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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
iquor Amendment (Temporary
icence Freeze) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Liquor Act 2007 No 90 3
b2009-085-35.d22
New South Wales
iquor Amendment (Temporary
icence Freeze) Bill 2009
No , 2009
A Bill for
An Act to amend the Liquor Act 2007 to restrict the granting of liquor licences and
other liquor-related authorisations in certain precincts; and for other purposes.
Clause 1 Liquor Amendment (Temporary Licence Freeze) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Liquor Amendment (Temporary Licence Freeze) 3
Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Liquor Amendment (Temporary Licence Freeze) Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
Schedule 1 Amendment of Liquor Act 2007 No 90 1
[1] Part 4, Division 1A 2
Insert after Division 1: 3
Division 1A Temporary freeze on licences and other 4
authorisations 5
47A Definitions 6
(1) In this Division: 7
freeze period means the period: 8
(a) starting on the commencement of this section, and 9
(b) ending on 24 June 2010 (or such later date as may be 10
prescribed by the regulations before the end of the freeze 11
period). 12
freeze precinct means a precinct described in Schedule 5. 13
subject premises means any premises situated wholly or partly in 14
a freeze precinct. 15
(2) For the purposes of this Division and Schedule 5: 16
(a) a precinct that is described by reference to specified streets 17
is taken to include all the premises on those streets, and 18
(b) premises are taken to be on a street if: 19
(i) the street address of the premises includes the name 20
of the street, or 21
(ii) the premises front or back onto, or abut, the street, or 22
(iii) the premises can be entered from the street, or 23
(iv) the regulations provide that the premises are 24
situated in the immediate vicinity of the street. 25
(3) A reference in this Division: 26
(a) to a public entertainment venue does not (except where 27
otherwise expressly provided) include a reference to a 28
cinema or theatre, and 29
(b) to a producer/wholesaler licence is a reference to such a 30
licence only to the extent that the licence authorises, or 31
would authorise, the sale of liquor by retail (other than the 32
retail sale of liquor at a wine show or a producers' market 33
or fair in accordance with section 33 (1) (d) or (e)). 34
Page 3
Liquor Amendment (Temporary Licence Freeze) Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
47B Restrictions on granting new licences 1
(1) During the freeze period, the following types of licences must not 2
be granted for subject premises: 3
(a) hotel licence, 4
(b) club licence, 5
(c) on-premises licence that relates to a public entertainment 6
venue, 7
(d) packaged liquor licence, 8
(e) producer/wholesaler licence. 9
(2) During the freeze period, the Authority must not grant an 10
on-premises licence (other than an on-premises licence referred 11
to in subsection (1) (c)) for subject premises if the Authority is 12
satisfied that the granting of the licence is likely to result in an 13
increase in the number of persons who enter the freeze precinct 14
in which the premises are situated principally to consume 15
alcohol. 16
47C Restrictions on granting extended trading authorisations 17
During the freeze period: 18
(a) an extended trading authorisation (other than an extended 19
trading authorisation referred to in paragraph (c)) must not 20
be granted in relation to subject premises, and 21
(b) an extended trading authorisation applying to subject 22
premises must not be varied so as to increase the trading 23
hours of the premises, and 24
(c) the Authority must not grant an extended trading 25
authorisation in relation to subject premises so as to 26
authorise the sale or supply of liquor on the premises for a 27
special occasion that takes place on a specified date, and 28
not on a regular basis, if the Authority is satisfied that the 29
granting of the authorisation is likely to result in: 30
(i) an increase in the number of persons who enter the 31
freeze precinct in which the premises are situated 32
principally to consume alcohol, or 33
(ii) an increase in the patron capacity of the premises. 34
47D Restrictions on varying or revoking licence conditions 35
(1) During the freeze period, the conditions to which a licence is 36
subject, being a licence to which this section applies that is held 37
in respect of subject premises, must not be varied or revoked if 38
any such variation or revocation would result in an increase in the 39
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Liquor Amendment (Temporary Licence Freeze) Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
trading hours of the subject premises. This subsection does not, 1
however, prevent the granting of an extended trading 2
authorisation as referred to in section 47C (c). 3
(2) Without limiting the operation of subsection (1), the Authority 4
must not, during the freeze period, take action under any other 5
provision of this Act to vary or revoke the conditions to which a 6
licence is subject, being a licence to which this section applies 7
that is held in respect of subject premises, if the Authority is 8
