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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
iquor Amendment Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Crimes and Other Legislation Amendment (Assault and Intoxication)
Bill 2014.
Overview of Bill
The object of this Bill is to amend the Liquor Act 2007 (the Principal Act) and the Liquor
Regulation 2008 (the Principal Regulation):
(a) to enable the regulations to declare areas to be prescribed precincts and to impose regulatory
conditions on licensed premises within those precincts, and
(b) to declare such an area in the Sydney CBD (to be called the Sydney CBD Entertainment
precinct) and to impose such conditions on certain licensed premises in it, and
(c) to extend the current freeze on the grant of hotel, club and certain other licences in respect
of premises in the Kings Cross precinct and the Oxford Street-Darlinghurst precinct to the
Sydney CBD Entertainment precinct and to make the freeze in the Kings Cross precinct,
Oxford Street-Darlinghurst precinct and Sydney CBD Entertainment precinct extend to
2 years after the date of assent to the proposed Act, and
(d) to enable periodic licence fees to be levied for licences under the Principal Act, and
(e) to preclude bottle shops and other take-away of alcohol for consumption venues from
trading anywhere in New South Wales after 10 pm, and
(f) to suspend the operation of the Responsible Service of Alcohol online training course trial.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
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Liquor Amendment Bill 2014 [NSW]
Explanatory note
Clause 2 provides for the commencement of the proposed Act.
Schedule 1 Amendment of Liquor Act 2007 No 90
Schedule 1 [28] inserts proposed Division 4 into Part 6 (Miscellaneous offences and regulatory
controls) of the Principal Act to achieve the object described in paragraph (a) of the Overview.
Proposed section 116C enables the regulations to declare land (other than land in the existing
Kings Cross precinct) described in the regulations to be a prescribed precinct for the purposes of
the Principal Act.
Proposed section 116I authorises the regulations to impose specific licence conditions relating to
premises in a prescribed precinct. The conditions that may be prescribed include matters such as
prohibiting or restricting the use of glass containers on licensed premises, excluding specified
classes of persons from licensed premises and various measures relating to the responsible service
of alcohol and public safety. Breach of such a condition may be prescribed as a prescribed offence
for the purposes of 3 strike disciplinary action (Schedule 1 [29]).
Proposed sections 116D-116H enable the making of banning orders and make provision for an
ID scanner system and patron ID scanning along the lines of provisions of the Principal Act
making provision for these matters in the Kings Cross precinct. However, temporary banning
orders will be able to be made both in the Kings Cross precinct and in a prescribed precinct to
prohibit a person from entering or remaining in licensed premises not only in the precinct in which
the orders are made but also in a specified adjacent precinct.
Schedule 1 [1], [2], [19], [22]-[27] and [29]-[32] make consequential amendments, including
amendments to make provisions applicable in the Kings Cross precinct comparable to those to
apply in a prescribed precinct (for example, failure to comply with a long-term banning order will
incur a maximum penalty of 100 (instead of 50) penalty units).
Schedule 1 [10]-[13] amend the Principal Act and Schedule 2 [16] amends the Principal
Regulation to achieve the object described in paragraph (c) of the Overview above.
Schedule 1 [18] inserts proposed Division 2A into Part 4 (Licensing procedures and related
matters) of the Principal Act to achieve the object described in paragraph (d) of the Overview
above.
Proposed section 58A provides that a periodic licence fee is payable for each licence. It applies
while the licence is in force or under suspension. The periodic licence fee is payable in the
amounts and on the due dates prescribed by the regulations under the Principal Act. The
regulations may also deal with the time for payment of the fees (including payment of different
elements of the fee at different times), penalties for late payment of the fees, the circumstances in
which such a fee, or a proportion of such a fee, may be re-assessed, waived or refunded and
information to be provided to the Director-General of the Department of Trade and Investment,
Regional Infrastructure and Services (the Director-General) for the purpose of calculating such a
fee. A periodic licence fee (or an element of a periodic licence fee) is to be determined by
reference to matters including, but not limited to the following:
(a) the location of the relevant licensed premises,
(b) the trading hours of the licensed premises,
(c) the patron capacity of the licensed premises,
(d) offences committed at or in relation to the licensed premises,
(e) compliance by the licensee with the requirements of the Principal Act or any other Act with
respect to the licensed premises,
(f) the number of packaged liquor licences held by the same person, or in which the same
person (other than a financial institution) is interested in the business, or profits of the
business, carried on under the licences, or both.
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Liquor Amendment Bill 2014 [NSW]
Explanatory note
Proposed section 58B provides for a scheme of automatic suspension and cancellation of licences
for late payment or non-payment of periodic licence fees. If the periodic licence fee payable for a
licence has not been paid before the expiration of 28 days after the due date for payment, the
licence is suspended. If, during the period of 28 days after the licence has been suspended, the
periodic licence fee is paid, the suspension is lifted. However, if the periodic licence fee payable
for the licence is not paid before the expiration of that 28 day period, the licence is cancelled.
Proposed section 58C provides for a scheme for the reinstatement of such cancelled licences.
Schedule 1 [15]-[17] make consequential amendments to enable a licensee to apply to the
Director-General to impose conditions on a licence including, but not limited to, conditions
prohibiting the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or
both) and conditions restricting the trading hours of, and public access to the licensed premises.
Schedule 1 [3]-[9] and [14] amend the Principal Act to achieve the object described in paragraph
(e) of the Overview above.
Schedule 1 [20] and [21] amend the Principal Act so that it will not be an offence under
sections 103 and 104, respectively, to keep bar areas open for purposes permitted by the
regulations (other than sale or supply of liquor) during shut down or cessation of service of alcohol
periods or for a person to be in a bar during such a period.
Schedule 1 [33] enables regulations of a savings or transitional nature to be made as a
consequence of the enactment of the proposed Act.
Schedule 1 [34] inserts savings and transitional provisions. Proposed clause 47 provides for
review of the lock out provisions and cessation of service at 3 am provisions proposed to be
inserted in the Principal Regulation as soon as possible after the end of the period of 2 years
following the date of assent to the proposed Act.
Schedule 1 [35] amends Schedule 4 to the Principal Act so that the lock out period under clause
3 of that Schedule applying to declared premises to which a level 1 licence relates will commence
at 1.30 am (instead of 2 am).
Schedule 2 Amendment of Liquor Regulation 2008
Schedule 2 [15] and [17] amend the Principal Regulation to achieve the object described in
paragraph (b) of the Overview above. Proposed clause 53V and Schedule 1A declare an area to
be a prescribed precinct called the "Sydney CBD Entertainment precinct". Proposed Division 2
of Part 5B sets out the special licence conditions applicable to licensed premises in the precinct.
The special licence conditions require a "lock out" of patrons after 1.30 am and cessation of
service of alcohol at 3 am on certain licensed premises. Provision is also made for the giving of
exemptions.
Schedule 2 [2] inserts proposed clause 3A into the Principal Regulation to enable the
Director-General to declare high risk day periods in respect of specified licensed premises.
Proposed clause 53X (4) (Schedule 2 [15]) enables provisions of Division 2 of proposed Part 5B
to be applied to licensed premises to which they would otherwise not apply on such a day.
