New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 48

48 Risks and potential effects

(1) To facilitate consideration by the Authority of the potential impact the granting of certain licences, authorisations or approvals will have on the local community, a relevant application must be accompanied by a statement (a
"statement of risks and potential effects" ) that addresses the following--

(a) a description of the local community, including nearby points of interest and other licensed premises,

(b) advice about the applicant's proposed controls or mitigation strategies to address any risk of harm that would be caused by the relevant application being granted,

(c) the proposed positive impacts or benefits for the local community if the relevant application were granted,

(d) the results of any discussions between the applicant and the local community about any issues or concerns the local community may have about the relevant application,

(e) whether the granting of the relevant application would provide employment in, or other opportunities for, any of the following--

(i) the live music industry,

(ii) the arts sector,

(iii) the tourism sector,

(iv) the community or cultural sector.

(2) The statement of risks and potential effects must be--

(a) in the form approved by the Authority, and

(b) prepared in accordance with--

(i) the regulations, and

(ii) any additional requirements of the Authority.

(3) The Authority must not grant a relevant application unless the Authority is satisfied, having regard to the following, that the overall impact of the licence, authorisation or approval the subject of the relevant application will not be detrimental to the wellbeing of the local or broader community--

(a) the statement of risks and potential effects that accompanied the relevant application,

(b) any published cumulative impact assessment that applies to the area in which the premises the subject of the relevant application are located,

(c) any other matter the Authority is made aware of during the application process, including, for example, by way of reports or submissions.

(4) In having regard to the statement of risks and potential effects under subsection (3)(a), the Authority must--

(a) consider whether the criteria referred to in section 49(3)(a)-(c) are met, and

(b) if the criteria are met--give due weight to the strong positive social impact associated with offering live music performances or arts and cultural events.

(5) The regulations may provide for the following--

(a) the requirements that must be satisfied in relation to preparing statements of risks and potential effects,

(b) the matters to be addressed by statements of risks and potential effects,

(c) the information to be provided in statements of risks and potential effects,

(d) other matters relating to the preparation and content of statements of risks and potential effects.

(6) Without limiting subsection (5), the regulations may provide that the matters to be addressed by a statement of risks and potential effects are, for an application for an extended trading authorisation for a hotel licence, to include matters relating to gambling activities on the licensed premises during the period the authorisation is proposed to be in force.

(7) In this section--

"relevant application" means--

(a) an application of a kind prescribed by the regulations, or

(b) an application made in circumstances prescribed by the regulations.