However, a separate on-premises licence is, except in the circumstances referred to in section 25(6), required for each set of premises.
(4)  The licensed premises to which an on-premises licence relates may be described by reference to the kind of business or activity carried out on the premises or the kind of premises concerned.
Note.
 For example, the terms “licensed restaurant” and “licensed public entertainment venue” are used in this Act to refer to premises in respect of which an on-premises licence relating to a restaurant or public entertainment venue, respectively, is granted.
(5)  The business or activity, or the kind of premises, specified in an on-premises licence may, on application by the licensee, be varied by the Authority. Any such variation may include the addition of a specified business or activity, or a specified kind of premises, in respect of the licence.
(6)  The authorisation conferred by an on-premises licence does not apply if—
(a)  the business or activity carried out on the licensed premises is not the business or activity specified for the time being in the licence, or
(b)  the licensed premises at any time do not comprise premises of the kind specified for the time being in the licence.
24   On-premises licence—sale or supply of liquor must be with or ancillary to other product or service
(1)  An on-premises licence authorises the sale or supply of liquor only if the liquor is sold or supplied for consumption on the licensed premises with, or ancillary to, another product or service that is sold, supplied or provided to people on the licensed premises.
(2) Regulations may limit products or services provided on licensed premises A product or service is not to be considered a product or service for the purposes of subsection (1) if it is, or is of a class, specified by the regulations for the purposes of this subsection.
(3) Authorisation to sell or supply liquor without other product or service Despite subsection (1), the Authority may, on application by the holder of an on-premises licence, endorse the licence with an authorisation that allows liquor to be sold or supplied for consumption on the licensed premises otherwise than with, or ancillary to, the other product or service referred to in that subsection.
Note.
 Section 51 applies to any such authorisation.
(3A)  However, the other product or service must be available on the licensed premises at all times while the authorisation operates to allow liquor to be sold or supplied otherwise than with, or ancillary to, the product or service.
(4)  Subsection (1) does not apply if the premises to which the licence relates—
(a)  are part of an airport, or
(b)  are located on land occupied by a tertiary institution and cater for students of that institution, or
(c)  are exempt from the primary purpose test referred to in section 22.
25   Authorisation conferred by on-premises licence (generally)
(1)  An on-premises licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on the premises only.
(2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are during the standard trading period or at such other times as may be authorised by an extended trading authorisation.
(3) Restricted trading days Despite subsection (2), the times when liquor may be sold for consumption on the licensed premises on a restricted trading day are as follows—
(a)  between midnight and 5 am on that day (but only if authorised by an extended trading authorisation),
(b)  between 5 am and noon on that day (but only if authorised by an extended trading authorisation and only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises),
(c)  between noon and 10 pm on that day (but only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises),
(d)  between 10 pm and midnight on that day (but only if authorised by an extended trading authorisation and only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises).
Note.
 Section 49(7) restricts the granting of an extended trading authorisation for licensed public entertainment venues on restricted trading days.
(4)  Subsection (3) does not apply to—
(a)  licensed premises that are part of an airport, or
(b)  an on-premises licence that relates to a catering service.
(5) Trading on new year’s eve On 31 December in any year, liquor may be sold for consumption on the licensed premises from the start of the standard trading period for that day until 2 am on the next succeeding day. This subsection does not limit the operation of any extended trading authorisation that applies in relation to the licensed premises concerned.
(6) Trading on premises other than licensed premises An on-premises licence also authorises the licensee to sell liquor by retail on such premises and in such circumstances as the Authority may, on application by the licensee, authorise, but only for consumption on those premises and at such times as are specified by the Authority in the licence. Any such premises are, subject to the regulations, taken to be licensed premises for the purposes of this Act.
(7)  The regulations may make provision for or with respect to the granting of an authorisation under subsection (6) (including limiting the circumstances for which such an authorisation may be granted by the Authority).
Note.
