New South Wales Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


LIQUOR AMENDMENT (SMALL BARS AND RESTAURANTS) BILL 2007





                            New South Wales




 


 

iquor Amendment (Small Bars and Restaurants) Bill 2007 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Liquor Act 1982 No 147 2 4 Repeal of Act 2 Schedule 1 Amendments 3 b2007-095-35.d07 New South Wales

 


 

iquor Amendment (Small Bars and Restaurants) Bill 2007 No , 2007 A Bill for An Act to amend the Liquor Act 1982 to enable on-licences to be granted for small venues that operate predominantly as bars and to change the basis on which licensed restaurants are authorised to sell and supply liquor; and for related purposes. Clause 1 Liquor Amendment (Small Bars and Restaurants) Bill 2007 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Liquor Amendment (Small Bars and Restaurants) 3 Act 2007. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Amendment of Liquor Act 1982 No 147 7 The Liquor Act 1982 is amended as set out in Schedule 1. 8 4 Repeal of Act 9 (1) This Act is repealed on the day following the day on which this Act 10 commences. 11 (2) The repeal of this Act does not, because of the operation of section 30 12 of the Interpretation Act 1987, affect any amendment made by this Act. 13 Page 2 Liquor Amendment (Small Bars and Restaurants) Bill 2007 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 4 Definitions 3 Omit the definitions of reception area and restaurant restricted period from 4 section 4 (1). 5 [2] Section 4 (1), definition of "small bar licence" 6 Insert in alphabetical order: 7 small bar licence means an on-licence that relates to premises 8 other than premises referred to in section 18 (4) or premises to 9 which an on-licence to sell liquor at a function relates. 10 [3] Section 18 Court may grant licences 11 Insert "(including a small bar licence)" after "on-licence" in section 18 (2) (c). 12 [4] Section 18 (4) 13 Insert "a small bar licence or" after "other than". 14 [5] Section 20 Conditions of licences 15 Insert "22A," after "22," in section 20 (3). 16 [6] Section 22A 17 Insert after section 22: 18 22A Small bar licence--miscellaneous conditions 19 (1) Predominant activity 20 The predominant activity carried out on the premises to which a 21 small bar licence relates must be the sale or supply of liquor for 22 consumption on the premises. 23 (2) Maximum number of patrons 24 Liquor must not be sold or supplied on the premises to which a 25 small bar licence relates if the number of patrons on the premises 26 exceeds 120. 27 Page 3 Liquor Amendment (Small Bars and Restaurants) Bill 2007 Schedule 1 Amendments [7] Section 23 On-licence--miscellaneous conditions 1 Omit section 23 (2A) and (3). Insert instead: 2 (3) Restaurant licence--predominant activity 3 If the licensed premises to which an on-licence relates are a 4 restaurant: 5 (a) the predominant activity carried out on the licensed 6 premises must be the preparation and serving of meals for 7 consumption on the premises, and 8 (b) tables and chairs must be placed in a position on the 9 licensed premises so as to be available for at least 70% of 10 the patrons on the premises at any one time. 11 [8] Section 23 (3A) 12 Insert "a general on-licence," after "nightclub licence,". 13 [9] Section 23AD Nightclub licence--dine-or-drink authority 14 Omit "restaurant licence or" from section 23AD (1). 15 [10] Section 23AD (1) and (2) (a) 16 Omit "restaurant or" wherever occurring. 17 [11] Section 23AD (2) (b) and (6) (c) and (d) 18 Omit the paragraphs. 19 [12] Section 23AD (8) 20 Omit the subsection. 21 [13] Section 23AE Restaurant licence--consumption of liquor away from 22 table 23 Omit the section. 