New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 116I

116I Regulatory controls for licensed premises in prescribed precincts

(1) The regulations may prescribe conditions to which a licence relating to premises situated in a prescribed precinct is subject.

(2) Without limiting the matters to which any such conditions may relate, the conditions prescribed by the regulations under this section may--

(a) prohibit or restrict the use of glass or other breakable containers on the licensed premises, or

(b) prohibit or restrict the sale or supply of certain types of liquor on the licensed premises (including liquor with a high alcohol content or liquor that is intended to be consumed rapidly such as a shot), or

(c) prohibit or restrict the sale or supply of liquor on the licensed premises in certain circumstances or at certain times (including in circumstances or at times otherwise permitted by or under this Act), or

(d) prohibit patrons from entering the licensed premises at certain times, or

(e) require the implementation of security or public safety measures in respect of the licensed premises, or

(f) require incident registers to be kept, or

(g) require the exclusion from licensed premises of persons of a specified class (including persons who are wearing any clothing or article displaying the name of, or other matter associated with, a particular organisation), or

(h) require the licensee of any premises situated in the prescribed precinct to contribute towards the costs associated with measures to minimise or prevent alcohol-related violence or anti-social behaviour or other alcohol-related harm in the precinct, or

(i) require the appointment of a person, as approved by the Secretary, who is to be present in a high risk venue during such periods, or in such circumstances, as may be specified or determined by the regulations (an
"approved manager" ), or

(j) require records to be kept of the times when an approved manager is present in a high risk venue, or

(k) require records to be kept of the amount of liquor sold or supplied on the licensed premises and require the production of such information.

(3) The conditions that may be prescribed by the regulations under this section may, without limitation, apply to a specified class of licensed premises or to specified licensed premises.

(4) The regulations may authorise the Secretary to exempt the licensee of any premises situated in a prescribed precinct from any of the conditions prescribed by the regulations under this section. The regulations may also provide that any such exemption is subject to conditions specified in the exemption.

(4A) The regulations may also authorise the Secretary to declare, by order in writing, any specified part of licensed premises situated in a prescribed precinct to be premises to which the conditions prescribed by the regulations under this section apply.

(5) In approving a person to be present in a high risk venue as required by licence conditions imposed by the regulations under subsection (2)(i), the Secretary must, after obtaining the consent of the person concerned, conduct a criminal record check in relation to the person and be satisfied that the person has the experience and capacity to have responsibility for the high risk venue during the relevant periods. It is the duty of the Commissioner of Police to assist in any such criminal record check.

(6) Any conditions prescribed by the regulations under this section are in addition to any other conditions to which a licence relating to premises in the prescribed precinct may be subject.

(7) Regulations may be made under this section regardless of whether any licensee who is likely to be affected by the regulation has been given an opportunity to make submissions in relation to the proposed regulation.