Occasional licence: effect, conditions and requirements
59 Occasional licence: effect, conditions and requirements
An occasional licence authorises the licensee to sell, or the supply or consumption of, liquor —
at such times, and on such occasion or during such period not exceeding 3 weeks, as may be specified; and
at such places, and within such designated area, as may be specified; and
subject to such terms or conditions as may be specified.
An occasional licence shall not be granted —
if, in the opinion of the Director —
the place in which the sale, supply or consumption of liquor would be authorised by the licence may not lawfully be used for that purpose; or
where the applicant holds another licence, the issue of an extended trading permit issued relating to, or the variation or cancellation of a term or condition of, that licence would be a more appropriate means of achieving the purpose for which the occasional licence is sought; or
sufficient facilities and expertise to enable the licence to be operated in a proper manner may not be provided; or
adequate measures to ensure that trading is not conducted in a manner detrimental to the public interest may not be taken; or
the grant of a further occasional licence would tend to establish an undesirable pattern, where the application is made in respect of a function organised by a particular person or body of persons, or on behalf of a particular cause, to whom or which or on behalf of which previous occasional licences have been granted;
or
unless the applicant, if so required, satisfies the Director —
where the licence is sought in respect of a function organised by a person other than the applicant, that the consent of the organiser to the proposed sale of liquor has been obtained; and
that the consent of the occupier, or of the person or authority having control, of the premises where the sale, supply or consumption of liquor will take place has been obtained.
Where an application is made under this section, a licensee who desires to participate in any arrangement whereby the benefit arising from the holding of the licence accrues to any other person shall inform the Director who may then authorise an arrangement under which the licensee is to pay to that person —
a proportion of the gross receipts obtained by the licensee from the sale of liquor under the occasional licence; or
a proportion of an inclusive charge paid to the licensee or some other person in respect of the sale of liquor with some other service; or
a calculable amount, upon a specified basis,
in such manner and upon such conditions as the Director may approve even if such an arrangement might otherwise contravene a condition of the licence or of the kind referred to in section 60(3)(a) or section 104.
Where the Director so requires the liquor sold or supplied under an occasional licence shall be purchased for the purpose from a supplier, or a supplier selected from a list of suppliers, specified in the licence.
An occasional licence may be granted in relation to a festival or other event authorising the organiser and specified persons participating in or associated with that festival or event to sell liquor, or liquor of a specified description, during such period or on such occasions as may be specified.
Without limiting section 64, the Director may impose a condition on an occasional licence requiring that any manager of premises that are the subject of the licence (other than a person appointed under section 100(3)) be an approved unrestricted manager.
In this section, specified means specified in the licence.
The Director may cancel an occasional licence at any time if satisfied that the licence is no longer appropriate.
[Section 59 amended: No. 12 of 1998 s. 39(1); No. 56 of 2010 s. 12; No. 20 of 2025 s. 67.]
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