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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 10:53)
Part 3 Division 7
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.