 Section 51 also applies to an authorisation under subsection (6).
(8) Special provisions relating to licensed accommodation premises An on-premises licence that relates to accommodation premises also authorises the licensee to sell liquor by retail on the licensed premises—
(a)  for consumption on the licensed premises only—at any time on any day (including a restricted trading day) to a resident (or a guest of a resident while in the resident’s company) or an employee of the licensee, and
(b)  to a resident at any time for consumption away from the licensed premises, but only if—
(i)  the sale is ancillary to the provision of a meal for consumption away from the licensed premises, and
(ii)  the volume of liquor supplied to any such resident on any one day does not exceed 2 litres.
(9) Special provisions relating to licensed vessels Despite any other provision of this section, an on-premises licence that relates to a vessel authorises the licensee to sell liquor by retail to passengers on board the vessel, for consumption on board the vessel only—
(a)  between the period commencing one hour before the vessel starts any voyage or passage and ending 30 minutes after the voyage or passage is completed, or
(b)  at such other times, or in such other circumstances, as the Authority may, on application by the licensee, authorise.
Note.
 Section 51 applies to an authorisation referred to in paragraph (b).
26   Authorisation to sell liquor for consumption away from licensed premises in special circumstances
(1)  Despite section 25(1), liquor may be sold by retail on the licensed premises to which an on-premises licence relates for consumption away from the licensed premises if the licence is, on application by the licensee, endorsed by the Authority with an authorisation for the purposes of this section.
(2)  An authorisation under this section does not authorise the sale of liquor on a restricted trading day.
(3)  In granting an authorisation under this section, the Authority is to specify the circumstances in which, and the times when, liquor may be sold for consumption away from the licensed premises.
(3A)  An authorisation under this section must not authorise the sale after 10 pm on any day of liquor for consumption away from the licensed premises.
(4)  The regulations may make provision for or with respect to the granting of an authorisation under this section (including limiting the circumstances for which such an authorisation may be granted by the Authority).
Note.
 Section 51 applies to an authorisation under this section.
27   Requirement to provide food on licensed premises
(1)  Liquor may only be sold or supplied on the licensed premises to which an on-premises licence relates if food of a nature and quantity consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied under the authorisation of the licence.
(2)  If any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.
(3)  Subsection (1) is subject to such exceptions as may be approved by the Authority in relation to any particular licensed premises.
28   Certain licensed premises must be open to general public
(1)  This section applies to an on-premises licence that relates to—
(a)  a restaurant, or
(b)  a public entertainment venue.
(2)  The business carried out under an on-premises licence to which this section applies must not be, or include, a business that is limited to the sale or supply of liquor only—
(a)  to persons who have been invited to use or attend the licensed premises, or
(b)  to a particular class, or particular classes, of persons using or attending the licensed premises.
(3)  Subsection (2) is subject to such exceptions as may be approved by the Authority on a temporary basis in relation to any particular licensed premises or to such other exceptions as may be prescribed by the regulations. Also, subsection (2) does not apply to the extent that is necessary to comply with any other provision of this Act or with any other law.
Division 5 Packaged liquor licences
29   Authorisation conferred by packaged liquor licence
(1) Retail sales A packaged liquor licence authorises the licensee to sell liquor by retail in sealed containers on the licensed premises, for consumption away from the licensed premises only—
(a)  during the standard trading period or such other period as may be authorised by an extended trading authorisation, or
(b)  in the case of any Sunday that falls on 24 December—from 8 am (or such earlier time as may be authorised by an extended trading authorisation) to 10 pm on that day.
(2) No retail trading on restricted trading days Despite subsection (1), a packaged liquor licence does not authorise the licensee to sell liquor by retail on a restricted trading day.
(3) Selling liquor by wholesale or to employees A packaged liquor licence also authorises the licensee—
(a)  to sell liquor by wholesale, at any time on the licensed premises, to persons authorised to sell liquor (whether by wholesale or by retail), and
(b)  to sell or supply liquor, at any time on the licensed premises, to the employees of the licensee or of a related corporation of the licensee.
