Authorisation to sell liquor for consumption away from licensed premises
47 Authorisation to sell liquor for consumption away from licensed premises
An authorisation under section 26 of the Act to sell liquor for consumption away from the premises to which an on-premises licence relates may be granted by the Authority only if—
the licence is held by or on behalf of a non-proprietary association and the Authority is satisfied that the licensed premises promote tourism or industry in the local area in which the premises are situated, or
the licensed premises are situated in or on a facility that is under the control or management of a public authority (whether or not the licence is held by or on behalf of the public authority).
An authorisation under section 26 of the Act is subject to the following conditions—
in the case of licensed premises referred to in subclause (1)(a)—liquor may only be sold for consumption away from the premises if it has been produced in the local area in which the premises are situated,
in the case of licensed premises referred to in subclause (1)(b)—liquor may only be sold for consumption away from the premises if it is a souvenir liquor product of the public authority concerned.
An authorisation under section 26 of the Act cannot authorise the sale of liquor between midnight and 5 am.
An authorisation under section 26 of the Act cannot be granted if the premises to which the on-premises licence relates are a vessel, an aircraft or any moving vehicle.
For the purposes of subclause (2)(b), liquor is a souvenir liquor product of a public authority only if—
the bottle or other container in which the liquor is contained is, with the permission of the public authority, marked with the name, logo or other distinguishing feature of the public authority or the facility in or on which the licensed premises are situated, and
it is promoted primarily as a souvenir of the public authority or that facility, and
it is sold or made available for sale with the permission of the public authority.
In this clause—
facility means a facility (including any building or land) that is operated or used for a cultural, sporting, recreational, educational or scientific purpose.
public authority means each of the following—
a statutory body representing the Crown, including a NSW Government agency to which the Interpretation Act 1987, section 13A applies,
a Council within the meaning of the Health Practitioner Regulation National Law (NSW), Part 5A.
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