Authorisation for licensed premises to sell liquor for consumption away from licensed premises
25A Authorisation for licensed premises to sell liquor for consumption away from licensed premises
The NICC may, on application by a licensee, authorise the licensee to sell or supply liquor for consumption away from the licensed premises.
An application for an authorisation must—
be made in the way approved by the NICC, and
be accompanied by the prescribed fee, and
comply with other requirements imposed by the NICC.
In determining an application for an authorisation, the NICC has the same powers in relation to the application as the NICC has in relation to an application for a licence.
An applicant must immediately notify the NICC of a change in the information provided in relation to the application if the change occurs after the information is provided and before the application is determined.
Maximum penalty—20 penalty units.
In granting an authorisation, the NICC may specify requirements that must be complied with before the authorisation takes effect.
An authorisation does not take effect until the requirements are complied with.
The NICC must not grant an authorisation unless the NICC is satisfied the licensee has in place a system of controls to ensure liquor is not sold to minors or intoxicated persons.
An authorisation is subject to the following conditions—
the licensee must have in place a system of controls to ensure liquor is not sold to minors or intoxicated persons,
the liquor must be purchased together with a genuine meal that is taken away from the licensed premises for consumption,
the licensee must limit each customer’s order at the licensed premises to—
1 sealed bottle of wine the volume of which is not more than 750mL, or
not more than 6 sealed containers of beer, cider or ready-to-drink alcoholic beverages the combined volume of which is not more than 2,250mL, or
not more than 4 sealed containers of house-made cocktails the combined volume of which is not more than 1,000mL.
An authorisation is also subject to conditions imposed—
by the NICC when the authorisation is granted or later, or
by or under another provision of this Act.
The NICC may, when granting the application for the authorisation, limit the trading hours during which a licensee may sell liquor for consumption away from the licensed premises.
The NICC may vary or revoke an authorisation, including any conditions, other than a condition imposed by this Act—
on its own initiative, or
on application by the licensee or Commissioner of Police.
The NICC must not impose a condition on a licensee’s authorisation, or vary or revoke the authorisation, including any conditions, unless—
the variation is on application by the licensee, or
the NICC—
has given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and
has considered the submissions made.
A condition to which an authorisation is subject is taken to be a condition of the licence to which the authorisation relates.
An authorisation has effect only while all the conditions to which it is subject are complied with.
In this section—
authorisation means an authorisation granted under subsection (1).
house-made cocktail means an alcoholic beverage mixed on the licensed premises.
ready-to-drink alcoholic beverage means an alcoholic beverage that is not mixed on the licensed premises.
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