Changes to the liquor laws benefit licensees and the community
On 28 October 2009, changes were made to the Liquor Act 2007 to provide benefits to the liquor industry, while also assisting with enforcement of the law and community concerns about neighbourhood disturbance.
The following summaries contain information about the amendments for each liquor licence category.
> All liquor licences
> All liquor licences except registered clubs
> Hotel licences – trading on Christmas Day, Good Friday and after midnight Sunday
> On-premises licences – trading on Christmas Day and Good Friday
> Producer / wholesaler licences
> Limited licences –incident register required if trading after midnight
All liquor licences
Changes to neighbourhood disturbance complaint provisions
The amendments make it clear that neighbourhood disturbance complaints can be dealt with via written submissions. However, the option remains for the Director-General of Communities NSW to decide that a complaint conference should be held.
The amendments also make it clear that the Director-General can decide to utilise other regulatory tools to deal with the issues that have led to a disturbance complaint. This could include mediation and voluntary measures, the imposition of conditions under section 54 of the Liquor Act 2007, or the issue of directions to a licensee and/or staff under section 75 of the Act.
Enforcement and savings provisions
The amendments clarify the right of police and licensing inspectors to obtain information from people when enforcing the liquor and gaming laws. They also address savings and transitional issues associated with the abolition of the former Liquor Administration Board.
All liquor licences except registered clubs
Transfer of a liquor licence
Section 61 of the Liquor Act 2007 provides for a liquor licence to be transferred where the licensee is dispossessed. This section has been amended so it is clear that applications for a transfer of licence in these circumstances can be made by a business owner.
Liquor licences in shopping centres
Amendments to section 92 of the Liquor Act 2007 allow a shopping centre owner to hold a liquor licence for premises in the centre and to lease or sublease those premises where liquor is sold or supplied for consumption on the premises. This first requires approval from the Casino, Liquor and Gaming Control Authority.
Hotel licences – trading on Christmas Day, Good Friday and after midnight Sunday
The amendments ensure that hotels with an extended trading authorisation allowing trading after midnight can trade in accordance with that authorisation during the early morning of Good Friday and Christmas Day. This continues trading arrangements which were permitted for hotels under the former Liquor Act 1982 – it does not provide additional trading for hotels.
Hotel licensees should check to ensure they have the necessary extended trading authorisation under the liquor laws before trading during these periods.
The amendments also allow hotels to apply for a special occasion temporary extended trading authorisation to trade after midnight on a Sunday. This was also previously permitted under the former Liquor Act.
On-premises licences – trading on Christmas Day and Good Friday
The amendments ensure that on-premises licences which have an extended trading authorisation to allow trading after midnight can trade in accordance with that authorisation during the early morning of Good Friday and Christmas Day.
The amendments also ensure that on-premises licences can trade in accordance with an extended trading authorisation that has been approved and allows trading at other times on Christmas Day and Good Friday.
NOTE – this provision does not apply to an on-premises licence for a public entertainment venue that is not a cinema or theatre.
On-premises licensees should check to ensure they have the necessary extended trading authorisation under the liquor laws before trading during these periods. Liquor trading under an on-premises licence after 5am on Good Friday and Christmas Day must be with or ancillary to a meal served in a dining area (this requirement does not apply to sales to accommodation guests and sales on licensed vessels).
Producer/wholesaler licences
Cider, perry and mead producers
Cider, perry and mead producers now have the same benefits as wine producers under the Liquor Act.
This means that cider, perry and mead producers with a producer/wholesaler licence can, in addition to wholesale sales, conduct tastings (for free or for a charge), make cellar door sales (including internet and mail order sales) and sell their product directly to the public at a wine show or producers’ market. They can also apply for a drink on-premises authorisation to allow the operation of a bar, restaurant and/or accommodation premises.
To qualify, the cider, perry or mead must:
(a) have been produced on the licensed premises (or a vineyard related to the licensed premises) from fruit grown or honey produced on the licensed premises or vineyard, or
(b) be uniquely the licensee’s (or a related corporation of the licensee’s) own product that has been produced:(i) by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises, or
(ii) on the licensee’s behalf from fruit grown or honey produced by the licensee.
NOTE – Wholesale sales of any product can also be made under a producer/wholesaler licence.
Brewers and distillers
All brewers and distillers – now including metropolitan licensees – that have a producer/wholesaler licence can make retail sales of their product directly to the public at their premises (including internet and mail order sales). Sales are not restricted to bottles and can be made in any type of sealed container.
However, retail sales to the public are restricted to the licensee’s product, which must:
(a) be produced on the licensed premises, and
(b) be uniquely the licensee’s (or a related corporation of the licensee’s) own product.
NOTE – Wholesale sales of any product can also be made under a producer/wholesaler licence.
Limited licences – incident register required if trading after midnight
The amendments make it clear that limited licences that trade after midnight are required to maintain an incident register. A similar requirement already applies to all other liquor licences that sell liquor after midnight at least once a week on a regular basis.
For limited licences, the register must record details of the following incidents if they occur between midnight and 3am:
- any incident involving violence or anti-social behaviour occurring on the licensed premises
- any incident of which the licensee is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the licensed premises and that involves a person who has recently left, or been refused admission to, the premises
- any incident that results in a person being turned out of the licensed premises under section 77 of the Liquor Act 2007 (because of intoxication, violent behaviour, etc)
- any incident that results in a patron of the licensed premises requiring medical assistance.
Licensees must use the Incident Register approved by the Casino, Liquor and Gaming Control Authority.
Did you find what you were looking for?
Was this page helpful to you? We would like to hear your feedback.
Page links to an external site 
Topic located in another section of this site