Section 105 Liquor Act 2007 | Carrying Away Alcohol After Trading Hours


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The Legislation

Section 105 of the Liquor Act 2007 (NSW) is concerned with Carrying Away Alcohol After Trading and is set out below.

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105 Carrying liquor away from licensed premises outside trading hours

(1) If liquor is authorised to be sold or supplied on licensed premises for consumption away from the premises, a person must not carry liquor away from the premises at a time when the licensee is not authorised to sell or supply liquor for consumption away from the premises. Maximum penalty: 5 penalty units.

(2) A person does not commit an offence under subsection (1) if:
(a) the person:
(i) has purchased the liquor from licensed premises at a time when the liquor was authorised to be sold for consumption away from the licensed premises, and
(ii) is carrying the liquor away from the licensed premises not later than 30 minutes after the licensee last ceased to be authorised to sell or supply liquor for consumption away from the premises, or
(b) the person is:
(i) a licensee or an employee of a licensee, or
(ii) a resident of any licensed premises on which liquor may be sold or supplied for consumption away from the premises, and is carrying away from the licensed premises liquor that is reasonably required for consumption by the licensee, employee or resident on the day on which it is carried away.

(3) This section does not apply in relation to a minor. Section 118 (1) (d) makes it an offence for a minor to carry liquor away from licensed premises.