Restrictions on grant of permit for trading between 12a.m. and 5a.m.
103IA Restrictions on grant of permit for trading between 12a.m. and 5a.m.
This section applies if an application is made under section 103I(a)(i).
The commissioner may grant an extended hours permit only if satisfied it is to sell liquor on a special occasion that persons independent of the licensee, and of the owner or occupier of the licensed premises, wish to celebrate on the licensed premises.
The commissioner may only grant an extended hours permit for—
the time the special occasion is happening; and
a reasonable time, before or after the time the special occasion is happening, the commissioner considers appropriate to ensure the maintenance of a safe environment in and around the licensed premises.
Example—
On the occasion of an international sporting match being televised from 1a.m. to 3a.m., the commissioner may grant a permit for trading between 12a.m. and 3.30a.m., in order to allow for the gradual arrival and departure of patrons attending the premises for the occasion.
The commissioner may not grant extended hours permits relating to the same licensed premises that would extend trading hours on 2 or more consecutive days, or on more than 1 day in a calendar month, unless satisfied the permits are to sell liquor on the same special occasion.
In this section—
celebrate includes mark.
special occasion means—
the occasion of a special public event; or
a wedding, birthday or other private occasion being celebrated at a function that is not open to the public.
special public event—
means a unique or infrequent event of local, State or national significance; and
Examples—
• a local music festival happening over a weekend
• a televised international sporting match involving an Australian team
includes an event prescribed by regulation, or of a class of events prescribed by regulation, to be a special public event; and
does not include an event prescribed by regulation, or of a class of events prescribed by regulation, not to be a special public event.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.