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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 22:57)
Part 4
Part 4 Licensing procedures and related matters
Division 1 Licence applications and granting of licences
40   Licence applications
(1)  Licence applications are to be made to the Authority.
(2)  An application for a licence may be made by—
(a)  an individual, or
(b)  a corporation, or
(c)  in the case of a club licence—a club (or a person on behalf of a club) that meets the requirements specified in section 10(1) of the Registered Clubs Act 1976.
(3)  An application for a licence may not be made by—
(a)  an individual who is under the age of 18 years, or
(b)  a person who is disqualified from holding a licence or who holds a suspended licence, or
(c)  an individual who is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012.
Note.
 Controlled members are prohibited from applying for licences—see section 27 of the Crimes (Criminal Organisations Control) Act 2012.
(4)  An application for a licence must—
(a)  be in the form and manner approved by the Authority, and
(b)  be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and
(c)  be advertised in accordance with the regulations, and
(d)  comply with such other requirements as may be approved by the Authority or prescribed by the regulations.
Note.
 See also section 48 which requires a community impact statement to be provided with certain licence applications.
(5)  If, before an application for a licence is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including any information provided in accordance with this subsection), the applicant must immediately notify the Authority of the particulars of the change.
41   Statement as to interested parties
(1)  An application for a licence must be accompanied by a written statement, made by a person having knowledge of the facts, specifying—
(a)  that the person has made all reasonable inquiries to ascertain the information required to complete the statement, and
(b)  whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and
(c)  if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.
(2)  For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive—
(a)  any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or
(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.
(3)  The regulations may provide exceptions to this section.
42   Investigations, inquiries and referrals in relation to licence applications
(1)  If the Authority receives an application for a licence, the Authority—
(a)  may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application, and
(b)  is to refer the application to the Secretary (unless the regulations otherwise provide).
(2)  The Secretary is to inquire into, and to report to the Authority on, such matters in relation to the application as the Authority may request.
(3)  For the purposes of subsection (2), the Secretary may carry out such investigations and inquiries in relation to the application as the Secretary considers necessary.
(4)  In particular, the Secretary may refer to the Commissioner of Police details of the application together with any supporting information in relation to the application that the Secretary considers to be appropriate for referral to the Commissioner.
(5)  The Commissioner of Police may inquire into, and report to the Secretary on, such matters concerning the application as the Secretary may request.
43   Authority or Secretary may require further information
(1)  The Authority or the Secretary may, by notice in writing, require a person who has applied to the Authority for a licence, or a close associate of any such person, to do one or more of the following things—
(a)  provide, in accordance with directions in the notice, such information as, in the opinion of the Authority or the Secretary, is relevant to the investigation of the application and is specified in the notice,
(b)  produce, in accordance with directions in the notice, such records as, in the opinion of the Authority or the Secretary, are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,
(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
(d)  furnish to the Authority or the Secretary such authorisations and consents as the Authority or the Secretary requires for the purpose of enabling the Authority or the Secretary to obtain information (including financial and other confidential information) from other persons concerning the person and the person’s associates.
(2)  A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
(3)  The Authority may refuse to determine an application if a requirement made under this section in relation to the application is not complied with.
44   Submissions to Authority in relation to licence applications
(1)  Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for a licence.
(2)  If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the licence.
45   Decision of Authority in relation to licence applications
(1)  The Authority may, after considering an application for a licence and any submissions received by the Authority in relation to the application, grant the licence or refuse to grant the licence. The Authority may determine the application whether or not the Secretary has provided a report in relation to the application.
(2)  The Authority may, in such circumstances as the Authority considers appropriate, treat an application for a licence as having been withdrawn.
(3)  The Authority must not grant a licence unless the Authority is satisfied that—
(a)  the applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, and
(b)  practices will be in place at the licensed premises as soon as the licence is granted that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place, and
(c)  if development consent is required under the Environmental Planning and Assessment Act 1979 (or approval under Part 3A or Part 5.1 of that Act is required) to use the premises for the purposes of the business or activity to which the proposed licence relates—that development consent or approval is in force.
Note.
 Section 48 also requires the Authority to be satisfied of certain other matters before granting a hotel, club or packaged liquor licence.
(4)  The regulations may also provide mandatory or discretionary grounds for refusing the granting of a licence.
(5)  Without limiting subsection (3)(a), a person is not a fit and proper person to carry on the business or activity to which a proposed licence relates if the Authority has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the person—
(a)  that the person—
(i)  is a member of, or
(ii)  is a close associate of, or
(iii)  regularly associates with one or more members of,
a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and
(b)  that the nature and circumstances of the person’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the person is granted a licence.
(5A)  Without limiting subsection (3)(a), in determining whether an applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, the Authority is to consider whether the applicant—
(a)  is of good repute, having regard to character, honesty and integrity, and
(b)  is competent to carry on that business or activity.
(6)  The Authority is not, under this or any other Act or law, required to give any reasons for not granting a licence because of subsection (5) to the extent that the giving of those reasons would disclose any criminal intelligence.
46   Duration of licences
(1)  Except during any period of suspension, a licence continues to be in force until such time as it is surrendered to the Authority, cancelled or otherwise ceases to be in force or, in the case of a licence that is granted for a specified term, when that term expires.
(2)  A licence may be surrendered only in accordance with such arrangements as may be approved by the Authority.
46A   Voluntary suspension of licence
(1)  A licensee may apply to the Authority to have the licence suspended by the Authority for a specified period.
(2)  An application for the suspension of a licence must—
(a)  be in the form and manner approved by the Authority, and
(b)  specify the period that the licensee is seeking to have the licence suspended, and
(c)  specify the reasons for the proposed suspension, and
(d)  be accompanied by such fee as may be prescribed by the regulations.
(3)  The Authority may, if the Authority is satisfied that the suspension of the licence is reasonable in the circumstances, suspend the licence, by notice in writing to the licensee, for the period specified in the notice.
Note.
 A licence may also be suspended by or under section 58B, 61(5A), 130C or 130D, Part 9 or 9A or by a court under section 148.
(4)  The Authority may, on application by a licensee and on payment of such fee as may be prescribed by the regulations, vary or revoke the suspension of a licence under this section.
47   Granting of licence
(1)  The regulations may prescribe, or provide for the determination of, a fee for the granting of a licence. If any such fee is prescribed or determined, the licence does not take effect unless the fee has been paid.
(2)  The Authority may, in granting a licence, specify requirements that are to be complied with before the licence takes effect. The licence does not take effect until such time as any such requirements have been complied with.
(3)  A licence is to be in the form approved by the Authority.
Division 1A Temporary freeze on licences and other authorisations in prescribed precincts
47A   Definitions
(1)  In this Division—
freeze period means the period ending on 1 June 2018 or such earlier or later date as may be prescribed by the regulations.
subject premises means any premises situated wholly or partly in a prescribed precinct.
(2)  A regulation made after the substitution of this subsection by the Liquor Amendment (Reviews) Act 2017 that extends the freeze period has effect only if it is made before the end of the freeze period.
(2A)    (Repealed)
(3)  A reference in this Division—
(a)  to a public entertainment venue does not (except where otherwise expressly provided) include a reference to a cinema or theatre, and
(b)  to a producer/wholesaler licence is a reference to such a licence only to the extent that the licence authorises, or would authorise, the sale of liquor by retail (other than the retail sale of liquor at an industry show or a producers’ market or fair in accordance with section 33(1)(d) or (e)).
47AA   Small bars excluded
This Division does not apply to or in respect of subject premises—
(a)  that comprise a small bar, and
(b)  that would, as a result of any application under this Act or an application for development consent as referred to in section 47I, continue to comprise a small bar.
