Exceptions to the 5 kilometre rule
Changes to the Registered Clubs Act 1976 and the Registered Clubs Regulation 1996 in December 2006 provide for exceptions to the 5 kilometre rule to be approved in certain circumstances. This change was requested by ClubsNSW and is also strongly supported by the club industry in general.
Q: What is the 5 kilometre rule?
A: The 5 kilometre rule (under section 30 (3B) of the Registered Clubs Act 1976) requires anyone residing within a 5 kilometre radius of a registered club to be a member (or a guest of a member) in order to enter the club. These residents cannot be granted temporary membership status which is available to people who live more than 5 kilometres from a club.
Q: What benefits does the exception arrangement provide for local residents?
A: Local geographical features, such as a large body of water or other features of the landscape can result in local residents who live within the 5 kilometre radius of the club 'as the crow flies' having to travel much further in order to visit their local club. The 5 kilometre rule means these residents would need to be members of their local club. However, a club in this situation is now able to apply to have the area where these local residents live excepted from the 5 kilometre radius. If the exception is approved, these residents in the excepted could sign in as temporary members to the club.
The exception arrangement is not intended to enable a club to operate an 'open door' policy, and there are criteria to be met by clubs who wish to apply.
Q: What information do clubs need to provide when applying to the Director?
A: Once a club's governing body has agreed to seek an exception, clubs will need to provide detailed information supporting their request for an exception, in a form approved by the Director of Liquor and Gaming. Further information is available from this page - see Application for exception to the 5 kilometre rule, and an application form can be downloaded. The Director may also require the provision of additional information, as needed.
Financial need or hardship will not be grounds for granting an exception.
Q: Can clubs apply for a blanket or general exception to the 5 kilometre rule?
A: No. Any exception granted will be specific and tailored to each club's individual circumstances.Q: Are there any changes to the sign-in requirements?
A: No. A person who is eligible to gain entry to a club as a temporary member due to the exception must still sign the temporary members register, and provide the required information. This exemption does not introduce a new class of members.
For further information, please email our office at 
info@olgr.nsw.gov.au.
Application for exception to the 5 kilometre rule - Section 30(3c) - Registered Clubs Act 1976
The Registered Clubs Act 1976 provides for exceptions to the membership requirements of section 30(3B) in circumstances where geographic or other physical barriers impact upon the ability of persons living within a 5 kilometre radius of a registered club to readily access the club premises.
For example, a large body of water or a mountain might require a resident to travel long distances by road in order to get to their local club, even though that person lives within the 5 kilometre radius of the club 'as the crow flies'. In this scenario the person would be captured by the restricted temporary membership rules and refused entry to the club.
However, section 30(3C) enables registered clubs to apply for an exception from section 30(3B) for residents in such circumstances.
Application process
The application is to be made to the Director of Liquor and Gaming, and must be made in accordance with the form and contain such information as approved by the Director.
Download the Application for exception to the 5 kilometre rule
The following evidence must form part of and accompany the application:
- a map drawn to scale, identifying the club's location and existing 5 kilometre radius. The map is to contain sufficient resolution and detail to clearly depict the proposed geographic area that is the subject of the exception, and
- a copy of the resolution authorising the application as approved by the club's governing body.
The Director will consider all applications and may, having regard to the special circumstances outlined, approve an exception to section 30(3B) of the Registered Clubs Act 1976. In approving the exception, the Director may impose conditions - for example, a requirement that the map that must be displayed at the club [under section 30(2A)(a)] will identify the area that is not included in the 5 kilometre rule. This will make it clear that people who live in that area are not required to be full members of the club and can take advantage of temporary membership.
Applications can be lodged by mail C/- Director of Liquor and Gaming, Legal Branch, GPO Box 7060, Sydney NSW 2001 or emailed to dlg@communities.nsw.gov.au
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