Restrictions on alteration or redefinition of certain packaged liquor premises
77A Restrictions on alteration or redefinition of certain packaged liquor premises
In this section —
packaged liquor premises has the meaning given in section 36B(1);
prescribed area means the area prescribed for the purposes of this section;
prescribed distance means the distance prescribed for the purposes of this section;
retail section, in relation to packaged liquor premises, means the part or parts of the premises on which packaged liquor is displayed for the purposes of sale or sold.
Subsection (3) applies to packaged liquor premises if —
the premises are situated less than the prescribed distance from other packaged liquor premises; and
the area of the retail section of the other packaged liquor premises exceeds the prescribed area.
The Director must refuse an application made under section 77(4) in respect of packaged liquor premises to which this subsection applies —
if —
the area of the retail section of the premises does not exceed the prescribed area; and
the proposed alteration or redefinition of the premises would increase the area of the retail section of the premises so that it exceeds the prescribed area;
or
if —
the area of the retail section of the premises exceeds the prescribed area; and
the proposed alteration or redefinition of the premises would increase the area of the retail section of the premises.
Regulations made for the purposes of the definition of prescribed distance in subsection (1) may prescribe different distances in relation to packaged liquor premises in different areas of the State.
[Section 77A inserted: No. 9 of 2018 s. 45; amended: No. 20 of 2025 s. 67 and 124(1).]
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