47AB   Premises excluded by regulations
This Division does not apply to or in respect of specified subject premises, or classes of subject premises, prescribed by the regulations.
47B   Restrictions on granting new licences
(1)  During the freeze period, the following types of licences must not be granted for subject premises—
(a)  hotel licence,
(b)  club licence,
(c)  on-premises licence that relates to a public entertainment venue,
(d)  packaged liquor licence.
(e)    (Repealed)
(2)    (Repealed)
47C   Restrictions on granting extended trading authorisations
During the freeze period—
(a)  an extended trading authorisation may only be granted in relation to subject premises if it authorises the sale or supply of liquor on the premises for a special occasion that takes place on a specified date and not on a regular basis, and
(b)  an extended trading authorisation applying to subject premises must not be varied so as to increase the trading hours of the premises.
47D   Restrictions on varying or revoking licence conditions
(1)  During the freeze period, the conditions to which a licence is subject, being a licence to which this section applies that is held in respect of subject premises, must not be varied or revoked if any such variation or revocation would result in an increase in the trading hours of the subject premises.
(2)  Without limiting the operation of subsection (1), the Authority must not, during the freeze period, take action under any other provision of this Act to vary or revoke the conditions to which a licence is subject, being a licence to which this section applies that is held in respect of subject premises, if the Authority is satisfied that the variation or revocation of the condition is likely to result in an increase in the patron capacity of the premises.
(3)  This section applies to the following types of licences—
(a)  hotel licence,
(b)  club licence,
(c)  on-premises licence that relates to a public entertainment venue (including a cinema or a theatre),
(d)  on-premises licence that relates to a restaurant,
(e)  packaged liquor licence,
(f)  producer/wholesaler licence.
47E   Restrictions on granting authorisations under section 24(3)
(1)  During the freeze period, an authorisation under section 24(3) must not be granted in relation to subject premises for which any of the following types of licences is held—
(a)  on-premises licence that relates to a public entertainment venue,
(b)  on-premises licence that relates to a restaurant.
(2)    (Repealed)
47F   Restrictions on approving licence removals
(1) Removal of licence from premises situated outside of prescribed precinct During the freeze period, the removal of any of the following types of licences must not be approved if the licence would be removed to subject premises from premises that are not situated in the prescribed precinct in which the subject premises are situated—
(a)  hotel licence,
(b)  club licence,
(c)  on-premises licence that relates to a public entertainment venue,
(d)  packaged liquor licence.
(e)    (Repealed)
(2)  During the freeze period, the Authority must not approve the removal of an on-premises licence (other than an on-premises licence that relates to a public entertainment venue) or a producer/wholesaler licence to subject premises from premises that are not situated in the prescribed precinct in which the subject premises are situated if the Authority is satisfied that the patron capacity of the subject premises will be more than the patron capacity of the premises from which the licence would be removed.
(3) Removal of licence between premises in same prescribed precinct During the freeze period, the Authority must not approve the removal of a licence, being a licence to which this subsection applies, to subject premises from other premises situated in the same prescribed precinct in which the subject premises are situated if the Authority is satisfied that the patron capacity of the subject premises will be more than the patron capacity of the premises from which the licence would be removed.
(4)  Subsection (3) applies to the following types of licences—
(a)  hotel licence,
(b)  club licence,
(c)  on-premises licence,
(d)  packaged liquor licence,
(e)  producer/wholesaler licence.
47G   Restrictions on changing boundaries of premises
(1)  During the freeze period, the Authority must not change the specified boundaries (as referred to in section 94) of subject premises to which this subsection applies if the Authority is satisfied that the change in the boundaries of the premises is likely to result in an increase in the patron capacity of the subject premises.
(2)  Subsection (1) applies to subject premises in respect of which any of the following types of licences is held—
(a)  hotel licence,
(b)  club licence,
(c)  on-premises licence,
(d)  packaged liquor licence,
(e)  producer/wholesaler licence.
(3)  Without limiting subsection (1), the specified boundaries of any licensed premises to which a producer/wholesaler licence relates (being a producer/wholesaler licence to which section 35 applies) must not, during the freeze period, be changed if the change would result in the licensed premises being situated in a prescribed precinct.
47H   Restrictions on licence conditions imposed by Secretary
(1)  During the freeze period, the Secretary must not, except in such cases as the Secretary considers appropriate, impose a condition on a licence, or vary or revoke any condition of a licence, being a licence to which this section applies that is held in respect of subject premises, if the Secretary is satisfied that the condition, or the variation or revocation of the condition, is likely to result in an increase in the patron capacity of the premises.
(2)  This section applies to the following types of licences—
(a)  hotel licence,
(b)  club licence,
(c)  on-premises licence that relates to a public entertainment venue (including a cinema or a theatre),
(d)  on-premises licence that relates to a restaurant,
(e)  packaged liquor licence,
(f)  producer/wholesaler licence.
(3)  Subsection (1) does not limit the operation of section 47D(1).
47I   Restrictions on granting development consent in relation to subject premises
(1)  During the freeze period, development consent to carry out development on subject premises must not be granted by a consent authority if the development requires a licence, approval, authorisation or other action under this Act that cannot be granted or taken because of the operation of the other provisions of this Division.
(2)  For the purposes of subsection (1), any matter under those other provisions of which the Authority is required to be satisfied is to be a matter of which the consent authority is required to be satisfied.
(3)  This section does not apply to or in respect of an application for development consent to carry out development on subject premises for the purposes of a restaurant.
(4)  This section does not prevent—
(a)  an application for development consent from being amended under the EP&A Act by the applicant for the purposes of removing or modifying that part of the application that would otherwise prevent it from being granted because of subsection (1), or
(b)  the consent authority from determining any such amended application in accordance with that Act.
(5)  A reference in this section—
(a)  to an application for development consent includes a reference to an application to modify an existing development consent, and
(b)  to the granting of development consent includes a reference to the modification of a development consent.
(6)  A reference in this section to a consent authority includes, in the case of any development that is complying development, a reference to a certifying authority.
(7)  The provisions of the EP&A Act that provide for an appeal to the Land and Environment Court on the basis that the period for determining an application for development consent has expired before the application is determined do not, for the duration of the freeze period, apply in relation to an application for development consent that cannot be granted by the consent authority because of this section. In the case of any such application for development consent, the period under the relevant provision of the EP&A Act for determining the application is taken to commence immediately on the expiration of the freeze period.
(8)  Words and expressions used in this section or in section 47J that are defined in the EP&A Act have the same meaning as in that Act.
(9)  In this section—
47J   Regulations
The regulations may—
(a)  impose restrictions on the granting or determination, during the freeze period, of any type of licence or other matter in relation to subject premises (being a type of licence or matter that could be granted under this Act and is not otherwise dealt with under this Division), and
(b)  impose restrictions on the granting, during the freeze period, of development consent to carry out development on subject premises (being development consent that is not otherwise restricted by the operation of section 47I and that relates to the carrying out of development to which the other provisions of this Division apply), and
(c)  provide exceptions to all or any part of this Division.
(d)    (Repealed)
Division 2 Miscellaneous provisions relating to licences and licence-related authorisations
48   Community impact
(1)  The object of this section is to facilitate the consideration by the Authority of the impact that the granting of certain licences, authorisations or approvals will have on the local community, in particular by providing a process in which the Authority is made aware of—
(a)  the views of the local community, and
(b)  the results of any discussions between the applicant and the local community about the issues and concerns that the local community may have in relation to the application.
