Schedule 1 Section 5 Liquor Act 2007 | Existing Nightclub Licences

The Legislation

Schedule 1 Section 5 of the Liquor Act 2007 (NSW) is concerned with Existing Nightclub Licences and is set out below.

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5 Existing nightclub licence

(1) The corresponding licence for an existing nightclub licence is:
(a) in the case where the licensed premises were only allowed to trade after 8 pm under the former Act–an on-premises licence that relates to a public entertainment venue, or
(b) in any other case–an on-premises licence that relates to a public entertainment venue and a restaurant.

(2) If, in either case, the licensed premises concerned included a motel under the former Act, the corresponding licence for the existing nightclub licence is also an on-premises licence that relates to accommodation premises.

(3) The following provisions apply in relation to an existing nightclub licence:
(a) the standard trading period applies to the licensed premises to which the licence relates,
(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) if the existing licence was endorsed with a dine-or-drink authority under the former Act (being an authority in force immediately before the commencement of this clause), the licence is taken to be endorsed with an authorisation under section 24 (3) of this Act allowing liquor to be sold or supplied, in accordance with any conditions of that authorisation, on the licensed premises otherwise than with, or ancillary to, another product or service,
(d) any minors functions authority under section 111A of the former Act applying in respect of the licensed premises continues to apply as a minors functions authorisation under this Act.