satisfied that the variation or revocation of the condition is likely 9
to result in: 10
(a) an increase in the number of persons who enter the freeze 11
precinct in which the premises are situated principally to 12
consume alcohol, or 13
(b) an increase in the patron capacity of the premises. 14
(3) This section applies to the following types of licences: 15
(a) hotel licence, 16
(b) club licence, 17
(c) on-premises licence that relates to a public entertainment 18
venue (including a cinema or a theatre), 19
(d) on-premises licence that relates to a restaurant, 20
(e) packaged liquor licence, 21
(f) producer/wholesaler licence. 22
47E Restrictions on granting authorisations under section 24 (3) 23
(1) During the freeze period, an authorisation under section 24 (3) 24
must not be granted in relation to subject premises for which any 25
of the following types of licences is held: 26
(a) on-premises licence that relates to a public entertainment 27
venue, 28
(b) on-premises licence that relates to a restaurant. 29
(2) During the freeze period, the Authority must not grant an 30
authorisation under section 24 (3) in relation to subject premises 31
for which an on-premises licence is held (other than an 32
on-premises licence referred to in subsection (1)) if the Authority 33
is satisfied that the granting of the authorisation is likely to result 34
in: 35
(a) an increase in the number of persons who enter the freeze 36
precinct in which the premises are situated principally to 37
consume alcohol, or 38
(b) an increase in the patron capacity of the premises. 39
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Liquor Amendment (Temporary Licence Freeze) Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
47F Restrictions on approving licence removals 1
(1) Removal of licence from premises situated outside of freeze 2
precinct 3
During the freeze period, the removal of any of the following 4
types of licences must not be approved if the licence would be 5
removed to subject premises from premises that are not situated 6
in the freeze precinct in which the subject premises are situated: 7
(a) hotel licence, 8
(b) club licence, 9
(c) on-premises licence that relates to a public entertainment 10
venue, 11
(d) packaged liquor licence, 12
(e) producer/wholesaler licence. 13
(2) During the freeze period, the Authority must not approve the 14
removal of an on-premises licence (other than an on-premises 15
licence that relates to a public entertainment venue) to subject 16
premises from premises that are not situated in the freeze precinct 17
in which the subject premises are situated if the Authority is 18
satisfied that: 19
(a) the removal of the licence to the subject premises is likely 20
to result in an increase in the number of persons who enter 21
the freeze precinct in which the subject premises are 22
situated principally to consume alcohol, or 23
(b) the patron capacity of the subject premises will be more 24
than the patron capacity of the premises from which the 25
licence would be removed. 26
(3) Removal of licence between premises in same freeze precinct 27
During the freeze period, the Authority must not approve the 28
removal of a licence, being a licence to which this subsection 29
applies, to subject premises from other premises situated in the 30
same freeze precinct in which the subject premises are situated if 31
the Authority is satisfied that: 32
(a) the removal of the licence to the subject premises is likely 33
to result in an increase in the number of people who enter 34
the freeze precinct in which the subject premises are 35
situated principally to consume alcohol, or 36
(b) the patron capacity of the subject premises will be more 37
than the patron capacity of the premises from which the 38
licence would be removed. 39
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Liquor Amendment (Temporary Licence Freeze) Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
(4) Subsection (3) applies to the following types of licences: 1
(a) hotel licence, 2
(b) club licence, 3
(c) on-premises licence, 4
(d) packaged liquor licence, 5
(e) producer/wholesaler licence. 6
47G Restrictions on changing boundaries of premises 7
(1) During the freeze period, the Authority must not change the 8
specified boundaries (as referred to in section 94) of subject 9
premises to which this subsection applies if the Authority is 10
satisfied that the change in the boundaries of the premises is 11
likely to result in: 12
(a) an increase in the number of people who enter the freeze 13
precinct in which the subject premises are situated 14
principally to consume alcohol, or 15
(b) an increase in the patron capacity of the subject premises. 16
(2) Subsection (1) applies to subject premises in respect of which any 17
of the following types of licences is held: 18
(a) hotel licence, 19
(b) club licence, 20
(c) on-premises licence, 21
(d) packaged liquor licence, 22
(e) producer/wholesaler licence. 23
(3) Without limiting subsection (1), the specified boundaries of any 24
licensed premises to which a producer/wholesaler licence relates 25
(being a producer/wholesaler licence to which section 35 applies) 26
must not, during the freeze period, be changed if the change 27
would result in the licensed premises being situated in a freeze 28
