Section 28 — Definition — Liquor Act 2007 (New South Wales) — Barrister AI

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Section 28 — Definition — Liquor Act 2007 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Objects of Act s 3A(Repealed)s 4Definitions s 4AMeaning of “Kings Cross precinct”s 5Meaning of “intoxicated”s 6Exemptions from Act s 7Licence required to sell liquor s 8Keeping or using unlicensed premises s 9Sale or supply of liquor contrary to licence s 10Types of licences and authorisation conferred by licence s 11Licence conditions—general provisions s 11ASpecial licence condition—6-hour closure period for licensed premises s 12Standard trading period for certain licensed premises s 12A, 12B(Repealed)s 13Special events extended trading period for certain venues s 14Authorisation conferred by hotel licence s 15Hotel licence—general provisions s 15ACessation of liquor sales during trading hours s 16Hotel licence may be designated as a general bar licence s 17Hotel licence—miscellaneous conditions s 18Authorisation conferred by club licence s 18AFunctions on other premises s 19Club licence—general provisions s 20Club licence—miscellaneous conditions s 20AAuthorisation conferred by small bar licence s 20BTrading hours for small bars s 20CSmall bar licence—miscellaneous conditions s 21Certain kinds of premises not to be licensed s 22Primary purpose test s 23On-premises licence must specify business/activity or kind of licensed premises s 24On-premises licence—sale or supply of liquor must be with or ancillary to other product or service s 25Authorisation conferred by on-premises licence (generally)s 25AAuthorisation for restaurants and small bars to sell liquor for consumption away from licensed premises s 26Authorisation to sell liquor for consumption away from licensed premises in special circumstances s 27Requirement to provide food on licensed premises s 28Certain licensed premises must be open to general public s 29Authorisation conferred by packaged liquor licence s 30Liquor sales area required if bottle shop is part of another business activity s 31Restrictions on granting packaged liquor licences s 32Wholesale suppliers of liquor s 33Producers—authorisation conferred by licence s 34(Repealed)s 35Producers—miscellaneous provisions s 36Authorisation conferred by limited licence s 37Limited licence—general provisions s 38Limited licence—miscellaneous conditions s 39Limited licence for special event s 40Licence applications s 41Statement as to interested parties s 42Investigations, inquiries and referrals in relation to licence applications s 43Authority or Secretary may require further information s 44Submissions to Authority in relation to licence applications s 45Decision of Authority in relation to licence applications s 46Duration of licences s 46AVoluntary suspension of licence s 47Granting of licence s 47AAuthority may impose special licence conditions s 47BAuthority may impose, vary or revoke licence conditions s 47CBasis for Secretary exercising functions s 47DApplications s 47EImposition of licence conditions s 47FVariation or revocation of licence conditions s 47GVariation or revocation of condition prohibiting glass containers s 47HPowers may also be exercised for authorisations s 47ILimitation on Secretary’s powers under subdivision s 47JNatural justice for licensee s 47KConditions may be temporary s 47LCertain conditions about music and sound repealed s 48 s 49Extended trading authorisation—general provisions s 49AExtended trading authorisation—small bars s 49BSpecial provisions relating to multi-occasion ETAs s 50Drink on-premises authorisation s 51General provisions relating to licence-related authorisations s 52, 53 s 54(Repealed)s 54A-5854A–58 s 58APeriodic licence fee s 58BSuspension and cancellation for late payment of periodic licence fee s 58CApplication for reinstatement of cancelled licence s 59Removal of licence to other premises s 59AShort distance removal of unrestricted club licence or hotel licence s 60Transfer of licence s 60AAlternative process for transfer of licence s 61Application for transfer of licence on dispossession of licensee s 62Carrying on licensee’s business after death etc of licensee s 63Grant of application for endorsement of licence following death etc of licensee s 64Transfer of licence after death etc of licensee s 65Application of Division s 66Appointment of managers s 67Restrictions on who may be appointed as manager s 68Approval of persons to manage licensed premises s 69Notice of appointments s 70Liability of licensee for contravention by manager s 71Liability of directors etc for offences by corporation—accessory to the commission of the offences s 71AEvidence as to state of mind of