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LIQUOR ACT 2007 - SECT 49
Extended trading authorisation--general provisions
(1) Application of section This section applies in relation to the following
types of licences (referred to in this section as
"a relevant licence" )-- (a) a hotel licence,
(b) a club licence,
(c) an
on-premises licence (other than an on-premises licence that relates to a
vessel),
(d) a packaged liquor licence,
(e) a producer/wholesaler licence.
(2) Extended trading authorisation for consumption on premises In the case of
a relevant licence (other than a packaged liquor licence) that authorises the
sale or supply of liquor for consumption on the licensed premises, the
Authority may, on application by the licensee, authorise the licensee to sell
or supply liquor, for consumption on the licensed premises only, during any of
the following periods-- (a) in the case of a hotel licence--a specified period
between midnight and 5 am on any day of the week,
(b) in the case of
a relevant licence other than a hotel licence--a specified period between
midnight and 5 am on any day of the week,
(c) in any case--a specified period
between 5 am and 10 am on a Sunday,
(d) in any case--a specified period
between 10 pm and midnight on a Sunday.
(2A) Without limiting subsection (2),
the Authority may, in the case of an on-premises licence, authorise the
licensee, on application by the licensee, to sell or supply liquor for
consumption on the licensed premises during any of the following periods-- (a)
a specified period between 5 am and noon on a restricted trading day,
(b) a
specified period between 10 pm and midnight on a restricted trading day.
Note
: The sale of liquor at these times is subject to the requirement that a meal
is also served--see section 25(3).
(3) Despite subsection (2)(a), the
Authority may, in the case of a hotel-- (a) situated in the area constituting
the City of Sydney (as at 1 July 1994), or
(b) situated in the
Kings Cross precinct, or
(b1) situated in the area including and bounded by
the parts of streets specified in Schedule 3 (Oxford Street-Darlinghurst
precinct) or that fronts or backs onto, or abuts, any such specified part, or
(c) situated in the Kosciuszko National Park,
authorise the licensee, on
application by the licensee, to sell or supply liquor, for consumption on the
licensed premises only, during a specified period between midnight on a Sunday
and 5 am on a Monday.
(4) Extended trading authorisation for take-away sales
on Sundays In the case of a relevant licence (including a packaged liquor
licence) that authorises the sale or supply of liquor for consumption away
from the licensed premises, the Authority may, on application by the licensee,
authorise the licensee to sell or supply liquor, for consumption away from the
licensed premises only, during either or both of the following-- (a) a
specified period between 5 am and 10 am on a Sunday,
(b) a specified period
between 10 pm and 11 pm on a Sunday.
(5) Nature of
extended trading authorisation An extended trading authorisation operates to
authorise the sale or supply of liquor on the licensed premises-- (a) on a
regular basis (until such time as the authorisation is varied or revoked by
the Authority), or
(b) if the authorisation so provides--on a
special occasion that takes place on a specified date, or
(c) if the
authorisation so provides--on up to 12 separate occasions in any period of 12
months.
(5A) Despite subsection (2)(a), the Authority may, in the case of a
hotel licence, authorise the licensee, on application by the licensee, to sell
or supply liquor for consumption on the licensed premises during a specified
period between midnight on a Sunday and 5 am on a Monday, but only on or in
connection with a special occasion that takes place on a specified date.
(6)
Extended trading period to be specified In granting an
extended trading authorisation, the Authority is to specify-- (a) the extended
trading hours during which the licensee is authorised to sell or supply
liquor, and
(b) the part or parts of the licensed premises to which the
authorisation applies.
(7) Extended trading not permitted on or in relation
to restricted trading days--hotels and licensed public entertainment venues
Despite any other provision of this section, an extended trading authorisation
cannot, in the case of a hotel licence or an on-premises licence that relates
to a public entertainment venue (other than a cinema or a theatre), be granted
to authorise the sale or supply of liquor for consumption on the
licensed premises during any of the following periods-- (a) between 5 am and
noon on a restricted trading day,
(b) between 10 pm and midnight on a
restricted trading day,
(c) between midnight and 5 am on any day immediately
following a restricted trading day.
(8) Restrictions on granting
extended trading authorisation The Authority must not grant an
extended trading authorisation in respect of licensed premises unless the
Authority is satisfied that-- (a) practices are in place, and will remain in
place, at the licensed premises that ensure as far as reasonably practicable
that liquor is sold, supplied or served responsibly on the premises and that
all reasonable steps are taken to prevent intoxication on the premises, and
(b) the extended trading period will not result in the frequent undue
disturbance of the quiet and good order of the neighbourhood of the
licensed premises.
(9) For the purposes of this section, a
"special occasion" means the occasion of a unique or infrequent event of
local, State or national significance that persons independent of the licensee
(and of the owner or occupier of the premises) desire to celebrate or mark on
the licensed premises concerned.
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