Section 104 Liquor Act 2007 | Persons in Bar Areas Outside Trading Hours


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The Legislation

Section 104 of the Liquor Act 2007 (NSW) is concerned with Persons in Bar Areas Outside Trading Hours and is set out below.

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104 Person in bar area or certain other areas of hotel outside trading hours

(1) A person must not be in a bar area of a hotel, or any other part of the hotel in which liquor is sold or supplied to the public, at a time that is:
(a) later than 30 minutes after the commencement of any period on that day when the bar area, or other part of the hotel, is not authorised to be open for the sale of liquor, and
(b) earlier than the end of that period.
Maximum penalty: 5 penalty units.

(2) A person does not commit an offence under subsection (1) if the person was at the relevant time:
(a) an employee of the hotelier or a resident of the hotel, or
(b) present in the bar area or other part of the hotel for a lawful purpose.

(3) A police officer:
(a) may require a person who is in a bar area or other part of a hotel in contravention of subsection (1) to state the person’s name and address, and
(b) if the officer has reasonable cause to suspect that the name or address given is false–the officer may require the person to produce evidence of its correctness.

(4) If a person refuses or fails to comply with a requirement under subsection (3), the police officer may apprehend the person and, as soon as practicable, bring the person before an authorised officer to be dealt with according to law.

(5) If a person is in a bar area of a hotel or other part of a hotel in contravention of subsection (1), the hotelier is guilty of an offence unless:
(a) the person was in the area or part for a lawful purpose, or
(b) the hotelier took all reasonable care to prevent the person entering, or remaining in, the area or part for an unlawful purpose, or
(c) the hotelier took all reasonable care to ascertain, and believed, that the purpose for which the person had entered, and remained in, the hotel was a lawful purpose, or
(d) the person was, at the relevant time, an employee of the licensee or a resident of the hotel.
Maximum penalty: 20 penalty units.