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Contents (2008 - 240)
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Liquor Regulation 2008
Repealed version for 1 July 2018 to 31 August 2018 (accessed 20 June 2019 at 02:45)
Part 4 Clause 21
21   On-premises licence—authorisation to sell liquor for consumption away from licensed premises
(1)  An authorisation under section 26 of the Act to sell liquor for consumption away from the premises to which an on-premises licence relates may be granted by the Authority only if:
(a)  the licence is held by or on behalf of a non-proprietary association and the Authority is satisfied that the licensed premises promote tourism or industry in the local area in which the premises are situated, or
(b)  the licensed premises are situated in or on a facility that is under the control or management of a public authority (whether or not the licence is held by or behalf of the public authority).
(2)  An authorisation under section 26 of the Act is subject to the following conditions:
(a)  in the case of licensed premises referred to in subclause (1) (a)—liquor may only be sold for consumption away from the premises if it has been produced in the local area in which the premises are situated,
(b)  in the case of licensed premises referred to in subclause (1) (b)—liquor may only be sold for consumption away from the premises if it is a souvenir liquor product of the public authority concerned,
(c)  in the case of an authorisation in force immediately before the commencement of the Liquor Amendment (Takeaway Souvenir Liquor Sales) Regulation 2010—liquor may only be sold under the authorisation between 10 am and 10 pm.
(2A)  An authorisation under section 26 of the Act cannot authorise the sale of liquor between midnight and 5 am.
(3)  An authorisation under section 26 of the Act cannot be granted if the premises to which the on-premises licence relates are a vessel, an aircraft or any moving vehicle.
(4)  An existing Governor’s licence that is, under Schedule 1 to the Act, converted to an on-premises licence is taken to be endorsed with an authorisation under section 26 of the Act if the sale of liquor for consumption away from the licensed premises was authorised under the former Act.
(5)  For the purposes of subclause (2) (b), liquor is a souvenir liquor product of a public authority only if:
(a)  the bottle or other container in which the liquor is contained is, with the permission of the public authority, marked with the name, logo or other distinguishing feature of the public authority or the facility in or on which the licensed premises are situated, and
(b)  it is promoted primarily as a souvenir of the public authority or that facility, and
(c)  it is sold or made available for sale with the permission of the public authority.
(6)  In this clause:
facility means a facility (including any building or land) that is operated or used for a cultural, sporting, recreational, educational or scientific purpose.
public authority means a statutory body referred to in Schedule 2 to the Public Finance and Audit Act 1983.