Schedule 2 [6] amends clause 49A of the Principal Regulation to achieve the object described in
paragraph (f) of the Overview above.
Schedule 2 [1], [3]-[5] and [7]-[13] make consequential amendments and amendments to update
provisions applicable to the Kings Cross precinct and to extend the new lock out provisions and
cessation of liquor sales provisions to that precinct.
Schedule 2 [14] adds the names of the organisations "Brothers for Life" and "Outlaws" to the list
of names set out in clause 53K of the Principal Regulation that if displayed by a person requires
exclusion of the person from certain licensed premises.
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Liquor Amendment Bill 2014 [NSW]
Explanatory note
Schedule 3 Other amendments
Schedule 3.1 amends the Gaming and Liquor Administration Act 2007 to make a consequential
amendment providing for review of decisions declaring premises to be a high risk venue under
proposed section 116B of the Principal Act (Schedule 1 [28]).
Schedule 3.2 amends the Gaming Machines Regulation 2010 to make a consequential amendment
to enable approved gaming machines in a hotel to continue to be operated during the period after
3 am in which the Principal Act requires there to be a cessation of liquor sales.
Page 4
First print
New South Wales
iquor Amendment Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Liquor Act 2007 No 90 3
Schedule 2 Amendment of Liquor Regulation 2008 17
Schedule 3 Other amendments 25
b2014-008-19.d25
New South Wales
iquor Amendment Bill 2014
No , 2014
A Bill for
An Act to amend the Liquor Act 2007 and the Liquor Regulation 2008 to enable certain areas to
be declared to be prescribed precincts in which licensed premises are subject to regulatory
conditions; to enable periodic licence fees to be levied; and for other purposes.
Liquor Amendment Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Liquor Amendment Act 2014. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as provided by 5
subsection (2) 6
(2) So much of Schedule 1 [28] as inserts sections 116G and 116H into the Liquor Act 7
2007 commences on a day to be appointed by proclamation. 8
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
Schedule 1 Amendment of Liquor Act 2007 No 90 1
[1] Section 4 Definitions 2
Omit paragraph (c) from the definition of manager in section 4 (1). 3
Insert instead: 4
(c) in the case of a high risk venue within the meaning of section 116AA or 5
116B--a person appointed by the licensee, in accordance with licence 6
conditions imposed by the regulations under section 116A or 116I, 7
respectively, to be present in the venue in accordance with those 8
conditions. 9
[2] Section 4 (1) 10
Insert in alphabetical order: 11
prescribed precinct--see section 116C. 12
[3] Section 12 Standard trading period for certain licensed premises 13
Omit paragraph (d) from the note to section 12 (1). 14
[4] Section 12 (1B) and (1C) 15
Insert after section 12 (1A): 16
(1B) Despite subsection (1) (a), the standard trading period for premises to which 17
this subsection applies ends at 10 pm. 18
(1C) Subsection (1B) applies to the following premises or part of premises: 19
(a) if the primary purpose of the business carried on on licensed premises 20
to which a packaged liquor licence relates is the sale or supply of liquor 21
for consumption away from the licensed premises--the licensed 22
premises, 23
(b) if the primary purpose of the business carried on on licensed premises 24
to which a packaged liquor licence relates is not the sale or supply of 25
liquor for consumption away from the licensed premises--the part of 26
the premises that is a liquor sales area (within the meaning of section 30) 27
of the licensed premises, 28
(c) if a hotel licence, club licence, on-premises licence or 29
producer/wholesaler licence authorises the licensee to sell liquor for 30
consumption away from the licensed premises--any part of the licensed 31
premises to the extent that it is used for that purpose. 32
[5] Section 14 Authorisation conferred by hotel licence 33
Insert after section 14 (4): 34
(4A) An extended trading authorisation must not authorise the sale after 10 pm on 35
any day of liquor for consumption away from the licensed premises. 36
[6] Section 18 Authorisation conferred by club licence 37
Insert after section 18 (3): 38
(3A) An extended trading authorisation must not authorise the sale after 10 pm on 39
any day of liquor for consumption away from the licensed premises. 40
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
[7] Section 26 Authorisation to sell liquor for consumption away from licensed premises 1
in special circumstances 2
Insert after section 26 (3): 3
(3A) An authorisation under this section must not authorise the sale after 10 pm on 4
any day of liquor for consumption away from the licensed premises. 5
[8] Section 29 Authorisation conferred by packaged liquor licence 6
Omit "midnight" from section 29 (1) (b). Insert instead "10 pm". 7
[9] Section 29 (3A) 8
Insert after section 29 (3): 9
(3A) An extended trading authorisation must not authorise the sale after 10 pm on 10
any day of liquor for consumption away from the licensed premises. 11
[10] Section 47A Definitions 12
Omit the definition of freeze period from section 47A (1). Insert instead: 13
freeze period means: 14
(a) for the Kings Cross precinct or a precinct described in Schedule 5--the 15
period: 16
(i) commencing on 1 October 2009, and 17
(ii) ending on the day that is 2 years after the date of assent to the 18
Liquor Amendment Act 2014, and 19
(b) for a prescribed precinct or part of a prescribed precinct--the period 20
starting on the date prescribed by the regulations and ending on the date 21
so prescribed. 22
[11] Section 47A (1), definition of "freeze precinct" 23
Insert ", a prescribed precinct" after "Kings Cross precinct". 24
[12] Section 47AB 25
Insert after section 47AA: 26
47AB Premises excluded by regulations 27
This Division does not apply to or in respect of specified subject premises, or 28
classes of subject premises, prescribed by the regulations that are situated in a 29
prescribed precinct. 30
[13] Section 47I Restrictions on granting development consent in relation to subject 31
premises 32
Omit the definition of relevant introduction date from section 47I (9). Insert instead: 33
relevant introduction date means the following: 34
(a) except as provided by paragraph (b)--the date on which the Bill for the 35
Liquor Amendment (Temporary Licence Freeze) Act 2009 was 36
introduced into the Legislative Assembly, 37
(b) in relation to an application for development consent with respect to 38
subject premises in a prescribed precinct or part of a prescribed 39
precinct--the date on which the Bill for the Liquor Amendment Act 40
2014 was introduced into the Legislative Assembly. 41
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
[14] Section 49 Extended trading authorisation 1
Omit section 49 (4) (b). 2
[15] Section 54 Director-General may impose, vary or revoke licence conditions 3
Insert after section 54 (1): 4
(1AA) The Director-General may, on application by the licensee, impose conditions 5
of the kind imposed on a licence under section 116A or 116I in respect of a 6
licence relating to premises in the Kings Cross precinct or a prescribed 7
precinct, respectively. Subsection (3) does not apply to such an application. 8
[16] Section 54 (2) (b) (iii) 9
Insert at the end of section 54 (2) (b) (ii): 10
or 11
(iii) relating to licensed premises situated wholly or partly in the 12
Kings Cross precinct or a prescribed precinct, 13
[17] Section 54 (2A) and (2B) 14
Insert after section 54 (2): 15
(2A) An application by a licensee under subsection (1AA) or (2) must: 16
(a) be made in the form and manner approved by the Director-General, and 17
(b) be accompanied by the fee prescribed by the regulations, and 18
(c) be accompanied by such information and particulars as may be 19
prescribed by the regulations, and 20
(d) if required by the regulations to be advertised--be advertised in 21
accordance with the regulations, and 22
(e) comply with such other requirements as may be imposed by the 23
Director-General or prescribed by the regulations. 24
(2B) The regulations may provide for the waiver, remittance or postponed payment 25
