Section 36 Liquor Act 2007 | Authorisations by Limited Liquor Licences


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The Legislation

Section 36 of the Liquor Act 2007 (NSW) is concerned with Authorisations by Limited Liquor Licences and is set out below.

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36 Authorisation conferred by limited licence

(1) General scope of limited licence A limited licence authorises the licensee to sell or supply liquor on the licensed premises:
(a) in the case of a licence granted on behalf of a non-proprietary association:
(i) for consumption on the licensed premises only, and
(ii) only as part of, or in connection with, a function held in accordance with this Division, and
(b) in the case of a licence granted in respect of a function that is a trade fair–for consumption on or away from the licensed premises.

(2) Sale or supply of liquor must be ancillary to purpose of function The authorisation conferred by a limited licence does not apply unless the sale or supply of liquor at any function held under the licence is ancillary to the purpose for which the function is held.

(3) Functions required to be approved by Authority Except in the case of functions referred to in subsection (5) or (6), liquor may only be sold or supplied under a limited licence at a function that has been approved by the Authority. If any such approved function is postponed, the approval by the Authority extends to the day to which the function is postponed.

(4) Maximum number of approved functions per year The number of functions that may be approved in relation to a limited licence is not to exceed 52 per year (or such other number as the Authority considers appropriate in any particular case). This subsection does not apply in relation to a function referred to in subsection (5) or (6).

(5) Social functions held on premises of surf life saving clubs In the case of a limited licence held on behalf of a surf life saving club, the licence also authorises the sale or supply of liquor at any gathering (referred to in this Division as a “club social function”) of the members of the club and their guests that:
(a) has been organised by the club, and
(b) is held on any Saturday, Sunday or public holiday (other than a restricted trading day) in connection with, or following, an activity associated with the conduct or administration of surf life saving,
but only if notice has, at least 14 days before the day of the club social function, been given to the Commissioner of Police, the Authority and the local council in whose area the function is to be held.

(6) Special functions held on race days In the case of a limited licence held on behalf of a racing club, the licence also authorises liquor to be sold or supplied at functions held on any day on which:
(a) the racing club holds race meetings or operates a betting auditorium authorised under section 24 of the Racing Administration Act 1998, or
(b) betting authorised by section 8 (6) (f) of the Unlawful Gambling Act 1998 takes place at premises occupied by the racing club.

(7) This section does not apply in relation to a limited licence granted under section 39 in respect of a special event.