Section 49 Liquor Act 2007 | Extended Trading Authorisation


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The Legislation

Section 49 of the Liquor Act 2007 (NSW) is concerned with Extended Trading Authorisation and is set out below.

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49 Extended trading authorisation

(1) Application of section This section applies in relation to the following types of licences (referred to in this section as “a relevant licence”):
(a) a hotel licence,
(b) a club licence,
(c) an on-premises licence (other than an on-premises licence that relates to a vessel),
(d) a packaged liquor licence,
(e) a producer/wholesaler licence.

(2) Extended trading authorisation for consumption on premises In the case of a relevant licence (other than a packaged liquor licence) that authorises the sale or supply of liquor for consumption on the licensed premises, the Authority may, on application by the licensee, authorise the licensee to sell or supply liquor, for consumption on the licensed premises only, during any of the following periods:
(a) in the case of a hotel licence–a specified period between midnight (other than midnight on a Sunday) and 5 am on any day of the week (other than a Monday),
(b) in the case of a relevant licence other than a hotel licence–a specified period between midnight and 5 am on any day of the week,
(c) in any case–a specified period between 5 am and 10 am on a Sunday,
(d) in any case–a specified period between 10 pm and midnight on a Sunday.

(2A) Without limiting subsection (2), the Authority may, in the case of an on-premises licence, authorise the licensee, on application by the licensee, to sell or supply liquor for consumption on the licensed premises during any of the following periods:
(a) a specified period between 5 am and noon on a restricted trading day,
(b) a specified period between 10 pm and midnight on a restricted trading day.
The sale of liquor at these times is subject to the requirement that a meal is also served–see section 25 (3).

(3) Despite subsection (2) (a), the Authority may, in the case of a hotel:
(a) situated in the area constituting the City of Sydney (as at 1 July 1994), or
(b) situated in the Kings Cross precinct, or
(b1) situated in the area including and bounded by the parts of streets specified in Schedule 3 (Oxford Street-Darlinghurst precinct) or that fronts or backs onto, or abuts, any such specified part, or (c) situated in the Kosciuszko National Park,
authorise the licensee, on application by the licensee, to sell or supply liquor, for consumption on the licensed premises only, during a specified period between midnight on a Sunday and 5 am on a Monday.

(4) Extended trading authorisation for take-away sales on Sundays In the case of a relevant licence (including a packaged liquor licence) that authorises the sale or supply of liquor for consumption away from the licensed premises, the Authority may, on application by the licensee, authorise the licensee to sell or supply liquor, for consumption away from the licensed premises only, during either or both of the following:
(a) a specified period between 5 am and 10 am on a Sunday,
(b) a specified period between 10 pm and midnight on a Sunday.

(5) Nature of extended trading authorisation An extended trading authorisation operates to authorise the sale or supply of liquor on the licensed premises:
(a) on a regular basis (until such time as the authorisation is varied or revoked by the Authority), or
(b) if the authorisation so provides–on a special occasion that takes place on a specified date.

(5A) Despite subsection (2) (a), the Authority may, in the case of a hotel licence, authorise the licensee, on application by the licensee, to sell or supply liquor for consumption on the licensed premises during a specified period between midnight on a Sunday and 5 am on a Monday, but only on or in connection with a special occasion that takes place on a specified date.

(6) Extended trading period to be specified In granting an extended trading authorisation, the Authority is to specify:
(a) the extended trading hours during which the licensee is authorised to sell or supply liquor, and
(b) the part or parts of the licensed premises to which the authorisation applies.

(7) Extended trading not permitted on or in relation to restricted trading days–hotels and licensed public entertainment venues Despite any other provision of this section, an extended trading authorisation cannot, in the case of a hotel licence or an on-premises licence that relates to a public entertainment venue (other than a cinema or a theatre), be granted to authorise the sale or supply of liquor for consumption on the licensed premises during any of the following periods:
(a) between 5 am and noon on a restricted trading day,
(b) between 10 pm and midnight on a restricted trading day,
(c) between midnight and 5 am on any day immediately following a restricted trading day.

(8) Restrictions on granting extended trading authorisation The Authority must not grant an extended trading authorisation in respect of licensed premises unless the Authority is satisfied that:
(a) practices are in place, and will remain in place, at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(b) the extended trading period will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.

(9) For the purposes of this section, a “special occasion” means the occasion of a unique or infrequent event of local, State or national significance that persons independent of the licensee (and of the owner or occupier of the premises) desire to celebrate or mark on the licensed premises concerned.