of the whole or any part of a fee payable under subsection (2A) (b). 26
[18] Part 4, Division 2A 27
Insert after Division 2 of Part 4: 28
Division 2A Periodic licence fees 29
58A Periodic licence fee 30
(1) A periodic licence fee is payable to the Director-General for a licence while 31
the licence is in force or under suspension and is so payable on each due date 32
prescribed by the regulations for the purposes of this section. 33
(2) Regulations may be made prescribing the periodic licence fees payable under 34
this section and for and with respect to: 35
(a) times for payment of the fees (including payment of different elements 36
of the fees at different times), and 37
(b) penalties for late payment of the fees, and 38
(c) the circumstances in which the fee, or a proportion of such a fee, may 39
be re-assessed, waived or refunded, and 40
(d) information to be provided to the Director-General for the purpose of 41
calculating the fee. 42
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
(3) The regulations may provide that a periodic licence fee (or an element of a 1
periodic licence fee) is to be determined by reference to matters including, but 2
not limited to the following: 3
(a) the location of the relevant licensed premises, 4
(b) the trading hours of the licensed premises, 5
(c) the patron capacity of the licensed premises, 6
(d) offences committed at or in relation to the licensed premises, 7
(e) compliance by the licensee with the requirements of this or any other 8
Act with respect to the licensed premises, 9
(f) the number of packaged liquor licences held by the same person, or in 10
which the same person (other than a financial institution) is interested 11
in the business, or profits of the business, carried on under the licences, 12
or both. 13
(4) For the purposes of subsection (3), a person is interested in the business, or the 14
profits of the business, carried on under the licence if the person is entitled to 15
receive: 16
(a) any income derived from the business, or any other financial benefit or 17
financial advantage from the carrying on of the business (whether the 18
entitlement arises at law or in equity or otherwise), or 19
(b) any rent, profit or other income in connection with the use or occupation 20
of premises on which the business is to be carried on. 21
58B Suspension and cancellation for late payment of periodic licence fee 22
(1) If the periodic licence fee payable for a licence has not been paid before the 23
expiration of 28 days after the due date for payment as provided by the 24
regulations, the licence is suspended. 25
(2) If, during the period of 28 days after the licence has been suspended, the 26
periodic licence fee is paid, the suspension is lifted. 27
(3) However, if the periodic licence fee payable for a licence is not paid before the 28
expiration of the 28 day period after the licence is suspended, the licence is 29
cancelled on the expiration of the period. 30
58C Application for reinstatement of cancelled licence 31
(1) The following persons may apply to the Director-General for the reinstatement 32
of a licence cancelled by the operation of section 58B: 33
(a) the former holder of the licence, 34
(b) any other person (other than a financial institution) who is interested in 35
the business, or the profits of the business, carried on under the licence. 36
(2) Such an application may only be made within 56 days after the cancellation of 37
the licence. 38
(3) An application under this section must: 39
(a) be made in the form and manner approved by the Director-General, and 40
(b) be accompanied by: 41
(i) the unpaid periodic licence fee concerned, and 42
(ii) the late payment fee prescribed by the regulations, and 43
(iii) the application fee prescribed by the regulations (if any), and 44
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
(c) be accompanied by such information and particulars as may be 1
prescribed by the regulations, and 2
(d) comply with such other requirements as may be imposed by the 3
Director-General or prescribed by the regulations. 4
(4) The Director-General may reinstate the licence if the Director-General is 5
satisfied that there is a reasonable explanation for the failure to pay the 6
periodic licence fee. 7
(5) A cancelled licence that is reinstated under this section is to take effect and 8
continue in force as if the licence had been suspended during the period of 9
cancellation. 10
(6) Regulations may be made for and with respect to the circumstances in which 11
a fee that accompanies an application under this section, or a proportion of 12
such a fee, may be waived or refunded. 13
(7) For the purposes of subsection (1), a person is interested in the business, or the 14
profits of the business, carried on under a licence if the person is entitled to 15
receive: 16
(a) any income derived from the business, or any other financial benefit or 17
financial advantage from the carrying on of the business (whether the 18
entitlement arises at law or in equity or otherwise), or 19
(b) any rent, profit or other income in connection with the use or occupation 20
of premises on which the business is carried on. 21
(8) Sections 23 (2) and 28 (2) of the Gaming Machines Act 2001 do not apply in 22
relation to a licence that has been cancelled by the operation of section 58B 23
and reinstated under this section. 24
[19] Section 91 Responsibilities and liabilities in relation to licensed premises 25
Omit "section 116A (2) (i)" from section 91 (1A). 26
Insert instead "sections 116A (2) (i) and 116I (2) (i)". 27
[20] Section 103 Closing of certain hotel and bottle shop areas 28
Insert "or a bar area permitted by the regulations to be used solely for purposes other than 29
the sale or supply of alcoholic drinks at that time" after "paragraph (b)" in section 103 (1). 30
[21] Section 104 Person in bar area or certain other areas of hotel outside trading hours 31
Insert "or is not permitted by the regulations to be used solely for purposes other than the 32
sale or supply of alcoholic drinks at that time" after "liquor" in section 104 (1) (a). 33
[22] Section 116AA Interpretation 34
Insert "or an adjacent precinct" after "precinct" in the definition of relevant licensed 35
premises in section 116AA (1). 36
[23] Section 116AD Temporary banning orders--licensed premises in Kings Cross 37
precinct and adjacent precincts 38
Insert "in the Kings Cross precinct" after "relevant licensed premises" wherever occurring 39
in paragraphs (a), (b) and (c) of section 116AD (1). 40
[24] Section 116AD (2) 41
Insert "in the Kings Cross precinct and the other adjacent precinct specified in the order" 42
after "public safety". 43
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Schedule 1 Amendment of Liquor Act 2007 No 90
[25] Section 116AD (6) 1
Insert "in the Kings Cross precinct and any other adjacent precinct specified in the order" 2
after "premises". 3
[26] Section 116AE Long-term banning orders--high risk venues 4
Omit "50 penalty units" from section 116AE (9). 5
Insert instead "100 penalty units". 6
[27] Section 116A Regulatory controls for licensed premises in the Kings Cross precinct 7
Insert "(including in circumstances or at times otherwise permitted by or under this Act)" 8
after "times" in section 116A (2) (c). 9
[28] Part 6, Division 4 10
Insert after Division 3 of Part 6: 11
Division 4 Prescribed precincts 12
116B Interpretation 13
(1) In this Division: 14
high risk venue--see subsection (2). 15
long-term banning order means an order under section 116G. 16
prescribed precinct means a precinct prescribed by the regulations under 17
section 116C. 18
relevant licensed premises means any licensed premises situated in a 19
prescribed precinct or precinct adjacent to a prescribed precinct, but does not 20
include a licensed restaurant that is not authorised to trade after midnight on 21
any day of the week unless it is a high risk venue. 22
temporary banning order means an order under section 116F. 23
(2) A high risk venue is a venue situated in a prescribed precinct comprising: 24
(a) licensed premises: 25
(i) on which liquor may be sold for consumption on the premises, 26
and 27
(ii) that are authorised to trade after midnight at least once a week on 28
