Schedule 1 Section 15 Liquor Act 2007 | Existing Australian Wine Licences


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The Legislation

Schedule 1 Section 15  of the Liquor Act 2007 (NSW) is concerned with Existing Australian Wine Licences and is set out below.

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15 Existing Australian wine licence

(1) This clause applies to a licence (referred to as “an existing Australian wine licence”) to which Schedule 4 (Special provisions relating to Australian wine licences) to the Liquor (Repeals and Savings) Act 1982 (“the relevant Act”) applied immediately before the repeal of the relevant Act by this Act.

(2) The corresponding licence for an existing Australian wine licence referred to in clause 1 (2) (a) of Schedule 4 to the relevant Act is a packaged liquor licence.

(3) The following provisions apply in relation to an existing Australian wine licence that is converted to a packaged liquor licence under subclause (2):
(a) the standard trading period applies to the licensed premises,
(b) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises,
(c) only wine may be sold or supplied on the licensed premises,
(d) the licence cannot be removed to other premises unless the other premises are situated within the same area (as determined in accordance with the regulations) as the licensed premises.

(4) The corresponding licence for an existing Australian wine licence referred to in clause 1 (2) (b) of Schedule 4 to the relevant Act is:
(a) an on-premises licence that relates to a wine bar, or
(b) if the Authority, within the period of 12 months following the commencement of this clause, determines another type of licence in relation to the existing licence–that type of licence.

(5) The following provisions apply in relation to an existing Australian wine licence that is converted to an on-premises licence (or other type of licence) under subclause (4):
(a) the trading hours authorised under the former Act for the licensed premises continue to apply until such time as they are varied under this Act,
(b) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises,
(c) liquor may be sold or supplied for consumption on the licensed premises only,
(d) the licence cannot be removed to other premises unless the other premises are situated within the same area (as determined in accordance with the regulations) as the licensed premises.

(6) The corresponding licence for an existing Australian wine licence referred to in clause 1 (2) (c) of Schedule 4 to the relevant Act is:
(a) an on-premises licence that relates to a wine bar, or
(b) if the Authority, within the period of 12 months following the commencement of this clause, determines another type of licence in relation to the existing licence–that type of licence.

(7) The following provisions apply in relation to an existing Australian wine licence that is converted to an on-premises licence (or other type of licence) under subclause (6):
(a) the trading hours authorised under the former Act for the licensed premises continue to apply until such time as they are varied under this Act,
(b) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises,
(c) liquor may be sold or supplied on the licensed premises for consumption on or away from the premises (however, only wine may be sold or supplied for consumption away from the premises),
(d) the licence cannot be removed to other premises unless the other premises are situated within the same area (as determined in accordance with the regulations) as the licensed premises.

(8) The conditions and restrictions imposed by this clause on a licence cannot be varied on application by the licensee.