(2)  In this section—
relevant application means any of the following—
(a)  an application for a hotel licence, club licence, small bar licence or packaged liquor licence,
(b)  an application under section 59 for approval to remove a hotel licence, club licence, small bar licence or packaged liquor licence to other premises,
(c)  an application for an extended trading authorisation in relation to a hotel licence, club licence, small bar licence or packaged liquor licence,
(d)  an application for an extended trading authorisation in relation to an on-premises licence (but only if the authorisation will result in trading at any time between midnight and 5 am),
(e)  an application for an extended trading authorisation in relation to a producer/wholesaler licence (but only if the authorisation will result in retail trading at any time between midnight and 5 am),
(f)  any particular application (or class of application) that is required by the Authority to be accompanied by a community impact statement,
(g)  any other application of a kind prescribed by the regulations or made in such circumstances as may be prescribed by the regulations,
but does not include any application for an extended trading authorisation in relation to a special occasion (as referred to in section 49(5)(b) or (5A) or 49A(3)(b)).
(3)  A relevant application must be accompanied by a community impact statement.
(3A)  However, a small bar application is not required to be accompanied by a community impact statement if—
(a)  development consent is required under the Environmental Planning and Assessment Act 1979 to use the premises to which the application relates as a small bar or to sell liquor during the times to which the application relates, and
(b)  the local police and the Secretary are, no more than 2 working days after the application for the required development consent, or any variation to that application, is made, notified by the applicant of the making of the application for development consent or of the variation to that application.
(3B)  For the purposes of subsection (3A), a small bar application means any of the following—
(a)  an application for a small bar licence,
(b)  an application for approval to remove a small bar licence to other premises,
(c)  an application for an extended trading authorisation for a small bar,
(d)  an application to vary an extended trading authorisation for a small bar.
(3C)  An application (other than an application under clause 39 of Schedule 1) for a small bar licence is not, despite subsection (3), required to be accompanied by a community impact statement if—
(a)  the application relates to the same premises as the premises to which a general bar licence relates, and
(b)  development consent has been obtained under the Environmental Planning and Assessment Act 1979 to sell liquor during the times to which the application relates and those times are specified in the development consent.
(3D)  Despite subsection (3), an application for a multi-occasion extended trading authorisation (as referred to in section 49B) is not required to be accompanied by a community impact statement if—
(a)  an extended trading authorisation of the kind referred to in section 49(5)(a) is in force in respect of the licensed premises concerned, or
(b)  the application is made in respect of club premises that have unrestricted trading hours in accordance with clause 94 of Schedule 2 to the Registered Clubs Act 1976.
(4)  The community impact statement must—
(a)  be prepared in accordance with the regulations and any requirements of the Authority, and
(b)  be in the form approved by the Authority.
(5)  The Authority must not grant a licence, authorisation or approval to which a relevant application relates unless the Authority is satisfied, after having regard to—
(a)  the community impact statement provided with the application, and
(b)  any other matter the Authority is made aware of during the application process (such as by way of reports or submissions),
that the overall social impact of the licence, authorisation or approval being granted will not be detrimental to the well-being of the local or broader community.
(6)  The regulations may make provision for or with respect to the following—
(a)  the requirements that must be satisfied in relation to the preparation of a community impact statement (including consultation requirements),
(b)  the matters to be addressed by a community impact statement,
(c)  the information to be provided in a community impact statement,
(d)  the criteria for determining the local and broader community for the purposes of a relevant application,
(e)  any other matter relating to the preparation and content of a community impact statement.
(7)  Without limiting subsection (6), the regulations may provide that the matters to be addressed by a community impact statement are, in the case of an application for an extended trading authorisation in relation to a hotel licence, to include matters relating to gambling activities on the licensed premises during the period that the authorisation is proposed to be in force.
49   Extended trading authorisation—general provisions
(1) Application of section This section applies in relation to the following types of licences (referred to in this section as a relevant licence)—
(a)  a hotel licence,
(b)  a club licence,
(c)  an on-premises licence (other than an on-premises licence that relates to a vessel),
(d)  a packaged liquor licence,
(e)  a producer/wholesaler licence.
(2) Extended trading authorisation for consumption on premises In the case of a relevant licence (other than a packaged liquor licence) that authorises the sale or supply of liquor for consumption on the licensed premises, the Authority may, on application by the licensee, authorise the licensee to sell or supply liquor, for consumption on the licensed premises only, during any of the following periods—
(a)  in the case of a hotel licence—a specified period between midnight (other than midnight on a Sunday) and 5 am on any day of the week (other than a Monday),
(b)  in the case of a relevant licence other than a hotel licence—a specified period between midnight and 5 am on any day of the week,
(c)  in any case—a specified period between 5 am and 10 am on a Sunday,
(d)  in any case—a specified period between 10 pm and midnight on a Sunday.
(2A)  Without limiting subsection (2), the Authority may, in the case of an on-premises licence, authorise the licensee, on application by the licensee, to sell or supply liquor for consumption on the licensed premises during any of the following periods—
(a)  a specified period between 5 am and noon on a restricted trading day,
(b)  a specified period between 10 pm and midnight on a restricted trading day.
Note.
 The sale of liquor at these times is subject to the requirement that a meal is also served—see section 25(3).
(3)  Despite subsection (2)(a), the Authority may, in the case of a hotel—
(a)  situated in the area constituting the City of Sydney (as at 1 July 1994), or
(b)  situated in the Kings Cross precinct, or
(b1)  situated in the area including and bounded by the parts of streets specified in Schedule 3 (Oxford Street–Darlinghurst precinct) or that fronts or backs onto, or abuts, any such specified part, or
(c)  situated in the Kosciuszko National Park,
authorise the licensee, on application by the licensee, to sell or supply liquor, for consumption on the licensed premises only, during a specified period between midnight on a Sunday and 5 am on a Monday.
(4) Extended trading authorisation for take-away sales on Sundays In the case of a relevant licence (including a packaged liquor licence) that authorises the sale or supply of liquor for consumption away from the licensed premises, the Authority may, on application by the licensee, authorise the licensee to sell or supply liquor, for consumption away from the licensed premises only, during either or both of the following—
(a)  a specified period between 5 am and 10 am on a Sunday,
(b)    (Repealed)
(5) Nature of extended trading authorisation An extended trading authorisation operates to authorise the sale or supply of liquor on the licensed premises—
(a)  on a regular basis (until such time as the authorisation is varied or revoked by the Authority), or
(b)  if the authorisation so provides—on a special occasion that takes place on a specified date, or
(c)  if the authorisation so provides—on up to 12 separate occasions in any period of 12 months.
(5A)  Despite subsection (2)(a), the Authority may, in the case of a hotel licence, authorise the licensee, on application by the licensee, to sell or supply liquor for consumption on the licensed premises during a specified period between midnight on a Sunday and 5 am on a Monday, but only on or in connection with a special occasion that takes place on a specified date.
(6) Extended trading period to be specified In granting an extended trading authorisation, the Authority is to specify—
(a)  the extended trading hours during which the licensee is authorised to sell or supply liquor, and
(b)  the part or parts of the licensed premises to which the authorisation applies.
(7) Extended trading not permitted on or in relation to restricted trading days—hotels and licensed public entertainment venues Despite any other provision of this section, an extended trading authorisation cannot, in the case of a hotel licence or an on-premises licence that relates to a public entertainment venue (other than a cinema or a theatre), be granted to authorise the sale or supply of liquor for consumption on the licensed premises during any of the following periods—
(a)  between 5 am and noon on a restricted trading day,
(b)  between 10 pm and midnight on a restricted trading day,
(c)  between midnight and 5 am on any day immediately following a restricted trading day.
