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New South Wales
iquor and Registered Clubs
egislation Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Liquor Act 2007 No 90 3
Schedule 2 Amendment of Registered Clubs Act 1976 No 31 13
Schedule 3 Amendment of Casino, Liquor and Gaming Control
Authority Act 2007 No 91 15
b2009-086-35.d11
New South Wales
iquor and Registered Clubs
egislation Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Liquor Act 2007 to make further provision with respect to
trading on restricted trading days, the sale of liquor under certain
producer/wholesaler licences, dealing with disturbance complaints, and other
miscellaneous matters; to amend the Registered Clubs Act 1976 to make further
provision with respect to the membership of clubs; and for other purposes.
Clause 1 Liquor and Registered Clubs Legislation Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Liquor and Registered Clubs Legislation Amendment 3
Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Liquor and Registered Clubs Legislation Amendment Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
Schedule 1 Amendment of Liquor Act 2007 No 90 1
[1] Whole Act (except where otherwise amended by this Schedule) 2
Omit "Director" and "Director's" wherever occurring. 3
Insert instead "Director-General" and "Director-General's", respectively. 4
[2] Section 4 Definitions 5
Omit the definition of Director from section 4 (1). Insert instead: 6
Director-General means the Director-General of Communities 7
NSW. 8
[3] Section 4 (1), definition of "manager" 9
Insert "or is a registered club referred to in section 66 (3)" after "premises" in 10
paragraph (b) of the definition. 11
[4] Section 14 Authorisation conferred by hotel licence 12
Insert "(including a restricted trading day)" after "on any day" in 13
section 14 (2) (c). 14
[5] Section 14 (3) and (3A) 15
Omit section 14 (3). Insert instead: 16
(3) Restricted trading days 17
Despite subsection (2) (a), the times when liquor may be sold for 18
consumption on the licensed premises on a restricted trading day 19
are as follows: 20
(a) between midnight and 5 am on that day (but only if 21
authorised by an extended trading authorisation), 22
(b) between noon and 10 pm on that day. 23
(3A) In the case of Christmas Day, liquor must not be sold for 24
consumption on the licensed premises between noon and 10 pm 25
unless it is sold with or ancillary to a meal served in a dining area 26
on the licensed premises. 27
Page 3
Liquor and Registered Clubs Legislation Amendment Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
[6] Section 25 Authorisation conferred by on-premises licence (generally) 1
Omit section 25 (3). Insert instead: 2
(3) Restricted trading days 3
Despite subsection (2), the times when liquor may be sold for 4
consumption on the licensed premises on a restricted trading day 5
are as follows: 6
(a) between midnight and 5 am on that day (but only if 7
authorised by an extended trading authorisation), 8
(b) between 5 am and noon on that day (but only if authorised 9
by an extended trading authorisation and only if the liquor 10
is sold with or ancillary to a meal served in a dining area 11
on the licensed premises), 12
(c) between noon and 10 pm on that day (but only if the liquor 13
is sold with or ancillary to a meal served in a dining area 14
on the licensed premises), 15
(d) between 10 pm and midnight on that day (but only if 16
authorised by an extended trading authorisation and only if 17
the liquor is sold with or ancillary to a meal served in a 18
dining area on the licensed premises). 19
Note. Section 49 (7) restricts the granting of an extended trading 20
authorisation for licensed public entertainment venues on restricted 21
trading days. 22
[7] Section 25 (8) (a) 23
Insert "(including a restricted trading day)" after "on any day". 24
[8] Section 25 (8) 25
Omit "However, subsection (3) applies in relation to any part of the licensed 26
accommodation premises that operates as a public restaurant.". 27
[9] Section 33 Producers of wine and similar products 28
Insert "or as a producer of cider, perry or mead" after "wine producer" in 29
section 33 (1). 30
[10] Section 33 (2) 31
Insert ", or the sale or supply of cider, perry or mead," after "wine". 32
[11] Section 33 (3) (a) 33
Insert "or honey produced" after "fruit grown". 34
Page 4
Liquor and Registered Clubs Legislation Amendment Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
[12] Section 33 (3) (c) 1
Insert at the end of section 33 (3) (b) (ii): 2
, or 3
(c) in the case only of cider, perry or mead--it is uniquely the 4
licensee's (or a related corporation of the licensee's) own 5
product that has been produced: 6
