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These Regulations may be cited as the Liquor Regulations 2019.
(1) These Regulations, except regulations 53 and 55, commence on the commencement of the Liquor Act 2019.
Regulations 53 and 55 commences on 1 October 2020.
In these Regulations:
ASGS NT maps means Australian Statistical Geography
Standard Volume 1 – Northern Territory Maps dated July 2011.
Darwin urban liquor control area means the Darwin region, other than the Humpty Doo, Koolpinyah and Weddell localities of the Litchfield Statistical Area 70103, as delineated in the ASGS
NT maps.
full meal means a meal expected to be served at a restaurant that is eaten when seated at a table or bar.
full-strength, in relation to liquor, means liquor that contains more than 3.99% ethyl alcohol by volume.
infringement notice offence is an offence against a provision specified in Schedule 6.
light meal means a meal that may be eaten with the hands while standing.
Examples for definition
light meal
Finger food, canapé style plates, sandwiches, pies and tapas.
low-strength, in relation to liquor, means liquor that contains less than 3.01% ethyl alcohol by volume.
member, in relation to a club, means an individual who is entitled under the rules of the club to exercise the rights and privileges of membership or a class of membership in the club.
mid-strength, in relation to liquor, means liquor that contains between 3.01% and 3.99% ethyl alcohol by volume.
prescribed amount, in relation to an infringement notice offence, see regulation 113.
region, see regulation 4.
The regions are the following 6 regions in accordance with the ASGS NT maps:
Darwin Region;
Daly – Tiwi – West Arnhem Region;
East Arnhem Region;
Katherine Region;
Alice Springs Region;
Barkly Region.
For section 52A(1) of the Act, definition low risk application, each authority listed in Schedule 2 with a specified risk classification of low risk or very low risk is prescribed.
(1) For section 43(2)(f) of the Act, no licence is required for the sale, supply or service of a product that:
(a) is manufactured for use as an additive or ingredient in preparing food; and
is not drinkable or palatable as a beverage.
Examples for subregulation (1)
Asian cooking wine and soy sauce.
(2) Despite subregulation (1), a licence is required for the sale, supply or service of flavour extract in containers of 50 ml or more.
Example for subregulation (2)
Vanilla extract.
Note for subregulation (2)
Section 43(2)(e) of the Act only exempts flavour extracts from needing a licence for their sale, supply or service if the containers do not exceed 50 ml.
Subject to subregulation (2), the fees for making an application under the Act are set out in Schedule 1.
For section 70(1) of the Act, a prescribed criteria for the fee for making an application for a licence or authority is whether the applicant requests that a decision be on the application be expedited within 30 business days of the application being lodged.
The fee for an application with the expedited decision factor prescribed under subregulation (2) is 415 revenue units.
To avoid doubt, payment of the fee under subregulation (2) does not guarantee that a decision on the application will be made within
30 business days.
The fee to issue a new licence with new authorities to a licensee is the base fee determined under regulation 10.
The fee to issue a new authority to a licensee who already holds a licence and one or more other authorities is as follows:
if the new authority has the same or lower risk classification as the other authorities – no fee;
if the new authority has a higher risk classification than the other authorities – the base fee for the authority determined under regulation 10 pro-rated for the remaining portion of the year.
Note for regulation 8
Section 328 of the Act provides for fees for licences issued under the Liquor Act 1978 and converted under section 324 of the Liquor Act 2019.
For section 69(1) of the Act, the annual fee under this regulation is payable for the years after the year in which the licence or authority was issued.
The annual fee is not payable for any licence or authority issued in respect of a single event.
Examples for subregulation (2)
A community event authority or major event authority.
The total annual fee a licensee must pay for the licence and all authorities held by the licensee is calculated on the basis of the following formula:
F is [(BF x V x H) x (1 – D)] x Br
where:
F is the annual fee payable for the licence and all authorities held by the licensee.
BF is the base fee determined under regulation 10.
Br is the breach multiplier determined under regulation 11.
D is the discount multiplier determined under regulation 12.
H is the hours multiplier determined under regulation 13.
V is the volume multiplier determined under regulation 14.
Despite the formula in subregulation (3), the total annual fee is a minimum of 50% of the base fee determined under regulation 10.
The base fee for a licence and all authorities held by a licensee is the base fee for the authority with the highest risk classification held by the licensee.
In the case of a licence with more than one authority, there is no fee payable for any authority held by the licensee other than the authority with the highest risk classification.
The risk classification for each authority is set out in
Schedule 2.
The base fee is listed in the following table opposite the risk classification.
Risk classification |
Base fee (revenue units) |
very high risk |
1653 |
high risk |
827 |
moderate risk |
414 |
low risk |
290 |
very low risk |
83 |
The breach multiplier is listed in the following table opposite the number of the licensee's breaches during the previous 2 years.
Number of breaches |
Breach multiplier |
0 |
1.00 |
1 |
1.10 |
2 |
1.25 |
3 |
1.50 |
4 |
2.00 |
5 |
3.00 |
In this regulation:
breach means any of the following:
a finding of guilt for an offence against the Act committed by the licensee;
a finding of guilt for an offence against the Act committed by an employee of the licensee acting in the course of employment;
an infringement notice issued under the Act to the licensee if:
the notice is paid; or
the period allowed for an appeal of the notice expires without an appeal being made;
any disciplinary action taken against the licensee under the Act.
(1) The discount multiplier is equal to 0.05 multiplied by the number of each of the following activities that the licensee adopts and maintains in relation to the licensed premises:
(a) providing live, original local music or entertainment on the licensed premises at least once a week in accordance with any guidelines issued by the Commission;
(b) voluntarily installing and maintaining video surveillance equipment for the licensed premises, keeping the licensed premises under video surveillance during the hours of operation, keeping a record of that surveillance during the hours of operation for at least 14 days and making that record available to inspectors and police officers on request;
(c) voluntarily hiring security personnel or crowd control personnel when not required to do so under the conditions of the licensee's authority;
(d) voluntarily installing and using a system to scan the identification documents of patrons entering the licensed premises;
(e) being a member of a liquor industry group, approved by the Director, that has a code of conduct for its members;
voluntarily being a member of a liquor accord;
(g) in the case of a club authority or community club authority –implementing the Good Sports program or a similar program approved by the Director;
(h) having no breaches, as defined in regulation 11(2), within the previous 2 years.
(2) To avoid doubt, the discount multiplier is limited to a maximum of 0.4.