24 [14] Sections 27A and 27B 25 Insert after section 27: 26 27A Small bar licence--trading hours 27 (1) Liquor may be sold or supplied on premises to which a small bar 28 licence relates at the following times only: 29 (a) on a Monday, Tuesday, Wednesday or Thursday that is not 30 a restricted trading day--from 7 am to 11 pm, 31 Page 4 Liquor Amendment (Small Bars and Restaurants) Bill 2007 Amendments Schedule 1 (b) on a Friday or Saturday that is not a restricted trading 1 day--from 7 am to 1 am on the following day, 2 (c) on a Sunday that is not a restricted trading day--from 3 10 am to 11 pm, 4 (d) on a restricted trading day--from noon to 10 pm. 5 (2) Despite subsection (1), liquor may be sold or supplied on 6 premises to which a small bar licence relates on a day that is 31 7 December from the time the premises are authorised to sell or 8 supply liquor on that day to 2 am on the following day. 9 (3) This section is subject to section 27B. 10 27B Small bar licence--variation of trading hours 11 (1) The court may, as provided by this section, vary the trading hours 12 for particular premises to which a small bar licence relates in such 13 manner as the court thinks fit. 14 (2) The court may grant a variation under this section only if satisfied 15 that to do so would not result in the frequent undue disturbance 16 of the quiet and good order of the neighbourhood of the licensed 17 premises. 18 (3) An application for an extension of trading hours must not be 19 granted under this section unless the court is satisfied that 20 practices are in place and will remain in place at the licensed 21 premises that ensure, as far as reasonably practicable, that liquor 22 is sold, supplied and served responsibly on the premises and that 23 all reasonable steps are taken to prevent intoxication on the 24 premises. 25 (4) The court may, at any time on the application of the licensee, the 26 local consent authority, the Director or the Commissioner of 27 Police: 28 (a) revoke a variation of trading hours granted under this 29 section, or 30 (b) grant a different variation of trading hours. 31 (5) An application by the licensee under this section for an extension 32 of trading hours must be advertised in the same manner as an 33 application under section 32 (1) is, under the regulations, 34 required to be advertised. 35 (6) If an application under this section for extended trading hours is 36 refused, or if an extension of trading hours is revoked or reduced: 37 (a) on the application of the local consent authority, the 38 Director or the Commissioner of Police, or 39 Page 5 Liquor Amendment (Small Bars and Restaurants) Bill 2007 Schedule 1 Amendments (b) under section 104 (Quiet and good order of 1 neighbourhood), 2 an application for an extension of trading hours for the same 3 premises may not be made during the next 6 months, except with 4 the leave of the court granted on the ground that there has been a 5 material change in the facts or circumstances on which the 6 refusal, revocation or reduction was based. 7 (7) An application for an extension of trading hours may be granted 8 for a trial period of up to 6 months ending on a specified date and, 9 on application made at least 1 month before that date, the court 10 may: 11 (a) confirm the extension of trading hours, or 12 (b) postpone expiration of the trial period, or 13 (c) refuse the application. 14 (8) Nothing in this Act prevents the court from considering an 15 application for a variation of trading hours under this section 16 when considering the application for the grant of the small bar 17 licence concerned. 18 [15] Section 36 Restrictions on liquor licence applications 19 Omit "(other than an on-licence that relates to a restaurant and that is endorsed 20 with a dine-or-drink authority)" from section 36 (5). 21 [16] Section 37 Making of application 22 Omit section 37 (1A). 23 [17] Section 53 Grant of on-licence (restaurant) and associated matters 24 Omit section 53 (4) and (5). 25 [18] Section 53B 26 Insert after section 53A: 27 53B Grant of small bar licence 28 (1) An application for a small bar licence must not be granted unless 29 the court is satisfied that: 30 (a) the premises to which the application relates have proper 31 facilities available for the sale, supply and consumption of 32 liquor, and 33 (b) sufficient sanitary facilities for the convenient use of 34 customers are located on, or in immediate proximity to, the 35 premises. 