Section 47D Liquor Act 2007 | Varying or Revoking Licences During Freeze


Print
The Legislation

Section 47D of the Liquor Act 2007 (NSW) is concerned with Varying or Revoking Licences During Freeze and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers today on (02) 9261 8881.

47D Restrictions on varying or revoking licence conditions

(1) During the freeze period, the conditions to which a licence is subject, being a licence to which this section applies that is held in respect of subject premises, must not be varied or revoked if any such variation or revocation would result in an increase in the trading hours of the subject premises. This subsection does not, however, prevent the granting of an extended trading authorisation as referred to in section 47C (c).

(2) Without limiting the operation of subsection (1), the Authority must not, during the freeze period, take action under any other provision of this Act to vary or revoke the conditions to which a licence is subject, being a licence to which this section applies that is held in respect of subject premises, if the Authority is satisfied that the variation or revocation of the condition is likely to result in:
(a) an increase in the number of persons who enter the freeze precinct in which the premises are situated principally to consume alcohol, or
(b) an increase in the patron capacity of the premises.

(3) This section applies to the following types of licences:
(a) hotel licence,
(b) club licence,
(c) on-premises licence that relates to a public entertainment venue (including a cinema or a theatre),
(d) on-premises licence that relates to a restaurant,
(e) packaged liquor licence,
(f) producer/wholesaler licence.