a regular basis, and 29
(iii) that have a patron capacity (as determined by the 30
Director-General) of more than 120 patrons, or 31
(b) licensed premises specified by, or of a class specified by, the 32
regulations, or 33
(c) licensed premises that are designated by the Director-General under 34
subsection (4). 35
(3) The regulations may create exceptions to subsection (2) (a). 36
(4) The Director-General may, with the concurrence of the Commissioner of 37
Police, designate any specified licensed premises (or licensed premises of a 38
specified class) in a prescribed precinct as a high risk venue if the 39
Director-General is satisfied that there is a significant degree of 40
alcohol-related violence or other anti-social behaviour associated with the 41
premises. 42
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
(5) The designation of licensed premises as a high risk venue is to be made by 1
order in writing given to the licensee. Any such order takes effect on the date 2
specified in the order (being a date that is not earlier than 6 weeks from the date 3
the order is given). 4
Note. A decision of the Director-General to designate licensed premises as a high risk 5
venue is reviewable by the Independent Liquor and Gaming Authority under the 6
Gaming and Liquor Administration Act 2007--see section 36A of that Act. 7
116C Prescribed precincts 8
(1) The regulations may declare an area described in the regulations to be a 9
prescribed precinct for the purposes of this Act. 10
(2) An area within the Kings Cross precinct may not be declared to be a prescribed 11
precinct. 12
(3) A reference in this Act to premises situated in a prescribed precinct includes a 13
reference to premises: 14
(a) that front or back onto, or abut, any street or part of a street within the 15
prescribed precinct (other than premises situated in the Kings Cross 16
precinct), or 17
(b) that can be entered from any such street or part, or 18
(c) that the regulations declare to be situated in the prescribed precinct. 19
(4) An area may be declared to be a prescribed precinct by reference to a map 20
signed by the Minister and deposited in the Office of Liquor, Gaming and 21
Racing. 22
(5) Any such maps are to be kept and made available for public access in 23
accordance with arrangements approved by the Minister. 24
116D Prescribed precinct ID scanner system 25
(1) The prescribed precinct ID scanner system is an integrated database system 26
that is approved by the Director-General and that consists of the following: 27
(a) the identification details of those persons who are the subject of a 28
temporary or long-term banning order (together with the period for 29
which any such order is in force), 30
(b) any information that has been scanned and recorded by patron ID 31
scanners operating in high risk venues, 32
(c) any associated equipment (including the patron ID scanners linked to 33
the system). 34
(2) The Director-General may, with the concurrence of the Commissioner of 35
Police, approve a person or body to operate the prescribed precinct ID scanner 36
system. A person or body may not be approved if the person or body is a close 37
associate of a licensee or has any interest, whether financial or otherwise, in 38
the business carried on under a licence. 39
(3) The approval of a person or body to operate the system is subject to such 40
conditions as the Director-General considers appropriate (including 41
conditions relating to the disposal and retention of information held in the 42
system) and may be revoked at any time by the Director-General. The 43
conditions of approval may be varied at any time by the Director-General. 44
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Schedule 1 Amendment of Liquor Act 2007 No 90
(4) Without limiting subsection (3), the conditions of any such approval are taken 1
to include the following: 2
(a) any information held in the system must not be transferred to any place 3
outside of Australia except New Zealand, 4
(b) information must not be held in the system for more than 30 days after 5
it is collected except: 6
(i) in the case of information relating to a person who is the subject 7
of a long-term banning order (in which case the information may 8
be held in the system for the period that the order is in force), or 9
(ii) in such other cases as may be authorised by the Director-General 10
at the request of the Commissioner of Police, 11
(c) if the approved system provider is not an organisation within the 12
meaning of the Privacy Act 1988 of the Commonwealth--the provider 13
must ensure that the provider is treated as an organisation for the 14
purposes of that Act, 15
(d) the approved system provider must comply with the requirements of the 16
Privacy Act 1988 of the Commonwealth with respect to the protection 17
of any personal information held by the provider, 18
(e) the approved system provider must comply with a request by the 19
Commissioner of Police to dispose of any information held by the 20
provider, 21
(f) if the prescribed precinct ID scanner system fails for any reason, the 22
approved system provider must: 23
(i) immediately notify the local police, and 24
(ii) comply with a contingency protocol, as approved by the 25
Director-General, for ID scanner system failure. 26
116E High risk venues--licence conditions relating to ID scanning 27
(1) Patron photo IDs to be scanned 28
The licence for a high risk venue is subject to the following conditions: 29
(a) a person must not be permitted to enter the venue as a patron unless: 30
(i) the person produces to a staff member a form of identification 31
containing a photograph of the person and the person's 32
identification details (photo ID), and 33
(ii) the photo ID is scanned by a staff member using a patron ID 34
scanner, 35
(b) a person must be refused admission to the venue as a patron if the 36
person: 37
(i) chooses not to produce his or her photo ID to a staff member, or 38
(ii) is subject to a temporary or long-term banning order, 39
(c) the use of a patron ID scanner as required by this section (including the 40
procedures for scanning and the time of use) must comply with such 41
requirements as are approved by the Director-General and notified to 42
the licensee, 43
(d) only patron ID scanners of a type approved by the Director-General 44
may be used in the venue for the purposes of this section, 45
(e) a patron ID scanner may only be used to record information of the kind 46
prescribed by the regulations, 47
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Schedule 1 Amendment of Liquor Act 2007 No 90
(f) if any patron ID scanner used in the venue fails for any reason, the 1
licensee must: 2
(i) immediately notify the local police, and 3
(ii) comply with a contingency protocol, as approved by the 4
Director-General, for patron ID scanner failure. 5
(2) Subsection (1) (a) (ii) does not require a person to be refused permission to 6
enter a high risk venue if, at that time, each patron ID scanner in the venue is 7
not working because of scanner or system failure. 8
(3) Producing false ID to enter high risk venue 9
A person who produces any document purporting to contain the person's 10
identification details in order to gain entry to a high risk venue is guilty of an 11
offence if the document is false in a material particular in relation to the 12
person. 13
Maximum penalty: 50 penalty units. 14
(4) Privacy protection 15
It is a condition of the licence for a high risk venue that the licensee must: 16
(a) if the licensee is not an organisation within the meaning of the Privacy 17
Act 1988 of the Commonwealth--ensure that the licensee is treated as 18
an organisation for the purposes of that Act, and 19
(b) comply with the requirements of that Act with respect to the protection 20
of any personal information recorded by a patron ID scanner operating 21
in the venue. 22
(5) It is also a condition of the licence for a high risk venue that the licensee: 23
(a) prepares and implements a privacy management plan relating to the use 24
of patron ID scanners in the venue, and 25
(b) prepares and implements a privacy policy containing information for 26
patrons about the use of patron ID scanners in the venue and the 27
