Compliance Framework
Compliance Driver
Liquor Act 2007 (NSW)
Classification
Level 3
Centrally managed, local area(s) requirement.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
Return to Top
Administrative Information
Administrative Body
Office of Liquor, Gaming & Racing
Administrative Name
Administrative Address
Physical Address
Level 6
323 Castlereagh St
Haymarket NSW
Australia, 1240
Administrative Phone
02 9995 0894
Administrative Email
info@olgr.nsw.gov.au
Administrative Website
https://www.liquorandgaming.nsw.gov.au
Return to Top
General Introduction
VC Compliance Delegate
David Schmude, Chief Executive Officer UNE Life
Compliance Coordinator
David Schmude, Chief Executive Officer UNE Life
Business Units Impacted
Overview
The objects of this Act are as follows:
(a) to regulate and control the sale, supply and consumption of liquor in a way that is consistent with the expectations, needs and aspirations of the community,
(b) to facilitate the balanced development, in the public interest, of the liquor industry, through a flexible and practical regulatory system with minimal formality and technicality,
(c) to contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries.
Each person who exercises functions under this Act (including a licensee) is required to have due regard to the following:
(a) the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour),
(b) the need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor,
(c) the need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life.
Return to Top
Compliance with Licence Conditions - On-Premises
Description
Under s10 (2) of the Act the conditions under which the licence authorises the licensee to sell or supply liquor are:
1. in accordance with the Act
2. in accordance with conditions specified in the licence
Under s25 of the Act an on-premises licence authorises the licensee to sell liquor by retail on the licensed premises for consumption on the premises only - this requirement is not applicable to an on-premise catering licence.
Impacts
The maximun penalty under the Act is 100 penalty points, or imprisonment for 12 months, or both.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Compliance Obligations
Return to Top
Compliance with legislation
Description
Under s9 the sale or supply of liquor must be in accordance with the licence and the Act.
Impacts
Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Corporate Licence - Contravention by Manager
Description
A manager of a licensed premises is the person appointed by the licensee to manage the premises.
Under s70 the licensee of licensed premises is taken to have contravened any provision of the Act or Regulations that the manager of the licensed premises has contravened, unless the licensee establishes that they did not authorise or knowingly permit the contravention by the manager, and they maintained control over and supervision of the activities of the manager of the premises in an effort to prevent any such contravention occurring.
Impacts
The manager is responsible for an act or omission by the licensee, and accordingly liable for, an offence as though that person were also the licensee.
Maximum penalties imposed are specified for the individual contraventions.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Corporate Licence - Manager Appointment
Description
A manager of a licensed premises is the person appointed by the licensee to manage the premises.
Under s66 corporate licensees must appoint a manager for the licensed premises and must not allow the conduct of business under the licence for a period of more than 28 days without an approved manager. In addition, under s69 the licensee must notify the Office of Liquor, Gaming and Racing of the appointment of a person to manager the premises.
Under s67 there are restrictions on who may be appointed as a manager. This includes:
- the appointment must be an individual.
- the individual cannot also be appointed as a manager to another licensed premises.
- the appointment must be approved by the Office of Liquor, Gaming and Racing (and the individual must supply the documentation required by that Authority).
Impacts
Maximum penalty of 50 penalty points for contravention of s66,and a maximum of 20 penalty points for a contravention of s69.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Corporate Licence - Manager Responsibilities and liabilities
Description
A manager of a licensed premises is the person appointed by the licensee to manage the premises.
Under s91the manager of the licensed premises is responsible at all times for the personal supervision and managment of the conduct of the business of the licensed premises.
Impacts
The manager is responsible for an act or omission by the licensee, and accordingly liable for, an offence as though that person were also the licensee.
Maximum penalties imposed are specified for the individual contraventions.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Corporate Licence - Manager liable act of employees
Description
A manager of a licensed premises is the person appointed by the licensee to manage the premises.