corporation s 72Corporate licences—interpretative provisions s 72ADefinitions s 72BPreparation of cumulative impact assessment s 72CContents of cumulative impact assessment s 72DConsultation with relevant stakeholders s 72EPublication of cumulative impact assessment s 72FReview of cumulative impact assessment s 72GVariation of cumulative impact assessments s 72HRevocation of cumulative impact assessments s 72IRisks and potential effects s 72JDirections relating to “sale on other premises” authorisations s 72KRequirement to provide information in relation to persons interested in licensee’s business s 72LIncident registers s 72MAuthority may establish administrative policies and procedures in relation to licensing matters s 72NCourses of training and instruction for applicants and licensees s 73Prevention of excessive consumption of alcohol on licensed premises s 74Sale of stolen goods and possession, use or sale of drugs on licensed premises s 75Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises s 76Self-exclusion of patrons from licensed premises s 77Non-voluntary exclusion of persons from licensed premises s 78Banning orders s 79Definitions s 79A(Repealed)s 79BMaking disturbance complaints s 80Dealing with complaints s 80AGrounds on which Secretary may uphold disturbance complaint s 81Decision by Secretary in relation to complaint s 82Short-term closure of licensed premises s 83Urgent application for short-term closure order s 84Order by Authority for long-term closure of licensed premises s 85Further long-term closure orders s 86Breach of the peace s 87Secretary may make late hour entry declaration s 88Effect of late hour entry declaration s 89Provisions relating to making of late hour entry declaration s 90Secretary may vary or revoke late hour entry declaration s 90ADefinitions s 90BAuthority may set and change boundaries s 90CConsultation requirements for change of boundaries s 90DMeaning of “exempt application”s 91Responsibilities and liabilities in relation to licensed premises s 92Control of business conducted on licensed premises s 93Cessation of trade s 94-94B94–94B (Repealed)s 95Name of licensed premises s 96Temporary premises s 97Breath analysis equipment s 98Work carried out on licensed premises s 99Responsible sale, supply, service or promotion of liquor s 100Regulations may declare undesirable liquor products s 101Secretary may restrict or prohibit sale or supply of undesirable liquor products s 102Secretary may restrict or prohibit undesirable promotion of liquor s 102ASecretary may restrict or prohibit activities that encourage misuse or abuse of liquor s 103Closing of certain hotel and bottle shop areas s 104Person in bar area or certain other areas of hotel outside trading hours s 105Carrying liquor away from licensed premises outside trading hours s 106Delivery of liquor from unlicensed premises s 107Production of licence on licensed premises s 108Prohibition on providing money or extending credit for gambling s 108ARequirement to record credit transactions and extensions s 109Misrepresentation or misdescription of credit transactions s 110Falsely indicating that premises are licensed or that person is authorised to sell or supply liquor s 111Carrying liquor away from premises to which on-premises licence relates s 112Obtaining liquor by false representation s 113Carrying liquor for sale s 114Sale of liquor through internet or by other communication media s 114ADefinitions s 114BConditions of approval to conduct training courses s 114CProhibition on granting interim certificates to unqualified persons s 114DProhibition on providing training courses without approval s 114EDefinitions s 114FMeaning of “same day delivery”s 114GMeaning of “same day delivery provider”s 114HRestrictions on same day deliveries s 114HAAge to be verified when agreement made for same day delivery s 114IEvidence of identity and age required for same day deliveries s 114JLiquor not to be supplied to intoxicated person s 114KLiquor not to be supplied in alcohol-free zones, alcohol prohibited areas or restricted alcohol areas s 114LCut-off time for deliveries s 114MRecords to be kept about refusal to deliver liquor s 114NEmployees and agents not to be penalised for refusal to deliver in particular circumstances s 114OSelf-exclusion s 114PTraining of persons making same day deliveries s 114QSame day delivery providers liable for acts of employees and agents s 114RReview of regulation of liquor deliveries s 115Declaration of restricted alcohol area s 116Provisions relating to making of regulations declaring restricted alcohol areas s 116BInterpretation s 116CPrescribed precincts s 116D, 116E(Repealed)s 116FTemporary banning orders—licensed premises in prescribed precinct