36 Page 6 Liquor Amendment (Small Bars and Restaurants) Bill 2007 Amendments Schedule 1 (2) An application for a small bar licence must not be granted if any 1 sanitary facilities for the premises to which the application relates 2 (the licensed premises) are proposed by the applicant to be 3 located in immediate proximity to the licensed premises (and not 4 on the licensed premises) unless the court is satisfied that: 5 (a) there are special circumstances that prevent those facilities 6 being located on the licensed premises, and 7 (b) the facilities are sufficiently near to the licensed premises 8 for convenient use by its customers, and 9 (c) the facilities will be fully accessible to the customers 10 during the trading hours of the licensed premises, and 11 (d) the safety of customers will not be jeopardised by reason 12 of the location of the facilities, and 13 (e) the applicant for the licence has entered into a written 14 agreement or made other appropriate arrangements with 15 the owner or occupier of the other premises in which the 16 facilities are located for the maintenance of the cleanliness 17 of the facilities during the trading hours of the licensed 18 premises. 19 [19] Section 56 Fee for grant of licence 20 Insert after section 56 (1) (f): 21 (f1) in the case of a small bar licence--$500, 22 [20] Section 56 (5A) 23 Insert after section 56 (5): 24 (5A) For the purposes of subsection (5), the prescribed fee for a 25 variation of trading hours to extend the trading hours for premises 26 to which a small bar licence relates is $100. 27 [21] Section 56 (9) (a) (i) and (ii), (b) and (c) 28 Omit the subparagraphs and paragraphs. 29 [22] Section 68 Grounds for complaint 30 Omit section 68 (1) (i). 31 [23] Section 88 Reception areas 32 Omit the section. 33 Page 7 Liquor Amendment (Small Bars and Restaurants) Bill 2007 Schedule 1 Amendments [24] Section 110 Powers of entry, inspection and seizure 1 Insert after section 110 (7): 2 (8) In the case of a small bar licence relating to licensed premises 3 with sanitary facilities located in immediate proximity to the 4 licensed premises, the part of any premises that comprises those 5 facilities, and any part of premises necessary for access to those 6 facilities, is to be treated as part of the licensed premises for the 7 purposes of this section. 8 [25] Section 116A Offences by minors in hotels, nightclubs and restaurants 9 Omit section 116A (5). 10 [26] Section 116B Offences by licensees in relation to minors 11 Omit section 116B (1) (d) and (2) (d). 12 [27] Section 116B (3) 13 Omit "or dine-or-drink authority" wherever occurring. 14 [28] Section 116C Notices to be displayed 15 Omit section 116C (3A). 16 [29] Section 140 Averments 17 Omit section 140 (1) (d10). 18 [30] Section 156 Regulations 19 Insert "or premises to which a small bar licence relates" after "restaurant" in 20 section 156 (1) (i). 21 [31] Section 156 (1) (j) 22 Omit the paragraph. 23 [32] Schedule 1 Savings and transitional provisions 24 Insert after Part 21: 25 Part 22 Liquor Amendment (Small Bars and 26 Restaurants) Act 2007 27 95 Existing restaurant licences 28 (1) In this clause, amending Act means the Liquor Amendment 29 (Small Bars and Restaurants) Act 2007. 30 Page 8 Liquor Amendment (Small Bars and Restaurants) Bill 2007 Amendments Schedule 1 (2) The amendments made by the amending Act extend: 1 (a) to any restaurant licence in force as at the commencement 2 of the amending Act, and 3 (b) to any application for a restaurant licence made, but not 4 finally determined, before the commencement of the 5 amending Act. 6 (3) For the avoidance of any doubt, liquor may be sold or supplied on 7 the premises to which a restaurant licence relates (whether in 8 force before or after the commencement of the amending Act) in 9 accordance with this Act and otherwise than with or ancillary to 10 a meal consumed at a table in the restaurant without the 11 authorisation conferred by a dine-or-drink authority. 12 Page 9

 


[Index] [Search] [Download] [Related Items] [Help]