Section 48 Liquor Act 2007 | Community Impact of Licences


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The Legislation

Section 48 of the Liquor Act 2007 (NSW) is concerned with Community Impact of Licences and is set out below.

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48 Community impact

(1) The object of this section is to facilitate the consideration by the Authority of the impact that the granting of certain licences, authorisations or approvals will have on the local community, in particular by providing a process in which the Authority is made aware of:
(a) the views of the local community, and
(b) the results of any discussions between the applicant and the local community about the issues and concerns that the local community may have in relation to the application.

(2) In this section:”relevant application” means any of the following:
(a) an application for a hotel licence, club licence or packaged liquor licence,
(b) an application under section 59 for approval to remove a hotel licence, club licence or packaged liquor licence to other premises,
(c) an application for an extended trading authorisation in relation to a hotel licence, club licence or packaged liquor licence,
(d) an application for an extended trading authorisation in relation to an on-premises licence (but only if the authorisation will result in trading at any time between midnight and 5 am),
(e) an application for an extended trading authorisation in relation to a producer/wholesaler licence (but only if the authorisation will result in retail trading at any time between midnight and 5 am),
(f) any particular application (or class of application) that is required by the Authority to be accompanied by a community impact statement,
(g) any other application of a kind prescribed by the regulations or made in such circumstances as may be prescribed by the regulations,
but does not include any application for an extended trading authorisation in relation to a special occasion (as referred to in section 49 (5) (b) or (5A)).

(3) A relevant application must be accompanied by a community impact statement.

(4) The community impact statement must:
(a) be prepared in accordance with the regulations and any requirements of the Authority, and
(b) be in the form approved by the Authority.

(5) The Authority must not grant a licence, authorisation or approval to which a relevant application relates unless the Authority is satisfied, after having regard to:
(a) the community impact statement provided with the application, and
(b) any other matter the Authority is made aware of during the application process (such as by way of reports or submissions),
that the overall social impact of the licence, authorisation or approval being granted will not be detrimental to the well-being of the local or broader community.

(6) The regulations may make provision for or with respect to the following:
(a) the requirements that must be satisfied in relation to the preparation of a community impact statement (including consultation requirements),
(b) the matters to be addressed by a community impact statement,
(c) the information to be provided in a community impact statement,
(d) the criteria for determining the local and broader community for the purposes of a relevant application,
(e) any other matter relating to the preparation and content of a community impact statement.

(7) Without limiting subsection (6), the regulations may provide that the matters to be addressed by a community impact statement are, in the case of an application for an extended trading authorisation in relation to a hotel licence, to include matters relating to gambling activities on the licensed premises during the period that the authorisation is proposed to be in force.