(3A)  An extended trading authorisation must not authorise the sale after 10 pm on any day of liquor for consumption away from the licensed premises.
(4) Tastings A packaged liquor licence also authorises the licensee to sell or supply liquor, on the licensed premises and during the trading hours permitted by subsection (1), otherwise than in sealed containers to customers and intending customers for consumption while on the licensed premises, but only for the purposes of tasting.
30   Liquor sales area required if bottle shop is part of another business activity
(1)  If the primary purpose of the business carried out on the premises to which a packaged liquor licence relates is not the sale of liquor for consumption away from the licensed premises, liquor may only be sold under the licence in an area of the licensed premises (the liquor sales area) that is adequately separated from those parts of the premises in which other activities are carried out.
(2)  The principal activity carried out in any such liquor sales area must be the sale or supply of liquor for consumption away from the licensed premises.
31   Restrictions on granting packaged liquor licences
(1)  A packaged liquor licence must not be granted for premises that comprise a general store unless the Authority is satisfied that—
(a)  in the neighbourhood of the premises concerned, 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.
(2)  A packaged liquor licence must not be granted for premises comprising a service station or take-away food shop.
(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 primarily for the retail sale of groceries or associated small items.
service station means premises that are used primarily for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products.
take-away food shop means premises that are used primarily for the preparation and sale of food for immediate consumption away from the premises (whether or not food is also consumed on the premises).
Division 6 Producer/wholesaler licences
32   Wholesale suppliers of liquor
A producer/wholesaler licence authorises the licensee, if the licensee carries on business as a wholesale supplier of liquor—
(a)  to sell liquor by wholesale, at any time on the licensed premises, to persons authorised to sell liquor (whether by wholesale or by retail), and
(b)  to sell or supply liquor, at any time on the licensed premises—
(i)  to the employees of the licensee or of a related corporation of the licensee, and
(ii)  to customers and intending customers for consumption while on the licensed premises, but only for the purposes of tasting.
33   Producers—authorisation conferred by licence
(1)  A producer/wholesaler licence authorises the licensee, if the licensee carries on business as a wine producer, as a producer of cider, perry or mead or as a producer of beer or spirits—
(a)  to sell the licensee’s product by wholesale, at any time on the licensed premises, to persons authorised to sell liquor (whether by wholesale or by retail), and
(b)  to sell the licensee’s product by retail on the licensed premises, for consumption away from the licensed premises only and only if it is supplied in sealed containers, on any day of the week during the standard trading period for that day or during such other period as may be authorised by an extended trading authorisation, and
(c)  to sell or supply the licensee’s product, at any time on the licensed premises, to customers or intending customers for consumption while on the licensed premises, but only for the purposes of tasting, and
(d)  to sell or supply the licensee’s product at an industry show, but only if the local police and the Authority have been notified, in accordance with the regulations, about the industry show by the organiser of the show at least 7 days before it is held, and
(e)  to sell or supply the licensee’s product at a producers’ market or fair, but only if the local police and the Authority have been notified, in accordance with the regulations, about the market or fair by the organiser of the market or fair at least 7 days before it is held, and
(f)  to sell or supply the licensee’s product at any time on the licensed premises to the employees of the licensee or of a related corporation of the licensee, and
(g)  to sell or supply liquor in accordance with a drink on-premises authorisation.
Note.
 See section 50(2) for trading hours in relation to drink on-premises authorisations.
(2)  The authorisation conferred by subsection (1) does not apply unless the primary purpose of the business or activity carried out on the licensed premises is the sale or supply of wine, or the sale or supply of cider, perry or mead, or the sale or supply of beer or spirits, that is the licensee’s product.
