New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 116B

116B Interpretation

(1) In this Division--

"high risk venue" --see subsection (2).

"licensee ban" means the exercise by a licensee of premises in a prescribed precinct of a right referred to in section 77(13) to refuse to admit, or turn out, any person from the premises.

"long-term banning order" means an order under section 116G.

"temporary banning order" means an order under section 116F.

(2) A
"high risk venue" is a venue situated in a prescribed precinct comprising--

(a) licensed premises--

(i) on which liquor may be sold for consumption on the premises, and

(ii) that are authorised to trade after midnight at least once a week on a regular basis, and

(iii) that have a patron capacity (as determined by the Secretary) of more than 120 patrons, or

(b) licensed premises specified by, or of a class specified by, the regulations, or

(c) licensed premises that are designated by the Secretary under subsection (4).

(3) The regulations may create exceptions to subsection (2)(a).

(4) The Secretary may, with the concurrence of the Commissioner of Police, designate any specified licensed premises (or licensed premises of a specified class) in a prescribed precinct as a high risk venue if the Secretary is satisfied that there is a significant degree of alcohol-related violence or other anti-social behaviour associated with the premises.

(4A) However, the Secretary, when designating premises as a high risk venue, must not take into account the presence of a dance floor or area ordinarily used by patrons for dancing.

(5) The designation of licensed premises as a high risk venue is to be made by order in writing given to the licensee. Any such order takes effect on the date specified in the order (being a date that is not earlier than 6 weeks from the date the order is given).

Note--: A decision of the Secretary to designate licensed premises as a high risk venue is reviewable by the Independent Liquor and Gaming Authority under the Gaming and Liquor Administration Act 2007 --see section 36A of that Act.