Liquor Regulation 2018

This Regulation is the Liquor Regulation 2018.

This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Liquor Regulation 2008, which is repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

accredited credential service provider, for Part 7B—see clause 107CA.

accredited identity service provider, for Part 7B—see clause 107CA.

agreed health and medical plan has the same meaning as in the Music Festivals Act 2019.

fee unit—see Part 4 of Schedule 1.

general late trading period, in relation to premises, means—

the period between midnight on any day of the week and such later time at which the premises are required to cease trading, or

in the case of premises that are not required to cease trading at any time after midnight on any day of the week—the period between midnight and 7 am.

high risk venue means a high risk venue within the meaning of section 116B of the Act.

licence-related authorisation means any of the following—

an extended trading authorisation,

a drink on-premises authorisation,

any other authorisation that may be granted by the Authority under Part 3 of the Act (other than a licence),

a minors area authorisation,

a minors functions authorisation,

a minors authorisation.

Liquor & Gaming NSW means that part of the Department of Creative Industries, Tourism, Hospitality and Sport known as Liquor & Gaming NSW.

multi-function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, more than one function.

multi-occasion extended trading authorisation has the same meaning as in the Act, section 49B.

music festival has the same meaning as in the Music Festivals Act 2019.

music festival organiser has the same meaning as in the Music Festivals Act 2019.

ongoing extended trading authorisation means an extended trading authorisation of the kind referred to in section 49(5)(a) or 49A(3)(a) of the Act.

planning approval means—

development consent under the Environmental Planning and Assessment Act 1979, or

an approval under Division 5.2 of that Act.

pop-up licence—see Division 2A of Part 4.

provisionally accepted provider, for Part 7B—see clause 107CA.

RSA marshal means a person who is employed for the purposes of carrying out RSA supervisory duties on licensed premises.

RSA supervisory duties means the following—

monitoring responsible service of alcohol practices by staff members of licensed premises who are selling, supplying or serving liquor,

engaging with those staff members, and with patrons on the premises, for the purposes of encouraging responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor,

monitoring alcohol consumption by patrons and their behaviour for signs of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication,

intervening at any early stage to assist in the prevention of intoxication and anti-social behaviour (such intervention may include suggesting that patrons moderate their alcohol consumption by consuming food or non-alcoholic beverages).

single function limited licence means a limited licence authorising the sale or supply of liquor as part of, or in connection with, one (but not more than one) function.

special drink on-premises authorisation means a drink on-premises authorisation of the kind to which clause 37 applies.

special occasion extended trading authorisation means an extended trading authorisation of the kind referred to in section 49(5)(b) or 49A(3)(b) of the Act.

staff member, in relation to licensed premises, means any employee or agent of, or person purporting to act on behalf of, the licensee of the premises, and includes any person who is employed to carry on activities as a crowd controller or bouncer on or about the premises.

subject premises means premises in a prescribed precinct that are subject to conditions prescribed by Part 7, Division 1.

Sydney CBD Entertainment precinct means the area of that name described in Part 2 of Schedule 2.

the Act means the Liquor Act 2007.

tourist accommodation establishment means premises—

operating under an on-premises, hotel or club licence that relates to accommodation premises, and

that provide accommodation in at least 20 rooms or self-contained suites (other than accommodation on a bed or dormitory-style basis rather than in separate rooms), and

that provide beverages, meals and other associated services to temporary residents and their guests,

but does not include any tourist accommodation establishment bar area on the premises that permits entry or exit (including by way of a vestibule) directly to a public street.

tourist accommodation establishment bar area, in relation to a tourist accommodation establishment, means any part of the establishment in which liquor is ordinarily sold or supplied for consumption in the establishment, but does not include—

a dining area in the establishment, or

any part of the establishment in which liquor is, otherwise than as authorised under section 17(6) of the Act, sold or supplied exclusively to residents.

Trusted Digital Identity Framework or TDIF, for Part 7B—see clause 107CA.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

For the purposes of this Regulation, references to sound and noise are taken to have the same meaning.

Notes included in this Regulation do not form part of this Regulation.

The application fees payable for the purposes of the Act are the fees specified in Schedule 1 (except as provided by clause 5).

The amount of the fee payable for an application is the amount specified under the heading “Total” in relation to the application concerned.

If an application specified in Schedule 1 (other than an application for a limited licence (single function)) is made by means of an electronic system approved by the Authority, the amount specified under the heading “Processing component” in respect of the application is reduced by 10% and the total amount payable under this clause is reduced accordingly.

If an application—

is refused by the Authority, or

is granted by the Authority but is subsequently withdrawn by the applicant before the licence or other authorisation concerned takes effect, or

is treated by the Authority as having been withdrawn,

the fee that has been paid in connection with the application is to be refunded to the applicant, except for any amount specified under the heading “Processing component” (which is taken to be a fee to cover the costs incurred by the Authority in processing the application concerned).

