New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 4

4 Definitions

(1) In this Act--

"accommodation premises" means premises that provide temporary accommodation to travellers and includes a bed and breakfast establishment, but does not include a boarding house, lodging house, nursing home, caravan park or any other type of premises prescribed by the regulations for the purposes of this definition.

"adult" means a person of or above the age of 18 years.

"airport" means a public airport established and maintained by a local council.

"authorised officer" has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 .

"Authority" means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007 .

"bar area" , in relation to a hotel or club premises, means any part of the hotel or club premises in which liquor is ordinarily sold or supplied for consumption in the hotel or on the club premises, but does not include--

(a) a dining area in the hotel or on the club premises, or

(b) any part of the hotel in which liquor is, otherwise than as authorised under section 17(6), sold or supplied exclusively to residents, or

(c) any part of the hotel in respect of which a minors area authorisation or minors functions authorisation is in force, whenever the authorisation operates to authorise the use by a minor of that part, or

(d) any part of the club premises in respect of which an authorisation under section 22 of the Registered Clubs Act 1976 specifying the part as a non-restricted area is in force, or

(e) any part of the club premises in respect of which--

(i) a junior members authorisation under section 22A of the Registered Clubs Act 1976 is in force, or

(ii) a club functions authorisation under section 23 of that Act is in force,

whenever the authorisation operates to authorise the use by a minor of that part.

"bed and breakfast establishment" means premises that provide temporary guest accommodation (other than dormitory-style accommodation) and where--

(a) the establishment is operated by the permanent residents of the establishment, and

(b) meals are provided for guests only.

"beer" means liquor that is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer.

"category 1 demerit offence" means an offence against--

(a) any of the following provisions of this Act--

(i) section 9 (sale or supply of liquor contrary to licence), but only where the offence relates to the sale or supply of liquor on or in relation to licensed premises outside of the trading hours of the premises,

(ii) section 11(2) (breach of licence conditions), but only in respect of a condition imposed under--

(A) Division 4 of Part 6, or

(B) Subdivision 2 or 3 of Division 4 of Part 9A,

that restricts the trading hours of licensed premises or prohibits patrons from entering licensed premises at certain times,

(iii) section 73(1)(a) or (b) (permitting intoxication or indecent, violent or quarrelsome conduct),

(iv) section 73(2) (selling or supplying liquor to an intoxicated person),

(v) section 74(1)(b) or (2) (permitting the sale, possession or use of a prohibited plant or drug),

(vii) section 82(6) (failure to comply with a short-term closure order),

(viii) section 84(7) (failure to comply with a long-term closure order),

(ix) section 102A(2) (failure to comply with a notice issued by the Secretary),

(x) section 114J (supplying liquor to an intoxicated person),

(xi) section 114L (making a same day delivery past the cut-off time),

(xii) section 149 (licensees and managers liable for act of employees etc) in respect of a contravention of section 73(2) or 75(3), or

(b) any other provision of this Act or the regulations that is prescribed by the regulations for the purposes of this definition, or

(c) the Gaming and Liquor Administration Act 2007 , section 34A.

"category 2 demerit offence" means an offence against--

(a) any of the following provisions of this Act--

(i) section 117(1), (2) or (8) (selling or supplying liquor to a minor or allowing such sale or supply),

(ii) section 149 (licensees and managers liable for act of employees etc) in respect of a contravention of section 117(1) or (2), or

(b) any other provision of this Act or the regulations that is prescribed by the regulations for the purposes of this definition.

"catering service" means a service for supplying food or liquor (or both) for consumption at a function, occasion or event.

"close associate" means a close associate within the meaning of the Gaming and Liquor Administration Act 2007 .

"club premises" means the premises to which a club licence relates.

"community event liquor accord" --see section 136A.

"complainant" , for Part 5, Division 3--see section 79B(4).

"criminal intelligence" means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012 , or declared by the Supreme Court under that Act to be criminal intelligence.

"dedicated live music and performance venue" --see section 3A.

"demerit offence" means a category 1 demerit offence or a category 2 demerit offence.

"demerit point" , in relation to a licensee, manager of licensed premises or club licence, means a demerit point--

(a) incurred against a licensee or manager of licensed premises under section 144H, or

(b) incurred against a club licence under section 144I, or

(c) imposed against a licensee or manager of licensed premises, or a club licence, under section 144N(1)(b).

"dining area" , in relation to licensed premises, means a part of the licensed premises used permanently and primarily for the consumption of meals at tables.

"disturbance complaint" , for Part 5, Division 3 and Schedule 1, clause 71--see section 79B(1).

"drink on-premises authorisation" means an authorisation referred to in section 50.

"employ" includes engage under a contract for services.

