There are a variety of liquor licences issued under the Liquor Act 1912 in this state, some of which are familiar, but some are less well known:
Hotelier's licence - This allows for the sale of liquor to be consumed either on or off the licensed premises. Takeaway liquor can be sold either at the bar or in a separate bottle shop within the licensed premises.
Off- licences - These enable the sale of liquor on the premises for consumption off the premises. Off licences include:
(a) Off-Licence (Retail) - This is a bottle shop licence and liquor must be sold in sealed containers although free of charge tastings are permitted on the premises.
(b) Off-Licence (Vigneron) - This vineyard licence allows the production of wine for sale at the vineyard to liquor retailers and for consumption off the licensed premises. The supply of wine to customers for consumption at the vineyard free of charge is allowed.
(c) Off-Licence (Wholesale) - This allows the sale of liquor to another person authorised to sell liquor such as a hotelier or bottle shop owner, for consumption off the licensed premises only.
(d) Off-Licence (Brewer) - This allows for the production of beer for sale to wholesalers and retailers of liquor, for consumption off the licensed premises.
(e) Off-Licence (Auction) - This allows the licensee to auction liquor on behalf of a person who is not authorised to sell liquor on those premises for consumption off the licensed premises.
On-Licences - These authorise the sale of liquor on the licensed premises for consumption on the premises. Takeaway sales are prohibited. These include:
(a) On-Licence (Restaurant) - The licensee may sell liquor to be consumed with a meal.
(b) On-Licence (Airport) - This allows the sale of liquor at an airport for consumption on the licensed premises only.
(c) On-Licence (Theatre) - This allows the sale of liquor to people attending entertainment at the theatre, for consumption on the licensed premises only.
(d) Caterer's Licence - This enables the sale and supply of liquor at a function held at any premises at which the licensee provides catering services. The liquor must be consumed with food.
(e) On-Licence (Vessel) - Generally the liquor can only be supplied after the vessel has left its berth.
(f) On-Licence (Public Hall) - The sale and supply must be at a dinner, reception, convention, seminar or similar.
(g) On-Licence 18 (4) (g) - This type of licence will be considered by the Liquor Administration Board if the applicant proves no other liquor licence is suitable. The Board must certify that the premises are suitable for a liquor licence.
(h) Nightclub Licence - A feature of this type of licence is that before 8 pm the liquor must be supplied with a meal consumed at a table. After 8pm the liquor can be supplied in connection with the provision of entertainment(a light meal must still be available) or a meal consumed at a table.
All of these licences are governed by the Liquor Act 1912. As a matter of history up until 1976 registered clubs were subject to this Act. Since that time registered clubs are able to sell liquor and conduct gaming because they have a certificate of registration under the Registered Clubs Act.
This Information Outline is provided courtesy of Matthews Folbigg who are experienced in this area of law. They are located at Level 7 The Barrington, 10-14 Smith Street, Parramatta NSW 2124 or call them on (02) 9635-7966 if you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.
MatthewsFolbigg is a large commercial law firm based in Parramatta, New South Wales. The firm has Accredited Specialists in Business Law, Property,Immigration, Family Law and Personal Injury. MatthewsFolbigg has specialist groups advising clients in corporate structures, intellectual property, and information technology plus franchising, estate planning and insolvency work.