New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 49

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) Without limiting subsection (2), the Authority may, for an extended trading authorisation for a hotel licence, grant the authorisation if--

(a) live music performances or other arts and cultural events are offered as part of the regular business of the licensed premises, and

(b) the licensee provides evidence that an average of at least 2 live music performances or other arts and cultural events that meet the following criteria are held at the licensed premises in each week--

(i) the performances or events are held after 8pm,

(ii) the performances or events are for a duration of 45 minutes or more, and

(c) gaming machines are not in operation on the licensed premises.

(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.