New South Wales Repealed Acts

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This legislation has been repealed.

LIQUOR ACT 1982 - SECT 23

On-licence--miscellaneous conditions

23 On-licence--miscellaneous conditions

(2) Where the licensed premises to which an on-licence relates are a public hall, liquor shall not be sold or supplied on the licensed premises except:
(a) at, or as ancillary to, a dinner, reception, convention, seminar or the like, or a ball conducted by or on behalf of a body or association of persons, and
(b) by serving it to persons seated at tables.
(2A) Where the licensed premises to which an on-licence relates are a restaurant, the primary purpose of the premises is, for the purposes of this Act, to be a restaurant, and accordingly the premises must at all times be operated consistently with this primary purpose, whether or not the on-licence is endorsed with a dine-or-drink authority.
(3) Where the licensed premises to which an on-licence relates are a restaurant, liquor shall be sold, supplied and consumed in the restaurant only:
(a) in the reception area (if any) or at a table in the restaurant, and
(b) except where liquor is sold or supplied as provided by section 31 (3) or (4), and subject to section 23AD--with or as ancillary to a meal consumed at a table in the restaurant.
(3A) Where a hotelier's licence, a nightclub licence, an on-licence relating to a restaurant, or an on-licence relating to premises referred to in section 18 (4) (g), is in force, the business carried on pursuant to the licence shall be a business of selling and supplying liquor in accordance with this Act to the public resorting to the licensed premises and shall not, except as may be prescribed or to the extent necessary to comply with this or any other Act or law, be or include a business limited at any time only to selling or supplying liquor to persons invited to resort to the premises or only to a particular class, or particular classes, of persons resorting to the premises.
(3B) Subsection (3A) does not prevent:
(a) the imposition on a licence of a condition of the kind referred to in section 20 (2B), or
(b) the inclusion in a local liquor accord of any provision of the kind referred to in section 104E (1),
or any conduct on the part of any person acting in accordance with any such condition or for the purpose of promoting or giving effect to the terms of any such accord.
(4) Where the licensed premises to which an on-licence relates are a theatre, liquor shall not be sold or supplied on the licensed premises except in the part or parts of the theatre specified in the licence, being a part that is, or parts that are, accessible only to persons attending the entertainment at the theatre.
(5) Where the licensed premises to which an on-licence relates are within a university, liquor shall not be sold or supplied on the licensed premises except:
(a) to members, and invited guests of members, of the union, association or club that occupies the licensed premises, and
(b) when at least a light meal is available in a room on the licensed premises, with or without charge, for consumption by persons to whom the liquor is sold or supplied.
(6) Where the licensed premises to which an on-licence relates are a vessel or aircraft, liquor shall not be sold or supplied to the crew of the vessel or aircraft except, in the case of a vessel, as an allowance served out by order of the master.
(7) If an on-licence is a motel licence, liquor must not be sold or supplied on the licensed premises in contravention of any of the following restrictions:
(a) liquor may only be sold or supplied by means of bar facilities (such as facilities known as a mini-bar) located in the accommodation in which the liquor is to be consumed,
(b) liquor may only be sold or supplied to a person who is a bona fide traveller and accommodated at the motel in accommodation consisting of or including a bedroom with separate sanitary and bathing facilities, for consumption in that accommodation (whether by that person or by an invited guest of that person),
(c) the volume of liquor sold or supplied to any one person on any one day must not exceed 2 litres.



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