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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
iquor Amendment (Kings Cross Plan
of Management) Bill 2012
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 9
Schedule 3 Consequential amendment of Law Enforcement (Powers
and Responsibilities) Act 2002 No 103 12
b2012-132-33.d15
New South Wales
iquor Amendment (Kings Cross Plan
of Management) Bill 2012
No , 2012
A Bill for
An Act to amend the Liquor Act 2007 and other legislation to implement the first
stage of a plan of management in relation to the Kings Cross precinct.
Clause 1 Liquor Amendment (Kings Cross Plan of Management) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Liquor Amendment (Kings Cross Plan of Management) 3
Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Amendment of Liquor Act 2007 No 90 Schedule 1
Schedule 1 Amendment of Liquor Act 2007 No 90 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
Kings Cross precinct--see section 4A. 4
[2] Section 4A 5
Insert after section 4: 6
4A Meaning of "Kings Cross precinct" 7
(1) For the purposes of this Act, the Kings Cross precinct is the area 8
including and bounded by the streets or parts of streets specified 9
in Schedule 2. 10
(2) A reference in this Act to premises situated in the Kings Cross 11
precinct includes a reference to premises: 12
(a) that front or back onto, or abut, any street or part of a street 13
specified in Schedule 2, or 14
(b) that can be entered from any such street or part, or 15
(c) that the regulations declare to be situated in the Kings 16
Cross precinct. 17
(3) The regulations may amend Schedule 2 by adding or removing, 18
or varying the description of, a street or part of a street. 19
[3] Section 47A Definitions 20
Insert "or, in the case of the Kings Cross precinct, ending on 21
24 December 2015" after "freeze period)" in paragraph (b) of the definition of 22
freeze period in section 47A (1). 23
[4] Section 47A (1), definition of "freeze precinct" 24
Insert "the Kings Cross precinct or" after "means". 25
[5] Section 47A (2A) 26
Insert after section 47A (2): 27
(2A) Subsection (2) does not apply in relation to the Kings Cross 28
precinct. 29
Page 3
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Schedule 1 Amendment of Liquor Act 2007 No 90
[6] Section 47AA 1
Insert after section 47A: 2
47AA Exclusion of small venues 3
(1) This Division does not apply to or in respect of subject premises: 4
(a) that comprise a small venue, and 5
(b) that would, as a result of any application under this Act or 6
an application for development consent as referred to in 7
section 47I, continue to comprise a small venue. 8
(2) For the purposes of this section, premises comprise a small venue 9
if: 10
(a) not more than 60 patrons may be lawfully on the premises 11
at any one time under the licence conditions for the 12
premises or any relevant consent for the premises under 13
the Environmental Planning and Assessment Act 1979, 14
and 15
(b) there are no gaming machines or other facilities for 16
gambling or betting on the premises, and 17
(c) the sale or supply of liquor for consumption away from the 18
premises is not authorised by the licence for the premises, 19
and 20
(d) the premises do not operate as a public entertainment 21
venue, and 22
(e) the premises meet any other criteria prescribed by the 23
regulations. 24
(3) The regulations may prescribe criteria for premises to be 25
regarded as a small venue for the purposes of this section, 26
including criteria relating to the location of the premises, to the 27
trading hours of the premises or to any connection with or 28
relationship to other premises in the area. 29
[7] Section 49 Extended trading authorisation 30
Omit section 49 (3) (b). Insert instead: 31
(b) situated in the Kings Cross precinct, or 32
(b1) situated in the area including and bounded by the parts of 33
streets specified in Schedule 3 (Oxford Street-- 34
Darlinghurst precinct) or that fronts or backs onto, or 35
abuts, any such specified part, or 36
Page 4
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Amendment of Liquor Act 2007 No 90 Schedule 1
[8] Part 6, Division 3 1
Insert after Division 2: 2
Division 3 Kings Cross precinct 3
116A Regulatory controls for licensed premises in Kings Cross precinct 4
(1) The regulations may prescribe conditions to which a licence 5
relating to premises situated in the Kings Cross precinct is 6
subject. 7
(2) Without limiting the matters to which any such conditions may 8
relate, the conditions prescribed by the regulations under this 9
section may: 10
(a) prohibit or restrict the use of glass or other breakable 11
containers on the licensed premises, or 12
(b) prohibit or restrict the sale or supply of certain types of 13
liquor on the licensed premises (including liquor with a 14
high alcohol content or liquor that is intended to be 15
consumed rapidly such as a shot), or 16
(c) prohibit or restrict the sale or supply of liquor on the 17
licensed premises in certain circumstances or at certain 18
times, or 19