(i) by or under the direction of the licensee (or a related 7
corporation of the licensee) on the licensed 8
premises, or 9
(ii) on the licensee's behalf from fruit grown or honey 10
produced by the licensee. 11
[13] Section 34 Producers of beer or spirits 12
Omit "small-scale producer of beer, spirits, cider, perry or mead" from 13
section 34 (1). 14
Insert instead "producer of beer or spirits". 15
[14] Section 34 (1) (b) 16
Omit "bottles". Insert instead "containers". 17
[15] Section 34 (2) 18
Omit the subsection. Insert instead: 19
(2) For the purposes of subsection (1), a product is the licensee's 20
product only if: 21
(a) it has been produced on the licensed premises, and 22
(b) it is uniquely the licensee's (or a related corporation of the 23
licensee's) own product. 24
[16] Section 34 (3) 25
Omit the subsection. 26
[17] Section 35 Miscellaneous provisions relating to producers of wine and 27
similar products 28
Insert "or as a producer of cider, perry or mead" after "wine producer" in 29
section 35 (1). 30
[18] Section 48 Community impact 31
Omit "(as referred to in section 49 (5) (b))" from the definition of relevant 32
application in section 48 (2). 33
Insert instead "(as referred to in section 49 (5) (b) or (5A))". 34
Page 5
Liquor and Registered Clubs Legislation Amendment Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
[19] Section 49 Extended trading authorisation 1
Insert after section 49 (2): 2
(2A) Without limiting subsection (2), the Authority may, in the case of 3
an on-premises licence, authorise the licensee, on application by 4
the licensee, to sell or supply liquor for consumption on the 5
licensed premises during any of the following periods: 6
(a) a specified period between 5 am and noon on a restricted 7
trading day, 8
(b) a specified period between 10 pm and midnight on a 9
restricted trading day. 10
Note. The sale of liquor at these times is subject to the requirement that 11
a meal is also served--see section 25 (3). 12
[20] Section 49 (5A) 13
Insert after section 49 (5): 14
(5A) Despite subsection (2) (a), the Authority may, in the case of a 15
hotel licence, authorise the licensee, on application by the 16
licensee, to sell or supply liquor for consumption on the licensed 17
premises during a specified period between midnight on a 18
Sunday and 5 am on a Monday, but only on or in connection with 19
a special occasion that takes place on a specified date. 20
[21] Section 49 (7) 21
Omit the subsection. Insert instead: 22
(7) Extended trading not permitted on or in relation to restricted 23
trading days--hotels and licensed public entertainment venues 24
Despite any other provision of this section, an extended trading 25
authorisation cannot, in the case of a hotel licence or an 26
on-premises licence that relates to a public entertainment venue 27
(other than a cinema or a theatre), be granted to authorise the sale 28
or supply of liquor for consumption on the licensed premises 29
during any of the following periods: 30
(a) between 5 am and noon on a restricted trading day, 31
(b) between 10 pm and midnight on a restricted trading day, 32
(c) between midnight and 5 am on any day immediately 33
following a restricted trading day. 34
[22] Section 49 (9) 35
Omit "subsection (5) (b)". Insert instead "this section". 36
Page 6
Liquor and Registered Clubs Legislation Amendment Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
[23] Section 50 Drink on-premises authorisation for producers of wine and 1
similar products 2
Omit "who carries on business as a wine producer" from section 50 (1). 3
[24] Section 55 Requirement to provide information in relation to persons 4
interested in licensee's business 5
Insert after section 55 (4): 6
(5) The regulations may create exceptions to this section. 7
[25] Section 56 Incident registers 8
Insert "or that occur between midnight and 3 am in the case of a limited 9
licence" after "outside of the standard trading period for the licensed 10
premises" in section 56 (2). 11
[26] Section 61 Application for transfer of licence on dispossession of 12
licensee 13
Omit section 61 (1) (c). Insert instead: 14
(c) the licensee is no longer employed by the owner of the 15
business carried on under the licence (the business owner) 16
or in attendance at the premises in the capacity as licensee. 17
[27] Section 61 (2) 18
Insert "or by the business owner" after "licensed premises". 19
[28] Section 61 (3) 20
Insert ", or the business owner (as the case requires)," after "possession of the 21
premises". 22
[29] Section 80 23
Omit the section. Insert instead: 24
80 Dealing with complaints 25
(1) The Director-General may, after receiving a complaint under 26
section 79, decide: 27