(3)  For the purposes of this section, a product is the licensee’s product if—
(a)  in the case of wine or cider, perry or mead—it has been produced on the licensed premises (or a vineyard related to the licensed premises) from fruit grown or honey produced on the licensed premises or vineyard, or
(b)  in the case only of wine—it is uniquely the licensee’s (or a related corporation of the licensee’s) own product, but only if that product contains not less than a percentage of wine, as prescribed by the regulations, that has been produced—
(i)  by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises or a vineyard related to the licensed premises, or
(ii)  on the licensee’s behalf from fruit grown on the licensed premises or a vineyard related to the licensed premises, or
(c)  in the case only of cider, perry or mead—it is uniquely the licensee’s (or a related corporation of the licensee’s) own product that has been produced—
(i)  by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises, or
(ii)  on the licensee’s behalf from fruit grown or honey produced by the licensee, or
(d)  in the case of beer or spirits—it has been produced on the licensed premises and is uniquely the licensee’s (or a related corporation of the licensee’s) own product.
(4)  For the purposes of subsection (3), a vineyard is related to licensed premises if it—
(a)  is operated by the licensee (or a related corporation of the licensee), and
(b)  is within 500 metres of the licensed premises.
(5)  In this section—
industry show means a wine, beer, spirits or other liquor show at which liquor products are promoted and that is held by an industry association.
producers’ market or fair means a market or fair—
(a)  at which farmers or primary producers display and sell their products directly to the public, and
(b)  that is conducted in accordance with such requirements as may be prescribed by the regulations (including requirements relating to the number of stalls at the market or fair).
34   (Repealed)
35   Producers—miscellaneous provisions
(1)  This section applies in relation to a producer/wholesaler licence under which the licensee carries on business as a wine producer, as a producer of cider, perry or mead or as a producer of beer or spirits.
(2) Multiple premises Despite any other provision of this Act, the licensed premises to which a producer/wholesaler licence relates may, in the case of a wine producer only, comprise more than one set of premises, but only if—
(a)  each set of premises is operated by the licensee, and
(b)  the premises are all located in the same wine region (as determined in accordance with the regulations).
(3) Industry shows Liquor may only be sold or supplied by the licensee at an industry show in accordance with section 33(1)(d)—
(a)  to customers or intending customers for consumption at the licensee’s display area, but only for the purposes of tasting, or
(b)  in sealed containers for consumption away from the industry show.
(4) Producers’ markets or fairs Liquor may only be sold or supplied by the licensee at a producers’ market or fair in accordance with section 33(1)(e)—
(a)  to customers or intending customers for consumption at the licensee’s stall, but only for the purposes of tasting, and
(b)  in sealed containers for consumption away from the market or fair.
(5)  Liquor must not be sold or supplied by the licensee at any such industry show, or at any such market or fair, to a person who is intoxicated.
Division 7 Limited licences
36   Authorisation conferred by limited licence
(1) General scope of limited licence A limited licence authorises the licensee to sell or supply liquor on the licensed premises—
(a)  in the case of a licence granted on behalf of a non-proprietary association—
(i)  for consumption on the licensed premises only, and
(ii)  only as part of, or in connection with, a function held in accordance with this Division, and
(b)  in the case of a licence granted in respect of a function that is a trade fair—for consumption on or away from the licensed premises.
(2) Sale or supply of liquor must be ancillary to purpose of function The authorisation conferred by a limited licence does not apply unless the sale or supply of liquor at any function held under the licence is ancillary to the purpose for which the function is held.
(3) Maximum number of functions per year The number of functions held under a limited licence is not to exceed 52 per year or such other number as the Authority considers appropriate in any particular case. This subsection does not apply in relation to a function referred to in subsection (5) or (6).
(4) Notification requirements Liquor may only be sold or supplied under a limited licence at a function if notice, in the form and manner approved by the Secretary, of the function has been given to the local police at least 14 days before it is held. This subsection does not apply in relation to a function referred to in subsection (5) or (6).
