Section 47F Liquor Act 2007 | Removing Licences During Freeze


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Section 47F of the Liquor Act 2007 (NSW) is concerned with Removing 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.

The Legislation

47F Restrictions on approving licence removals

(1) Removal of licence from premises situated outside of freeze precinct During the freeze period, the removal of any of the following types of licences must not be approved if the licence would be removed to subject premises from premises that are not situated in the freeze precinct in which the subject premises are situated:
(a) hotel licence,
(b) club licence,
(c) on-premises licence that relates to a public entertainment venue,
(d) packaged liquor licence,
(e) producer/wholesaler licence.

(2) During the freeze period, the Authority must not approve the removal of an on-premises licence (other than an on-premises licence that relates to a public entertainment venue) to subject premises from premises that are not situated in the freeze precinct in which the subject premises are situated if the Authority is satisfied that:
(a) the removal of the licence to the subject premises is likely to result in an increase in the number of persons who enter the freeze precinct in which the subject premises are situated principally to consume alcohol, or
(b) the patron capacity of the subject premises will be more than the patron capacity of the premises from which the licence would be removed.

(3) Removal of licence between premises in same freeze precinct During the freeze period, the Authority must not approve the removal of a licence, being a licence to which this subsection applies, to subject premises from other premises situated in the same freeze precinct in which the subject premises are situated if the Authority is satisfied that:
(a) the removal of the licence to the subject premises is likely to result in an increase in the number of people who enter the freeze precinct in which the subject premises are situated principally to consume alcohol, or
(b) the patron capacity of the subject premises will be more than the patron capacity of the premises from which the licence would be removed.

(4) Subsection (3) applies to the following types of licences:
(a) hotel licence,
(b) club licence,
(c) on-premises licence,
(d) packaged liquor licence,
(e) producer/wholesaler licence.

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