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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 23 February 2020 at 22:47)
Part 3 Division 4
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.