Under s149 if an employee or agent of the licensee or managed of the licensed premises, or a person purporting to act on behalf of a licensee or the manager of the licensed premises, sells or supplies liquor on the licensed premises in contravention of the Act or Regulations, then the manager of the licensed premises is guilty of an offence and liable to the punishment specified for the contravention.
Impacts
Maximum penalties imposed are specified for the individual contraventions.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Display of Name
Description
The name of the licenced premises must appear and be maintained on the front of the licenced premises and in accordance with section 95(1) of the Act and clause 29 of the Regulation.
Impacts
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Incident Register
Description
Under s56 of the Act and clause 27 of the Regulation if the sale or supply of liquor after midnight on licensed premises is authorised at least once a week on a regular basis, it is a condition of the licence that the licensee maintains an incident register in an approved form.
The following incidents that occur outside of the standard trading period for the licensed premises are to be recorded, along with actions taken in response to the incident:
(a) any incident involving violence or anti-social behaviour occurring on the licensed premises,
(b) any incident of which the licensee is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the licensed premises and that involves a person who has recently left, or been refused admission to, the premises,
(c) any incident that results in a person being turned out of the licensed premises under section 77,
(d) any other incident of a kind prescribed by the regulations.
If requested to do so by a police officer or inspector the register must be made available for inspection by a police officer or inspector (and they are allowed to take copies of any such register or to remove any such register from the premises).
The incident register is retained for at least 3 years from when the record was made.
Impacts
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Licence Readily available
Description
Under s107 of the Act, a responsible person for the licensed premises (being the licensee, manager of the premisese, an employee or agent of the licensee or manager, or a person acting or purporting to act on behalf of the licensee or manager) must produce the license to a police officer or inspector if requested by that police officer or inspector whilst they are on the licensed premises.
Impacts
Maximum penalty of 5 penalty points.
An employee or agent of the licensee (other than manager) does not commit an offence under this section.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Licence required to sell liquor
Description
Under s7 it is an offence to sell liquor without a licence.
A person who is the occupier of, manager of, or is in control of the premises, is taken to have sold the liquor unless they can prove that they had no knowledge of the sale, and used all due diligence to prevent the sale of liquor on or from the premises.
Impacts
Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Liquor Licence Fee(Annual)
Description
In accordance with NSW Liquor Regulations 2008 Part 2A Periodic licence fees a licence fee is payable annaully.
Per 5B Assessment date and due date for payment of periodic licence fees
(1) The assessment date for a periodic licence fee is 15 March in each assessment year (with 15 March 2015 being the first assessment date).
(2) The due date for the payment of a periodic licence fee is 29 May in each assessment year.
Impacts
If the fee is not paid the Liquor licence could be terminated.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Notice to be Displayed
Description
Under, and in accordance with, clause 31 of the Regulation the following notice is to be displayed in the licensed premises:
IT IS AGAINST THE LAW TO SELL OR SUPPLY ALCOHOL TO, OR OBTAIN ALCOHOL ON BEHALF OF, A PERSON UNDER THE AGE OF 18
Impacts
The maximun penalty under the Act is 20 penalty points.
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
RSA Register
Description
Under, and in accordance with, clause 44 of the Regulation, the licensee must keep, and make available, a register of existing RSA.
Impacts
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Responsible Service of Alcohol (RSA)
Description
Under, and in accordance with, clauses 40 and 41 of the Regulation, the licensee and staff of a licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises unless the licensee and staff hold a current recognised RSA certification.
Impacts
The maximun penalty under the Act is:
- 50 penalty points for a licensee.
- 10 penalty points for a staff member
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Water Freely Available
Description
Under and in accordance with clause 51, drinking water is to be available free of charge where liquor is served.
Impacts
Responsible Manager
David Schmude, Chief Executive Officer UNE Life
Coordinating Officer
Ben Bible, Manager, Communications & Student Experience, UNE Life
Coordinating Unit
UNE Life
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview