New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"airport" means a public airport established and maintained by a council within the meaning of the Local Government Act 1993 .
"application" includes an application for a conditional grant of the application.
"approved gaming machine" has the same meaning as in the Gaming Machines Act 2001 .
"Australian wine" means wine, cider, mead or perry that is the produce of fruit grown or honey produced, in Australia.
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .
"beer" means liquor which 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.
"Board" means the Liquor Administration Board constituted by section 72.
"brewer" means a person who, for the purposes of sale, makes beer.
"caterer's licence" means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor at a function, occasion or event held on any premises, or part of premises, on which the licensee provides catering services, but only for consumption on those premises.
"catering services" means services for the preparation and supply of food for consumption at functions, occasions and events.
"Chairperson" where occurring otherwise than in relation to the Board means Chairperson of the Licensing Court.
"Chairperson of the Board" means Chairperson of the Liquor Administration Board.
"Chief Commissioner" means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996 .
"close associate" has the meaning given by section 4A.
"community liquor licence" means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises, being a licence that is granted as a community liquor licence.
"condition", in relation to a licence, includes a provision operating otherwise than as a condition.
"conditional" application means an application that may only be granted conditionally.
"court" means the Licensing Court constituted as provided by section 9 or 10.
"defined premises", in relation to a registered club, means the premises that are, within the meaning of the Registered Clubs Act 1976 , the defined premises of that club.
"dine-or-drink authority" means an authority referred to in section 23AD.
"dining room", in relation to licensed premises, means a part of the licensed premises used permanently and primarily for the consumption at tables of meals served otherwise than by self-service.
"Director" means the Director of Liquor and Gaming appointed as provided by section 6A.
"employ" includes engage under a contract for services.
"employee" includes a person engaged under a contract for services.
"entertainment" means entertainment provided by a person or persons physically present and actually providing the entertainment.
"entertainment area" means an area to which an authorisation granted by the Board under section 89 relates.
"financial institution" means:(a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or(b) a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or(c) a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code."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.
"Governor's licence" means a licence the issue of which is authorised under section 19.
"hotel" means the premises to which a hotelier's licence relates.
"hotelier" means the holder of a hotelier's licence.
"hotelier's licence" means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises, being a licence that is granted as a hotelier's licence.
"key official" means:(a) the Director-General of the Department of Gaming and Racing, or(b) an officer of the Department of Gaming and Racing who is listed in Schedule 3B to the Public Sector Management Act 1988 , or(c) an officer of the Department of Gaming and Racing who is not referred to in paragraph (a) or (b) but is the subject of a current written order by the Director-General of the Department that has been served on the officer and is to the effect that the officer is a key official for the purposes of this Act, or(d) the Director of Liquor and Gaming, or(e) the Commissioner of Police, or(f) a member of the Police Service Senior Executive Service, or(g) a police officer who holds the position of Patrol Commander or a higher position but is not referred to in paragraph (e) or (f), or(h) a member of the Police Service who is not referred to in paragraph (e), (f) or (g) but is the subject of a current written order by the Commissioner of Police that has been served on the member and is to the effect that the member is a key official for the purposes of this Act."lease" includes a letting, whether oral or in writing and, if in writing, whether or not by deed.
"licence" means a licence in force under this Act.
"licensed premises" means:(a) in the case of an on-licence to sell liquor at a function--the premises or part of premises in which the function is held, or(a1) in the case of a caterer's licence:(i) premises or part of premises that comprise the commercial kitchen specified in the licence as the commercial kitchen to which the licence applies, and(ii) premises or part of premises in which a function, occasion or event is being held and at which the holder of the licence is selling liquor under the authority of the licence, or(b) in the case of any other licence to sell liquor--the premises or part of premises on which the sale of liquor is authorised by the licence."Licensing Court" means a Licensing Court of New South Wales.