precinct. 29
47H Restrictions on licence conditions imposed by Director-General 30
(1) During the freeze period, the Director-General of Communities 31
NSW must not, except in such cases as the Director-General 32
considers appropriate, impose a condition on a licence, or vary or 33
revoke any condition of a licence, being a licence to which this 34
section applies that is held in respect of subject premises, if the 35
Director-General is satisfied that the condition, or the variation or 36
revocation of the condition, is likely to result in: 37
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Liquor Amendment (Temporary Licence Freeze) Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
(a) an increase in the number of people who enter the freeze 1
precinct in which the subject premises are situated 2
principally to consume alcohol, or 3
(b) an increase in the patron capacity of the premises. 4
(2) This section applies to the following types of licences: 5
(a) hotel licence, 6
(b) club licence, 7
(c) on-premises licence that relates to a public entertainment 8
venue (including a cinema or a theatre), 9
(d) on-premises licence that relates to a restaurant, 10
(e) packaged liquor licence, 11
(f) producer/wholesaler licence. 12
(3) Subsection (1) does not limit the operation of section 47D (1). 13
47I Restrictions on granting development consent in relation to 14
subject premises 15
(1) During the freeze period, development consent to carry out 16
development on subject premises must not be granted by a 17
consent authority if the development requires a licence, approval, 18
authorisation or other action under this Act that cannot be granted 19
or taken because of the operation of the other provisions of this 20
Division. 21
(2) For the purposes of subsection (1), any matter under those other 22
provisions of which the Authority is required to be satisfied is to 23
be a matter of which the consent authority is required to be 24
satisfied. 25
(3) This section does not apply to or in respect of an application for 26
development consent: 27
(a) to carry out development on subject premises for the 28
purposes of a restaurant, or 29
(b) to carry out development on subject premises that are in a 30
freeze precinct described in Part 2 of Schedule 5, or 31
(c) that was made on or before the relevant introduction date. 32
(4) This section does not prevent: 33
(a) an application for development consent from being 34
amended under the EP&A Act by the applicant for the 35
purposes of removing or modifying that part of the 36
application that would otherwise prevent it from being 37
granted because of subsection (1), or 38
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Liquor Amendment (Temporary Licence Freeze) Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
(b) the consent authority from determining any such amended 1
application in accordance with that Act. 2
(5) A reference in this section: 3
(a) to an application for development consent includes a 4
reference to an application to modify an existing 5
development consent, and 6
(b) to the granting of development consent includes a 7
reference to the modification of a development consent. 8
(6) A reference in this section to a consent authority includes, in the 9
case of any development that is complying development, a 10
reference to a certifying authority. 11
(7) The provisions of the EP&A Act that provide for an appeal to the 12
Land and Environment Court on the basis that the period for 13
determining an application for development consent has expired 14
before the application is determined do not, for the duration of the 15
freeze period, apply in relation to an application for development 16
consent that cannot be granted by the consent authority because 17
of this section. In the case of any such application for 18
development consent, the period under the relevant provision of 19
the EP&A Act for determining the application is taken to 20
commence immediately on the expiration of the freeze period. 21
(8) Words and expressions used in this section or in section 47J that 22
are defined in the EP&A Act have the same meaning as in that 23
Act. 24
(9) In this section: 25
EP&A Act means the Environmental Planning and Assessment 26
Act 1979. 27
relevant introduction date means the date on which the Bill for 28
the Liquor Amendment (Temporary Licence Freeze) Act 2009 29
was introduced into the Legislative Assembly. 30
47J Regulations 31
The regulations may: 32
(a) impose restrictions on the granting or determination, 33
during the freeze period, of any type of licence or other 34
matter in relation to subject premises (being a type of 35
licence or matter that could be granted under this Act and 36
is not otherwise dealt with under this Division), and 37
(b) impose restrictions on the granting, during the freeze 38
period, of development consent to carry out development 39
on subject premises (being development consent that is not 40
Page 9
Liquor Amendment (Temporary Licence Freeze) Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
otherwise restricted by the operation of section 47I and 1
that relates to the carrying out of development to which the 2
other provisions of this Division apply), and 3