(a) to deal with the complaint in accordance with this 28
Division, or 29
(b) to take no further action under this Division in relation to 30
the complaint. 31
Page 7
Liquor and Registered Clubs Legislation Amendment Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
(2) If the Director-General decides to deal with the complaint, the 1
Director-General may: 2
(a) convene a conference to hear submissions in relation to the 3
complaint, or 4
(b) invite written submissions from the licensee for the 5
licensed premises to which the complaint relates, and from 6
such other persons as the Director-General considers 7
appropriate, and make a decision in relation to the 8
complaint without convening a conference. 9
(3) A conference, if convened, may deal with more than one 10
complaint. 11
(4) A complaint in relation to licensed premises that is being dealt 12
with by the Director-General under this section may be extended 13
to include other licensed premises if the Director-General is 14
satisfied: 15
(a) that the evidence given in support of the complaint would 16
support a complaint against the other licensed premises, or 17
(b) that, assuming that the complaint is shown to be justified, 18
action taken in relation to the licensed premises the subject 19
of the complaint will be ineffective unless similar action is 20
taken in relation to the other licensed premises. 21
(5) Any licensed premises in respect of which a complaint is 22
extended as referred to in subsection (4) is, for the purposes of 23
this Division, taken to be the subject of a complaint under this 24
Division. 25
(6) If, in relation to any such extended complaint, a conference is not 26
convened, the Director-General must invite written submissions 27
from the licensee for the licensed premises that are the subject of 28
the extended complaint before making a decision in relation to 29
the complaint. 30
(7) If a conference is convened in relation to a complaint: 31
(a) notice of the time and place of the conference is to be given 32
to all complainants and the licensee or licensees as 33
specified by the Director-General, and 34
(b) the Director-General is not to make a decision in relation 35
to the complaint unless each complainant and licensee who 36
is present at the conference is given a reasonable 37
opportunity to be heard. 38
Page 8
Liquor and Registered Clubs Legislation Amendment Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
(8) A conference under this section is to be presided over by the 1
Director-General and the procedure at the conference is to be 2
determined by the Director-General. 3
(9) The complainant or licensee is not entitled to be legally 4
represented at the conference. 5
(10) Nothing in this section prevents the Director-General from taking 6
other action in relation to a complaint under this Division or in 7
relation to licensed premises that are the subject of a complaint 8
under this Division. 9
[30] Section 81 Decision by Director-General in relation to complaint 10
Omit section 81 (1). Insert instead: 11
(1) The Director-General may, after dealing with a complaint in 12
accordance with section 80, decide to do any one or more of the 13
following: 14
(a) impose a condition on the licence for the licensed premises 15
the subject of the complaint, 16
(b) vary or revoke a condition to which the licence is subject, 17
(c) if a conference has been convened in relation to the 18
complaint--adjourn the conference subject to 19
implementation and continuation of undertakings given by 20
the licensee, 21
(d) issue a warning to the licensee, 22
(e) take no further action in relation to the complaint. 23
[31] Section 81 (3) 24
Omit "under subsection (2)". Insert instead "under this section". 25
[32] Section 92 Control of business conducted on licensed premises 26
Insert after section 92 (2): 27
(3) This section does not prevent a person who: 28
(a) is the licensee of any premises that are situated in a 29
shopping centre, and 30
(b) is the owner of each of the premises comprising the 31
shopping centre, 32
from leasing or subleasing, with the approval of the Authority, 33
any part of the licensed premises on which liquor is sold or 34
supplied for consumption on the premises. 35
Page 9
Liquor and Registered Clubs Legislation Amendment Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
(4) The person to whom any such part of the licensed premises is 1
leased or subleased in accordance with subsection (3) is, for the 2
purposes of this Act, taken to be an agent of the licensee. 3
[33] Section 93 Cessation of trade 4
Insert at the end of the section: 5
(2) This section does not apply in relation to limited licences. 6
[34] Section 148 Additional penalties may be imposed by court 7