(5) Social functions held on premises of surf life saving clubs In the case of a limited licence held on behalf of a surf life saving club, the licence also authorises the sale or supply of liquor at any gathering (referred to in this Division as a club social function) of the members of the club and their guests that—
(a)  has been organised by the club, and
(b)  is 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,
but only if notice has, at least 14 days before the day of the club social function, been given to the local police and the local council in whose area the function is to be held.
(6) Special functions held on race days In the case of a limited licence held on behalf of a racing club, the licence also authorises liquor to be sold or supplied at functions held on any day on which—
(a)  the racing club holds race meetings or operates a betting auditorium authorised under section 24 of the Betting and Racing Act 1998, or
(b)  betting authorised by section 8(6)(f) of the Unlawful Gambling Act 1998 takes place at premises occupied by the racing club.
(7)  This section does not apply in relation to a limited licence granted under section 39 in respect of a special event.
37   Limited licence—general provisions
(1)  Except in the case of a limited licence granted under section 39 in respect of a special event, a limited licence may only be granted to—
(a)  an individual on behalf of a non-proprietary association, or
(b)  an individual in respect of a trade fair.
Note.
 A non-proprietary association includes a registered club or any other club.
(2)  The Authority may grant a limited licence authorising the sale or supply of liquor on the licensed premises only if the Authority is satisfied that the licence will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.
(3)  A limited licence is not to be granted if the Authority is of the opinion that the sale or supply of liquor under the licence would more appropriately be provided under another kind of licence.
38   Limited licence—miscellaneous conditions
(1) How and when liquor may be sold or supplied Liquor may only be sold or supplied on the licensed premises to which a limited licence relates—
(a)  by way of opened cans, opened bottles or other opened containers (except in the case of a trade fair in respect of which consumption away from the licensed premises is authorised), and
(b)  at such times as are specified by the Authority in the licence (except in the case of club social functions held by a surf life saving club).
Note.
 Subsection (4) deals with the trading hours for club social functions held by surf life saving clubs.
(2)  The trading hours for licensed premises to which a limited licence relates cannot include the time between 3 am and 6 am.
(3) Supervision requirements Liquor may only be sold or supplied on the licensed premises to which a limited licence relates if—
(a)  the licensee is present on those premises at all times when liquor is being provided under 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 by the licensee as the person in charge of the sale and supply of liquor at the function or event is present on the premises at any time when the licensee cannot be present on those premises.
(4) Surf life saving clubs—club social functions In the case of a limited licence held on behalf of a surf life saving club, liquor may only be sold or supplied at a club social function in accordance with the following requirements—
(a)  the function must be held on the club’s 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,
(b)  the licensee must ensure that a register, in which such details as the Authority may require concerning any such function are recorded, is kept on the premises,
(c)  the function must have been approved by resolution recorded in the records of the governing body of the club,
(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,
(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,
(f)  liquor must not be made available at the function for a period of more than 4 hours,
(g)  a member of the club who is an adult and who is not intoxicated must be present in the immediate vicinity of the bar area at all times that minors are present at the function,
(h)  police officers and 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.
(4A)  If, for the purposes of subsection (4)(d), any requirements are prescribed by the regulations in relation to the nature of any such food, those requirements must be complied with.
(5)  This section does not apply in relation to a limited licence granted under section 39 in respect of a special event.
39   Limited licence for special event
(1)  The Authority may grant a limited licence that authorises the licensee to sell or supply liquor only—
(a)  for consumption on the premises specified in the licence, and
(b)  on a day or days specified in the licence (being a day or days during which a special event is held).
(2)  The times when liquor may be sold or supplied under the licence are to be specified in the licence.
(3)  The authorisation conferred by a limited licence does not apply unless the sale or supply of liquor under the licence is ancillary to the special event in respect of which the licence is granted.
(4)  In this section, special event means an event of an infrequent or temporary nature that, in the opinion of the Authority, would have a beneficial social or economic impact on the community at a regional, State or national level.