A lease of any part of licensed premises granted in breach of s 92(1)(d) of the Liquor Act 2007 (NSW) is void and unenforceable, not merely subject to the criminal penalty, because enforcement would frustrate the legislative purpose of ensuring the licensee maintains personal supervision and management of business on the licensed premises. Sections 92(1)(c) and (d) are mutually exclusive: (c) applies where liquor is ordinarily sold or supplied on the leased part, and (d) applies to all other parts. A disposal of core property in breach of s 41J of the Registered Clubs Act 1976 (NSW) is not void; the remedies are confined to ss 41Q and 41V. A non-exclusive licence to use premises on specified days can constitute a 'right of occupation' within the Retail Leases Act 1994 (NSW).
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