"liquor" includes:(a) a beverage which, at 20° Celsius, contains more than 1.15 per cent ethanol by volume, and(b) anything that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits, and(c) any other substance prescribed by the regulations as liquor."local consent authority", in relation to licensed premises or proposed licensed premises, means:(a) (unless paragraph (b) applies) the 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" means any code of practice, memorandum of understanding or other arrangement:(a) that affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of or conduct of business on licensed premises, and(b) that is entered into in writing between two or more licensees (or between one or several licensees and one or several clubs registered under the Registered Clubs Act 1976 ), with the approval of the Commissioner of Police or a delegate of the Commissioner, for the purpose of eliminating or reducing alcohol-related violence or anti-social behaviour or other alcohol-related harm."low alcohol liquor" means each of the following:(a) undiluted and unadulterated liquor (other than wine of the grape) which, at 20° Celsius, contains 3.5 per cent or less ethanol by volume,(b) undiluted and unadulterated wine of the grape which, at 20° Celsius, contains 6.5 per cent or less ethanol by volume."manager" or "manager of licensed premises" means a person appointed under Division 8A or 8B of Part 3 to manage licensed premises.
"meal" means a genuine meal partaken of by a person seated at a dining table.
"minor" means a person who has not attained the age of 18 years.
"minors functions authority" means a minors functions authority referred to in section 111A.
"motel" has the meaning given by section 4C.
"motel licence" means an on-licence granted in respect of a motel (not being an on-licence granted in respect of a restaurant or nightclub where the licensed premises are defined to include a motel).
"nightclub licence" means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises.
"nightclub trading period", in relation to premises the subject of a nightclub licence, means a period, commencing no earlier than 8 pm on a day and ending no later than 6 am on the following day, during which the licensee is authorised under the licence to sell or supply liquor at the premises whether or not with or as ancillary to a meal.
"non-proprietary association" means:(a) an incorporated or unincorporated body or association of persons (including a registered or unregistered 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) the Darling Harbour Authority, or(d) the Sydney Harbour Foreshore Authority, or(e) any public authority declared by order of the Minister, published in the Gazette, to be a non-proprietary association for the purposes of this definition."off-licence" means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption otherwise than on those premises.
"on-licence" means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises.
"on-licence to sell liquor at a function" means:(a) a permanent on-licence (function), or(b) a temporary on-licence (function)."owner", in relation to 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 registered club, or(c) a person who is authorised, by the law of another State or a Territory of the Commonwealth, to sell liquor, or(c1) any person who sells or supplies liquor (otherwise than as referred to in section 6 (1) (c)-(f) or (2)) whether in New South Wales or elsewhere but is not required by the 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, or who belongs to a class of persons that is prescribed, for the purposes of this paragraph."position of authority" is defined in section 4B.
"premises" includes land, a vessel, a railway train, a tram car (whether or not running on rails or self-propelled) and an aircraft and, in relation to a conditional application, includes premises proposed to be erected and premises as proposed to be altered or added to.
"prescribed place" means a city, town or place declared by or under section 5 to be a prescribed place.
"Principal Registrar" means the registrar of the court at Sydney.
"proof of age card" means a document:(a) issued by the Roads and Traffic Authority under section 117EA, or(b) issued by a public authority of the Commonwealth, or of another State or Territory, for the purpose of attesting to the identity and age of the holder."public hall" means a public hall that is used or intended to be used for the purpose of conducting public meetings or providing public entertainment.
"race meeting" has the same meaning as in the Racing Administration Act 1998 .
"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.
"reception area" means a part of a restaurant in which the sale, supply and consumption of liquor otherwise than at dining tables is authorised.
"record" includes any book, account, document, paper or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic process, or in any other manner or by any other means.
"refreshments" does not include liquor.
"registered club" has the same meaning as it has in the Registered Clubs Act 1976 .
"registrar" means registrar of the court appointed under section 17.
"regulations" means regulations made under this Act.
