LIQUOR ACT 2007

New South Wales Consolidated Acts

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- As at 27 December 2023
- Act 90 of 2007

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Objects of Act
3A. Meaning of dedicated live music and performance venue
4. Definitions
4A. Meaning of "Kings Cross precinct"
5. Meaning of "intoxicated"
6. Exemptions from Act

PART 2 - PRINCIPAL OFFENCES RELATING TO SALE AND SUPPLY OF LIQUOR

7. Licence required to sell liquor
8. Keeping or using unlicensed premises
9. Sale or supply of liquor contrary to licence

PART 3 - LIQUOR LICENCES

Division 1 - Preliminary

10. Types of licences and authorisation conferred by licence
11. Licence conditions--general provisions
11A. Special licence condition--6-hour closure period for licensed premises
12. Standard trading period for certain licensed premises
12A. Extended trading hours for particular dedicated live music and performance venues
12B. Records to be kept about extended hours for dedicated live music and performance venues
13. Special events extended trading period for certain venues

Division 2 - Hotel licences

14. Authorisation conferred by hotel licence
15. Hotel licence--general provisions
15A. Cessation of liquor sales during trading hours
16. Hotel licence may be designated as a general bar licence
17. Hotel licence--miscellaneous conditions

Division 3 - Club licences

18. Authorisation conferred by club licence
19. Club licence--general provisions
20. Club licence--miscellaneous conditions

Division 3A - Small bar licences

20A. Authorisation conferred by small bar licence
20B. Trading hours for small bars
20C. Small bar licence--miscellaneous conditions

Division 4 - On-premises licences

21. Certain kinds of premises not to be licensed
22. Primary purpose test
23. On-premises licence must specify business/activity or kind of licensed premises
24. On-premises licence--sale or supply of liquor must be with or ancillary to other product or service
25. Authorisation conferred by on-premises licence (generally)
26. Authorisation to sell liquor for consumption away from licensed premises in special circumstances
27. Requirement to provide food on licensed premises
28. Certain licensed premises must be open to general public

Division 5 - Packaged liquor licences

29. Authorisation conferred by packaged liquor licence
30. Liquor sales area required if bottle shop is part of another business activity
31. Restrictions on granting packaged liquor licences

Division 6 - Producer/wholesaler licences

32. Wholesale suppliers of liquor
33. Producers--authorisation conferred by licence
34. (Repealed)
35. Producers--miscellaneous provisions

Division 7 - Limited licences

36. Authorisation conferred by limited licence
37. Limited licence--general provisions
38. Limited licence--miscellaneous conditions
39. Limited licence for special event

PART 4 - LICENSING PROCEDURES AND RELATED MATTERS

Division 1 - Licence applications and granting of licences

40. Licence applications
41. Statement as to interested parties
42. Investigations, inquiries and referrals in relation to licence applications
43. Authority or Secretary may require further information
44. Submissions to Authority in relation to licence applications
45. Decision of Authority in relation to licence applications
46. Duration of licences
46A. Voluntary suspension of licence
47. Granting of licence

Division 1A - (Repealed)
None

Division 2 - Miscellaneous provisions relating to licences and licence-related authorisations

48. Community impact
49. Extended trading authorisation--general provisions
49A. Extended trading authorisation--small bars
49B. Special provisions relating to multi-occasion ETAs
50. Drink on-premises authorisation
51. General provisions relating to licence-related authorisations
52. Authority may impose special licence conditions
53. Authority may impose, vary or revoke licence conditions
54. Secretary may impose, vary or revoke licence conditions
54A. Directions relating to "sale on other premises" authorisations
55. Requirement to provide information in relation to persons interested in licensee's business
56. Incident registers
57. Authority may establish administrative policies and procedures in relation to licensing matters
58. Courses of training and instruction for applicants and licensees

Division 2A - Periodic licence fees

58A. Periodic licence fee
58B. Suspension and cancellation for late payment of periodic licence fee
58C. Application for reinstatement of cancelled licence

Division 3 - Licence removals and transfers

59. Removal of licence to other premises
59A. Removal of unrestricted club licences to other premises
60. Transfer of licence
60A. Alternative process for transfer of licence
61. Application for transfer of licence on dispossession of licensee
62. Carrying on licensee's business after death etc of licensee
63. Grant of application for endorsement of licence following death etc of licensee
64. Transfer of licence after death etc of licensee

Division 4 - Special provisions relating to corporate licensees

65. Application of Division
66. Appointment of managers
67. Restrictions on who may be appointed as manager
68. Approval of persons to manage licensed premises
69. Notice of appointments
70. Liability of licensee for contravention by manager
71. Liability of directors etc for offences by corporation--accessory to the commission of the offences
71A. Evidence as to state of mind of corporation
72. Corporate licences--interpretative provisions

Division 5 - Cumulative impact assessments

72A. Definitions
72B. Preparation of cumulative impact assessment
72C. Contents of cumulative impact assessment
72D. Consultation with relevant stakeholders
72E. Publication of cumulative impact assessment
72F. Review of cumulative impact assessment
72G. Variation of cumulative impact assessments
72H. Revocation of cumulative impact assessments