(8) Restrictions on granting extended trading authorisation The Authority must not grant an extended trading authorisation in respect of licensed premises unless the Authority is satisfied that—
(a)  practices are in place, and will remain in place, at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(b)  the extended trading period will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.
(9)  For the purposes of this section, a special occasion means the occasion of a unique or infrequent event of local, State or national significance that persons independent of the licensee (and of the owner or occupier of the premises) desire to celebrate or mark on the licensed premises concerned.
49A   Extended trading authorisation—small bars
(1)  The Authority may, on application by the holder of a small bar licence, authorise the licensee to sell or supply liquor, for consumption on the licensed premises only, during a specified period outside of the standard trading period for small bars.
Note.
 Small bars that are not in a prescribed precinct are, on the granting of the small bar licence, authorised to trade between midnight and 2 am. See section 20B(2).
(2)  An extended trading authorisation for a small bar cannot authorise the sale or supply of liquor after 5 am or before 10 am on any day of the week.
(3)  An extended trading authorisation in relation to a small bar operates to authorise the sale or supply of liquor on the licensed premises—
(a)  on a regular basis (until such time as the authorisation is varied or revoked by the Authority), or
(b)  if the authorisation so provides—on an occasion considered by the Authority to be a special occasion and that takes place on a specified date, or
(c)  if the authorisation so provides—on up to 12 separate occasions in any period of 12 months.
(4)  In granting an extended trading authorisation for a small bar, the Authority is to specify the trading hours during which the licensee is authorised to sell or supply liquor.
(5)  Section 49(8) applies in relation to an extended trading authorisation granted by the Authority under this section.
49B   Special provisions relating to multi-occasion ETAs
(1)  This section applies to an extended trading authorisation of the kind referred to in section 49(5)(c) or 49A(3)(c) (a multi-occasion extended trading authorisation).
(2)  A multi-occasion extended trading authorisation cannot be granted in respect of licensed premises situated in such part of the State (if any) as may be prescribed by the regulations.
(3)  Despite any other provision of this Act, a multi-occasion extended trading authorisation cannot be granted to authorise the sale or supply of liquor on licensed premises after 3 am.
(4)  A multi-occasion extended trading authorisation is subject to the condition that, at least 6 weeks before liquor is sold or supplied on each occasion authorised by the extended trading authorisation, the following persons or bodies are to be notified by the licensee in the form and manner approved by the Secretary—
(a)  the local police,
(b)  the local consent authority,
(c)  the Secretary.
Note.
 The actual trading hours that operate under a multi-occasion ETA are specified in the ETA—see sections 49(6) and 49A(4).
(5)    (Repealed)
50   Drink on-premises authorisation
(1)  The Authority may, on application by the holder of a producer/wholesaler licence, endorse the licence with an authorisation (referred to as a drink on-premises authorisation) relating to the sale, supply and consumption of liquor on the licensed premises.
(2)  A drink on-premises authorisation authorises the licensee to sell liquor by retail on the licensed premises, for consumption on the licensed premises only—
(a)  on any day of the week (except a restricted trading day)—during the standard trading period for that day or during such other period as may be authorised by an extended trading authorisation, and
(b)  on 31 December in any year—from the start of the standard trading period for that day until 2 am on the next succeeding day, and
(c)  on a restricted trading day—from noon to 10 pm.
51   General provisions relating to licence-related authorisations
(1)  This section applies to the following authorisations granted by the Authority under this Act—
(a)  an extended trading authorisation,
(b)  a drink on-premises authorisation,
(c)  any other authorisation that may be granted by the Authority under Part 3 (other than a licence),
(d)  a minors area authorisation,
(e)  a minors functions authorisation.
(2)  An application for an authorisation to which this section applies must—
(a)  be in the form and manner approved by the Authority (or, in the case of an application for an extended trading authorisation for a small bar, by the Secretary), and
(b)  be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and
(c)  if required by the regulations to be advertised—be advertised in accordance with the regulations, and
(d)  comply with such other requirements as may be approved by the Authority (or, in the case of an application for an extended trading authorisation for a small bar, by the Secretary) or prescribed by the regulations.
(3)  In determining an application for an authorisation, the Authority has the same powers in relation to the application as the Authority has in relation to an application for a licence. The Authority may determine the application whether or not the Secretary has provided a report in relation to the application.
(4)  If, before an application for an authorisation is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including information provided under this subsection), the applicant must immediately notify the Authority of the particulars of the change.
(5)  Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for an authorisation.
(6)  If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the authorisation.
(7)  The regulations may prescribe, or provide for the determination of, a fee in respect of the granting of an authorisation. If any such fee is prescribed or determined, the authorisation does not take effect unless the fee has been paid.
(8)  The Authority may, in granting an authorisation, specify requirements that are to be complied with before the authorisation takes effect. The authorisation does not take effect until such time as any such requirements have been complied with.
(9)  An authorisation—
(a)  is subject to such conditions—
(i)  as are imposed by the Authority (whether at the time the authorisation is granted or at a later time), or
(ii)  as are imposed by or under this Act or as are prescribed by the regulations, and
(b)  may be varied or revoked by the Authority on the Authority’s own initiative or on application by the licensee, the Secretary or the Commissioner of Police.
(10)  Any such application by a licensee to vary or revoke an authorisation (including any conditions to which the authorisation is subject that have been imposed by the Authority) must be accompanied by the fee prescribed by the regulations.
(11)  For the purposes of this Act, any condition to which an authorisation is subject is taken to be a condition of the licence to which the authorisation relates.
(12)  An authorisation has effect only while all the conditions to which it is subject are being complied with.
(13)  The Authority must not impose a condition on an authorisation, or revoke or vary an authorisation, other than a variation made on application by a licensee, unless the Authority has—
(a)  given the licensee to whom the authorisation relates a reasonable opportunity to make submissions in relation to the proposed decision, and
(b)  taken any such submissions into consideration before making the decision.
(14)  This section does not authorise the revocation or variation of a condition to which an authorisation is subject if the condition is imposed by this Act or is prescribed by the regulations.
52   Authority may impose special licence conditions
(1) Conditions relating to harm minimisation The Authority may impose conditions on a licence prohibiting or restricting activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
(2) Conditions relating to serving of liquor The Authority may impose conditions on a licence requiring a licensee, in specified circumstances—
(a)  to cease to serve liquor on the licensed premises, or
(b)  to restrict access to the licensed premises in a manner and to the extent provided by the conditions,
or both, from a time of day that is earlier than the time at which, as otherwise required by the licence, trading must cease.
(3) Conditions relating to local liquor accords The Authority may impose conditions on a licence requiring the licensee to participate in, and to comply with, a local liquor accord.
53   Authority may impose, vary or revoke licence conditions
(1)  Without limiting any other provision of this Act, the Authority may at any time—
(a)  on application by the Secretary or the Commissioner of Police, or
(b)  on the Authority’s own initiative,
impose conditions on a licence.
(1A)  The conditions that may be imposed by the Authority on a licence under this section include, but are not limited to, conditions—
(a)  prohibiting the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both), and
(b)  restricting the trading hours of, and public access to, the licensed premises.
(2)  The Authority may at any time—
(a)  on application by the licensee, the Secretary or the Commissioner of Police, or
(b)  on the Authority’s own initiative,
vary or revoke a condition of a licence that has been imposed (or taken to have been imposed) by the Authority under this Act.
(3)  An application under subsection (1) or (2) must—
(a)  be in the form and manner approved by the Authority, and
(b)  in the case of an application by a licensee—be accompanied by the fee prescribed by the regulations, and
(c)  be accompanied by such information and particulars as may be prescribed by the regulations, and
(d)  if required by the regulations to be advertised—be advertised in accordance with the regulations, and
(e)  comply with such other requirements as may be approved by the Authority or prescribed by the regulations.
