Section 11A Liquor Act 2007 | 6 Hour Closure Periods


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The Legislation

Section 11A of the Liquor Act 2007 (NSW) is concerned with 6 Hour Closure Periods and is set out below.

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11A Special licence condition–6-hour closure period for licensed premises

(1) This section applies in relation to:
(a) any licence granted on or after 30 October 2008, and
(b) any licence in force before that date, but only if an extended trading authorisation granted on or after that date is in force in relation to the licensed premises concerned.

(2) A licence to which this section applies is subject to the condition that liquor must not be sold by retail on the licensed premises for a continuous period of 6 hours (as determined in accordance with this section) during each consecutive period of 24 hours (“the 6-hour closure period”).

(3) Except as provided by subsection (4), the 6-hour closure period for any particular licensed premises is the period that is approved for the time being by the Authority.

(4) In the case of a licence:
(a) granted on or after 30 October 2008 but before the date on which this section (as inserted by the Liquor Legislation Amendment Act 2008) commenced, or
(b) granted by the Local Court (as provided by clause 25 of Schedule 1) at any time after the date on which this section commenced,
the 6-hour closure period for the licensed premises is, subject to subsection (5), the period from 4 am to 10 am.

(5) The Authority may at any time, on application by the licensee or by the Director-General or the Commissioner of Police, or on its own initiative, approve of licensed premises having a different 6-hour closure period than:
(a) the period as last approved by the Authority, or
(b) the period specified in subsection (4). v

(6) Any such application by the licensee must be accompanied by the fee prescribed by the regulations.

(7) To avoid doubt, during the 6-hour closure period for any licensed premises:
(a) the licensed premises are not authorised to stay open for the retail sale of liquor on the premises, and
(b) the licensee is not authorised to sell liquor by retail for consumption away from the licensed premises.

(8) This section has effect despite any other provision of this Act (in particular, those provisions relating to the standard trading period for licensed premises).

(9) This section does not, however, apply to the sale or supply of liquor to a resident of licensed premises if the liquor is sold or supplied for consumption in the room in which the resident is residing or staying.

(10) The regulations may also create exceptions to this section.