Purposes for which special facility licence may be granted
9A Purposes for which special facility licence may be granted
Works canteen
A special facility licence may be granted for the purpose of allowing the sale of liquor at a works canteen, or at other specified premises, to workers and their guests.
A licence granted for this purpose may permit the sale of packaged liquor.
In this regulation —
specified means specified in the licence;
worker means a person —
working on a specified project; or
working for a specified business;
works canteen means a canteen, located at or near the place where a specified project is being undertaken or a specified business is being carried on, catering for the needs of workers.
Theatre or cinema
A special facility licence may be granted for the purpose of allowing the sale of liquor at a theatre or cinema to persons attending a performance or film at the theatre or cinema.
Reception or function centre
A special facility licence may be granted for the purpose of allowing the sale of liquor at a reception or function centre (being premises primarily used as a venue for functions and receptions) to persons attending a reception or function at the centre.
Transport
A special facility licence may be granted for the purpose of allowing the sale of liquor —
at an airport, railway station, bus station or seaport; or
on a train, bus, ship or vehicle,
to passengers and their guests.
A special facility licence granted for the purpose of allowing the sale of liquor on a train, bus, ship or vehicle may also be granted for the purpose of allowing the sale of liquor at another place of business of the licensee if —
the sale is in connection with a booking for travel on a train, bus, ship or vehicle; and
the liquor is to be supplied on the train, bus, ship or vehicle.
Tourism
A special facility licence may be granted for the purpose of allowing the sale of liquor to persons likely to be attracted to, or present at, a place that, in the opinion of the licensing authority, is or will become —
an attraction for tourists; or
a facility that enhances the State’s tourist industry.
A licence granted for this purpose may permit the sale of packaged liquor.
In subregulation (7) —
tourist means a person who is —
staying at a place that is at least 40 km from his or her usual place of residence for a period of at least one night; and
intending to stay away from his or her usual place of residence for a period of less than 12 months; and
not in the course of travelling on a regular journey between his or her usual place of residence and his or her place of work or education; and
travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason.
Education and training institution
A special facility licence may be granted for the purpose of allowing the sale of liquor at a vocational education and training institution or a higher education institution to students and staff of the institution and their guests.
Education and training course
A special facility licence may be granted for the purpose of allowing the sale or supply of liquor —
by a vocational education and training institution or higher education institution for tasting by students for the purposes of a course of instruction or training conducted by the institution in which the students are enrolled; or
by students enrolled in a course of instruction or training conducted by a vocational education and training institution or higher education institution, if the liquor is sold or supplied for the purposes of the course.
A special facility licence may be granted for the purpose referred to in subregulation (10a) only if —
any tasting of liquor by the students is to be supervised at all times and is to be assessed for the purposes of the course of instruction or training in which the students are enrolled; and
the students are aged 16 years or older.
A special facility licence may be granted for the purpose of allowing the sale or supply by a vocational education and training institution or higher education institution of liquor produced as part of an approved viticulture course conducted by the institution.
A special facility licence may be granted for the purpose referred to in subregulation (10c) only if the licence is subject to all of the following conditions —
the liquor must be sold or supplied only —
during a special event; and
in an area approved by the Director;
the liquor must be sold or supplied only by persons who are —
at least 16 years of age; and
in the case of persons under 18 years of age — under the supervision of a responsible adult;
the sale or supply of liquor to a person other than a liquor merchant must be limited —
for liquor supplied for consumption on the grounds of the institution — to the supply of free 30 ml samples for tasting purposes; or
for packaged liquor — to the provision of not more than 9 L to any person and in any transaction;
the sale or supply of liquor to a liquor merchant —
must be limited in accordance with paragraph (c); or
must be approved by the Director.
In subregulations (10a), (10b), (10c) and (10d) and this subregulation —
approved viticulture course means —
a course that delivers units of competency from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
a higher education course relating to viticulture;
course of instruction or training means a course of instruction or training related to the hospitality industries;
special event means a graduation ceremony, speech night or annual open day that relates to a vocational education and training institution or higher education institution, or any other related event approved in writing by the Director;
vocational education and training institution includes a secondary school if the relevant course of instruction or training conducted by the school is vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).
Sports arena
A special facility licence may be granted for the purpose of allowing the sale of liquor at a sports arena (being premises primarily used for playing and viewing sport) to persons playing or viewing sports, or attending any other event, at the arena.