(c) provide exceptions to all or any part of this Division, and 4
(d) amend Part 1 or 2 of Schedule 5 (including, without 5
limitation, by adding or removing, or varying the 6
description of, a precinct). 7
[2] Schedule 1 Savings and transitional provisions 8
Insert at the end of clause 1 (1): 9
Liquor Amendment (Temporary Licence Freeze) Act 2009 10
[3] Schedule 1, Part 4 11
Insert after Part 3: 12
Part 4 Provisions consequent on enactment of 13
Liquor Amendment (Temporary Licence 14
Freeze) Act 2009 15
28 Definition 16
In this Part: 17
amending Act means the Liquor Amendment (Temporary 18
Licence Freeze) Act 2009. 19
29 Pending liquor-related applications 20
(1) Division 1A of Part 4 (as inserted by the amending Act) extends 21
to an application under this Act for any licence or other matter 22
referred to in that Division that was made on or after 23
25 June 2009 but not granted or otherwise determined as at the 24
commencement of the amending Act. 25
(2) However, Division 1A of Part 4 does not apply in relation to any 26
application under this Act for a licence or other matter that was 27
made before 25 June 2009. 28
30 Crown not liable for any compensation 29
(1) Damages or compensation are not payable by or on behalf of the 30
Crown: 31
(a) because of the enactment of the amending Act or the 32
operation of the amendments made by the amending Act 33
(including the provisions of this Part), or 34
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Liquor Amendment (Temporary Licence Freeze) Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
(b) for the consequences of that enactment or operation, or 1
(c) because of a representation or conduct of any kind about 2
the sale or supply of liquor on any premises or kind of 3
premises. 4
(2) In this clause, the Crown means the Crown within the meaning 5
of the Crown Proceedings Act 1988, and includes any employee 6
or agent of the Crown. 7
[4] Schedule 5 8
Insert after Schedule 4: 9
Schedule 5 Freeze precincts 10
(Division 1A of Part 4) 11
Note. Maps illustrating the precincts described in this Schedule are available for 12
inspection on the website of the NSW Office of Liquor, Gaming and Racing, 13
Communities NSW. 14
Part 1 Precincts affected by liquor licensing and 15
development consent freeze provisions 16
Note. All of the provisions of Division 1A of Part 4 of this Act (including the restrictions 17
under section 47I in relation to the granting of development consent under the 18
Environmental Planning and Assessment Act 1979) apply to or in respect of the 19
precincts described in this Part. 20
CBD South precinct 21
George Street from its intersection with Park Street on its eastern side and 22
Druitt Street on its western side south to its intersection with Hay Street 23
Liverpool Street from its intersection with George Street east to its intersection 24
with Castlereagh Street 25
Goulburn Street from its intersection with George Street east to its intersection 26
with Castlereagh Street 27
Kings Cross precinct 28
Darlinghurst Road from its intersection with Kings Cross Road on its eastern 29
side and William Street on its western side northeast to the point that it 30
becomes Macleay Street 31
Bayswater Road from its intersection with Darlinghurst Road east to its 32
intersection with Ward Avenue 33
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Liquor Amendment (Temporary Licence Freeze) Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
Oxford Street, Darlinghurst precinct 1
Oxford Street from its intersection with College Street on its northern side and 2
Wentworth Avenue on its southern side southeast to its intersection with 3
Bourke Street on its northern side and Flinders Street on its southern side 4
Flinders Street from its intersection with Oxford Street south to its intersection 5
with Short Street on its western side and to property number 58A on its eastern 6
side 7
The precinct also comprises the whole of the area bounded by the following 8
streets: 9
Oxford Street from its intersection with Crown Street southeast to its 10
intersection with Bourke Street on its northern side and Flinders Street on its 11
southern side 12
Flinders Street from its intersection with Oxford Street south to its intersection 13
with Patterson Lane on its western side 14
Patterson Lane from its intersection with Flinders Street west to its intersection 15
with Bourke Street 16
Bourke Street from its intersection with Patterson Lane north to its intersection 17
with Campbell Street 18
Campbell Street from its intersection with Bourke Street west to its 19
intersection with Crown Street 20
Crown Street from its intersection with Campbell Street north to its 21
intersection with Oxford Street 22
The precinct also comprises premises at Nos. 10-20 Oxford Square, 23
Darlinghurst. 24
Part 2 Precincts affected by liquor licensing 25
freeze provisions only 26
Note. Section 47I (which provides for restrictions on the granting of development 27
consent under the Environmental Planning and Assessment Act 1979) does not apply 28
to or in respect of any precincts specified in this Part. 29
On the commencement of this Part (as inserted by the Liquor Amendment (Temporary 30
Licence Freeze) Act 2009) this Part was blank. 31
Page 12
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