New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 59A

59A Removal of unrestricted club licences to other premises

(1) This section applies in relation to an application under section 59 to remove an unrestricted club licence to premises other than premises specified in the licence if--

(a) the proposed premises are situated--

(i) on land zoned or otherwise designated for use for the same purpose as the land on which the existing licensed premises are situated, and

(ii) within a 1km radius of the existing licensed premises, or

(b) the proposed premises are situated--

(i) on urban use land, or land that adjoins urban use land, and

(ii) within a 5km radius of the existing licensed premises.

(2) Despite any other provision of this Act, if the application is granted, the registered club to which the licence relates may continue to operate the club's premises under the licence as if the licence were an unrestricted club licence.

(3) In this section--

"existing licensed premises" means the premises specified in the unrestricted club licence that is the subject of the application.

"on-premises trading hours" means the times during which liquor may be sold or supplied only for consumption on the existing licensed premises.

"proposed premises" means the premises to which the unrestricted club licence is proposed to be removed in the application.

"unrestricted club licence" means a club licence--

(a) to which the Registered Clubs Act 1976 , Schedule 2, clause 94(2) applies, and

(b) under which the licensee continues, in accordance with the Registered Clubs Act 1976 , Schedule 2, clause 94, to operate without restrictions in relation to the registered club's on-premises trading hours.

"urban use land" means land zoned or otherwise designated for use for urban purposes under an environmental planning instrument.