Section 47AA of the Liquor Act 2007 (NSW) is concerned with Exclusion of Small Venues from Freeze and is set out below.
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47AA Exclusion of small venues
(1) This Division does not apply to or in respect of subject premises:
(a) that comprise a small venue, and
(b) that would, as a result of any application under this Act or an application for development consent as referred to in section 47I, continue to comprise a small venue.
(2) For the purposes of this section, premises comprise a “small venue” if:
(a) not more than 60 patrons may be lawfully on the premises at any one time under the licence conditions for the premises or any relevant consent for the premises under the Environmental Planning and Assessment Act 1979, and
(b) there are no gaming machines or other facilities for gambling or betting on the premises, and
(c) the sale or supply of liquor for consumption away from the premises is not authorised by the licence for the premises, and
(d) the premises do not operate as a public entertainment venue, and
(e) the premises meet any other criteria prescribed by the regulations.
(3) The regulations may prescribe criteria for premises to be regarded as a small venue for the purposes of this section, including criteria relating to the location of the premises, to the trading hours of the premises or to any connection with or relationship to other premises in the area.
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