(d) prohibit patrons from entering the licensed premises at 20
certain times, or 21
(e) require the implementation of security or public safety 22
measures in respect of the licensed premises, or 23
(f) require incident registers to be kept, or 24
(g) require the exclusion from licensed premises of persons of 25
a specified class (including persons who are wearing any 26
clothing or article displaying the name of, or other matter 27
associated with, a particular organisation), or 28
(h) require the licensee of any premises situated in the Kings 29
Cross precinct to contribute towards the costs associated 30
with measures to minimise or prevent alcohol-related 31
violence or anti-social behaviour or other alcohol-related 32
harm in the Kings Cross precinct. 33
(3) The conditions that may be prescribed by the regulations under 34
this section may, without limitation, apply to a specified class of 35
licensed premises or to specified licensed premises. 36
Page 5
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Schedule 1 Amendment of Liquor Act 2007 No 90
(4) The regulations may authorise the Director-General to exempt 1
the licensee of any premises situated in the Kings Cross precinct 2
from any of the conditions prescribed by the regulations under 3
this section. The regulations may also provide that any such 4
exemption is subject to conditions specified in the exemption. 5
(5) Any conditions prescribed by the regulations under this section 6
are in addition to any other conditions to which a licence relating 7
to premises in the Kings Cross precinct may be subject. 8
(6) Regulations may be made under this section regardless of 9
whether any licensee who is likely to be affected by the 10
regulation has been given an opportunity to make submissions in 11
relation to the proposed regulation. 12
[9] Schedule 1 Savings and transitional provisions 13
Insert at the end of clause 1 (1): 14
Liquor Amendment (Kings Cross Plan of Management) Act 2012 15
[10] Schedule 1 16
Insert after Part 8: 17
Part 9 Provisions consequent on enactment of 18
Liquor Amendment (Kings Cross Plan of 19
Management) Act 2012 20
35 Definition 21
In this Part: 22
amending Act means the Liquor Amendment (Kings Cross Plan 23
of Management) Act 2012. 24
36 Application of temporary licence and development consent freeze 25
provisions to extended Kings Cross precinct 26
(1) In this clause: 27
extended Kings Cross precinct means that part of the Kings 28
Cross precinct that was not part of the Kings Cross precinct as 29
described in Schedule 5 to this Act immediately before the 30
amendment of that Schedule by the amending Act. 31
(2) The amendments made to Division 1A of Part 4 by the amending 32
Act extend to an application under this Act for any licence or 33
other matter referred to in that Division or to an application for 34
Page 6
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Amendment of Liquor Act 2007 No 90 Schedule 1
development consent under the Environmental Planning and 1
Assessment Act 1979: 2
(a) that relates to premises situated in the extended Kings 3
Cross precinct, and 4
(b) that was made on or after 19 September 2012 but not 5
granted or otherwise determined as at the commencement 6
of those amendments. 7
(3) However, the amendments made to Division 1A of Part 4 by the 8
amending Act do not apply in relation to: 9
(a) an application under this Act for a licence or other matter 10
relating to premises situated in the extended Kings Cross 11
precinct, or 12
(b) an application for development consent under the 13
Environmental Planning and Assessment Act 1979 relating 14
to premises situated in the extended Kings Cross precinct, 15
that was made before 19 September 2012. 16
(4) A reference in this clause to an application for development 17
consent or to the granting of development consent has the same 18
meaning as it has in section 47I of this Act. 19
37 Existing Kings Cross liquor accords 20
(1) The Kings Cross Precinct Liquor Accord as in force under 21
Division 2 of Part 8 of this Act immediately before the 22
commencement of this clause is terminated and any licence 23
conditions imposed under section 136E in respect of that precinct 24
liquor accord cease to have effect on that commencement. 25
(2) The Kings Cross Accord, being the local liquor accord of that 26
name in force under Division 1 of Part 8 of this Act, is taken to 27
include terms authorising any person or body participating in the 28
accord to contribute towards the costs associated with measures 29
to minimise or prevent alcohol-related violence or anti-social 30
behaviour or other alcohol-related harm in the Kings Cross 31
precinct. 32
38 Crown not liable for any compensation 33
(1) Damages or compensation are not payable by or on behalf of the 34
Crown: 35
(a) because of the enactment of the amending Act or the 36
operation of the amendments made by the amending Act 37
(including the provisions of this Part), or 38
(b) for the consequences of that enactment or operation, or 39
Page 7
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Schedule 1 Amendment of Liquor Act 2007 No 90