PART 5 - REGULATION AND CONTROL OF LICENSED PREMISES

Division 1 - Conduct on licensed premises

73. Prevention of excessive consumption of alcohol on licensed premises
74. Sale of stolen goods and possession, use or sale of drugs on licensed premises
75. Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises

Division 2 - Exclusion of persons from licensed premises

76. Self-exclusion of patrons from licensed premises
77. Non-voluntary exclusion of persons from licensed premises
78. Banning orders

Division 3 - Disturbance of quiet and good order of neighbourhood

79. Making of complaint
80. Dealing with complaints
81. Decision by Secretary in relation to complaint

Division 4 - Closure orders

82. Short-term closure of licensed premises
83. Urgent application for short-term closure order
84. Order by Authority for long-term closure of licensed premises
85. Further long-term closure orders
86. Breach of the peace

Division 5 - Late hour entry declarations

87. Secretary may make late hour entry declaration
88. Effect of late hour entry declaration
89. Provisions relating to making of late hour entry declaration
90. Secretary may vary or revoke late hour entry declaration

Division 6 - General provisions relating to licensed premises

91. Responsibilities and liabilities in relation to licensed premises
92. Control of business conducted on licensed premises
93. Cessation of trade
94. Boundaries of licensed premises
94A. Boundaries of licensed premises--applications for temporary boundary changes for outdoor spaces
94B. Boundaries of licensed premises--applications for permanent boundary changes for outdoor spaces
95. Name of licensed premises
96. Temporary premises
97. Breath analysis equipment
98. Work carried out on licensed premises

PART 6 - MISCELLANEOUS OFFENCES AND REGULATORY CONTROLS

Division 1 - General

99. Responsible sale, supply, service or promotion of liquor
100. Regulations may declare undesirable liquor products
101. Secretary may restrict or prohibit sale or supply of undesirable liquor products
102. Secretary may restrict or prohibit undesirable promotion of liquor
102A. Secretary may restrict or prohibit activities that encourage misuse or abuse of liquor
103. Closing of certain hotel and bottle shop areas
104. Person in bar area or certain other areas of hotel outside trading hours
105. Carrying liquor away from licensed premises outside trading hours
106. Delivery of liquor from unlicensed premises
107. Production of licence on licensed premises
108. Prohibition on providing money or extending credit for gambling
108A. Requirement to record credit transactions and extensions
109. Misrepresentation or misdescription of credit transactions
110. Falsely indicating that premises are licensed or that person is authorised to sell or supply liquor
111. Carrying liquor away from premises to which on-premises licence relates
112. Obtaining liquor by false representation
113. Carrying liquor for sale
114. Sale of liquor through internet or by other communication media

Division 1A - Responsible service of alcohol training courses

114A. Definitions
114B. Conditions of approval to conduct training courses
114C. Prohibition on granting interim certificates to unqualified persons
114D. Prohibition on providing training courses without approval

Division 1B - Same day liquor deliveries

114E. Definitions
114F. Meaning of "same day delivery"
114G. Meaning of "same day delivery provider"
114H. Restrictions on same day deliveries
114HA. Age to be verified when agreement made for same day delivery
114I. Evidence of identity and age required for same day deliveries
114J. Liquor not to be supplied to intoxicated person
114K. Liquor not to be supplied in alcohol-free zones, alcohol prohibited areas or restricted alcohol areas
114L. Cut-off time for deliveries
114M. Records to be kept about refusal to deliver liquor
114N. Employees and agents not to be penalised for refusal to deliver in particular circumstances
114O. Self-exclusion
114P. Training of persons making same day deliveries
114Q. Same day delivery providers liable for acts of employees and agents
114R. Review of regulation of liquor deliveries

Division 2 - Restricted alcohol areas

115. Declaration of restricted alcohol area
116. Provisions relating to making of regulations declaring restricted alcohol areas

Division 3 - (Repealed)
None

Division 4 - Prescribed precincts

116B. Interpretation
116C. Prescribed precincts
116D, 116E. (Repealed)
116F. Temporary banning orders--licensed premises in prescribed precinct and adjacent precincts
116G. Long-term banning orders--high risk venues
116H. Administrative review by Civil and Administrative Tribunal of long-term banning orders
116I. Regulatory controls for licensed premises in prescribed precincts

PART 7 - SPECIAL PROVISIONS RELATING TO MINORS

Division 1 - Underage drinking

117. Offences relating to sale or supply of liquor to minors
118. Offences relating to consumption etc of liquor by minor
119. Licensee not to allow minors to sell or supply liquor on licensed premises
120. Responsible adult not to allow minor to consume liquor on licensed premises

Division 2 - Minors on licensed premises

121. Minors in hotels in company of responsible adult
122. Functions for minors in hotels and public entertainment venues
122A. Minors in small bars
123. Minor not to enter or remain in certain licensed premises
124. Licensee not to allow minors to enter or remain in certain licensed premises
125. Responsible adult not to leave minor unaccompanied on licensed premises
126. Minors must be refused entry to licensed premises
127. Notices to be displayed in relation to minors on licensed premises

