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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
iquor Amendment (Small Bars) Bill
2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Liquor Act 2007 No 90 3
Schedule 2 Amendment of other legislation 10
b2013-005-35.d09
New South Wales
iquor Amendment (Small Bars) Bill
2013
No , 2013
A Bill for
An Act to amend the Liquor Act 2007 to provide for a new type of licence for small
bars; and for other purposes.
Clause 1 Liquor Amendment (Small Bars) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Liquor Amendment (Small Bars) Act 2013. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Liquor Amendment (Small Bars) Bill 2013
Amendment of Liquor Act 2007 No 90 Schedule 1
Schedule 1 Amendment of Liquor Act 2007 No 90 1
[1] Section 4 Definitions 2
Omit the definition of extended trading authorisation in section 4 (1). 3
Insert instead: 4
extended trading authorisation means an extended trading 5
authorisation under section 49 or 49A. 6
[2] Section 4 (1) 7
Insert in alphabetical order: 8
small bar means the premises to which a small bar licence 9
relates. 10
[3] Section 10 Types of licences and authorisation conferred by licence 11
Insert after section 10 (1) (b): 12
(b1) small bar licence, 13
[4] Section 12 Standard trading period for certain licensed premises 14
Insert after section 12 (1) (after the note): 15
(1A) Despite subsection (1), the standard trading period for a small 16
bar is the period from noon to midnight on any day of the week. 17
Note. Small bars are subject to the 6-hour closure period under 18
section 11A. 19
[5] Section 12 (2) 20
Omit "such". 21
[6] Part 3, Division 3A 22
Insert after Division 3: 23
Division 3A Small bar licences 24
20A Authorisation conferred by small bar licence 25
A small bar licence authorises the licensee to sell liquor by retail 26
on the licensed premises for consumption on the licensed 27
premises only. 28
Note. Gaming machines in small bars are prohibited under the Unlawful 29
Gambling Act 1998. 30
Page 3
Liquor Amendment (Small Bars) Bill 2013
Schedule 1 Amendment of Liquor Act 2007 No 90
20B Trading hours for small bars 1
(1) The times when liquor may be sold under the authority conferred 2
by a small bar licence are during the standard trading period or at 3
such other times as may be authorised by an extended trading 4
authorisation. 5
(2) In the case of a small bar that is situated in an area that is not a 6
freeze precinct, an extended trading authorisation under 7
section 49A is, on the granting of the licence, taken to be in force 8
authorising the sale or supply of liquor on the licensed premises 9
between midnight and 2 am on any day of the week. 10
Note. Small bars in a non-freeze precinct can apply for longer trading 11
periods under section 49A. Small bars in a freeze precinct can also apply 12
for an extended trading authorisation under section 49A to trade after 13
midnight. 14
(3) This section does not authorise liquor to be sold in a small bar on 15
a restricted trading day. 16
(4) Subsection (3) does not apply in relation to the period between 17
midnight and such later time as may be authorised by an extended 18
trading authorisation on a restricted trading day that immediately 19
follows a day that is not a restricted trading day. 20
(5) In this section, freeze precinct has the same meaning as in 21
section 47A. 22
20C Small bar licence--miscellaneous conditions 23
(1) Maximum number of patrons 24
Liquor must not be sold or supplied in a small bar if the number 25
of patrons on the premises exceeds 60 or such greater number as 26
may be prescribed by the regulations. 27
(2) Small bars must be open to general public 28
The business carried out under a small bar licence must not be, or 29
include, a business that is limited to the sale or supply of liquor 30
only: 31
(a) to persons who have been invited to use or attend the small 32
bar, or 33
(b) to a particular class, or particular classes, of persons using 34
or attending the small bar. 35
(3) Subsection (2) is subject to such exceptions as may be approved 36
by the Authority on a temporary basis in relation to any particular 37
small bar or to such other exceptions as may be prescribed by the 38
regulations. Also, subsection (2) does not apply to the extent that 39
Page 4
Liquor Amendment (Small Bars) Bill 2013
Amendment of Liquor Act 2007 No 90 Schedule 1
is necessary to comply with any other provision of this Act or 1
with any other law. 2
(4) Food must be made available 3
Liquor may only be sold or supplied in a small bar if food of a 4
nature and quantity consistent with the responsible sale, supply 5
and service of alcohol is made available whenever liquor is sold 6
or supplied on the premises. 7
[7] Section 47AA 8
Omit the section. Insert instead: 9
47AA Small bars excluded 10
This Division does not apply to or in respect of subject premises: 11
(a) that comprise a small bar, and 12
(b) that would, as a result of any application under this Act or 13
an application for development consent as referred to in 14
section 47I, continue to comprise a small bar. 15
[8] Section 48 Community impact 16
Insert ", small bar licence" after "club licence" wherever occurring in 17
paragraphs (a)-(c) of the definition of relevant application in section 48 (2). 18
[9] Section 48 (2), definition of "relevant application" 19
Insert "or 49A (3) (b)" after "or (5A)". 20
[10] Section 48 (3A) and (3B) 21
Insert after section 48 (3): 22
(3A) However, a small bar application is not required to be 23