procedures for ensuring that the privacy of patrons is protected and for 28
making complaints about breaches of privacy, and 29
(c) ensures that the privacy policy for the venue is made available for 30
inspection by any person who requests to see it, and 31
(d) ensures that an outline of the privacy policy is displayed at or near any 32
public entrance to the venue in a manner that enables patrons to be 33
alerted to its contents immediately before being required to produce a 34
photo ID, and 35
(e) without limiting any requirement under the Privacy Act 1988 of the 36
Commonwealth, ensures that any written complaint by a patron about a 37
breach of privacy is, within 14 days of the complaint being made to the 38
licensee or a staff member, notified to the Director-General. 39
(6) The privacy management plan and privacy policy required to be prepared by 40
a licensee under this section must, without limiting any requirement under the 41
Privacy Act 1988 of the Commonwealth, adopt or comply with a plan and 42
policy approved by a local liquor accord in force under Division 1 of Part 8 of 43
this Act in conjunction with the relevant industry association for the licensee 44
and applying to the area in which the licensed premises are situated. 45
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Schedule 1 Amendment of Liquor Act 2007 No 90
116F Temporary banning orders--licensed premises in prescribed precinct and 1
adjacent precincts 2
(1) A police officer may, in the circumstances described in subsection (2), by 3
order in writing given to a person who is in a prescribed precinct (a temporary 4
banning order) prohibit the person from entering or remaining on any relevant 5
licensed premises in the prescribed precinct and in any other adjacent precinct 6
specified in the order, for the period (not exceeding 48 hours) specified in the 7
order. 8
(2) A temporary banning order may be made as soon as practicable after the 9
person: 10
(a) refuses or fails to comply with a direction under section 198 of the Law 11
Enforcement (Powers and Responsibilities) Act 2002 to leave relevant 12
licensed premises in the prescribed precinct or a public place in the 13
vicinity of such relevant licensed premises, or 14
(b) fails to leave relevant licensed premises in the prescribed precinct after 15
being required to do so under section 77 (4) because the person is 16
intoxicated, violent, quarrelsome or disorderly, or 17
(c) contravenes section 77 (6) or (8) in relation to relevant licensed 18
premises in the prescribed precinct. 19
(3) A police officer must not give a person a temporary banning order unless the 20
officer is satisfied that the conduct of the person which resulted in the person 21
being required to leave (or being refused admission to) the licensed premises 22
or other public place concerned is likely to continue and cause a public 23
nuisance or risk to public safety in the prescribed precinct and in any other 24
adjacent precinct specified in the order. 25
(4) A temporary banning order: 26
(a) does not have effect unless it is given by, or given with the approval of, 27
a police officer of or above the rank of sergeant, and 28
(b) must specify the grounds on which it is given. 29
(5) A person who is the subject of a temporary banning order must not enter or 30
attempt to enter or remain on any relevant licensed premises in the prescribed 31
precinct or any other adjacent precinct specified in the order during the period 32
specified in the order. 33
Maximum penalty: 50 penalty units. 34
116G Long-term banning orders--high risk venues 35
(1) The Authority may, by order in writing (a long-term banning order), prohibit 36
a person from entering or remaining on any high risk venue for such period 37
(not exceeding 12 months) as is specified in the order. 38
(2) A long-term banning order may only be made on application by the 39
Commissioner of Police in the manner approved by the Authority. 40
(3) The Authority may make a long-term banning order only if the Authority is 41
satisfied that the person the subject of the proposed order: 42
(a) has been charged with, or found guilty of, a serious indictable offence 43
involving alcohol-related violence (whether or not the offence was 44
committed in a prescribed precinct), or 45
(b) has been given 3 temporary banning orders during a period of 46
12 consecutive months. 47
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
(4) The Authority may not make a long-term banning order unless the person the 1
subject of the proposed order has been given notice of the application for the 2
order and has been given a reasonable opportunity to make submissions to the 3
Authority in relation to the application. 4
(5) In deciding whether to make a long-term banning order on the ground that a 5
person has been given 3 temporary banning orders, the Authority may take 6
into consideration the circumstances that resulted in the person being given 7
those orders. 8
(6) A long-term banning order takes effect on the date specified by the Authority 9
in the order. Notice of the making of the order is to be given to the person who 10
is the subject of the order, but failure to give notice does not affect the 11
operation of the order if a reasonable attempt has been made to notify the 12
person. 13
(7) As soon as practicable after the Authority makes a long-term banning order, 14
the Authority is to provide such persons or bodies (if any) as are prescribed by 15
the regulations with the following information: 16
(a) the name and address of the person who is the subject of the order, 17
(b) the period that the order is in force. 18
(8) A person who is the subject of a long-term banning order must not enter or 19
attempt to enter or remain on any high risk venue during the period specified 20
in the order. 21
Maximum penalty: 100 penalty units. 22
116H Administrative review by Civil and Administrative Tribunal of long-term 23
banning orders 24
(1) A person who is the subject of a long-term banning order may apply to the 25
Civil and Administrative Tribunal for an administrative review under the 26
Administrative Decisions Review Act 1997 of the Authority's decision to make 27
the order. 28
(2) Section 53 of the Administrative Decisions Review Act 1997 does not apply in 29
relation to the Authority's decision to make a long-term banning order. 30
116I Regulatory controls for licensed premises in prescribed precincts 31
(1) The regulations may prescribe conditions to which a licence relating to 32
premises situated in a prescribed precinct is subject. 33
(2) Without limiting the matters to which any such conditions may relate, the 34
conditions prescribed by the regulations under this section may: 35
(a) prohibit or restrict the use of glass or other breakable containers on the 36
licensed premises, or 37
(b) prohibit or restrict the sale or supply of certain types of liquor on the 38
licensed premises (including liquor with a high alcohol content or liquor 39
that is intended to be consumed rapidly such as a shot), or 40
(c) prohibit or restrict the sale or supply of liquor on the licensed premises 41
in certain circumstances or at certain times (including in circumstances 42
or at times otherwise permitted by or under this Act), or 43
(d) prohibit patrons from entering the licensed premises at certain times, or 44
(e) require the implementation of security or public safety measures in 45
respect of the licensed premises, or 46
(f) require incident registers to be kept, or 47
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Schedule 1 Amendment of Liquor Act 2007 No 90
(g) require the exclusion from licensed premises of persons of a specified 1
class (including persons who are wearing any clothing or article 2
displaying the name of, or other matter associated with, a particular 3
organisation), or 4
(h) require the licensee of any premises situated in the prescribed precinct 5
to contribute towards the costs associated with measures to minimise or 6
prevent alcohol-related violence or anti-social behaviour or other 7
alcohol-related harm in the precinct, or 8
(i) require the appointment of a person, as approved by the 9
Director-General, who is to be present in a high risk venue during such 10
periods, or in such circumstances, as may be specified or determined by 11