(4)  The Authority must not impose a condition on a licence after it has been granted, or vary or revoke a condition that has been imposed (or taken to have been imposed) by the Authority, unless the Authority has—
(a)  given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and
(b)  taken any such submissions into consideration before making the decision.
(5)  Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application under this section to vary or revoke a condition to which a licence is subject.
(6)  If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to vary or revoke the licence condition.
54   Secretary may impose, vary or revoke licence conditions
(1)  Without limiting the power of the Secretary to impose conditions on a licence under any other provision of this Act, the Secretary may impose conditions on a licence for such reasons, or in such circumstances, as the Secretary considers necessary or appropriate.
(1AA)  The Secretary may, on application by the licensee, impose conditions of the kind imposed on a licence under section 116I in respect of a licence relating to premises in a prescribed precinct. Subsection (3) does not apply to such an application.
(1A)  The conditions that may be imposed by the Secretary on a licence include, but are not limited to, conditions—
(a)  prohibiting the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both), and
(b)  restricting the trading hours of, and public access to, the licensed premises.
(2)  The Secretary may, on application by the licensee or the Commissioner of Police or on the Secretary’s own initiative—
(a)  vary or revoke a licence condition that has been imposed by the Secretary under this section or any other provision of this Act, or
(b)  vary or revoke a licence condition—
(i)  relating to the trading hours of any licensed premises, or
(ii)  relating to licensed premises situated wholly or partly in the precinct to which a precinct liquor accord applies or in an area to which a community event liquor accord applies, or
(iii)  relating to licensed premises situated wholly or partly in a prescribed precinct,
that has been imposed (or taken to have been imposed) by the Authority.
(2A)  An application by a licensee under subsection (1AA) or (2) must—
(a)  be made in the form and manner approved by the Secretary, and
(b)  be accompanied by the fee prescribed by the regulations, and
(c)  be accompanied by such information and particulars as may be prescribed by the regulations, and
(d)  if required by the regulations to be advertised—be advertised in accordance with the regulations, and
(e)  comply with such other requirements as may be imposed by the Secretary or prescribed by the regulations.
(2B)  The regulations may provide for the waiver, remittance or postponed payment of the whole or any part of a fee payable under subsection (2A)(b).
(3)  The Secretary must not impose a condition on a licence under this section, or vary or revoke a condition otherwise than on the application of the licensee, unless the Secretary has—
(a)  given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and
(b)  taken any such submissions into consideration before making the decision.
(4)  The power of the Secretary to impose conditions on a licence under this section, or to vary or revoke a condition, may also be exercised in relation to any authorisation to which section 51 applies that is held in relation to the licence concerned.
(5)  Except in the case of a condition imposed under subsection (1A) or in the case of the variation or revocation of a condition referred to in subsection (2)(b), this section does not authorise the Secretary—
(a)  to impose a condition that is inconsistent with a condition that has been imposed by the Authority or is imposed by this Act or the regulations, or
(b)  to vary or revoke a condition of a licence that has been imposed by the Authority or is imposed by this Act or the regulations.
54A   Directions relating to “sale on other premises” authorisations
(1)  The Secretary may give a licensee who is the holder of an authorisation under section 25(6), or any employee or agent of such a licensee, a written direction that relates to the operation of the authorisation.
(2)  Without limitation, any such direction may prohibit or restrict the sale of liquor under the authorisation during such times, or on such premises, as may be specified in the direction.
(3)  A direction under this section—
(a)  takes effect when it is given to the licensee or person concerned or on a later date specified in the direction, and
(b)  may be varied or revoked by the Secretary, and
(c)  has effect despite the authority conferred by the authorisation concerned.
(4)  A licensee or person who fails to comply with a direction under this section is guilty of an offence.
Maximum penalty—100 penalty units.
55   Requirement to provide information in relation to persons interested in licensee’s business
(1)  If a person (other than the licensee or a financial institution) becomes interested in the business, or the conduct of the business, carried out on licensed premises, it is a condition of the licence that the Authority is provided with the following information within 28 days after the other person becomes so interested—
(a)  the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders,
(b)  a statement, signed by the licensee, that the licensee has made all reasonable inquiries to ascertain the information referred to in paragraph (a).
(2)  For the purposes of subsection (1), a person is interested in the business, or the conduct of the business, carried out on licensed premises if the person is entitled to receive—
(a)  any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or
(b)  any rent, profit or other income in connection with the use or occupation of the premises on which the business is to be carried on.
(3)  The information required to be provided to the Authority under this section may be provided by the interested person.
(4)  This section does not apply in relation to limited licences.
(5)  The regulations may create exceptions to this section.
56   Incident registers
(1)  If the sale or supply of liquor after midnight on licensed premises is authorised at least once a week on a regular basis, it is a condition of the licence that the licensee maintains an incident register in the form approved by the Secretary.
(2)  An incident register required to be kept under this section is to record details of the following incidents that occur outside of the standard trading period for the licensed premises or that occur between midnight and 3 am in the case of a limited licence—
(a)  any incident involving violence or anti-social behaviour occurring on the licensed premises,
(b)  any incident of which the licensee is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the licensed premises and that involves a person who has recently left, or been refused admission to, the premises,
(c)  any incident that results in a person being turned out of the licensed premises under section 77,
(d)  any other incident of a kind prescribed by the regulations.
(3)  The incident register must also record details of any action taken in response to any such incident.
(4)  The licensee of licensed premises must, if requested to do so by a police officer or inspector—
(a)  make any incident register kept under this section available for inspection by a police officer or inspector, and
(b)  allow a police officer or inspector to take copies of any such register or to remove any such register from the premises.
(5)  The licensee must also ensure that the information recorded in an incident register is retained for at least 3 years from when the record was made.
57   Authority may establish administrative policies and procedures in relation to licensing matters
(1)  The Authority may approve policies and procedures for administering the licensing scheme under this Act.
(2)  Any such policies and procedures may be applied by the Authority—
(a)  in dealing with applications for licences, authorisations or other matters that may be granted by the Authority under this Act, and
(b)  in determining those applications.
58   Courses of training and instruction for applicants and licensees
(1)  The Authority may require an applicant or class of applicants for such kinds of licences as the Authority determines to attend a course of training or instruction approved by the Secretary.
(2)  If an applicant is required to attend any such course of training, the Authority—
(a)  may refuse to grant the licence until such time as the applicant has completed the course to the standard required by the Authority, or
(b)  may grant the licence subject to the condition that the licensee completes the course to the standard required by the Authority within such time as the Authority determines.
(3)  The regulations may require a licensee, or any employee or agent of a licensee, to undertake and satisfactorily complete such further courses of training or instruction as may be approved by the Secretary.
Division 2A Periodic licence fees
58A   Periodic licence fee
(1)  A periodic licence fee is payable to the Secretary for a licence while the licence is in force or under suspension and is so payable on each due date prescribed by the regulations for the purposes of this section.
(2)  Regulations may be made prescribing the periodic licence fees payable under this section and for and with respect to—
(a)  times for payment of the fees (including payment of different elements of the fees at different times), and
(b)  penalties for late payment of the fees, and
(c)  the circumstances in which the fee, or a proportion of such a fee, may be re-assessed, waived or refunded, and
(d)  information to be provided to the Secretary for the purpose of calculating the fee.
(3)  The regulations may provide that a periodic licence fee (or an element of a periodic licence fee) is to be determined by reference to matters including, but not limited to the following—
(a)  the location of the relevant licensed premises,
(b)  the trading hours of the licensed premises,
(c)  the patron capacity of the licensed premises,
(d)  offences committed at or in relation to the licensed premises,
(e)  compliance by the licensee with the requirements of this or any other Act with respect to the licensed premises,
(f)  the number of packaged liquor licences held by the same person, or in which the same person (other than a financial institution) is interested in the business, or profits of the business, carried on under the licences, or both.
