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
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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
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General Introduction
VC Compliance Delegate
David Schmude, Director UNE Life
Compliance Coordinator
David Schmude, Deputy Director 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.Compliance Obligations
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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
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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, Director UNE Life
Coordinating Officer
Adam Towie, Corporate Services Manager
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