Liquor Act 1992

The principal activity of a business conducted under a nightclub licence is the provision of entertainment on the licensed premises and the sale of liquor for consumption on the licensed premises while the entertainment is provided.

The authority under a nightclub licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1).

It is consistent with the principal activity of a nightclub licence to sell or supply liquor for consumption on the premises during a relevant period, even though no entertainment is being provided, if the liquor is sold or supplied in association with a consumer eating a meal on the premises.

However, subsection (3) applies only if the licensee complies with section 67A(3)(b) to (d) as if a reference in that provision to a trading day were a reference to the part of a trading day during a relevant period that the licensee sells or supplies liquor while no entertainment is being provided.

In this section—entertainment—

means entertainment provided by a person—

who is physically present when providing the entertainment; and

whose function is to present the entertainment; and

does not include entertainment using facilities that do not require a person present to provide the entertainment.Examples of facilities that do not require a person to be present—

for premises to which an extended trading hours approval applies for trading between 9a.m. and 10a.m.—between 9a.m. and 5p.m.; or

if paragraph (a) does not apply—between 10a.m. and 5p.m.