"employee" includes--

(a) a person engaged by a licensee or the manager of licensed premises under a contract for services, and

Example--: a person engaged by a licensee under a contract to provide catering at a registered club

(b) a person employed by a person mentioned in paragraph (a).

"evidence of age document" for a person means any of the following documents that bears a photograph of the person and that indicates (by reference to the person's date of birth or otherwise) that the person has attained a particular age, but does not include any such document that has expired or otherwise appears not to be in force--

(a) a motor vehicle driver or rider's licence or permit issued by Transport for NSW under the Road Transport Act 2013 or by the corresponding public authority of another State or Territory or under the law of another country,

(a1) a digital driver licence within the meaning of the Road Transport Act 2013 ,

(b) a Photo Card issued under the Photo Card Act 2005 ,

(b1) a digital Photo Card within the meaning of Part 2A of the Photo Card Act 2005 ,

(c) a document (referred to as
"an existing RTA proof of age card" ) issued by the Roads and Traffic Authority under section 117EA of the Liquor Act 1982 and in force immediately before the repeal of that section by this Act,

Note--: Existing RTA proof of age cards cease to be valid for any purpose on 14 December 2008--see Division 3 of Part 2 of Schedule 1 to this Act.

(d) a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person's identity and age,

(e) an Australian or foreign passport,

(f) any other class of document prescribed by the regulations for the purposes of this definition.

"extended trading authorisation" means an extended trading authorisation under section 49 or 49A.

"financial institution" means a bank or authorised deposit-taking institution.

"function" means any dinner, ball, convention, seminar, sporting event, race meeting, exhibition, performance, trade fair or other fair, fete or carnival, or any other event or activity, that is conducted for public amusement or entertainment or to raise funds for any charitable or other purpose and, in relation to a surf life saving club, includes any gathering of members of the club (and their guests) organised by the club for social purposes.

"gaming machine" has the same meaning as in the Gaming Machines Act 2001 .

"general bar licence" --see section 16.

"hotel" means the premises to which a hotel licence relates.

"hotelier" means the holder of a hotel licence under this Act.

"incentivised event" means--

(a) an event prescribed by the regulations, or

(b) a live music performance or other arts and cultural event designated by the Secretary, in accordance with the regulations, to be an incentivised event.

"inspector" means an inspector within the meaning of the Gaming and Liquor Administration Act 2007 .

"intoxicated" --see section 5.

"Kings Cross precinct" --see section 4A.

"licence" means a licence under this Act.

"licensed premises" means the premises to which a licence relates.

"licensee" means the holder of a licence.

"liquor" means--

(a) a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume, or

(c) any other substance prescribed by the regulations as liquor.

"liquor accord" means a local liquor accord, precinct liquor accord or community event liquor accord.

"local consent authority" , in relation to licensed premises or proposed licensed premises, means--

(a) the local council in whose area (within the meaning of the Local Government Act 1993 ) the premises are, or will be, situated, or

(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council--that person or body.

"local liquor accord" --see section 131.

"manager" of licensed premises means any of the following--

(a) a person appointed by the licensee under section 66 to manage the licensed premises,

(b) in the case of a registered club that has only one set of premises or is a registered club referred to in section 66(3)--the secretary of the registered club,

(c) in the case of a high risk venue within the meaning of section 116B--a person appointed by the licensee, in accordance with licence conditions imposed by the regulations under section 116I, to be present in the venue in accordance with those conditions.

"marine authority" means--

(a) the Minister administering the Ports and Maritime Administration Act 1995 , or

(b) Transport for NSW.

"meal" means a genuine meal consumed by a person at a dining table and includes, in the case of an on-premises licence that relates to accommodation premises--

(a) a meal supplied by the proprietor for immediate consumption (otherwise than at a dining table) on or away from the premises, and

(b) a picnic-style hamper supplied by the proprietor for consumption (otherwise than at a dining table) away from the premises on the same day as it is supplied.

"minor" means a person who is under the age of 18 years.

"minors area authorisation" means an authorisation referred to in section 121.

"minors authorisation" , for a small bar--see section 122A.

"minors functions authorisation" means an authorisation referred to in section 122.

"navigable waters" --

(a) means all waters that are, from time to time, capable of navigation and open to or used by the public for navigation, whether on payment of a fee or otherwise, but

(b) does not include flood waters that have temporarily flowed over the established bank of a watercourse.

"non-proprietary association" means--

(a) an incorporated or unincorporated body or association of persons (including a club) that, by its constitution or any law that governs its activities--

(i) is required to apply its profits (if any) and other income to the promotion of its objects or to purposes provided for by any such law, and

(ii) is prohibited from paying dividends, or distributing profits or income, to its shareholders or members, or

(b) a local council, or

(c) any public authority or community organisation prescribed by the regulations to be a non-proprietary association for the purposes of this definition.

