Section 25 Liquor Act 2007 | Authorisations by On Premises Licences


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The Legislation

Section 25 of the Liquor Act 2007 (NSW) is concerned with Authorisations by on Premises Licences and is set out below.

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25 Authorisation conferred by on-premises licence (generally)

(1) An on-premises licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on the premises only.

(2) Trading hours for consumption on premises The times when liquor may be sold for consumption on the licensed premises are during the standard trading period or at such other times as may be authorised by an extended trading authorisation.

(3) Restricted trading days Despite subsection (2), the times when liquor may be sold for consumption on the licensed premises on a restricted trading day are as follows:
(a) between midnight and 5 am on that day (but only if authorised by an extended trading authorisation),
(b) between 5 am and noon on that day (but only if authorised by an extended trading authorisation and only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises),
(c) between noon and 10 pm on that day (but only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises),
(d) between 10 pm and midnight on that day (but only if authorised by an extended trading authorisation and only if the liquor is sold with or ancillary to a meal served in a dining area on the licensed premises).

Section 49 (7) restricts the granting of an extended trading authorisation for licensed public entertainment venues on restricted trading days.

(4) Subsection (3) does not apply to:
(a) licensed premises that are part of an airport, or
(b) an on-premises licence that relates to a catering service.

(5) Trading on new year’s eve On 31 December in any year, liquor may be sold for consumption on the licensed premises from the start of the standard trading period for that day until 2 am on the next succeeding day. This subsection does not limit the operation of any extended trading authorisation that applies in relation to the licensed premises concerned.

(6) Trading on premises other than licensed premises An on-premises licence also authorises the licensee to sell liquor by retail on such premises and in such circumstances as the Authority may, on application by the licensee, authorise, but only for consumption on those premises and at such times as are specified by the Authority in the licence. Any such premises are, subject to the regulations, taken to be licensed premises for the purposes of this Act.

(7) The regulations may make provision for or with respect to the granting of an authorisation under subsection (6) (including limiting the circumstances for which such an authorisation may be granted by the Authority). Section 51 also applies to an authorisation under subsection (6).

(8) Special provisions relating to licensed accommodation premises An on-premises licence that relates to accommodation premises also authorises the licensee to sell liquor by retail on the licensed premises:
(a) for consumption on the licensed premises only–at any time on any day (including a restricted trading day) to a resident (or a guest of a resident while in the resident’s company) or an employee of the licensee, and
(b) to a resident at any time for consumption away from the licensed premises, but only if:
(i) the sale is ancillary to the provision of a meal for consumption away from the licensed premises, and
(ii) the volume of liquor supplied to any such resident on any one day does not exceed 2 litres.

(9) Special provisions relating to licensed vessels Despite any other provision of this section, an on-premises licence that relates to a vessel authorises the licensee to sell liquor by retail to passengers on board the vessel, for consumption on board the vessel only:
(a) between the period commencing one hour before the vessel starts any voyage or passage and ending 30 minutes after the voyage or passage is completed, or
(b) at such other times, or in such other circumstances, as the Authority may, on application by the licensee, authorise.
Section 51 applies to an authorisation referred to in paragraph (b).