Primary purpose test
22 Primary purpose test
An on-premises licence must not be granted in respect of any premises if the primary purpose of the business or activity carried out on the premises is the sale or supply of liquor.
The authorisation conferred by an on-premises licence does not apply if the primary purpose of the business or activity carried out on the licensed premises at any time is the sale or supply of liquor.
To remove any doubt, subsection (2) applies in relation to—
an on-premises licence that specifies the kind of business or activity carried out on the licensed premises, and
an on-premises licence that specifies the kind of licensed premises to which the licence relates.
Subsections (1) and (2) do not apply if the premises to which the licence or proposed licence relates—
are part of an airport, or
are located on land occupied by a tertiary institution and cater for students of that institution.
Subsections (1) and (2) are also subject to such exceptions as may be prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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