South Australia
Liquor Licensing (General) Regulations 2012
under the Liquor Licensing Act 1997

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Interpretation
Part 2—Definitions
4	Definition of entertainment
5	Definition of liquor
6	Definition of regulated premises
Part 3—Licences
7	Cases where licence is not required
8	Annual fees
9	Waiver, reduction or refund of fees
Part 4—Applications and objections
10	Plans to accompany applications
11	Time limitation for application for limited licence
12	Requirements relating to advertising of applications
13	Order for determining applications
14	Form of notice of objection
Part 5—Conduct of licensed business
15	Record of lodgers
Part 6—Minors
16	Notices relating to minors
17	Classes of minors allowed in certain licensed premises
18	Evidence of age
Part 7—Special powers and enforcement
19	Barring orders
20	Procedures relating to prevention of persons from entering or removal of persons from licensed premises
Schedule 1—Areas surrounding AAMI Stadium declared not to be regulated premises
Schedule 2—Forms
Schedule 3—Fees and default penalties
Schedule 4—Revocation of Liquor Licensing (General) Regulations 1997

Part 1—Preliminary
1—Short title
These regulations may be cited as the Liquor Licensing (General) Regulations 2012.
2—Commencement
These regulations will come into operation on 1 September 2012.
3—Interpretation
In these regulations—
Act means the Liquor Licensing Act 1997;
alcohol based food essence means a food flavouring preparation—
	(a)	that at 20° Celsius contains more than 1.15% alcohol by volume; and
	(b)	that is packaged—
	(i)	in the case of vanilla essence—in a container of more than 100 millilitres capacity; or
	(ii)	in any other case—in a container of more than 50 millilitres capacity;
alcoholic ice confection means a preparation—
	(a)	that at 20° Celsius is a liquid that contains more than 1.15% alcohol by volume; and
	(b)	that is intended for human consumption in a frozen or partially frozen state;
duty free shop means a shop or store the subject of a warehouse licence issued under the Customs Act 1901 of the Commonwealth.

Part 2—Definitions
4—Definition of entertainment
For the purposes of paragraph (b) of the definition of entertainment in section 4 of the Act, entertainment includes a visual display but not if provided by means of a television screen the dimensions of which do not exceed 2 metres by 2 metres.
5—Definition of liquor
For the purposes of the definition of liquor in section 4 of the Act, alcohol based food essence and alcoholic ice confection are declared to be liquor for the purposes of the Act.
6—Definition of regulated premises
For the purposes of the definition of regulated premises in section 4 of the Act, the areas surrounding AAMI Stadium in West Lakes shown as the hatched areas on the plan in Schedule 1 are declared not to be regulated premises.

