Hotel licence: kinds, effect and conditions
41 Hotel licence: kinds, effect and conditions
[(1aa) deleted]
For the purposes of this Act —
where a hotel licence is not subject to any condition referred to in subsection (4) it shall be referred to as a tavern licence; and
where a hotel licence is subject to a condition —
prohibiting the sale of packaged liquor to persons other than lodgers; and
restricting the sale of liquor to be consumed on the licensed premises,
it shall be referred to as a hotel restricted licence; and
where a tavern licence is subject to a condition —
prohibiting the sale of packaged liquor; and
restricting the sale of liquor to be consumed on the licensed premises,
it shall be referred to as a tavern restricted licence,
and an application may be made for a tavern licence or a tavern restricted licence if the applicant does not seek a licence for a hotel offering accommodation, or for a hotel restricted licence only.
Subject to this Act, during permitted hours the licensee of a hotel licence is authorised to keep open the licensed premises, or part of those premises, and, while those premises are open —
may sell liquor on the premises to any person for consumption on the premises; and
may, unless the licence is a hotel restricted licence or a tavern restricted licence, sell packaged liquor on and from the premises to any person.
At a time when a sale of packaged liquor to any other person would not be within permitted hours, the authority to sell packaged liquor to a lodger extends only to such quantities as might reasonably be consumed by the lodger on that day.
Unless it is a tavern licence, a hotel licence —
subject to subsection (5) and to any variation under subsection (6), is subject to the condition that the licensee provides guest accommodation for any person; and
subject to subsection (5) and without limiting section 64, is subject to any condition imposed by the Director requiring meals to be provided to lodgers.
A licensee is not required to comply with a condition of the kind referred to in subsection (4) if —
the person seeking the guest accommodation or, if applicable, the meal, is a person who may be refused entry to the licensed premises by the licensee under section 115(4); or
the licensee has no available accommodation, or can not provide a meal, by reason of prior bookings; or
some other proper reason exists.
Where the Director is satisfied —
that there is not, at any time or during any specific period, a significant need for guest accommodation in the locality; or
that, despite the existence of such a need, adequate guest accommodation is available to the public; or
that circumstances that would justify a temporary removal of the licence or redefinition of the licensed premises exist,
and that in consequence no useful purpose will be served by the continuance, or the continuance during that period, of a requirement to provide guest accommodation, the Director may, on application, vary the conditions of a hotel licence so as to reduce the extent of the accommodation required or the times at which it is to be provided or may order that, either permanently or at specified times, the licence shall have effect as a tavern licence or a tavern restricted licence.
Where the Director is satisfied that, at any time or during any specific period, there is no significant need to provide for the sale of packaged liquor to persons other than lodgers the Director may, on application, vary the conditions of a hotel licence so that it has effect as a hotel restricted licence.
[Section 41 amended: No. 12 of 1998 s. 27; No. 26 of 2001 s. 4; No. 73 of 2006 s. 34 and 108; No. 56 of 2010 s. 41; No. 9 of 2018 s. 21; No. 20 of 2025 s. 67, 124(1) and 125.]
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