Omit "or revoke or vary a condition to which a licence is subject" from 8
section 148 (b). 9
[35] Section 148 (2) 10
Insert at the end of section 148: 11
(2) Any condition imposed on a licence by a court under 12
subsection (1) (b) may be revoked or varied by the court on 13
application by the licensee, the Authority, the Director-General 14
or the Commissioner of Police. 15
[36] Schedule 1 Savings and transitional provisions 16
Insert at the end of clause 1 (1): 17
Liquor and Registered Clubs Legislation Amendment Act 2009, 18
to the extent that it amends this Act 19
[37] Schedule 1, clause 8A 20
Insert after clause 8: 21
8A Restricted trading days--existing on-licences 22
(1) Without limiting clauses 7 and 8, if the licensed premises to 23
which an existing on-premises licence relates were authorised 24
under the former Act to trade between 5 am and noon, or between 25
10 pm and midnight, on a restricted trading day, an extended 26
trading authorisation that relates to the period concerned is taken 27
to be in force in relation to the licensed premises. 28
(2) Except as otherwise provided under this Act, liquor must not be 29
sold for consumption on the licensed premises during any such 30
extended trading period on a restricted trading day unless it is 31
sold with or ancillary to a meal served in a dining area on the 32
licensed premises. 33
Page 10
Liquor and Registered Clubs Legislation Amendment Bill 2009
Amendment of Liquor Act 2007 No 90 Schedule 1
[38] Schedule 1, clause 25A 1
Insert after clause 25: 2
25A Further transitional provisions relating to pending SIAs and other 3
matters under former Act 4
(1) The Authority may determine a pending SIA in accordance with 5
Division 6A of Part 3 of the former Act as if that Division had not 6
been repealed by this Act. For that purpose, a reference in that 7
Division to the Board is taken to include a reference to the 8
Authority. 9
(2) If the pending SIA was provided in connection with a matter that 10
is the subject of pending proceedings as referred to in 11
clause 25 (2) and (3), that matter may, following the Authority's 12
determination of the pending SIA, be determined as provided by 13
those subclauses. 14
(3) If, in any other case, the pending SIA is approved by the 15
Authority, an application for a licence to which the pending SIA 16
relates may be determined by the Authority in accordance with 17
this Act. 18
(4) Sections 40 (4) (c) and 48 of this Act, and such other provisions 19
of this Act as may be prescribed by the regulations, do not apply 20
to or in respect of an application referred to in subclause (3). 21
(5) Without limiting the operation of subclause (1), if any matter that 22
the former Board was authorised or required to determine under 23
the former Act was not determined as at the commencement of 24
this clause, the matter may, to the extent that it relates to a licence, 25
approval or authorisation that may be granted under this or the 26
former Act, be determined by the Authority. 27
(6) In this clause: 28
pending SIA means a social impact assessment under Division 29
6A of Part 3 of the former Act that was provided to the former 30
Board before the relevant repeal date but that had not been 31
approved or otherwise determined as at the commencement of 32
this clause. 33
Page 11
Liquor and Registered Clubs Legislation Amendment Bill 2009
Schedule 1 Amendment of Liquor Act 2007 No 90
[39] Schedule 1 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provisions consequent on enactment of 3
Liquor and Registered Clubs Legislation 4
Amendment Act 2009 5
Disturbance complaints 6
The amendments made by the Liquor and Registered Clubs 7
Legislation Amendment Act 2009 (the amending Act) to the 8
provisions of Division 3 of Part 5 of this Act extend to complaints 9
made, but not determined, before the commencement of the 10
amending Act. 11
Page 12
Liquor and Registered Clubs Legislation Amendment Bill 2009
Amendment of Registered Clubs Act 1976 No 31 Schedule 2
Schedule 2 Amendment of Registered Clubs Act 1
1976 No 31 2
[1] Section 10 Requirements to be met by clubs 3
Omit section 10 (1) (c). 4
[2] Section 10 (2) 5
Omit the subsection. Insert instead: 6
(2) For the purposes of determining whether a club is conducted in 7
good faith as a club, as required by subsection (1) (a), regard is to 8
be had to the nature of the premises of the club. 9
[3] Section 10 (4) 10
Omit the subsection. 11
[4] Section 11 Calculation of maximum number of full members 12
Omit the section. 13
[5] Section 13 Exempt clubs 14
Omit "or (4)" from section 13 (1) (a). 15
[6] Section 30 Rules of registered clubs 16
Insert "or in section 30B" after "subsection (10)" in section 30 (2) (l) and (m), 17