Part 3—Licences
7—Cases where licence is not required
	(1)	For the purposes of section 30(c) of the Act, a course of instruction or training of which the tasting, sampling or use of liquor is an essential part held by any of the following institutions is an approved course:
	(a)	Workers' Educational Association of South Australia Incorporated;
	(b)	Australian Hotels' Association (S.A. Branch);
	(c)	Licensed Clubs' Association of South Australia Incorporated;
	(d)	The South Australian Restaurant Association Incorporated;
	(e)	South Australian Wine Industry Association Incorporated;
	(f)	United Voice (S.A Branch);
	(g)	The Hotel Motel & Accommodation Association of South Australia Incorporated;
	(h)	The Licensed Club Industry Training Foundation of South Australia;
	(i)	a tertiary educational institution.
	(2)	For the purposes of section 30(h) of the Act, the sale of liquor is exempted from the application of the Act in each of the following cases:
	(a)	the sale of liquor to a person—
	(i)	who proposes to travel outside Australia and to take the liquor with him or her when he or she does so; and
	(ii)	who purchases the liquor in a duty free shop;
	(b)	the sale of liquor to the operator of a duty free shop for the purposes of resale in that shop;
	(c)	the sale of liquor at cottage or bed and breakfast style accommodation premises with accommodation for a maximum of 8 persons if—
	(i)	the supply of liquor is complimentary; and
	(ii)	the liquor is supplied to a person of or above the age of 18 years accommodated at the premises; and
	(iii)	the liquor has been purchased from the holder of a producer's licence at the producer's premises in the vicinity of the premises; and
	(iv)	—
	(A)	the supply of liquor is ancillary to the provision of the accommodation, the liquor is delivered to the person at that part of the premises where the person is accommodated and the volume of liquor supplied does not exceed 2 litres per accommodation booking; or
	(B)	the supply of liquor is ancillary to a meal hosted by the operator of the premises and the volume of liquor supplied does not exceed 1 litre per person; or
	(C)	the supply of liquor is ancillary to the supply of a picnic basket and the volume of liquor supplied does not exceed 1 litre per person who may reasonably be expected to consume the contents of the picnic basket;
	(d)	the sale of liquor in the course of the business of selling flowers or confectionery or other food to be delivered as a gift to a person other than the purchaser if—
	(i)	the liquor is delivered by the vendor, together with the flowers or confectionary or other food, directly to the donee of the gift (or to another person of or above the age of 18 years) at a place other than the premises at which the business is conducted; and
	(ii)	the liquor has been purchased by the person conducting the business from the holder of a hotel licence, retail liquor merchant's licence, producer's licence or special circumstances licence; and
	(iii)	the volume of liquor supplied in respect of each sale does not exceed 2 litres; and
	(iv)	both the purchaser and the donee of the gift are of or above the age of 18 years;
	(e)	the sale of an alcohol based food essence if—
	(i)	the sale is by wholesale; or
	(ii)	the sale is made door‑to‑door to a person of or above the age of 18 years;
	(f)	the sale of liquor comprised of goods listed or registered in the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 of the Commonwealth;
	(g)	the sale of liquor at a hospital, nursing home or other institution the purpose of which is to care for sick or elderly patients for consumption at the hospital, nursing home or other institution by patients of the hospital, nursing home or other institution;
	(h)	the sale of liquor by a ship's provedore to the master of the ship for supply as an allowance to a member of the ship's crew;
	(i)	the sale of liquor within South Australia by the operator of an aircraft to a passenger on the aircraft in the course of a flight (other than a flight that both begins and ends in South Australia) for consumption during that flight;
	(j)	the sale of wine by or on behalf of Birdwood High School, Blackfriars Priory School, Clare High School, Gladstone High School, Hamilton Secondary College, Lucindale Area School, Nuriootpa High School, Oakbank Area School, Renmark High School, Riverton & District High School, Streaky Bay Area School, Urrbrae Agricultural High School or Willunga High School if—
	(i)	the wine is produced as part of a course in viticulture or winemaking offered by the school or college and sold as part of, or for the purposes of, that course; and
	(ii)	the sale is made by and to a person of or above the age of 18 years;
	(k)	the sale of wine by or on behalf of Roma Mitchell Secondary College, Valley View Secondary School or Windsor Gardens Vocational College (the exempt schools) if—
	(i)	the wine is produced as part of a course in winemaking offered by Roma Mitchell Secondary College and sold by or on behalf of an exempt school that contributes as part of its curriculum to the production, promotion or sale of the wine; and
	(ii)	the sale is made by and to a person of or above the age of 18 years.
8—Annual fees
	(1)	For the purposes of section 50A of the Act and subject to this regulation, the annual fee for a licence is payable on or before 30 June in each year and is payable in advance in respect of the following financial year (that is, the 12 months commencing on 1 July and ending on the following 30 June).
	(2)	If, on 30 June in a year, a licence is suspended (other than for disciplinary reasons), the annual fee for the licence is not payable on or before that day in that year, but, if the licence ceases to be suspended during the following financial year, the annual fee for the licence in respect of that financial year is payable on or before the day that is 28 days after the day on which the licence ceases to be suspended.
	(3)	The annual fee payable under subregulation (2) is to be adjusted on a pro rata basis by applying the proportion that the number of months from the cessation of the suspension until the next 30 June bears to 12 (with part of a month being counted as a whole month).
	(4)	However, the following applies in respect of the 2012/2013 financial year:
	(a)	if, on 30 June 2012, a licence was not suspended or was suspended for disciplinary reasons, the annual fee for the licence is payable on or before 31 December 2012;
	(b)	if, on 30 June 2012, a licence was suspended (other than for disciplinary reasons) but the licence ceases to be suspended at any time on or before 31 December 2012, the annual fee for the licence is payable on or before 31 December 2012;
	(c)	if, on 30 June 2012, a licence was suspended (other than for disciplinary reasons) and the licence remains suspended for the whole of the period from 1 July 2012 to 31 December 2012, the annual fee for the licence is not payable on or before 31 December 2012, but, if the licence ceases to be suspended at any time before the end of the 2012/2013 financial year, the annual fee for the licence is payable on or before the day that is 28 days after the day on which the licence ceases to be suspended;
	(d)	the annual fee payable under paragraph (b) or (c) is to be adjusted on a pro rata basis by applying the proportion that the number of months from the cessation of the suspension until the next 30 June bears to 12 (with part of a month being counted as a whole month).
	(5)	Despite Schedule 3, no fee is payable for an application for a variation of trading hours or the imposition, variation or revocation of a licence condition so as to reduce the trading hours or reduce the capacity of the licensed premises contemplated by the licence and effect a reduction in the annual fee for the licence.
9—Waiver, reduction or refund of fees
The Commissioner may, in his or her absolute discretion, waive, reduce or refund fees in exceptional circumstances that, in the opinion of the Commissioner, warrant the exercise of the discretion.

