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LIQUOR ACT 2007 - SCHEDULE 4

SCHEDULE 4 – Special licence conditions for declared premises

(Section 11 (1A))

1 Definitions

(1) In this Schedule:

"declared premises" means the premises to which a level 1 or level 2 licence relates.

"level 1 licence" means a licence specified in Table 1 at the end of this clause.

"level 2 licence" means a licence specified in Table 2 at the end of this clause.

"restricted service period" , in relation to declared premises, means:
(a) the period between midnight and such later time (if any) at which the premises are required to cease trading, or
(b) in the case of declared premises that are not required to cease trading at any time after midnight--the period between midnight and 5 am,
and includes any period specified by an order under clause 8B.
(2) Any change in the name (as referred to in Table 1 or Table 2) of any declared premises does not affect the application of this Schedule to the licence for those premises.

Table 1--level 1 licences

Licence number Name of licensed premises Location
Nil

Table 2--level 2 licences

Licence number Name of licensed premises Location
LIQH400102283 Ivy Sydney
LIQH400109172 The Coast Hotel Coffs Harbour
LIQH400115008 Belmore Hotel Maitland
LIQH400103174 Ivanhoe Hotel Manly
LIQC300241858 Penrith Rugby League Club Ltd Penrith
LIQH400100191 The Argyle Sydney The Rocks

2 Special licence conditions

(1) A level 1 licence is subject to each of the conditions specified in this Schedule.
(2) A level 2 licence is subject to each of the conditions specified in this Schedule (other than the conditions specified in clauses 2A, 3 and 5).
(2A) This Schedule does not apply in relation to a newly specified licence until 8 June 2019.
(2B) For the purposes of subclause (2A), a
"newly specified licence" is a licence that was not specified in Table 1 or Table 2 to clause 1 immediately before the substitution of those Tables by the Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2019 .
(3) The conditions specified in this Schedule are in addition to any other conditions to which a level 1 or level 2 licence is subject.

2A Additional security measures

(1) In this clause:

"additional security measure" means a security measure that comprises or relates to any of the following:
(a) providing security staff,
(b) training for security staff,
(c) closed-circuit television,
(d) digital video and audio recording devices,
(e) electronic ID scanning,
(f) systems for recording and retaining patron particulars,
(g) inter-venue communication network.
(2) The licensee of any declared premises must:
(a) within 14 days of the commencement of this clause, or
(b) in the case of premises that become declared premises at any time after the commencement of this clause--within 14 days of the premises becoming declared premises,
notify the Secretary, in the form approved by the Secretary, of the details of one or more additional security measures that the licensee proposes to implement in relation to the premises.
(3) The Secretary may, after considering the notice provided by the licensee under subclause (2), decide:
(a) to approve the additional security measure or measures as notified by the licensee without any variations, or
(b) to approve the additional security measure or measures as notified by the licensee with such variations as are determined by the Secretary, or
(c) to approve a different additional security measure in relation to the declared premises.
(4) The Secretary is to notify the licensee in writing of the Secretary's decision and of the date on and from which the licensee is required to implement the additional security measure or measures approved by the Secretary. Any such implementation date must be at least 14 days after the date on which the Secretary is notified by the licensee under subclause (2).
(5) The licensee must implement the approved additional security measure or measures in accordance with the Secretary's notice.

3 "Lock outs" for declared premises

(1) The licensee of any declared premises must not permit patrons to enter the premises after 1.30 am or before 5 am (
"the lock out period" ).
(2) For the avoidance of doubt, patrons already present in declared premises immediately before the start of the lock out period may:
(a) leave the premises at any time, or
(b) remain on the premises while the premises are authorised to trade,
but are not permitted to re-enter the premises during the lock out period.
(3) This clause does not:
(a) prevent a resident of declared premises from entering the premises during the lock out period, or
(b) in the case of declared premises that are premises to which a club licence relates--prevent a full member or honorary member (within the meaning of the Registered Clubs Act 1976 ) of the registered club from entering the premises during the lock out period.

4 Glasses and breakable plastic containers prohibited during restricted service period

(1) During the restricted service period, any drink (whether or not it contains liquor) sold or supplied for consumption on declared premises must not be served or supplied in a glass or breakable plastic container.
(2) During the restricted service period, the licensee of declared premises must remove empty glasses and empty breakable plastic containers from patrons and from any area of the premises to which patrons have access.
(3) This clause does not require empty glasses or other containers to be removed from the room in which a resident of declared premises is residing or staying.
(4) In this clause:

"glass" means:
(a) a drinking vessel, or
(b) a container (such as a bottle or jug) from which drinks can be poured,
that is made wholly or principally of glass.

