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Contents (2007 - 90)
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Liquor Act 2007 No 90
Current version for 1 December 2019 to date (accessed 20 February 2020 at 10:09)
Part 3 Division 2
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.