and adjacent precincts s 116GLong-term banning orders—high risk venues s 116HAdministrative review by Civil and Administrative Tribunal of long-term banning orders s 116IRegulatory controls for licensed premises in prescribed precincts s 117Offences relating to sale or supply of liquor to minors s 118Offences relating to consumption etc of liquor by minor s 119Licensee not to allow minors to sell or supply liquor on licensed premises s 120Responsible adult not to allow minor to consume liquor on licensed premises s 121Minors in hotels in company of responsible adult s 122Functions for minors in hotels and public entertainment venues s 122AMinors in small bars s 123Minor not to enter or remain in certain licensed premises s 124Licensee not to allow minors to enter or remain in certain licensed premises s 125Responsible adult not to leave minor unaccompanied on licensed premises s 126Minors must be refused entry to licensed premises s 127Notices to be displayed in relation to minors on licensed premises s 127AMinors at music festivals s 128Minor required to provide information s 129Minor must not use false evidence of age s 130Minors not to be detained s 130ADefinitions s 130BLicensed premises in passenger terminals s 130CDuty free and other take-away liquor sales s 130DContraventions—powers of Secretary s 130EPowers of Secretary—Aerotropolis s 130FLive music venues s 130GLive performance venues s 130HSpecial entertainment precinct venues s 130IIncentivised event venues s 130JDefinition s 130KLive music and performance venues s 130LSpecial entertainment precinct venues and incentivised event venues s 130MRecords must be kept about extended hours s 130NProvisions of division prevail s 130OListed live music and performance venues s 131Definitions s 132Eligible parties to local liquor accord s 133Establishing local liquor accord s 134Terms of local liquor accords s 135Registration and termination of local liquor accord s 136Requirement to contribute to costs of implementing local liquor accord s 136AGeneral provisions s 136BSecretary may approve liquor accords for designated precincts s 136CSecretary may approve liquor accords for community events s 136DContent of precinct and community event liquor accords s 136ERequirement to participate in precinct or community event liquor accord s 136FPrecinct liquor accord contributions and fund s 137Interpretation s 137ACodes of practice s 138Secretary may carry out inquiries and investigations in relation to complaints and proposed complaints s 139Grounds for making complaint s 140Procedure for taking disciplinary action s 141Disciplinary powers of Authority s 142Procedure for implementing disciplinary action s 143Requirement for legal member of Authority to be present s 144Administrative review by NCAT of decisions by Authority under this Part s 144APart 9 not affected s 144BDefinitions s 144CCommitting demerit offence s 144DDemerit points register s 144ESecretary to record demerit points incurred or imposed s 144FSecretary may publish details from demerit points register s 144GWhen demerit points come into force or expire s 144HDemerit points incurred for demerit offences—licensed premises other than club premises s 144IDemerit points incurred for demerit offences—club premises s 144JNotice of demerit points incurred s 144KDefinition s 144LAuthority may impose demerit points in relation to prescribed complaints s 144MNotice of proposed demerit points s 144NDecision about imposition of demerit points s 144OAuthority to give notice of decision s 144PRemedial action—accumulation of 2–3 demerit points s 144QRemedial action—accumulation of 4–5 demerit points s 144RRemedial action—accumulation of 6 or more demerit points s 144SDefinition s 144TRemedial action—accumulation of 2–3 demerit points s 144URemedial action—accumulation of 4–5 demerit points s 144VRemedial action—accumulation of 6 or more demerit points s 144WRemedial action—accumulation of 2–3 demerit points s 144XRemedial action—accumulation of 4–5 demerit points s 144YRemedial action—accumulation of 6 or more demerit points s 144ZNotice of proposed remedial action s 144ZARequirements for deciding to take remedial action s 144ZBProvisions relating to conditions imposed on licences under Subdivision 2 or 3 s 144ZCApplication by licensee or manager of licensed premises to remove a category 1 demerit point s 144ZDApplication to remove demerit points s 144ZEDeciding application to remove demerit points s 144ZFReinstatement of demerit points s 144ZGSubmissions not to be used for prosecuting offences s 144ZHAdministrative review by NCAT s 144ZIEffect of appeals against convictions for demerit offences s 144ZJSecretary may accept enforceable undertakings s 145Proceedings for