If an application for a producer/wholesaler licence is made in conjunction with an application for a special drink on-premises authorisation but the authorisation is not granted, the applicant may vary the application so that it only relates to a producer/wholesaler licence (in which case the full producer/wholesaler licence fee specified in Schedule 1 is taken to apply).

Variation of extended trading authorisation For the purposes of section 51(10) of the Act, the application fee to vary an extended trading authorisation is the same as the application fee would be for the extended trading authorisation (as varied) unless the variation reduces the number of trading hours in which case the application fee is nil.

Removal of licence to other premises For the purposes of section 59(2)(b) of the Act, the application fee for approval to remove a licence to other premises is the same fee as the licence application fee specified in Part 1 of Schedule 1 for the particular type of licence concerned.

For the purposes of section 60A(3)(b) of the Act, the following fees are prescribed—

3.79 fee units for a hotel licence or a packaged liquor licence,

0.54 fee units for a limited licence or a pop-up licence,

2.16 fee units for any other type of licence.

The fees payable in connection with matters under Part 5 are as follows—

Item

Fee payable to Secretary

Fee (in fee units)

1

Fee payable by approved training provider for issue of interim certificate certifying the completion of an approved training course (other than an advanced licensee training course)

0.85

2

Fee payable by approved training provider for issue of interim certificate certifying the completion of an advanced licensee training course

0.4

3

Fee payable by person for issue of recognised competency card with renewed or additional recognised competency card endorsement

0.4

4

Fee payable by person for issue of recognised competency card in replacement of a current recognised competency card that the Secretary is satisfied has been lost, stolen or damaged

0.4

4A

Fee payable by person for issue of recognised competency card with an RSA endorsement issued on the basis of an interim certificate certifying the completion of an RSA bridging course or licensee training course

0.85

5

Fee payable by applicant to become approved training provider of approved training course—

for a first approval

15.3

for a second or subsequent approval

8.44

6

Fee payable by approved training provider for additional approval to provide training course online—

for a first approval

15.3

for a second or subsequent approval

8.44

A person is exempt from paying the fee described in item 3 of subclause (1) if—

the renewed recognised competency card endorsement is an RSA endorsement, and

the RSA endorsement is renewed by the completion of an RSA training course instead of an RSA refresher course.

Words and expressions used in this clause have the same meaning as in Part 5.

For the purposes of section 99(2)(c) of the Act, the following fees are prescribed—

0.24 fee units—fee for online training under clause 107G(4), including fee for knowledge test under clause 107G(3),

0.15 fee units—fee for knowledge test under clause 107G(3).

A person who is required to pay a fee under the Act may apply to the Secretary for the waiver, reduction, postponement or refund of that fee.

On receiving such an application, the Secretary may—

waive, reduce, postpone or refund the fee, if the Secretary is satisfied that it is appropriate because—

the applicant is suffering financial hardship, or

special circumstances exist, or

Example of ‘special circumstances’—

circumstances involving a natural disaster or recovery from a natural disaster

refuse to waive, reduce, postpone or refund any element.

However, a person may not apply under this clause for the waiver, reduction, postponement or refund of any or all elements of a periodic licence fee, or part of an element of a periodic licence fee, payable in respect of a licence.

The Secretary may waive, reduce, postpone or refund any fee payable under the Act, without having received an application under subclause (1), if the Secretary is satisfied it is appropriate because special circumstances exist.

Example of ‘special circumstances’—

circumstances involving a natural disaster or recovery from a natural disaster

(Repealed)

A licensee is exempt from the requirement to pay a fee in relation to an application made under the Act, section 47D to vary or revoke a condition referred to in the Act, section 47F(2)(c)–(f).

The Secretary may reduce or refund a proportion of the fee payable for an application for an ongoing extended trading authorisation if—

the authorisation is of a type listed in Schedule 1, Part 2, and

the application relates to licensed premises that are a listed live music and performance venue—

when the application is made, or

within 12 months after the application is made.

The proportion must not be more than 80% of the total fee payable.

This clause does not limit clause 7A.

In this Division—

assessment date for a periodic licence fee means—

in relation to a part year licence—the date on which the part year licence is granted, and

in relation to any other licence—15 March in each assessment year.

assessment year means a period of 12 months commencing on 15 March.

base fee element—see clause 10.

compliance history risk loading element—see clause 11.

due date for the payment of a periodic licence fee means—

in relation to a part year licence—60 days after the day on which the Secretary sends a notice to the licensee liable to pay the fee under clause 15, and

in relation to any other licence—29 May in each assessment year.

element of a periodic licence fee—see clause 9(1).

part year licence, in relation to an assessment year, means a licence that is granted on or after 16 March in that assessment year.

patron capacity loading element—see clause 14(1).

periodic licence fee means the periodic licence fee payable in respect of an assessment year for a licence (under section 58A of the Act).

trading hours risk loading element—see clause 12(1).