accompanied by a community impact statement if: 24
(a) development consent is required under the Environmental 25
Planning and Assessment Act 1979 to use the premises to 26
which the application relates as a small bar or to sell liquor 27
during the times to which the application relates, and 28
(b) the local police and the Director-General are, no more than 29
2 working days after the application for the required 30
development consent, or any variation to that application, 31
is made, notified by the applicant of the making of the 32
application for development consent or of the variation to 33
that application. 34
Page 5
Liquor Amendment (Small Bars) Bill 2013
Schedule 1 Amendment of Liquor Act 2007 No 90
(3B) For the purposes of subsection (3A), a small bar application 1
means any of the following: 2
(a) an application for a small bar licence, 3
(b) an application for approval to remove a small bar licence 4
to other premises, 5
(c) an application for an extended trading authorisation for a 6
small bar, 7
(d) an application to vary an extended trading authorisation for 8
a small bar. 9
[11] Section 49A 10
Insert after section 49: 11
49A Extended trading authorisation for small bars 12
(1) The Authority may, on application by the holder of a small bar 13
licence, authorise the licensee to sell or supply liquor, for 14
consumption on the licensed premises only, during a specified
period outside of the standard trading period for small bars. 15
16
Note. Small bars that are not in a freeze precinct are, on the granting of 17
the small bar licence, authorised to trade between midnight and 2 am. 18
See section 20B (2). 19
(2) An extended trading authorisation for a small bar cannot 20
authorise the sale or supply of liquor after 5 am or before 10 am 21
on any day of the week. 22
(3) An extended trading authorisation in relation to a small bar 23
operates to authorise the sale or supply of liquor on the licensed 24
premises: 25
(a) on a regular basis (until such time as the authorisation is 26
varied or revoked by the Authority), or 27
(b) if the authorisation so provides--on an occasion 28
considered by the Authority to be a special occasion and 29
that takes place on a specified date. 30
(4) In granting an extended trading authorisation for a small bar, the 31
Authority is to specify the trading hours during which the 32
licensee is authorised to sell or supply liquor. 33
(5) Section 49 (8) applies in relation to an extended trading 34
authorisation granted by the Authority under this section. 35
Page 6
Liquor Amendment (Small Bars) Bill 2013
Amendment of Liquor Act 2007 No 90 Schedule 1
[12] Section 51 General provisions relating to licence-related authorisations 1
Insert "(or, in the case of an application for an extended trading authorisation 2
for a small bar, by the Director-General)" after "Authority" wherever 3
occurring in section 51 (2) (a) and (d). 4
[13] Section 123 Minor not to enter or remain in certain licensed premises 5
Insert after section 123 (1) (b): 6
(b1) enter or remain in a small bar during trading hours, or 7
[14] Section 124 Licensee not to allow minors to enter or remain in certain 8
licensed premises 9
Insert after section 124 (1) (b): 10
(b1) enters a small bar during trading hours, or 11
[15] Section 124 (2) (b1) 12
Insert after section 124 (2) (b): 13
(b1) is in a small bar during trading hours, or 14
[16] Section 126 Minors must be refused entry to licensed premises 15
Insert ", small bar" after "club premises" in section 126 (a). 16
[17] Schedule 1 Savings and transitional provisions 17
Insert at the end of clause 1 (1): 18
any other Act that amends this Act 19
[18] Schedule 1, Part 10 20
Insert after Part 9: 21
Part 10 Provisions consequent on enactment of 22
Liquor Amendment (Small Bars) Act 2013 23
39 Conversion of existing general bar licences to small bar licences 24
(1) In this clause: 25
existing general bar licence means a general bar licence in force 26
immediately before the commencement of this clause. 27
existing premises means the premises to which an existing 28
general bar licence related immediately before the cancellation of 29
the licence under this clause. 30
Page 7
Liquor Amendment (Small Bars) Bill 2013
Schedule 1 Amendment of Liquor Act 2007 No 90
(2) The Authority is, on application by the holder of an existing 1
general bar licence made during the period of 6 months (or such 2
longer period as may be prescribed by the regulations) 3
immediately following the commencement of this clause, to: 4
(a) cancel the existing general bar licence, and 5
(b) at the same time grant a small bar licence for the existing 6
premises (a new licence) to the person who was the holder 7
of the existing licence. 8
(3) For the avoidance of any doubt, Division 3A of Part 3 of this Act 9
applies to a new licence. 10
(4) Any conditions imposed by or under this Act in relation to an 11
existing general bar licence are, on the cancellation of the 12
existing licence, taken to be conditions to which the new licence 13
is subject. 14
(5) Any strike incurred under Part 9A of this Act in respect of an 15
existing general bar licence and in force immediately before the 16
cancellation of the existing licence is taken to have been incurred 17
in respect of the new licence. 18
(6) Any proceedings commenced under Part 9 of this Act in relation 19
to an existing general bar licence that were pending immediately 20
before the cancellation of the existing licence may continue to be 21
taken in relation to the new licence. 22
