Section 95 Liquor Act 2007 | Displaying Name of Licensed Premises


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The Legislation

Section 95 of the Liquor Act 2007 (NSW) is concerned with Displaying Name of Licensed Premises and is set out below.

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95 Name of licensed premises

(1) A licensee must cause to appear and be maintained on the front of the licensed premises, in accordance with the regulations, a sign that specifies:
(a) a name for the licensed premises (not being a name that is a prohibited name for the licensed premises under this section), and
(b) the type of licence for the premises, and
(c) any other particulars prescribed by the regulations.
Maximum penalty: 5 penalty units.

(2) A licensee must not alter the name referred to in subsection (1) (a) unless the Authority has, on payment of such fee as may be prescribed by the regulations:
(a) approved in writing of the proposed new name, and
(b) endorsed the change of name on the licence.
Maximum penalty: 5 penalty units.

(3) The Authority may not approve an alteration of the name of licensed premises if the name as proposed to be altered is a prohibited name for the licensed premises under this section.

(4) A licensee must not cause or permit the use on any sign displayed on the exterior of the licensed premises or in any advertising with respect to the licensed premises of a name that is a prohibited name for the licensed premises under this section. Maximum penalty: 5 penalty units.

(5) A name is a prohibited name for licensed premises under this section if:
(a) it is a name or a name of a kind, or contains words or words of a kind, prescribed by the regulations as prohibited, either in relation to all licensed premises or in relation to the particular class of licensed premises of which the licensed premises form part, or
(b) it is a name that the Authority has notified the licensee in writing is prohibited as being objectionable, inappropriate or misleading.

(6) A regulation for the purposes of subsection (5) may be made so as to apply to licensed premises generally or so as to apply only to a specified class or specified classes of licensed premises.

(7) A name may not be prohibited in respect of licensed premises by notification under this section if the regulations provide that the name is permitted for use in relation to the licensed premises concerned or in relation to the particular class of licensed premises concerned.

(8) It is a defence to a prosecution for an offence under this section if it is proved that:
(a) the licensee had taken all reasonable precautions to avoid commission of the alleged offence, and
(b) at the time of the alleged offence, the licensee did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.

(9) This section does not apply in relation to a limited licence or an on-premises licence that relates to a catering service.