Foodhall
A special facility licence may be granted for the purpose of allowing the sale of liquor at a foodhall to customers of the foodhall for consumption ancillary to a meal.
Catering
A special facility licence may be granted for the purpose of allowing at a function the sale, by a caterer, of liquor supplied at premises at which the caterer has agreed with the person organising the function to provide liquor (whether with or without food), for consumption by persons at that premises.
In subregulation (13) —
caterer means a person who —
carries on a food business as defined in the Food Act 2008 section 10; and
handles or sells food for consumption at functions.
Bed and breakfast facility
A special facility licence may be granted for the purpose of allowing the sale of liquor at a bed and breakfast facility (being an accommodation facility that offers bed and breakfast) to persons staying at the facility.
Room service restaurant
A special facility licence may be granted for the purpose of allowing the sale, at or from a room service restaurant —
of liquor to customers at the restaurant for consumption ancillary to meals eaten in the restaurant; and
of packaged liquor supplied from the restaurant as room service to the accommodation serviced by the restaurant, whether ancillary to a meal or not.
A special facility licence may also be granted for the purpose of allowing the sale of liquor to customers at the room service restaurant, whether or not ancillary to meals eaten in the restaurant, if —
the liquor is consumed at the restaurant —
during hours that are permitted hours under a hotel licence; and
by customers while sitting at a table, or at a fixed structure used as a table;
and
the sale and consumption of the liquor are in accordance with any conditions imposed on the special facility licence by the licensing authority.
In subregulations (15) and (16) —
room service restaurant means a restaurant that provides room service to persons residing or staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).
Amusement venue
A special facility licence may be granted for the purpose of allowing the sale of liquor at an amusement venue to persons in the venue.
In subregulation (18) —
amusement venue means premises the primary purpose of which is to allow persons in the premises —
to play or view snooker, bowling, electronic games or other similar amusements; or
to participate in or view karaoke.
[(20), (21) deleted]
Auction
A special facility licence may be granted for the purpose of allowing the sale by auction of packaged liquor at premises specified in the licence.
A licence granted for this purpose may permit the supply of samples of the packaged liquor that is for auction, for tasting.
Online wine sales
A special facility licence may be granted for the purpose of allowing the online sale of wine from premises specified in the special facility licence in sealed containers for consumption off the licensed premises.
A special facility licence may be granted for the purpose referred to in subregulation (24) only if the licence is subject to all of the following conditions —
the licensee may only sell wine produced by a holder of a producer’s licence;
the licensee may only sell wine in satisfaction of an order that is —
placed through a website maintained by the licensee for the purpose; and
accepted by the licensee at the licensed premises;
the licensee must dispatch the wine sold —
from the licensed premises; or
from premises which are approved for the purposes of section 4(6) and which are not licensed premises in relation to any other licence;
the licensee must dispatch the wine for delivery —
at a delivery address nominated by the purchaser, to a person who is not a juvenile; or
at a post office, parcel depot or similar facility, to a person who is not a juvenile and who is either the purchaser or a person nominated by the purchaser to accept delivery of the wine;
the licensee must arrange that, if the wine is delivered at a delivery address nominated by the purchaser, it is delivered —
between 7 am and 7 pm on a day which is not ANZAC Day, Good Friday or Christmas day; or
between 12 noon and 7 pm on ANZAC day;
the licensee must not invite or admit a purchaser or prospective purchaser of wine to the licensed premises or to any premises or place where the licensee stores wine intended for sale by the licensee under the special facility licence.
[Regulation 9A inserted: Gazette 4 Jan 2002 p. 8‑11; amended: Gazette 28 Mar 2003 p. 984; 10 Oct 2003 p. 4406; 10 Aug 2004 p. 3186; 19 Aug 2005 p. 3874; 1 May 2007 p. 1868‑71; 13 Mar 2009 p. 763; 15 Jan 2010 p. 71‑2; 22 Oct 2010 p. 5226; 7 Oct 2011 p. 4068-9; 6 Jan 2012 p. 48 (disallowed: Gazette 18 Sep 2012 p. 4411); 16 Nov 2012 p. 5658; 10 Jan 2017 p. 142‑3; 3 Feb 2017 p. 1115.]
[9AB. Deleted: SL 2026/98 r. 9.]
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