the regulations (an approved manager), or 12
(j) require records to be kept of the times when an approved manager is 13
present in a high risk venue, or 14
(k) require records to be kept of the amount of liquor sold or supplied on the 15
licensed premises and require the production of such information. 16
(3) The conditions that may be prescribed by the regulations under this section 17
may, without limitation, apply to a specified class of licensed premises or to 18
specified licensed premises. 19
(4) The regulations may authorise the Director-General to exempt the licensee of 20
any premises situated in a prescribed precinct from any of the conditions 21
prescribed by the regulations under this section. The regulations may also 22
provide that any such exemption is subject to conditions specified in the 23
exemption. 24
(5) In approving a person to be present in a high risk venue as required by licence 25
conditions imposed by the regulations under subsection (2) (i), the 26
Director-General must, after obtaining the consent of the person concerned, 27
conduct a criminal record check in relation to the person and be satisfied that 28
the person has the experience and capacity to have responsibility for the high 29
risk venue during the relevant periods. It is the duty of the Commissioner of 30
Police to assist in any such criminal record check. 31
(6) Any conditions prescribed by the regulations under this section are in addition 32
to any other conditions to which a licence relating to premises in the prescribed 33
precinct may be subject. 34
(7) Regulations may be made under this section regardless of whether any 35
licensee who is likely to be affected by the regulation has been given an 36
opportunity to make submissions in relation to the proposed regulation. 37
[29] Section 144B Definitions 38
Insert "or 4" after "Division 3" in paragraph (b) of the definition of prescribed offence. 39
[30] Section 152 Evidentiary provisions 40
Insert "or a prescribed precinct" after "Kings Cross precinct" in section 152 (1) (n1). 41
[31] Section 152 (1) (n2) 42
Insert "or 116B" after "116AA". 43
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Schedule 1 Amendment of Liquor Act 2007 No 90
[32] Section 159 Regulations 1
Omit section 159 (2) (f1). Insert instead: 2
(f1) any matter relating to the operation of the Kings Cross precinct ID 3
scanner system or a prescribed precinct ID scanner system and the use 4
of patron ID scanners under Division 3 or 4 of Part 6, 5
[33] Schedule 1 Savings and transitional provisions 6
Omit clause 1 (1). Insert instead: 7
(1) The regulations may contain provisions of a savings or transitional nature 8
consequent on the enactment of this Act or any Act that amends this Act. 9
[34] Schedule 1, Part 12 10
Insert after Part 11 of Schedule 1: 11
Part 12 Provisions consequent on enactment of Liquor 12
Amendment Act 2014 13
42 Definition 14
In this Part: 15
amending Act means the Liquor Amendment Act 2014. 16
43 Kings Cross precinct 17
(1) The declaration of the Sydney CBD Entertainment precinct by the regulations 18
does not affect the application of this Act and the regulations to the Kings 19
Cross precinct. 20
(2) In particular (and without limiting subclause (1)), the provisions of this Act 21
and the regulations that apply to premises situated within the Kings Cross 22
precinct continue after the commencement of the amending Act to apply to 23
premises that, immediately before the commencement of this clause, were 24
treated by the operation of section 4A (2) as being situated within the Kings 25
Cross precinct. 26
44 Extended trading authorisations 27
A term of an extended trading authorisation in force immediately before the 28
commencement of this clause in respect of a licence under section 14, 18, 26 29
or 29 that authorises licensed premises to sell liquor for consumption away 30
from the licensed premises after 10 pm is taken on that commencement to have 31
no effect. 32
45 Authorisation to sell liquor for consumption away from licensed premises 33
A term of an authorisation under section 26 in force immediately before the 34
commencement of this clause that authorises licensed premises to which an 35
on-premises licence relates to sell liquor by retail for consumption away from 36
the licensed premises after 10 pm is taken on that commencement to have no 37
effect. 38
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Liquor Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
46 Crown not liable for any compensation 1
(1) Damages or compensation are not payable by or on behalf of the Crown: 2
(a) because of the enactment of the amending Act or the operation of the 3
amendments made by the amending Act (including the provisions of 4
this Part), or 5
(b) for the consequences of that enactment or operation, or 6
(c) because of a representation or conduct of any kind about the sale or 7
supply of liquor on any premises or kind of premises. 8
(2) In this clause, the Crown means the Crown within the meaning of the Crown 9
Proceedings Act 1988, and includes any employee or agent of the Crown. 10
47 Review of amendments relating to "lock outs" and cessation of liquor sales at 11
3 am in Sydney CBD Entertainment precinct 12
(1) The Minister is to appoint a person who in the opinion of the Minister 13
possesses appropriate expertise, knowledge and skills and who is independent 14
of the Government to review the amendments made to the Liquor Regulation 15
2008 by the amending Act that relate to "lock outs" and the cessation of liquor 16
sales at 3 am and any other provision prescribed by the regulations, to 17
determine whether the policy objectives of those amendments remain valid 18
and whether the terms of those amendments remain appropriate for securing 19
those objectives, and report to the Minister. 20
(2) The review is to be undertaken as soon as possible after the end of the period 21
of 2 years following the date of assent to the amending Act and the Minister is 22
to report to the Premier on the outcome of the review as soon as practicable 23
after the review is completed. 24
[35] Schedule 4 Special licence conditions for declared premises 25
Omit "2 am" from clause 3 (1). Insert instead "1.30 am". 26
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Liquor Amendment Bill 2014 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
Schedule 2 Amendment of Liquor Regulation 2008 1
[1] Clause 3 Definitions 2
Insert in alphabetical order in clause 3 (1): 3
high risk day period--see clause 3A. 4
liquor sales cessation period means the period on any day between 3 am and 5
the commencement of the standard trading period referred to in 6
section 12 (1) (a) (i) of the Act. 7
lock out period means the period on any day between 1.30 am and the 8
commencement of the standard trading period referred to in 9
section 12 (1) (a) (i) of the Act. 10
Sydney CBD Entertainment precinct means the area of that name described 11
in Schedule 1A. 12
tourist accommodation establishment means: 13
(a) premises operating under an on-premises, hotel or club licence that 14
relates to accommodation premises, and 15
(b) that provides accommodation in at least 20 rooms or self-contained 16
suites (other than accommodation on a bed or dormitory-style basis 17
rather than in separate rooms), and 18
(c) that provides beverages, meals and other associated services to 19
temporary residents and their guests, 20
but does not include any tourist accommodation establishment bar area on the 21
premises that permits entry or exit (including by way of a vestibule) directly 22
to a public street. 23
tourist accommodation establishment bar area, in relation to a tourist 24
accommodation establishment, means any part of the establishment in which 25
liquor is ordinarily sold or supplied for consumption in the establishment, but 26
does not include: 27
(a) a dining area in the establishment, or 28
(b) any part of the establishment in which liquor is, otherwise than as 29
authorised under section 17 (6) of the Act, sold or supplied exclusively 30
to residents. 31
weekend or holiday late trading period, in relation to subject premises, 32
means: 33
(a) the period between midnight on any Friday, Saturday or public holiday 34
