Section 38 Liquor Act 2007 | Other Conditions for Limited Liquor Licences


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The Legislation

Section 38 of the Liquor Act 2007 (NSW) is concerned with Other Conditions for Limited Liquor Licences and is set out below.

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38 Limited licence–miscellaneous conditions

(1) How and when liquor may be sold or supplied Liquor may only be sold or supplied on the licensed premises to which a limited licence relates:
(a) by way of opened cans, opened bottles or other opened containers (except in the case of a trade fair in respect of which consumption away from the licensed premises is authorised), and
(b) at such times as are specified by the Authority in the licence (except in the case of club social functions held by a surf life saving club). Subsection (4) deals with the trading hours for club social functions held by surf life saving clubs.

(2) The trading hours for licensed premises to which a limited licence relates cannot include the time between 3 am and 6 am.

(3) Supervision requirements Liquor may only be sold or supplied on the licensed premises to which a limited licence relates if:
(a) the licensee is present on those premises at all times when liquor is being provided under the licence (except when a person referred to in paragraph (b) is present in the circumstances referred to in that paragraph), or
(b) a person nominated by the licensee as the person in charge of the sale and supply of liquor at the function or event is present on the premises at any time when the licensee cannot be present on those premises.

(4) Surf life saving clubs–club social functions In the case of a limited licence held on behalf of a surf life saving club, liquor may only be sold or supplied at a club social function in accordance with the following requirements:
(a) the function must be held on the club’s premises (and if the club has several premises, only on its principal premises) and the only participants must be members of the club and their guests,
(b) the licensee must ensure that a register, in which such details as the Authority may require concerning any such function are recorded, is kept on the premises,
(c) the function must have been approved by resolution recorded in the records of the governing body of the club,
(d) food of a nature and quantity consistent with the responsible sale, supply and service of alcohol must be made available whenever liquor is made available at the function,
(e) liquor must not be made available at the function at any time before 12 noon or after 10 pm on the day on which the function is held,
(f) liquor must not be made available at the function for a period of more than 4 hours,
(g) the licensee must ensure that adequate adult supervision is maintained at any time when persons under the age of 18 years are on the premises while the function is being held,
(h) police officers and inspectors are to be permitted full and free access to the premises where the function is held, and to the register referred to in paragraph (b), at all times while the function is being held.

(5) This section does not apply in relation to a limited licence granted under section 39 in respect of a special event.