(c) because of a representation or conduct of any kind about 1
the sale or supply of liquor on any premises or kind of 2
premises. 3
(2) In this clause, the Crown means the Crown within the meaning 4
of the Crown Proceedings Act 1988, and includes any employee 5
or agent of the Crown. 6
[11] Schedule 2 Kings Cross precinct 7
Omit "(Section 49 (3))". Insert instead "(Section 4A)". 8
[12] Schedule 5 Freeze precincts 9
Omit the matter relating to the Kings Cross precinct. 10
Page 8
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Amendment of Liquor Regulation 2008 Schedule 2
Schedule 2 Amendment of Liquor Regulation 2008 1
[1] Clause 39C Expiry of recognised RSA certifications 2
Insert after clause 39C (3): 3
(4) Despite subclause (3), if a recognised competency card issued to 4
a relevant person expires, the person may not be issued with a 5
new recognised competency card unless the person has 6
successfully completed an approved RSA training course in 7
addition to the course in respect of which the expired recognised 8
competency card was issued. 9
Note. This means that licensees, bar staff and security personnel in the 10
Kings Cross precinct will have to undertake approved RSA training every 11
5 years. 12
(5) For the purposes of subclause (4), relevant person means any of 13
the following: 14
(a) the licensee of licensed premises situated in the Kings 15
Cross precinct, 16
(b) a staff member of licensed premises situated in the Kings 17
Cross precinct, 18
(c) a person who is employed to carry on activities as a crowd 19
controller or bouncer on or about licensed premises 20
situated in the Kings Cross precinct. 21
[2] Clause 40 Obligations of licensee as to responsible service of alcohol 22
Insert after clause 40 (1): 23
(1A) The licensee of licensed premises situated in the Kings Cross 24
precinct must not, on and from 1 March 2013: 25
(a) sell, supply or serve liquor by retail on the premises, or 26
(b) cause or permit liquor to be sold, supplied or served on the 27
premises, 28
unless the licensee holds a current recognised competency card. 29
Maximum penalty: 50 penalty units. 30
[3] Clause 40 (2A) 31
Insert after clause 40 (2): 32
(2A) The licensee of licensed premises situated in the Kings Cross 33
precinct must not, on and from 1 March 2013, cause or permit a 34
staff member to sell, supply or serve liquor on the premises 35
Page 9
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Schedule 2 Amendment of Liquor Regulation 2008
unless the staff member holds a current recognised competency 1
card. 2
Maximum penalty: 50 penalty units. 3
[4] Clause 40 (3) 4
Omit "Subclause (1) does". Insert instead "Subclauses (1) and (1A) do". 5
[5] Clause 41 Obligations of staff members as to responsible service of 6
alcohol 7
Insert at the end of the clause: 8
(2) A staff member of licensed premises situated in the Kings Cross 9
precinct must not, on and from 1 March 2013, sell, supply or 10
serve liquor by retail on the premises unless the staff member 11
holds a current recognised competency card. 12
Maximum penalty: 20 penalty units. 13
[6] Clause 42 Obligations in relation to persons carrying on certain security 14
activities 15
Insert after clause 42 (1): 16
(1A) A person (including the licensee of licensed premises) must not 17
employ or engage a person to carry on activities as a crowd 18
controller or bouncer on or about licensed premises situated in 19
the Kings Cross precinct unless the person holds a current 20
recognised competency card. 21
Maximum penalty: 50 penalty units. 22
[7] Clause 42 (3) and (4) 23
Insert after clause 42 (2): 24
(3) A person must not, in the course of the person's employment, 25
carry on activities as a crowd controller or bouncer on or about 26
licensed premises situated in the Kings Cross precinct unless the 27
person holds a current recognised competency card. 28
Maximum penalty: 20 penalty units. 29
(4) Subclauses (1A) and (3) take effect on and from 1 March 2013. 30
Page 10
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Amendment of Liquor Regulation 2008 Schedule 2
[8] Schedule 2 Penalty notice offences 1
Insert in appropriate order in the matter relating to offences under the Liquor 2
Regulation 2008: 3
Clause 40 (1A) $1,100
Clause 40 (2A) $1,100
Clause 42 (1A) $550
Clause 42 (3) $440
[9] Schedule 2 4
Omit the matter relating to clause 41 of the Liquor Regulation 2008. 5
Insert instead: 6
Clause 41 (1) $220
Clause 41 (2) $440
Page 11
Liquor Amendment (Kings Cross Plan of Management) Bill 2012
Schedule 3 Consequential amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103
Schedule 3 Consequential amendment of Law 1
Enforcement (Powers and 2
Responsibilities) Act 2002 No 103 3
Section 148 General drug detection with dogs in authorised places 4
Insert after section 148 (2): 5
(3) A reference in this section to Schedule 2 to the Liquor Act 2007 6
is a reference to that Schedule as in force on the commencement 7
of this subsection. 8
Page 12
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