Division 3 - Other provisions relating to minors

128. Minor required to provide information
129. Minor must not use false evidence of age
130. Minors not to be detained

Division 4 - (Repealed)
None

PART 8 - LIQUOR ACCORDS

Division 1 - Local liquor accords

131. Definitions
132. Eligible parties to local liquor accord
133. Establishing local liquor accord
134. Terms of local liquor accords
135. Registration and termination of local liquor accord
136. Requirement to contribute to costs of implementing local liquor accord

Division 2 - Precinct liquor accords and community event liquor accords

136A. General provisions
136B. Secretary may approve liquor accords for designated precincts
136C. Secretary may approve liquor accords for community events
136D. Content of precinct and community event liquor accords
136E. Requirement to participate in precinct or community event liquor accord
136F. Precinct liquor accord contributions and fund

PART 9 - DISCIPLINARY ACTION

137. Interpretation
138. Secretary may carry out inquiries and investigations in relation to complaints and proposed complaints
139. Grounds for making complaint
140. Procedure for taking disciplinary action
141. Disciplinary powers of Authority
142. Procedure for implementing disciplinary action
143. Requirement for legal member of Authority to be present
144. Administrative review by NCAT of decisions by Authority under this Part

PART 9A - DEMERIT POINTS SCHEME

Division 1 - Preliminary

144A. Part 9 not affected
144B. Definitions
144C. Committing demerit offence

Division 2 - Demerit points register

144D. Demerit points register
144E. Secretary to record demerit points incurred or imposed
144F. Secretary may publish details from demerit points register
144G. When demerit points come into force or expire

Division 3 - Incurring and imposition of demerit points

Subdivision 1 - Demerit points incurred for demerit offences

144H. Demerit points incurred for demerit offences--licensed premises other than club premises
144I. Demerit points incurred for demerit offences--club premises
144J. Notice of demerit points incurred

Subdivision 2 - Demerit points imposed for prescribed complaints

144K. Definition
144L. Authority may impose demerit points in relation to prescribed complaints
144M. Notice of proposed demerit points
144N. Decision about imposition of demerit points
144O. Authority to give notice of decision

Division 4 - Remedial action for accumulation of demerit points

Subdivision 1 - Remedial action for accumulation of demerit points--licensees or managers of licensed premises

144P. Remedial action--accumulation of 2-3 demerit points
144Q. Remedial action--accumulation of 4-5 demerit points
144R. Remedial action--accumulation of 6 or more demerit points

Subdivision 2 - Remedial action for accumulation of demerit points--licences other than club licences

144S. Definition
144T. Remedial action--accumulation of 2-3 demerit points
144U. Remedial action--accumulation of 4-5 demerit points
144V. Remedial action--accumulation of 6 or more demerit points

Subdivision 3 - Remedial action for accumulation of demerit points--club licences

144W. Remedial action--accumulation of 2-3 demerit points
144X. Remedial action--accumulation of 4-5 demerit points
144Y. Remedial action--accumulation of 6 or more demerit points

Subdivision 4 - General provisions

144Z. Notice of proposed remedial action
144ZA. Requirements for deciding to take remedial action
144ZB. Provisions relating to conditions imposed on licences under Subdivision 2 or 3

Division 5 - Removal and reinstatement of demerit points

144ZC. Application by licensee or manager of licensed premises to remove a category 1 demerit point
144ZD. Application to remove demerit points
144ZE. Deciding application to remove demerit points
144ZF. Reinstatement of demerit points

Division 6 - General provisions

144ZG. Submissions not to be used for prosecuting offences
144ZH. Administrative review by NCAT
144ZI. Effect of appeals against convictions for demerit offences

PART 9B - ENFORCEABLE UNDERTAKINGS

144ZJ. Secretary may accept enforceable undertakings

PART 10 - CRIMINAL PROCEEDINGS AND RELATED MATTERS

145. Proceedings for offences
146. Time within which proceedings for offences may be commenced
147. (Repealed)
148. Additional penalties may be imposed by court
149. Licensees and managers liable for act of employees etc
149A. General defence available to managers of club premises
150. Penalty notices
151. Forfeiture and seizure of liquor and other things
152. Evidentiary provisions

PART 11 - MISCELLANEOUS PROVISIONS

153. (Repealed)
154. Review of disqualification by Authority
155. (Repealed)
156. Report by Authority on liquor licensing matters
157. Delegations
158. Crown not liable for any compensation
159. Regulations
160. Savings and transitional provisions
161. Repeals
162. Review of Act
163, 163A. (Repealed)

PART 12 - SPECIAL PROVISIONS RELATING TO COVID-19 PANDEMIC

164. Purpose
165. Definitions
166. Local councils to have temporary powers to encourage use of outdoor space
167. Repeal of Part
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 5 (Repealed)

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