(4)  For the purposes of subsection (3), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive—
(a)  any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or
(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.
58B   Suspension and cancellation for late payment of periodic licence fee
(1)  If the periodic licence fee payable for a licence has not been paid before the expiration of 28 days after the due date for payment as provided by the regulations, the licence is suspended.
(2)  The suspension is lifted if—
(a)  the periodic licence fee, and
(b)  the late payment fee prescribed by the regulations,
are paid within 28 days of the suspension.
(3)  However, if the periodic licence fee payable for a licence and any such late payment fee are not paid before the expiration of the 28 day period after the licence is suspended, the licence is cancelled on the expiration of the period.
58C   Application for reinstatement of cancelled licence
(1)  The following persons may apply to the Secretary for the reinstatement of a licence cancelled by the operation of section 58B—
(a)  the former holder of the licence,
(b)  any other person (other than a financial institution) who is interested in the business, or the profits of the business, carried on under the licence.
(2)  Such an application may only be made within 56 days after the cancellation of the licence.
(3)  An application under this section must—
(a)  be made in the form and manner approved by the Secretary, and
(b)  be accompanied by—
(i)  the unpaid periodic licence fee concerned, and
(ii)  the late payment fee prescribed by the regulations, and
(iii)  the application fee prescribed by the regulations (if any), and
(c)  be accompanied by such information and particulars as may be prescribed by the regulations, and
(d)  comply with such other requirements as may be imposed by the Secretary or prescribed by the regulations.
(4)  The Secretary may reinstate the licence if the Secretary is satisfied that there is a reasonable explanation for the failure to pay the periodic licence fee.
(5)  A cancelled licence that is reinstated under this section is to take effect and continue in force as if the licence had been suspended during the period of cancellation.
(6)  Regulations may be made for and with respect to the circumstances in which a fee that accompanies an application under this section, or a proportion of such a fee, may be waived or refunded.
(7)  For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under a licence if the person is entitled to receive—
(a)  any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or
(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is carried on.
(8)  Sections 23(2) and 28(2) of the Gaming Machines Act 2001 do not apply in relation to a licence that has been cancelled by the operation of section 58B and reinstated under this section.
Division 3 Licence removals and transfers
59   Removal of licence to other premises
(1)  A licensee may apply to the Authority for approval to remove the licence to premises other than those specified in the licence.
(2)  An application for approval to remove a licence to other premises must—
(a)  be in the form and manner approved by the Authority, and
(b)  be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and
(c)  be advertised in accordance with the regulations, and
(d)  comply with such other requirements as may be approved by the Authority or prescribed by the regulations.
(3)  An application for approval to remove a licence to other premises is to be dealt with and determined by the Authority as if it were an application for the granting of a licence in respect of those other premises. Accordingly, the provisions of Division 1, in particular, extend to an application for the removal of a licence to other premises as if it were an application for a licence.
(4)  The Authority may refuse an application for approval to remove a hotel licence if the Authority is satisfied that the removal of the licence would adversely affect the interest of the owner or a lessee or mortgagee of the premises from which it is proposed to remove the hotel licence, or a sublessee from a lessee or sublessee of those premises.
(5)  The Authority must refuse an application for approval to remove a licence unless the Authority is satisfied that—
(a)  practices will, as soon as the removal of the licence takes effect, be in place at the premises to which the licence is proposed to be removed that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on those premises and that all reasonable steps are taken to prevent intoxication on those premises, and
(b)  those practices will remain in place.
(6)  The regulations may provide additional mandatory or discretionary grounds for refusing to approve the removal of a licence.
(7)  The approval to remove a licence to other premises takes effect—
(a)  on payment to the Secretary of the fee prescribed by the regulations, and
(b)  when the Authority endorses the licence to the effect that those other premises are the premises to which the licence relates.
60   Transfer of licence
(1)  The Authority may, on application made in accordance with this section, approve the transfer of a licence to a person who, in the opinion of the Authority, would be entitled to apply for the same type of licence in relation to the licensed premises.
(2)  An application for approval to transfer a licence may be made by the licensee or the person to whom the licence is proposed to be transferred.
(3)  In the case of the transfer of a limited licence that is held by a person on behalf of a non-proprietary association, the application for approval to transfer the licence may be made—
(a)  by the secretary or other relevant office holder of the non-proprietary association, or
(b)  if the non-proprietary association is a local council—by the general manager of the council, or
(c)  if the non-proprietary association is a public authority or community organisation referred to in paragraph (c) of the definition of non-proprietary association in section 4(1)—by the chief executive officer of the authority or organisation.
(4)  An application for approval to transfer a licence must—
(a)  be in the form and manner approved by the Authority, and
(b)  be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and
(c)  if made by a person other than the licensee—be accompanied by the written consent of the licensee to the proposed transfer, and
(d)  comply with such other requirements as may be approved by the Authority or prescribed by the regulations.
(5)  An application for approval to transfer a licence to another person is to be dealt with and determined by the Authority as if it were an application for the granting of a licence to the other person and the other person was the applicant for the licence. Accordingly, the provisions of Division 1 apply in relation to an application under this section.
(6)  A club licence may be transferred to another club only if the Authority is satisfied that the requirements of Division 1A or 1B of Part 2 of the Registered Clubs Act 1976 and of any regulations made for the purposes of this section have, to the extent that they apply in relation to the transfer, been complied with.
Note.
 Division 1A of Part 2 of the Registered Clubs Act 1976 relates to club amalgamations and Division 1B relates to the de-amalgamation of amalgamated clubs.
(7)  The Authority may provisionally approve the transfer of a licence to another person if the Authority is satisfied that—
(a)  there is nothing that would preclude the Authority from approving the transfer of a licence, and
(b)  the circumstances of the case justify giving the approval on a provisional basis.
(8)  A provisional approval to transfer a licence is sufficient authority for the transfer of the licence. However, any such provisional approval ceases to have effect unless it is confirmed by the Authority before the end of the period specified by the Authority when provisionally approving the transfer (or such later period as may be allowed by the Authority before the expiration of the specified period).
(9)  If a provisional approval to transfer a licence ceases to have effect because of the operation of subsection (8), the Authority may make such orders in relation to the licence as the Authority considers appropriate, including any of the following orders—
(a)  an order that the licence is to revert to the transferor,
(b)  an order treating a person (with the person’s consent) as licensee until a transfer of the licence is effected,
(c)  an order that the licence cannot be exercised until specified conditions are met or the Authority orders otherwise.
(10)  Any such order has effect according to its terms.
(11)  The Authority must not approve or provisionally approve the transfer of a licence unless satisfied—
(a)  that practices will be in place at the licensed premises of the transferee as soon as the licence is transferred that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(b)  that those practices will remain in place.
(12)  The transfer of a licence has effect as if the licence had been granted to the transferee.
60A   Alternative process for transfer of licence
(1)  A licence may not be transferred under this section if the transfer involves a change in the ownership of the business carried on under the licence.
(2)  A licence may be transferred under this section to another person (the transferee) but only if—
(a)  the transferee is the holder of a licence of the same type as the transferred licence or was, at any time during the period of 3 years immediately before the transfer, the holder of a licence of the same type as the transferred licence, and
(b)  the transferee has not committed a prescribed offence within the meaning of section 144B during that 3-year period, and
(c)  the licence has not been suspended (otherwise than under section 46A) or cancelled, or the licensee has not been disqualified from holding a licence, during that 3-year period.