night or night before a public holiday and such later time at which the 35
premises are required to cease trading, or 36
(b) in the case of premises that are not required to cease trading at any time 37
after midnight on any Friday, Saturday or public holiday night or night 38
before a public holiday--the period between midnight on any Friday, 39
Saturday or public holiday night or night before a public holiday and 40
7 am, or 41
(c) a high risk day period. 42
[2] Clause 3A 43
Insert after clause 3: 44
3A High risk day period 45
(1) The Director-General may by order published on the NSW legislation website 46
declare a period on a specified day or part-day in a particular year to be a high 47
risk day period. 48
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Liquor Amendment Bill 2014 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
(2) The order can declare a high risk day period for the whole of a precinct or for 1
a specified part of a precinct and for a specified venue, or class of venues, 2
within such a precinct or part of a precinct. 3
(3) An order declaring a high risk day period may only be made if the 4
Director-General is satisfied that there is a risk that a significant degree of 5
alcohol- related violence or other anti-social behaviour associated with the day 6
will occur in the precinct, part precinct or venue or venues concerned on that 7
day. 8
(4) Notice in writing of an order declaring a high risk day period for a specified 9
venue or class of venues must be given to the licensees of the venues 10
concerned at least 28 days before the high risk day period. 11
(5) The Director-General may by order published on the NSW legislation website 12
cancel a high risk day period declared under this clause. 13
(6) An order under subclause (1) or (5) must be published at least 21 days before 14
the high risk day period. 15
[3] Clause 39AA Kings Cross and prescribed precincts--suspension or revocation of 16
recognised competency cards 17
Insert "or the Sydney CBD Entertainment precinct" after "Kings Cross precinct" wherever 18
occurring in clause 39AA (1) and (3). 19
[4] Clause 39AA (6) 20
Omit "Administrative Decisions Tribunal for a review". 21
Insert instead "Civil and Administrative Tribunal for an administrative review under the 22
Administrative Decisions Review Act 1997". 23
[5] Clause 39AA (7) 24
Omit "Administrative Decisions Tribunal Act 1997". 25
Insert instead "Administrative Decisions Review Act 1997". 26
[6] Clause 49A Additional approval to provide an approved RSA training course online 27
Insert after clause 49A (5): 28
(6) The operation of this clause is suspended on and from the commencement of 29
this subclause (the suspension period). 30
(7) For the duration of the suspension period: 31
(a) any additional approval granted before the commencement of the 32
suspension period is suspended, and 33
(b) no application may be made, or approval granted, for an additional 34
approval. 35
(8) The suspension of the operation of this clause does not affect any recognised 36
RSA certification issued before the commencement of the suspension period. 37
(9) Despite subclause (7), a person who has successfully completed an approved 38
RSA training course online before the commencement of the suspension 39
period may be granted recognised RSA certification as if any relevant 40
additional approval had not been suspended by that subclause. 41
[7] Clause 53B Definitions 42
Omit the definition of weekend late trading period. 43
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Schedule 2 Amendment of Liquor Regulation 2008
[8] Clauses 53C and 53D 1
Omit the clauses. Insert instead: 2
53C "Lock outs" for certain subject premises 3
(1) In this clause: 4
subject premises means the following subject premises (other than a tourist 5
accommodation establishment or a licensed restaurant): 6
(a) premises to which a hotel licence (including a general bar licence) 7
applies, 8
(b) premises to which a club licence applies, 9
(c) premises to which an on-premises licence relating to a public 10
entertainment venue (other than a cinema or theatre) or karaoke bar 11
applies, 12
(d) a high risk venue within the meaning of section 116AA of the Act, 13
(e) declared premises to which a level 2 licence (within the meaning of 14
Schedule 4 to the Act) relates. 15
(2) The licensee of any subject premises must not permit patrons to enter the 16
premises during the lock out period. 17
(3) For the avoidance of doubt, patrons already present in the subject premises 18
immediately before the start of the lock out period may: 19
(a) leave the premises at any time, or 20
(b) remain on the premises while the premises are authorised to trade, 21
but are not permitted to re-enter the premises during the lock out period. 22
(4) This clause does not prevent a resident of the subject premises from entering 23
the premises during the lock out period. 24
53D Liquor sales cessation period 25
(1) In this clause: 26
subject premises means the following subject premises (other than a tourist 27
accommodation establishment, licensed restaurant or small bar): 28
(a) premises to which a hotel licence (including a general bar licence) 29
applies, 30
(b) premises to which a club licence applies, 31
(c) premises to which an on-premises licence relating to a public 32
entertainment venue (other than a cinema or theatre) or karaoke bar 33
applies, 34
(d) a high risk venue within the meaning of section 116AA of the Act, 35
(e) declared premises to which a level 1 or level 2 licence (within the 36
meaning of Schedule 4 to the Act) relates. 37
(2) Liquor must not be sold or supplied on the subject premises in the liquor sales 38
cessation period. 39
(3) Subclause (2) does not in itself prevent the continued provision, or making 40
available, of other services and facilities on the subject premises (such as food 41
and non-alcoholic beverages, entertainment and the use of the premises for 42
conferences or meetings and for gambling activities that are otherwise 43
permitted on the premises). 44
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Liquor Amendment Bill 2014 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
(4) Despite section 103 (1) of the Act, a bar area or other part of a hotel referred 1
to in that subsection may remain open for the sale and supply of non-alcoholic 2
beverages, or food, only during the period when liquor is not permitted to be 3
sold or supplied under this clause. 4
[9] Clause 53F Certain drinks and other types of liquor sales prohibited during weekend 5
or holiday late trading period 6
Insert "or holiday" after" weekend" wherever occurring in clause 53F (2) and (3). 7
[10] Clause 53F (2) (d) 8
Omit the paragraph. Insert instead: 9
(d) any drink prepared on the premises that contains more than 30 ml of 10
spirits or liqueur. 11
[11] Clause 53G Requirement for RSA marshals during weekend or holiday late trading 12
period 13
Insert "or holiday" after "weekend" wherever occurring in clause 53G (2) and (3). 14
[12] Clause 53H CCTV systems to be maintained on subject premises 15
Omit "operate" from clause 53H (1) (a). Insert instead "record". 16
[13] Clause 53K Exclusion of persons from subject premises 17
Insert "and similar" after "motorcycle-related" in clause 53K (a). 18
[14] Clause 53K 19
Insert "Brothers for Life" and "Outlaws" in new subparagraphs in alphabetical order in 20
paragraph (a) and renumber the existing subparagraphs accordingly. 21
[15] Part 5B 22
Insert after Part 5A: 23
Part 5B Prescribed precincts 24
Division 1 Declaration of prescribed precincts 25
53V Declaration of prescribed precincts 26
The following precincts are declared to be prescribed precincts for the 27
purposes of the Act: 28
Sydney CBD Entertainment precinct 29
Division 2 Sydney CBD Entertainment precinct: special licence 30
conditions 31
53W Definition 32
In this Division: 33
high risk venue has the meaning it has in section 116B (2) of the Act. 34
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Liquor Amendment Bill 2014 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
53X Special licence conditions 1
(1) This Division prescribes, for the purposes of section 116I of the Act, 2
conditions to which a licence relating to premises situated in the Sydney CBD 3