offences s 146Time within which proceedings for offences may be commenced s 147(Repealed)s 148Additional penalties may be imposed by court s 149Licensees and managers liable for act of employees etc s 149AGeneral defence available to managers of club premises s 150Penalty notices s 151Forfeiture and seizure of liquor and other things s 152Evidentiary provisions s 153(Repealed)s 154Review of disqualification by Authority s 155(Repealed)s 156Report by Authority on liquor licensing matters s 157Delegations s 158Crown not liable for any compensation s 159Regulations s 160Savings and transitional provisions s 161Repeals s 162Review of Act s 163, 163A(Repealed)s 164Purpose s 165Definitions s 166Local councils may allow use of outdoor space for dining and performance s 167(Repealed)s 1Regulations s 2Definitions s 3General provisions s 4Existing hotelier’s licence s 5Existing nightclub licence s 6Existing off-licence (retail)s 7Existing restaurant licence s 8Other existing on-licences s 8ARestricted trading days—existing on-licences s 9Existing on-premises licence (function)s 10Existing caterer’s licence s 11Existing vigneron, wholesaler and brewer licences s 12Existing community liquor licence s 13Existing Governor’s licence s 14Existing special event licence s 15Existing Australian wine licence s 16Definition s 17Phasing-out of existing RTA proof of age cards s 18Manufacturing false proof of age cards s 19Giving or lending proof of age cards s 20Tampering with proof of age cards s 21Confiscation of existing RTA proof of age cards s 22Definitions s 23Abolition of Licensing Court and continuation of judicial office s 24Abolition of Liquor Administration Board s 25Pending applications and proceedings under former Act s 25AFurther transitional provisions relating to pending SIAs and other matters under former Act s 26General savings provision s 27Grant and cancellation of licences and approvals to manage licensed premises s 28Definition s 29Pending liquor-related applications s 30Crown not liable for any compensation s 31Disturbance complaints s 32Offences occurring before commencement of Part 9A s 33Conditions imposed by Authority to reduce trading hours s 34Operation of amendments to Part 9A s 35Definition s 36Application of temporary licence and development consent freeze provisions to extended Kings Cross precinct s 37Existing Kings Cross liquor accords s 38Crown not liable for any compensation s 39Conversion of existing general bar licences to small bar licences s 40Review of amendments relating to small bars s 41Review of amendments relating to Kings Cross precinct ID scanner system s 42Definition s 43Kings Cross precinct s 44Extended trading authorisations s 45Authorisation to sell liquor for consumption away from licensed premises s 46Crown not liable for any compensation s 47Review of amendments relating to “lock outs” and cessation of liquor sales at 3 am in Sydney CBD Entertainment precinct s 48Definition s 49Existing authorisations under section 24(3)s 50Existing approvals of courses of training or instruction s 51Existing local liquor accords s 52Existing incident registers s 53Additional sanctions for selling liquor to minors on licensed premises s 54Definition s 55Application of extended freeze period to Kings Cross precinct s 56Prescribed precincts s 573 strikes scheme under Part 9A s 58Definition s 59Duration of licences s 60Existing competency cards s 61Existing conditions of approval to conduct RSA training courses s 62Definitions s 63Existing suspensions or cancellations of licences continue s 64Existing disqualifications continue s 65Existing strikes revoked s 66Existing remedial action resulting from strikes continues s 67Trading hours for small bars s 68Extended trading authorisation for Sundays s 69Standard trading hours s 70Certain live entertainment conditions cease to have effect s 71Entertainment conditions not to be imposed s 72Powers of local councils to encourage use of outdoor space s 73Application of fee payable under section 25A to particular applications s 74Application of section 59A to particular applications to remove unrestricted club licences to other premises s 75Application of Part 12 s 76Definition s 77Listed live music and performance venues s 78Requirement for sealed containers s 79Variation or revocation of licence conditions s 80Licence conditions—applications by licensee s 81Relevant events s 82Renumbered and re-enacted provisions

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28

Definition

In force

28 Definition

In this Part—

amending Act means the Liquor Amendment (Temporary Licence Freeze) Act 2009.

This Act’s bill:Explanatory memorandum Second reading speech

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