(3)  The transfer of a licence under this section does not have effect until—
(a)  the transferee has given the Authority notice in writing of the transfer, and
(b)  the Authority, on payment of such fee as may be prescribed by the regulations, endorses the licence to the effect that the licence is held by the transferee.
(4)  The Authority may refuse to endorse the licence to that effect if the Authority is of the opinion that the requirements under subsection (2) are not satisfied in relation to the transfer of the licence.
(5)  A notice under this section must—
(a)  be in the form approved by the Authority, and
(b)  be accompanied by the written consent of the owner of the business carried on under the licence to the transfer, and
(c)  must be accompanied by a declaration in writing, in a form approved by the Authority, certifying such matters as may be required by the approved form (including matters relating to the transferee’s responsibilities in relation to, and capacity to implement, practices in place at the licensed premises for ensuring the responsible sale, supply and service of alcohol, and the prevention of intoxication, on the premises).
(6)  For the purposes of subsection (2)(b), a prescribed offence is committed in the circumstances referred to in section 144C.
61   Application for transfer of licence on dispossession of licensee
(1)  This section applies in relation to a licence (other than a club licence) if—
(a)  the licensee is evicted from the licensed premises, or
(b)  the owner of the licensed premises comes into, or becomes entitled to, possession of the licensed premises to the exclusion of the licensee, or
(c)  the licensee is no longer employed by the owner of the business carried on under the licence (the business owner), or
(d)  the licensee is not complying, or does not have the capacity to comply, with the requirement under section 91(1) to be responsible at all times for the personal supervision and management of the business of the licensed premises.
(2)  An application for a transfer of the licence may be made by the owner of the licensed premises or by the business owner.
(3)  The owner of the licensed premises who comes into, or is entitled to, possession of the premises, or the business owner (as the case requires), is taken to be the licensee of the premises until—
(a)  the day that is 28 days after this section becomes applicable, or
(b)  the day on which application is made under subsection (2),
whichever first occurs.
(4)  If an application is made under subsection (2) not later than 28 days after this section becomes applicable, the applicant is, until the application is determined by the Authority, taken to be the licensee under the licence to which the application relates.
(5)  The Authority is not to determine an application for the transfer of a licence under this section unless—
(a)  the Authority is satisfied—
(i)  that notice of the application was given to the dispossessed licensee at least 3 clear days before the Authority determines the application (or that all reasonable steps necessary for giving notice were taken by or on behalf of the applicant and that failure to give notice was not due to any neglect or default of the applicant), and
(ii)  if so notified, that the dispossessed licensee has been given a reasonable opportunity to make submissions in relation to the application, and
(b)  the Authority is satisfied that any lessee of the licensed premises has been notified of the application for the transfer of the licence and been given a reasonable opportunity to make submissions in relation to the application, and
(c)  the Authority has taken any submissions made under this subsection into consideration.
(5A)  If—
(a)  an application under subsection (2) in respect of the licensed premises is not made within 28 days after this section becomes applicable, or
(b)  such an application is made but the transfer of the licence to the applicant is refused by the Authority,
the licence is suspended until such time as the licence is transferred to another person.
(6)  Section 60 applies, with such modifications as are necessary, in relation to an application for the transfer of a licence under this section.
62   Carrying on licensee’s business after death etc of licensee
(1)  In this section, a reference to the business of a licensee is a reference to the business of the licensee carried on by the licensee under the licence immediately before the licensee’s death, bankruptcy or other disability referred to in this section.
(2)  If a licensee dies, the business of the licensee may be carried on for a period not exceeding one month by a person of or above the age of 18 years who—
(a)  was the spouse or de facto partner of the licensee, or
(b)  is a member of the family left by the licensee, or
(c)  carries on the business on behalf of the family left by the licensee,
so long as the Authority is notified immediately that the business of the licensee is being so carried on.
Note.
 “De facto partner” is defined in section 21C of the Interpretation Act 1987.
(3)  If, within the period of one month referred to in subsection (2), an application is made to the Authority by—
(a)  the person carrying on the business of the licensee under subsection (2), or
(b)  a person who claims that, for the purpose of continuing to carry on the business, the person should be preferred to the person referred to in paragraph (a),
for endorsement of the licence, as agent, of the name of the applicant, the person referred to in paragraph (a) may continue to carry on the business of the licensee until the application is determined.
(4)  If, under the Bankruptcy Act 1966 of the Commonwealth, a trustee holds office in relation to the business of a licensee, the business of the licensee may be carried on by the trustee, or by a person authorised for the purpose by the trustee, so long as—
(a)  the Authority is notified immediately that the business is being so carried on, and
(b)  an application is made to the Authority by the trustee as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.
(5)  If a licensee becomes a mentally incapacitated person, the business of the licensee may be carried on by the NSW Trustee and Guardian or a person authorised for the purpose by the NSW Trustee and Guardian, so long as—
(a)  the Authority is notified immediately that the business of the licensee is being so carried on, and
(b)  an application is made to the Authority by the NSW Trustee and Guardian as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.
(6)  A person who carries on the business of a licensee under this section is, while the person so carries on the business, taken to be the licensee.
(7)  An application under this section must be accompanied by the fee prescribed by the regulations.
(8)  The Authority is to notify the Secretary and the Commissioner of Police of any application under this section and the Secretary and the Commissioner are entitled to make submissions in relation to such an application.
63   Grant of application for endorsement of licence following death etc of licensee
(1)  The Authority may grant an application under section 62 if the Authority is satisfied that the person whose name the applicant seeks to have endorsed on the licence is a fit and proper person to carry on the business to which the application relates.
(1A)  Without limiting subsection (1), in determining whether a person is a fit and proper person to carry on the business to which the application relates the Authority is to consider whether the person—
(a)  is of good repute, having regard to character, honesty and integrity, and
(b)  is competent to carry on that business.
(2)  In deciding whether or not to grant an application under section 62, the Authority is to take into consideration any submissions made by the Secretary or the Commissioner of Police in relation to the application.
(3)  If, following the death of a licensee, the Authority is so satisfied in relation to more than one such person, the Authority may grant the application of such one of them as the Authority thinks fit.
(4)  The granting of an application under section 62 takes effect with respect to a licence when the Authority endorses the licence accordingly.
(5)  A person whose name is endorsed on a licence under subsection (4) is, while the endorsement has effect, taken to be the licensee.
(5A)  If, following the death of a licensee—
(a)  an application under section 62 for endorsement of the licence is not made within the period required by section 62(3), or
(b)  such an application is made within that period but the application is refused by the Authority,
the licence is suspended until such time as the licence is transferred to another person.
(6)  Subject to section 64(4), an endorsement under this section has effect for the period specified by the Authority. Any such specified period may, before the period expires, be extended by the Authority on application by the person who is taken to be the licensee.
64   Transfer of licence after death etc of licensee
(1)  If probate of the will of a deceased licensee is, or letters of administration of the deceased licensee’s estate are, granted, the executor or administrator must, as soon as practicable, apply to the Authority for the transfer of the licence to the executor or administrator, or to a person nominated by the executor or administrator, as transferee.
(2)  A trustee referred to in section 62(4) who holds office in relation to the business of a licensee may apply under section 60 as transferor for the transfer of the licence to a person nominated by the trustee.
(3)  If section 62(5) applies in relation to a licensee, the NSW Trustee and Guardian may apply under section 60 as transferor for the transfer of the licence to a person nominated by the NSW Trustee and Guardian.
(4)  If a licence is transferred under an application authorised by this section, any endorsement of the licence under section 63 ceases to have effect.
