The NSW liquor laws provide a broad and flexible framework to enable a liquor licence to be issued for a range of business and community activities.
If you wish to apply for a liquor licence in NSW, you must lodge an application with the Casino, Liquor and Gaming Control Authority (CLGCA) or the Authority.
The current liquor laws were introduced on 1 July 2008 - the Liquor Act 2007 and the Liquor Regulation 2008 signalled a comprehensive reform, rewriting laws that had been in place for 25 years.
The laws allow for a variety of hospitality, dining and entertainment choices. The three key objectives of the current laws are to:
regulate and control the sale, supply and consumption of alcohol in a way that is consistent with the expectations, needs and aspirations of the community
facilitate the balanced development, in the public interest, of the liquor industry through a flexible and practical system of regulation with minimal formality and technicality
contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries.
There are 6 liquor licence categories.
Hotel licence
Club licence
Packaged liquor licence
On-premises licence
Producer/wholesaler licence
Limited licence
Small bars and alcohol sales in restaurants
Bars that do not provide gaming or sell takeaway alcohol are be able to obtain a special type of hotel licence – known as a general bar hotel licence. Where the primary product or service is the provision of entertainment to patrons, venues can apply for an on-premises licence.
Restaurants are able to seek approval to allow alcohol sales without a meal, with conditions determined by the Casino, Liquor and Gaming Control Authority (CLGCA).
The primary purpose of a restaurant cannot be the sale and supply of alcohol; the law does not permit restaurants to trade as bars.
When opening a small bar you must first determine whether development consent is required for the proposed premises. It is recommended that you check with your local council.
Hotel licence
Hotel licences apply to premises where the primary purpose is the sale and supply of alcohol. This includes a variety of hotel venues (including accommodation hotels), as well as small and large bars.
Hotel licensees can have takeaway alcohol sales if their licence conditions allow
Bars that do not provide gaming or sell takeaway alcohol can apply for a special type of hotel licence known as a general bar hotel licence
New hotels are subject to a community impact statement to ensure local stakeholders can have their say in the liquor licensing process
Standard hotel trading hours are 5am to midnight Monday to Saturday, and 10am to 10pm on Sunday
Trading restrictions apply between midnight Sunday and 5am Monday, and on Good Friday and Christmas Day.
Applications for extended trading hours are subject to a Community Impact Statement.
Club licence
Club licences apply to registered clubs.
Clubs liquor licensing provisions are contained in the Liquor Act 2007. A club with a club liquor licence is referred to as a 'registered club' in the law. The Registered Clubs Act 1976 focuses on club management and governance issues
Most clubs that existed as at 30 June 2008 have unrestricted trading hours
Newly licensed registered clubs are subject to a community impact statement to ensure local stakeholders can have their say in the liquor licensing process
Newly licensed registered clubs are subject to the standard trading period – i.e. 5am to midnight Monday to Saturday, and 10am to 10pm on Sunday. Applications for extended trading hours are subject to a community impact statement.
Packaged liquor licence
Packaged liquor licences will apply to liquor stores selling takeaway alcohol only.
New packaged liquor licences are subject to a community impact statement to ensure local stakeholders can have their say in the liquor licensing process
Standard liquor store trading hours are 5am to midnight Monday to Saturday, and 10am to 10pm on Sunday. Applications for extended trading hours on a Sunday are subject to a Community Impact Statement
Takeaway sales are not permitted on Good Friday and Christmas Day. Packaged liquor licences cannot trade between midnight and 5am on any day.
On-premises licence
On-premises licences apply to a variety of purposes including accommodation venues, restaurants, catering services, vessels, tourism businesses, tertiary institutions, and public entertainment venues.
On-premises licences are very flexible.
Sale of alcohol is permitted for consumption primarily on the premises, and for consumption off the premises if specifically allowed. Individual licence conditions imposed by the Casino, Liquor and Gaming Control Authority will determine the type of business and alcohol sale, supply and consumption arrangements
The type of business for an on-premises licence is specified when the licence is granted
An on-premises licence will not be issued where the sale, supply or consumption of liquor is the primary business or activity carried out on the premises. Exceptions apply for tertiary institutions and airports
A community impact statement applies to on-premises licences that relate to a public entertainment venue (not a cinema or theatre). See the community impact statement process for more details
Most on-premises licences are subject to the standard trading period – i.e. 5am to midnight Monday to Saturday, and 10am to 10pm on Sunday. Applications for extended trading hours are permitted
The sale of liquor under an on-premises licence must be with or ancillary to another product or service. Exceptions can be approved by the Casino, Liquor and Gaming Authority – such as to allow alcohol sales without meals in restaurants. This exception is known as a primary service authorisation
An on-premises licence can be used to operate a live music and public entertainment venue – where alcohol is provided to patrons with entertainment.
Producer/wholesaler licence
Producer/wholesaler licences apply to wine producers, brewers, distillers, and wholesalers. The licence allows wholesalers to sell to other liquor licensees.
For wine producers, the licence also allows tastings (with a charge if desired), cellar door sales, direct sales to the public at wine shows and farmers' (producer) markets, and the operation of multiple premises in an area. Consumption on the premises as part of a restaurant/motel/vineyard event/ and so on is permitted where a drink on-premises authorisation has been approved
For small-scale regional brewers and distillers, the licence also allows tastings and retail sales in bottles at the licensed premises.
Limited licence
Limited licences will allow alcohol sales for consumption on the licensed premises at a function or multiple functions a special event and a trade fair.
Limited licences apply to sporting club and community functions. In these cases, they are limited to non-profit organisations
Limited licences also apply to significant regional and State events held by non-profit and for-profit organisations
In the case of trade fairs (such as wine or food shows), a limited licence can also allow takeaway sales.
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