wherever occurring. 18
[7] Section 30 (2) (n) 19
Insert after section 30 (2) (m): 20
(n) A register of persons who are admitted as temporary 21
members of the club for an extended period as referred to 22
in section 30B is to be kept in accordance with section 31 23
either as a separate register or as part of the register 24
referred to in paragraph (l). 25
[8] Section 30B 26
Insert after section 30A: 27
30B Admission of temporary members for extended period 28
(1) If the rules of a registered club provide for the admission of 29
temporary members, the rules are taken to include a rule that 30
persons may be admitted as temporary members of the club for a 31
period of up to, but not exceeding, 7 consecutive days (or for such 32
Page 13
Liquor and Registered Clubs Legislation Amendment Bill 2009
Schedule 2 Amendment of Registered Clubs Act 1976 No 31
longer period as the Authority may approve in writing in relation 1
to that club). 2
(2) The Authority cannot, under subsection (1), approve a period that 3
is more than 30 consecutive days. 4
[9] Section 31 Manner of keeping registers relating to members and guests 5
Insert after section 31 (1) (e): 6
(f) section 30 (2) (n) in relation to temporary members 7
referred to in section 30B is to have entered in it, when any 8
such temporary member enters the club premises for the 9
first time, the full name, or the surname and initials, and 10
the address, of the temporary member together with his or 11
her signature. 12
Note. A person who is admitted as a temporary member for an 13
extended period under section 30B does not have to sign in each 14
time the person enters the club's premises as such a member. 15
[10] Section 45 Unauthorised persons using club premises 16
Insert "(other than a temporary member referred to in section 30B)" after 17
"member of the club" in section 45 (1) (b). 18
[11] Section 45 (1) (b1) 19
Insert after section 45 (1) (b): 20
(b1) is a temporary member of the club (as referred to in section 21
30B) and the particulars required by section 31 (1) (f) have 22
not been entered in the register of temporary members kept 23
by the club in accordance with the rule of the club referred 24
to in section 30 (2) (n), or 25
[12] Section 73 Regulations 26
Omit "under section 17A" from section 73 (1) (o). 27
Insert instead "as referred to in Division 1A of Part 2". 28
[13] Schedule 2 Savings, transitional and other provisions 29
Insert at the end of clause 1A (1): 30
Liquor and Registered Clubs Legislation Amendment Act 2009, 31
to the extent that it amends this Act 32
Page 14
Liquor and Registered Clubs Legislation Amendment Bill 2009
Amendment of Casino, Liquor and Gaming Control Authority Act 2007 Schedule 3
No 91
Schedule 3 Amendment of Casino, Liquor and 1
Gaming Control Authority Act 2007 2
No 91 3
[1] Section 3 Definitions 4
Omit the definition of Director from section 3 (1). Insert instead: 5
Director-General means the Director-General of Communities 6
NSW. 7
[2] Sections 3 (1) (definition of "inspector"), 20 (2), 36 (2) (definition of 8
"official document") and 37 (b) 9
Omit "Director" wherever occurring. Insert instead "Director-General". 10
[3] Section 3 (1), definition of "key official" 11
Omit paragraph (c) of the definition. Insert instead: 12
(c) the Director-General, 13
[4] Section 3 (1), definition of "key official" 14
Omit "Patrol Commander" from paragraph (f) of the definition. 15
Insert instead "Local Area Commander". 16
[5] Section 16 Restrictions relating to key officials and former key officials 17
Insert at the end of section 16 (1) (e): 18
, or 19
(f) be a close associate of a person known by the official to be 20
an applicant for, or the holder of, a gaming or liquor 21
licence. 22
[6] Section 21 Requirement to provide information and records 23
Omit section 21 (1). Insert instead: 24
(1) The Authority or an inspector or police officer may, by notice in 25
writing given to a person, require the person to furnish to the 26
Authority, inspector or police officer such information or records 27
(or both) as the Authority, inspector or officer requires by the 28
notice in connection with any matter arising under or in 29
connection with the gaming and liquor legislation. 30
[7] Sections 30 (1) and 31 31
Insert "or police officer" after "inspector" wherever occurring. 32
Page 15
Liquor and Registered Clubs Legislation Amendment Bill 2009
Schedule 3 Amendment of Casino, Liquor and Gaming Control Authority Act 2007
No 91
[8] Schedule 2 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Liquor and Registered Clubs Legislation Amendment Act 2009, 3
to the extent that it amends this Act 4
Page 16
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