"owner" of premises means the person entitled to the rents or profits of the premises.

"person authorised to sell liquor" means--

(a) a licensee, or

(b) a person who is authorised by the law of another State or Territory to sell liquor, or

(c) any person who sells or supplies liquor (whether in New South Wales or elsewhere) but is not required by this Act to hold a licence in respect of the sale or supply of liquor in New South Wales, or

(d) a person who is prescribed by the regulations, or who is of a class of persons prescribed by the regulations, for the purposes of this definition.

"precinct liquor accord" --see section 136A.

"premises" includes--

(a) a building or structure, or

(b) land or a place (whether built on or not), or

(c) a vehicle, vessel or aircraft.

"prescribed precinct--" see section 116C.

"prohibited drug" and
"prohibited plant" have the same meanings as in the Drug Misuse and Trafficking Act 1985 .

"public entertainment venue" means any of the following--

(a) a cinema,

(b) a theatre,

(c) premises in respect of which the primary business or activity is the provision of entertainment to members of the public by a person who is physically present on the premises and is actually providing the entertainment.

"published cumulative impact assessment" , for Division 5 of Part 4--see section 72A.

"racing club" means a body (whether incorporated or unincorporated) registered as a racing club by Racing New South Wales, Harness Racing New South Wales or Greyhound Racing New South Wales.

"registered club" means a club that holds a club licence under this Act.

"related authorisation" , for Division 5 of Part 4--see section 72A.

"related corporation" of a licensee means--

(a) if the licensee is a corporation--a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of the licensee, or

(b) if the licensee is an individual--a corporation--

(i) that employs the licensee, or

(ii) in respect of which the licensee occupies a position of authority.

"relevant licence" , for Division 5 of Part 4--see section 72A.

"relevant stakeholders" , for Division 5 of Part 4--see section 72A.

"resident" of licensed premises means a person (other than the licensee) who resides, or is staying overnight in, a part of the premises that has been set aside for the purposes of accommodation.

"responsible adult" , in relation to a minor, means an adult who is--

(a) a parent, step-parent or guardian of the minor, or

(b) the minor's spouse or de facto partner, or

(c) for the time being standing in as the parent of the minor.

"responsible person" for licensed premises means any of the following--

(a) the licensee,

(b) the manager of the premises,

(c) an employee or agent of the licensee or manager,

(d) a person acting or purporting to act on behalf of the licensee or manager.

"restaurant" means premises (however described) in respect of which the primary purpose is the business of preparing and serving meals to the public.

"restricted alcohol area" means any part of the State declared by the regulations under section 115 to be a restricted alcohol area for the purposes of this Act.

"restricted trading day" means Good Friday or Christmas Day.

"same day delivery" , for Division 1B of Part 6--see section 114E.

"same day delivery provider" , for Division 1B of Part 6--see section 114E.

"Secretary" means the Secretary of the Department of Enterprise, Investment and Trade.

"secretary" of a registered club has the same meaning as in the Registered Clubs Act 1976 .

"sell" includes any of the following--

(a) barter or exchange,

(b) offer, agree or attempt to sell,

(c) expose, send, forward or deliver for sale,

(d) cause or permit to be sold or offered for sale.

"small bar" means the premises to which a small bar licence relates.

"social impact duty" , for Division 5 of Part 4--see section 72A.

"special entertainment precinct" has the same meaning as in the Local Government Act 1993 , section 202.

"standard trading period" --see section 12.

"statement of risks and potential effects" --see section 48(1).

"supply" includes dispose of or deliver.

"surf life saving club" means a body (whether incorporated or unincorporated) that provides surf life saving services to members of the public in New South Wales.

"tasting" , in relation to liquor, means sampling a small amount of a particular product (including such an amount as may be prescribed by the regulations) usually for the first time or for the purpose of deciding whether to purchase a larger quantity of the product (or both), but does not include sampling to the extent that it is no longer ancillary to the primary purpose for which customers or intending customers are being supplied with the product, namely purchasing the product for consumption away from the licensed premises concerned.

"tertiary institution" means--

(a) a university, or

(b) a TAFE establishment within the meaning of the Technical and Further Education Commission Act 1990 , or

(c) any higher education provider (within the meaning of Division 16 of Part 2-1 of the Higher Education Support Act 2003 of the Commonwealth) prescribed by the regulations.

"trading hours" of licensed premises means the times during which, subject to this Act and the conditions of the licence, the sale or supply of liquor on the premises is authorised.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act, a reference to the
"exercise of a function" (except in the context of a function as defined in subsection (1)) includes a reference to the exercise or performance of a power, authority or duty.

(3) Notes included in the text of this Act do not form part of this Act.