New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 54

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.