New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 53

53 Grant of on-licence (restaurant) and associated matters

(1) An application for an on-licence relating to a restaurant shall not be granted unless:

(a) the court is satisfied that the premises to which the application relates are, or are to be, operated as a bona fide restaurant, and

(b) the court is satisfied:

(i) that sanitary facilities for the use of customers meet the requirements of any development consent or complying development certificate (within the meaning of the Environmental Planning and Assessment Act 1979 ) required to be granted in respect of the use of the premises as a restaurant, or

(ii) if no such consent or certificate is required for the premises to be so used--that sufficient sanitary facilities for the convenient use of customers are located within, or in immediate proximity to, the restaurant.

(2) Where an on-licence is granted in relation to a restaurant that forms a contiguous part of a motel that contains not less than the prescribed number of bedrooms of a good standard each of which has separate sanitary and bathing facilities, the court may define the licensed premises to include the motel.

(3) An application for an on-licence relating to a restaurant is not to be granted where any sanitary facilities for the restaurant are proposed by the applicant for the licence to be located in immediate proximity to the restaurant (and not within the restaurant) unless the court is satisfied that:

(a) there are special circumstances that prevent those facilities being located within the restaurant, and

(b) the facilities are sufficiently near to the restaurant for convenient use by its patrons, and

(c) the facilities will be fully accessible to the patrons during the trading hours of the restaurant, and

(d) the safety of patrons will not be jeopardised by reason of the location of the facilities, and

(e) the applicant for the on-licence has entered into a written agreement or made other appropriate arrangements with the owner or occupier of the premises in which the facilities are located for the maintenance of the cleanliness of the facilities during the trading hours of the restaurant, and

(f) the grant of the licence is necessary to meet the needs of tourists and tourism or other special needs.

(4) An application for the endorsement of an on-licence relating to a restaurant with a dine-or-drink authority or to remove a licence endorsed with such an authority is not to be granted unless the court is satisfied that:

(a) the granting of the application would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates, and

(b) practices are or will be in place and will remain in place at the premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and

(c) the premises will at all relevant times be operated consistently with the primary purpose of the premises, as referred to in section 23 (2A), and

(d) the premises have the proper facilities for a restaurant, including facilities to support that primary purpose and facilities for the sale, supply and consumption of liquor, and

(e) practices are or will be in place and will remain in place at the premises that ensure that no more than 30 per cent of the seated dining positions available in the restaurant will be allocated to persons not dining at the premises.

(5) An application to remove an on-licence that relates to a restaurant and that is endorsed with a dine-or-drink authority must not be granted unless the court is satisfied that the removal is to a place within the neighbourhood of the premises from which it is proposed to remove the licence.