Division 4 Special provisions relating to corporate licensees
65   Application of Division
This Division applies in relation to any licence that is held by a corporation (including a registered club).
66   Appointment of managers
(1)  A licensee (other than a registered club)—
(a)  must appoint a manager approved by the Authority under this Division for the licensed premises, and
(b)  must not cause or permit the conduct of business under the licence for a period of more than 28 days except under the personal supervision and management of a person so approved.
Maximum penalty—50 penalty units.
(2)  A registered club that has more than one set of premises—
(a)  must appoint a different manager, approved by the Authority under this Division, for each set of premises of the club at which the secretary of the club is not in attendance, and
(b)  must not cause or permit the conduct of business on any such premises for a period of more than 2 months except under the management of a person so approved.
Maximum penalty—50 penalty units.
(3)  Subsection (2) does not apply to a registered club—
(a)  that has no more than 2 sets of premises and the premises concerned—
(i)  are, in the case where the main premises of the club are situated in a metropolitan area, within 10 kilometres of the other premises of the club or are, in the case where the main premises of the club are not situated in a metropolitan area, within 50 kilometres of the other premises of the club, or
(ii)  are staffed by less than 5 full-time employees, or
(b)  in such other circumstances as are prescribed by the regulations.
(4)  Despite subsection (2), a registered club may appoint a person to act as a manager of any of the club’s premises for the purposes of that subsection even though the person has not been approved by the Authority, but only if an application for the approval of the person to manage licensed premises has been made under section 68.
(5)  A person’s authorisation to be appointed under subsection (4) to act as manager of club premises expires on the determination by the Authority of the relevant application for approval.
(6)  In this section—
metropolitan area means an area described by the regulations as a metropolitan area.
67   Restrictions on who may be appointed as manager
(1)  The following provisions apply to the appointment under section 66 of a manager of licensed premises—
(a)  a person may not be appointed as the manager of licensed premises unless the person is approved by the Authority to manage licensed premises and the approval applies to the premises or class of premises concerned,
(b)  only an individual may be appointed to manage licensed premises,
(c)  a person cannot be appointed as the manager of licensed premises if at the time of the appointment the person already holds an appointment as the manager of other licensed premises.
(2)  Subsection (1)(c) does not apply in the case of a registered club referred to in section 66(3).
(3)  Subject to section 66(4), an appointment in contravention of this section is void for the purposes of this Act.
68   Approval of persons to manage licensed premises
(1)  An application for the Authority’s approval of a person to manage licensed premises must be in the form and manner approved by the Authority and be accompanied by the fee prescribed by the regulations.
(2)  The Authority may grant any such application or refuse to grant the application.
(3)  In determining an application for approval of a person to manage licensed premises, the Authority has the same powers in relation to the application as the Authority has in relation to an application for a licence.
(4)  The Authority’s approval may not be given unless the Authority is satisfied that the person concerned—
(a)  is a fit and proper person to manage licensed premises, and
(b)  understands the person’s responsibilities in relation to, and is capable of implementing, practices in place at licensed premises for ensuring the responsible sale, supply and service of alcohol and the prevention of intoxication, and
(c)  if the Authority has required the person to attend a course of training or instruction approved by the Secretary—has completed the course to the standard required by the Authority.
(4A)  Without limiting subsection (4)(a), a person is not a fit and proper person to manage licensed premises if the Authority has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the person—
(a)  that the person—
(i)  is a member of, or
(ii)  is a close associate of, or
(iii)  regularly associates with one or more members of,
a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and
(b)  that the nature and circumstances of the person’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the person is granted an approval.
(4B)  The Authority is not, under this or any other Act or law, required to give any reasons for not granting an approval because of subsection (4A) to the extent that the giving of those reasons would disclose any criminal intelligence.
(4C)  Without limiting subsection (4)(a), in determining whether a person is a fit and proper person to manage licensed premises the Authority is to consider whether the person—
(a)  is of good repute, having regard to character, honesty and integrity, and
(b)  is competent to manage licensed premises.
(5)  If the Authority is satisfied that there is nothing that might preclude the Authority from approving of the person to manage licensed premises, but requires more information before making a final decision, the Authority may give a provisional approval of the person to be such a manager.
(6)  A provisional approval is sufficient to authorise the appointment of the person, in accordance with section 69, as manager of the licensed premises until such time as the Authority confirms the approval of the person.
(7)  An approval or provisional approval of a person to manage licensed premises may be given so as to apply in relation to any particular licensed premises, to all licensed premises of a specified class or to all licensed premises, as the Authority thinks fit.
69   Notice of appointments
(1)  A licensee must give the Authority notice of the appointment of a person as manager of licensed premises.
Maximum penalty—20 penalty units.
(2)  The appointment of a manager is not in force until the licensee has given the Authority notice of the appointment as required by this section, accompanied by the declaration referred to in subsection (5)(b).
(3)  The appointment of a manager is revoked by the licensee giving notice under this section of the appointment of a new manager or by the licensee or manager giving the Authority notice of the manager’s ceasing to act as manager.
(4)  A notice under this section may specify a day that is later than the day the notice is given as the day the notice is to take effect, and the notice takes effect accordingly.
(5)  A notice under this section—
(a)  must be completed in writing in the form approved by the Authority, and
(b)  must be accompanied by a declaration in writing, in a form approved by the Authority, of the person to be appointed as manager of the premises concerned—
(i)  signifying the person’s acceptance of the appointment, and
(ii)  certifying such matters as the form of notice may require (including matters relating to the person’s responsibilities in relation to, and capacity to implement, practices in place at the premises for ensuring the responsible sale, supply and service of alcohol, and the prevention of intoxication, on the premises).
(6)  In any proceedings in which the question of whether notice was given to the Authority under this section is at issue, the party alleged to have given the notice bears the onus of establishing on the balance of probabilities that the notice was given.
70   Liability of licensee for contravention by manager
The licensee of licensed premises is taken to have contravened any provision of this Act or the regulations that the manager of the licensed premises has contravened as a result of section 91 unless the licensee establishes that the licensee—
(a)  did not authorise or knowingly permit the contravention by the manager, and
(b)  maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention occurring.
71   Liability of directors etc for offences by corporation—accessory to the commission of the offences
(1)  For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation (including a licensee that is a corporation).
(2)  A person commits an offence against this section if—
(a)  a corporation commits a corporate offence, and
(b)  the person is—
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and
(c)  the person—
(i)  aids, abets, counsels or procures the commission of the corporate offence, or
(ii)  induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(iii)  conspires with others to effect the commission of the corporate offence, or
(iv)  is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.
Maximum penalty—The maximum penalty for the corporate offence if committed by an individual.
(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.
(5)  This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.
71A   Evidence as to state of mind of corporation
(1)  Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular state of mind, is evidence that the corporation had that state of mind.
(2)  In this section, the state of mind of a person includes—
(a)  the knowledge, intention, opinion, belief or purpose of the person, and
(b)  the person’s reasons for the intention, opinion, belief or purpose.
72   Corporate licences—interpretative provisions
(1)  A reference in this Act to a position of authority in a corporation is a reference to the position of chief executive officer, director or secretary of the corporation.
(2)  For the purposes of this Act, a person who occupies a position of authority in a corporation is to be regarded as interested in an application for a licence made by the corporation and as interested in the business of the licensed premises to which a licence held by the corporation relates.
(3)  For the purposes of this Act, a person who is a shareholder in a corporation is not (merely because of being a shareholder) to be regarded as a person who will be interested in an application for a licence made by the corporation or in the business, or the profits or conduct of the business, to be carried on pursuant to the licence applied for or of the licensed premises to which a licence held by the corporation relates.