Section 92 Liquor Act 2007 | Control of Business on Licensed Premises


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The Legislation

Section 92 of the Liquor Act 2007 (NSW) is concerned with Control of Business on Licensed Premises and is set out below.

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92 Control of business conducted on licensed premises

(1) A licensee or a related corporation of the licensee must not:
(a) if the licensee is an individual–allow any person to have the personal supervision and management of the conduct of the business under the licence for a longer continuous period than 6 weeks except with the approval of the Authority, or
(b) lease or sublease the right to sell liquor on the licensed premises, or
(c) lease or sublease any part of the licensed premises on which liquor is ordinarily sold or supplied for consumption on the premises or on which approved gaming machines are ordinarily kept, used or operated, or
(d) lease or sublease any other part of the licensed premises except with the approval of the Authority.
Maximum penalty: 50 penalty units.

(2) The owner of licensed premises must not:
(a) lease or sublease any part of the premises on which liquor is ordinarily sold or supplied for consumption on the premises, or on which an approved gaming machine is ordinarily kept, used or operated, to any person other than the licensee or a related corporation of the licensee, or
(b) except with the approval of the Authority, lease or sublease any other part of the licensed premises to any person other than the licensee or a related corporation of the licensee. Maximum penalty: 50 penalty units.

(3) This section does not prevent a person who:
(a) is the licensee of any premises that are situated in a shopping centre, and
(b) is the owner of each of the premises comprising the shopping centre, from leasing or subleasing, with the approval of the Authority, any part of the licensed premises on which liquor is sold or supplied for consumption on the premises.

(4) The person to whom any such part of the licensed premises is leased or subleased in accordance with subsection (3) is, for the purposes of this Act, taken to be an agent of the licensee.