"responsible adult", in relation to a minor, means a person described by the regulations as being a responsible adult for the purposes of this Act, whether the description is given:(a) by reference to the relationship between the person and the minor, or(b) in some other manner."restaurant" means premises in which meals are, or upon the issue of a licence in relation to the premises are proposed to be, regularly supplied on sale to the public for consumption on the premises, but does not include premises to which a nightclub licence relates.
"restaurant licence" means an on-licence relating to a restaurant.
"restaurant restricted period", in relation to licensed premises the subject of a restaurant licence to which a dine-or-drink authority relates, means a period, commencing no earlier than 10 pm on a day and ending no later than 6 am on the following day, during which the licensee is authorised to sell or supply liquor at the premises whether or not with or as ancillary to a meal.
"restricted area", in relation to premises to which a hotelier's licence relates, means a part of the premises in which liquor is ordinarily sold or supplied for consumption on the premises, not being:(a) a dining room in which meals are being served,(b) a part of the premises in respect of which a minors functions authority or an authorisation under section 112 is in force whenever it operates to authorise the use by a minor of that part, or(c) a part of the premises in which liquor is, otherwise than as authorised under section 21 (2), sold or supplied exclusively to lodgers or inmates or both."restricted trading day" means Good Friday, Christmas Day and any day declared by the Governor, by proclamation published in the Gazette, to be a restricted trading day for the purposes of this Act.
"seated dining position" means a seated dining position within the meaning of section 23AD.
"sell" includes:(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, and"special area" means a special area as referred to in section 69EA.
"special event licence" means a licence issued under section 18A.
"special inspector" means a person (including the Director) holding office under section 109 as a special inspector.
"spirits" includes any liquor prescribed as spirits.
"spouse" includes, in relation to a licensee, a person who, although not legally married to the licensee, ordinarily lives with the licensee as the spouse of the licensee on a permanent and domestic basis.
"supply" includes dispose of and 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.
"theatre" means a theatre or cinema that is used or intended to be used for the purpose of providing public entertainment.
"this Act" includes regulations.
"trading hours", in relation to licensed premises, means the times at which, subject to this Act and the conditions of the licence, the sale of liquor on the premises pursuant to the licence is authorised.
"university" means a university established by an Act.
"unregistered club" means a club that is not a registered club within the meaning of the Registered Clubs Act 1976 .
"wine" includes any liquor prescribed as wine.
(2) In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the registrar in relation to any application, licence or licensed premises is a reference to the registrar for the prescribed place at which the court would sit to hear the application or, as the case may be, an application relating to the licence or licensed premises.
(3) Where the situation of the licensed premises is relevant for any purpose relating to an on-licence for a vessel or an aircraft, the licensed premises shall be deemed to be situated:(a) in the case of a vessel--at the usual port or place of departure or arrival of the vessel, or(b) in the case of an aircraft--at Sydney.
(4) Where the situation of the licensed premises is relevant for any purpose relating to a caterer's licence, the licensed premises are taken to be situated at the commercial kitchen to which the licence applies.
(5) For the purposes of this Act, a licence is removed if, with the consent of the court given otherwise than pursuant to section 93, the authority conferred by the licence ceases to be exercisable at the premises to which the licence relates at the time of the grant of the application for removal and becomes exercisable at the premises to which the removal was sought.
(6) A requirement under this Act to produce a record is, where the record is not written or not written in the English language, a requirement to produce a statement, written in the English language, setting forth such of the particulars in the record as are not written or are not written in the English language.
(7) In this Act, a reference to the exercise of a function includes a reference to the exercise or performance of a power, authority or duty.
(7A) In this Act, a reference to the secretary of a non-proprietary association is a reference:(a) in the case of a local council--to the general manager of the local council, or(b) in the case of a body referred to in paragraph (c), (d) or (e) of the definition of "non-proprietary association" --to the chief executive officer (however described) of the body.
(8) For the purposes of Schedule 4 or 5, a reference to a Statistical Subdivision or Statistical Local Area is a reference to a Statistical Subdivision or Statistical Local Area as determined by the Australian Bureau of Statistics.
(9) Notes included in this Act do not form part of this Act.