5 Certain drinks prohibited during restricted service period

(1) The following drinks must not be sold or supplied on declared premises during the restricted service period:
(a) any drink (commonly referred to as a "shot") that contains no more than 30 ml of spirits or liqueur and that is designed to be consumed rapidly,
(b) any drink containing more than 50% spirits or liqueur,
(c) any ready to drink beverage with an alcohol by volume content of more than 5%,
(d) any drink prepared on the premises that contains more than one 30 ml nip of spirits or liqueur.
(2) During the restricted service period, no more than:
(a) 4 alcoholic drinks (whether or not of the same kind), or
(b) the contents of one bottle of wine,
may be sold or supplied on declared premises to the same person at any one time.
(3) In this clause:

"ready to drink beverage" means an alcoholic mixed beverage that is prepared by the manufacturer.

6 Other requirements during restricted service period

For a continuous period of 10 minutes during each hour of the restricted service period:

(a) the sale or supply of liquor on declared premises must cease, or
(b) the licensee must:
(i) distribute free drinking water or food (or both) to patrons, and
(ii) actively encourage patrons to consume water.

7 Service of alcohol to cease 30 minutes before closing time

If declared premises are required to cease trading on any day, the licensee must cease selling or supplying liquor on the premises 30 minutes before the premises are required to cease trading.

7A Standard trading period incident register

(1) The licensee of any declared premises must maintain a register, in the form approved by the Secretary, in which the licensee is to record the details of any incident referred to in section 56 (or the regulations made under that section) that occurs during the standard trading period and any action taken in response to any such incident.
(1A) The licensee must, if requested to do so by a police officer or inspector:
(a) make any register under this clause 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.
(1B) The licensee must also ensure that the information recorded in a register under this clause is retained for at least 3 years from when the record was made.
(2) A register under this clause may be maintained as part of any incident register that the licensee is required to maintain under section 56.

8 Exemptions in relation to entire declared premises

(1) The Secretary may, by order in writing served on the licensee of declared premises, exempt the whole of the premises from any specified provision of this Schedule.
Note : Any such order may be amended or repealed by virtue of section 43 (2) of the Interpretation Act 1987 .
(2) The Secretary may exempt the whole of declared premises only if the Secretary:
(a) is satisfied that conditions other than the specified provision to which the exemption relates will be more effective in reducing the risk of alcohol-related violence in or about the declared premises concerned, and
(b) imposes those other conditions on the licence for the premises under any relevant provision of this Act.
(3) Any such relevant provision applies except to the extent that it prevents the imposition of conditions that are inconsistent with this Schedule.
(4) An exemption under this clause has effect only while the other conditions imposed by the Secretary to replace the specified provision to which the exemption relates remain in force.

8A Exemptions in relation to parts of declared premises

The Secretary may, by order in writing served on the licensee of declared premises, exempt part of the premises (the
"exempted area" ) from any specified provision of this Schedule if the Secretary is satisfied that:
(a) the risk of alcohol-related violence is low in the exempted area, and
(b) an exemption would not increase the risk of alcohol-related violence in the exempted area, and
(c) adequate measures will be in place to minimise the risk of alcohol-related violence in the exempted area.
Note : Any such order may be amended or repealed by virtue of section 43 (2) of the Interpretation Act 1987 .

8B Extension of restricted service period to 2 hours before midnight

(1) The Secretary may, by order in writing served on the licensee of declared premises, extend the restricted service period in respect of the premises for a period of up to 2 hours before midnight if the Secretary is satisfied that alcohol-related violence has occurred on the premises during any such period.
(2) An order under this clause is to specify the extended period and the day or days on which it operates.
Note : Any such order may be amended or repealed by virtue of section 43 (2) of the Interpretation Act 1987 .

9 Review of Schedule

(1) The Minister is to review this Schedule to determine whether the policy objectives remain valid and whether the terms of this Schedule remain appropriate for securing those objectives.
(2) The review is to be undertaken no later than at the end of the period of 12 months immediately following the date of assent to the Liquor Amendment (Special Licence Conditions) Act 2008 .
(3) In undertaking the review, the Minister is to consult with the Bureau of Crime Statistics and Research of the Department of Attorney General and Justice and take into consideration any information and advice provided by the Bureau in relation to the incidence of alcohol-related violence in or about the licensed premises to which this Schedule applies.
(4) A report on the outcome of the review is to be tabled in each House of Parliament within 3 months after the completion of the review.



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