Entertainment precinct is subject. Any such premises are referred to in this 4
Division as CBD subject premises. 5
(2) This Division applies to CBD subject premises only if liquor is authorised to 6
be sold for consumption on the premises. 7
(3) This Division does not apply to or in respect of the sale or supply of liquor to 8
a resident of CBD subject premises that is a tourist accommodation 9
establishment if liquor is sold or supplied for consumption only in the room in 10
which the resident is residing or staying. 11
(4) Despite any other provision of this Division, the Director-General may, by 12
order published in the Gazette, apply any provision of this Division 13
prescribing a condition to, or exclude the application of any such provision to, 14
subject premises specified in the order. 15
(5) An order under subclause (4) may be made only if the Director-General is 16
satisfied that: 17
(a) in the case of an order applying a provision to subject premises--the 18
order is necessary to reduce the risk of alcohol-related violence or 19
anti-social behaviour in or about the premises, and 20
(b) in the case of an order excluding the application of a provision to CBD 21
subject premises--there is a negligible risk of alcohol-related violence 22
in or about the premises or that a condition other than the specified 23
provision will be more effective in reducing such a risk. 24
53Y "Lock outs" for certain CBD subject premises 25
(1) In this clause: 26
CBD subject premises means the following CBD subject premises (other than 27
a tourist accommodation establishment): 28
(a) premises to which a hotel licence (including a general bar licence) 29
applies, 30
(b) premises to which a club licence applies, 31
(c) premises to which an on-premises licence relating to a public 32
entertainment venue (other than a cinema or theatre) or karaoke bar 33
applies, 34
(d) on and from 15 March 2014--a high risk venue within the meaning of 35
section 116B of the Act, 36
(e) declared premises to which a level 2 licence (within the meaning of 37
Schedule 4 to the Act) relates. 38
(2) The licensee of any CBD subject premises must not permit patrons to enter the 39
premises during the lock out period. 40
(3) For the avoidance of doubt, patrons already present in the CBD subject 41
premises immediately before the start of the lock out period may: 42
(a) leave the premises at any time, or 43
(b) remain on the premises while the premises are authorised to trade, 44
but are not permitted to re-enter the premises during the lock out period. 45
(4) This clause does not prevent a resident of the CBD subject premises from 46
entering the premises during the lock out period. 47
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Liquor Amendment Bill 2014 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
53Z Liquor sales cessation period 1
(1) In this clause: 2
CBD subject premises means the following CBD subject premises (other than 3
a tourist accommodation establishment, licensed restaurant or small bar): 4
(a) premises to which a hotel licence (including a general bar licence) 5
applies, 6
(b) premises to which a club licence applies, 7
(c) premises to which an on-premises licence relating to a public 8
entertainment venue (other than a cinema or theatre) or karaoke bar 9
applies, 10
(d) on and from 15 March 2014--a high risk venue within the meaning of 11
section 116B of the Act, 12
(e) declared premises to which a level 1 or level 2 licence (within the 13
meaning of Schedule 4 to the Act) relates. 14
(2) Liquor must not be sold or supplied on the CBD subject premises in the liquor 15
sales cessation period. 16
(3) Subclause (2) does not in itself prevent the continued provision, or making 17
available, of other services and facilities on the CBD subject premises (such 18
as food and non-alcoholic beverages, entertainment and the use of the 19
premises for conferences or meetings and for gambling activities that are 20
otherwise permitted on the premises). 21
(4) Despite section 103 (1) of the Act, a bar area or other part of a hotel referred 22
to in that subsection may remain open for the sale and supply of non-alcoholic 23
beverages, or food, only during the period when liquor is not permitted to be 24
sold or supplied under this clause. 25
53ZA Exemptions 26
(1) The Director-General may, on application by the licensee of CBD subject 27
premises and payment of a reasonable fee, exempt the licensee, by order in 28
writing served on the licensee, from any provision of this Division. 29
(2) The Director-General may grant such an exemption only if the 30
Director-General is satisfied that: 31
(a) the exemption is unlikely to result in an increase in the level of 32
alcohol-related violence or anti-social behaviour or other 33
alcohol-related harm in the Sydney CBD Entertainment precinct, and 34
(b) measures other than the specified condition to which the exemption 35
relates are in place on the CBD subject premises and that such measures 36
will be effective in reducing the risk of alcohol-related violence or 37
anti-social behaviour on or about the subject premises. 38
(3) Any such exemption may, if the relevant order so provides, apply in relation 39
to a specified part of the CBD subject premises concerned. 40
(4) An application for an exemption under this clause must be in the form and 41
manner approved by the Director-General. 42
(5) An order under this clause may be varied or revoked by the Director-General 43
by a subsequent order in writing served on the licensee concerned. 44
Page 22
Liquor Amendment Bill 2014 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
Division 3 Patron ID scanning 1
53ZB Minors exempted from patron ID scanning requirements 2
Section 116E (1) (a) and (b) of the Act do not apply in relation to minors who 3
are authorised to enter high risk venues within the meaning of section 116B of 4
the Act. 5
53ZC Time of use of patron ID scanners 6
Section 116E (1) (a) and (b) of the Act do not apply in relation to a licence for 7
a high risk venue during any period outside the times approved by the 8
Director-General and notified to the licensee under section 116E (1) (c) of the 9
Act. 10
[16] Clause 79 11
Omit the clause. Insert instead: 12
79 Temporary freeze on licences 13
(1) For the purpose of paragraph (b) of the definition of freeze period in 14
section 47A (1) of the Act, the period commencing on the date of assent to the 15
Liquor Amendment Act 2014 and ending on the day that is 2 years after the date 16
of assent is prescribed as the freeze period for so much of the Sydney CBD 17
Entertainment precinct as is not within a precinct described in Schedule 5 to 18
the Act. 19
(2) Division 1A of Part 4 of the Act does not apply to or in respect of CBD subject 20
premises that are tourist accommodation establishments (other than a club) or 21
a licensed restaurant. 22
Note. Division 1A of Part 4 of the Act does not apply to small bars (section 47AA). 23
[17] Schedule 1A 24
Insert after Schedule 1: 25
Schedule 1A Prescribed precincts 26
Part 1 Sydney CBD Entertainment Precinct 27
That part of the City of Sydney shown edged with a heavy unbroken line on the map marked 28
"Sydney CBD Entertainment Precinct" signed by the Minister and deposited in the Office 29
of Liquor, Gaming and Racing, but does not include the area within the Kings Cross 30
precinct. 31
Page 23
Liquor Amendment Bill 2014 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
Note. An illustration of the map is as follows: 1
Page 24
Liquor Amendment Bill 2014 [NSW]
Schedule 3 Other amendments
Schedule 3 Other amendments 1
3.1 Gaming and Liquor Administration Act 2007 No 91 2
Section 36A Review by Authority of certain decisions by Director-General under 3
gaming and liquor legislation 4
Insert "or 116B (4)" after "section 116AA (4)" in paragraph (a) (viiia) of the definition of 5
reviewable decision in section 36A (1). 6
3.2 Gaming Machines Regulation 2010 7
Clause 9 Location and operation of gaming machines in hotels 8
Insert "or when the continued provision of services and facilities such as gambling activities 9
is authorised by or under that Act at such a time" after "kept" in clause 9 (1) (b). 10
Page 25
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