Section 54 Liquor Act 2007 | Power of Director General


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The Legislation

Section 54 of the Liquor Act 2007 (NSW) is concerned with Power of Director General and is set out below.

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54 Director-General may impose, vary or revoke licence conditions

(1) Without limiting the power of the Director-General to impose conditions on a licence under any other provision of this Act, the Director-General may impose conditions on a licence for such reasons, or in such circumstances, as the Director-General considers necessary or appropriate.

(1A) The conditions that may be imposed by the Director-General on a licence include, but are not limited to, conditions:
(a) prohibiting the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both), and
(b) restricting the trading hours of, and public access to, the licensed premises.

(2) The Director-General may, on application by the licensee or the Commissioner of Police or on the Director-General’s own initiative:
(a) vary or revoke a licence condition that has been imposed by the Director-General under this section or any other provision of this Act, or
(b) vary or revoke a licence condition:
(i) relating to the trading hours of any licensed premises, or
(ii) relating to licensed premises situated wholly or partly in the precinct to which a precinct liquor accord applies or in an area to which a community event liquor accord applies,
that has been imposed (or taken to have been imposed) by the Authority.

(3) The Director-General must not impose a condition on a licence under this section, or vary or revoke a condition otherwise than on the application of the licensee, unless the Director-General has:
(a) given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and
(b) taken any such submissions into consideration before making the decision.

(4) The power of the Director-General to impose conditions on a licence under this section, or to vary or revoke a condition, may also be exercised in relation to any authorisation to which section 51 applies that is held in relation to the licence concerned.

(5) Except in the case of a condition imposed under subsection (1A) or in the case of the variation or revocation of a condition referred to in subsection (2) (b), this section does not authorise the Director-General:
(a) to impose a condition that is inconsistent with a condition that has been imposed by the Authority or is imposed by this Act or the regulations, or
(b) to vary or revoke a condition of a licence that has been imposed by the Authority or is imposed by this Act or the regulations.