(7) Any development consent under the Environmental Planning 23
and Assessment Act 1979 for the existing premises extends to the 24
premises to which the new licence relates. 25
(8) If, on the cancellation of an existing general bar licence, the 26
existing premises were declared premises within the meaning of 27
Schedule 4, the new premises are taken to be declared premises 28
until such time as that Schedule is amended to remove the 29
reference to the existing general bar licence. 30
(9) This clause is subject to the regulations. 31
40 Review of amendments relating to small bars 32
(1) The Minister is to review the amendments made to this Act and 33
the regulations by the Liquor Amendment (Small Bars) Act 2013 34
to determine whether the policy objectives of those amendments 35
remain valid and whether the terms of the amendments remain 36
appropriate for securing those objectives. 37
(2) The review is to be undertaken as soon as possible after 38
1 January 2016. 39
Page 8
Liquor Amendment (Small Bars) Bill 2013
Amendment of Liquor Act 2007 No 90 Schedule 1
(3) A report on the outcome of the review is to be tabled in each 1
House of Parliament before 1 January 2017. 2
Page 9
Liquor Amendment (Small Bars) Bill 2013
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Liquor Regulation 2008 2
[1] Clause 9A 3
Insert after clause 9: 4
9A Exemption for small bar applications 5
(1) This Division does not apply to or in respect of a small bar 6
application if: 7
(a) development consent is required under the Environmental 8
Planning and Assessment Act 1979 to use the premises to 9
which the application relates as a small bar or to sell liquor 10
during the times to which the application relates, and 11
(b) the local police and the Director-General are, no more than 12
2 working days after the application for the required 13
development consent, or any variation to that application, 14
is made, notified by the applicant of the making of the 15
application for development consent or of the variation to 16
that application. 17
(2) However, a person who makes a small bar application must 18
notify the local police of the making of the application no later 19
than 2 working days after the application is made. 20
(3) In this clause: 21
small bar application means any of the following: 22
(a) an application for a small bar licence, 23
(b) an application for approval to remove a small bar licence 24
to other premises, 25
(c) an application for an extended trading authorisation for a 26
small bar, 27
(d) an application to vary an extended trading authorisation for 28
a small bar. 29
[2] Clause 10 Categories of CIS 30
Insert after clause 10 (3) (b): 31
(b1) an application for a small bar licence, or 32
Note. Applications in relation to small bars are exempt from the 33
CIS requirements in certain circumstances--see section 48 (3A) 34
of the Act. 35
Page 10
Liquor Amendment (Small Bars) Bill 2013
Amendment of other legislation Schedule 2
[3] Clause 17 General and small bar licences--prohibition on gambling 1
Insert "or a small bar licence" after "general bar licence". 2
[4] Clause 17A Additional criteria relating to small venues in Kings Cross 3
precinct 4
Omit the clause. 5
[5] Clause 33A 6
Insert after clause 33: 7
33A Minors prohibited in small bars during trading hours--notice to be 8
displayed 9
(1) The licensee of a small bar must cause a notice that contains the 10
following words to be displayed, in accordance with this clause, 11
on the licensed premises: 12
PERSONS UNDER THE AGE OF 18 YEARS ARE NOT 13
PERMITTED ON THESE PREMISES DURING LIQUOR 14
TRADING HOURS 15
Maximum penalty: 20 penalty units. 16
(2) The notice must be in the form approved by the Director-General 17
and be obtained from the NSW Office of Liquor, Gaming and 18
Racing. 19
(3) The notice must be displayed in such a manner and in such a 20
place that it would be reasonable to expect that a person entering 21
the licensed premises would reasonably be expected to be alerted 22
to its contents. 23
[6] Clause 53B Definitions 24
Omit the definition of small venue. 25
[7] Clauses 53F (1), 53G (1) and 53H (4) 26
Omit "small venue" wherever occurring. Insert instead "small bar". 27
[8] Schedule 1 Application fees 28
Insert in Part 1 after the matter relating to club licences: 29
Small bar licence 50% of the 50% of the 50% of the
amount amount amount
specified for an specified for an specified for an
on-premises on-premises on-premises
licence licence licence
Page 11
Liquor Amendment (Small Bars) Bill 2013
Schedule 2 Amendment of other legislation
[9] Schedule 1, Part 2 1
Insert at the end of the Part: 2
Extended trading authorisation $750 $250 $1,000
for a small bar
[10] Schedule 2 Penalty notice offences 3
Insert after the matter relating to clause 33 (2) of the Liquor Regulation 2008: 4
Clause 33A (1) $220
2.2 Retail Trading Act 2008 No 49 5
Section 9 Certain licensed premises exempt 6
Insert "or small bar licence" after "hotel licence". 7
2.3 Standard Instrument (Local Environmental Plans) Order 8
2006 9
[1] Standard instrument, Dictionary 10
Insert after paragraph (c) of the definition of food and drink premises: 11
(d) a small bar. 12
[2] Standard instrument, Dictionary 13
Insert after the definition of site coverage: 14
small bar means a small bar within the meaning of the Liquor Act 15
2007. 16
Note. Small bars are a type of food and drink premises--see the 17
definition of that term in this Dictionary. 18
Page 12
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