Part 4—Applications and objections
10—Plans to accompany applications
	(1)	For the purposes of section 51(1)(b) of the Act—
	(a)	an application to a licensing authority for a licence (not being a limited licence) or for removal of such a licence must be accompanied by plans of the premises in respect of which the licence is sought;
	(b)	an application to a licensing authority for approval of an alteration or proposed alteration to the licensed premises must be accompanied by plans of the alterations;
	(c)	an application to a licensing authority for redefinition of licensed premises must be accompanied by plans of the redefinition;
	(d)	an application to a licensing authority for designation of a part of licensed premises as a dining area or a reception area must be accompanied by plans of the areas;
	(e)	an application to a licensing authority for an authorisation to sell liquor in an area adjacent to the licensed premises must be accompanied by plans of the adjacent area.
	(2)	In each case, the plans must, subject to subregulation (3), comply with the following requirements:
	(a)	the plans must be on paper of dimensions not larger than international size A1 paper and not smaller than international size A3 paper;
	(b)	the plans must indicate the scale to which they are drawn;
	(c)	the plans must include floor plans and site plans reasonably required for proper consideration of the application;
	(d)	the plans must be signed by the applicant;
	(e)	the plans must, if the licensing authority so requires, be certified by a registered architect or a registered surveyor.
	(3)	The Commissioner may authorise plans to be submitted by electronic means and to be endorsed by the applicant by some means other than signature.
	(4)	For the purposes of section 51(1)(b) of the Act, an application to a licensing authority for a limited licence must, if the licensing authority so requires, be accompanied by plans (complying with the requirements of the licensing authority) of the premises in which the sale or consumption of liquor is to be authorised by the licence.
11—Time limitation for application for limited licence
For the purposes of section 51(1)(c) of the Act, an application for a limited licence must be made—
	(a)	if the special occasion or series of special occasions in respect of which the licence is sought will extend over more than 3 days—at least 60 days before the commencement of the occasion or the first occasion in the series;
	(b)	in any other case—at least 14 days before the commencement of the special occasion or the first special occasion in the series of special occasions in respect of which the licence is sought.
12—Requirements relating to advertising of applications
	(1)	For the purposes of section 52(2)(b) of the Act, the required advertisement must be in the form of form 1 set out in Schedule 2.
	(2)	For the purposes of section 52(2)(c) of the Act, the required notice—
	(a)	must be in the form of form 1 set out in Schedule 2; and
	(b)	must be on paper of dimensions not smaller than international size A2 paper; and
	(c)	must include a heading that is in bold faced letters of a height of at least 20 millimetres in height; and
	(d)	must otherwise be in a typeface that is at least 10 millimetres in height.
13—Order for determining applications
	(1)	For the purposes of section 54 of the Act, applications for new licences must, subject to subregulation (2), be determined in the order in which they are received by the licensing authority.
	(2)	A licensing authority may, if satisfied that special circumstances justify it doing so, hear and determine particular applications together regardless of the order in which they were received.
14—Form of notice of objection
For the purposes of section 77(1) of the Act, a notice of objection to an application must be in the form of form 2 set out in Schedule 2.

Part 5—Conduct of licensed business
15—Record of lodgers
For the purposes of section 101(2)(c) of the Act, the record kept under that section must include the following information in respect of each lodger:
	(a)	the date on which the lodger took up lodgings; and
	(b)	by means of a number or other unambiguous description, the room assigned to the lodger.

Part 6—Minors
16—Notices relating to minors
For the purposes of sections 111(2), 112(5) and 113(1) of the Act, each of the notices required by those sections—
	(a)	must be, respectively, in the form of form 3, 4 and 5 set out in Schedule 2; and
	(b)	must be printed—
	(i)	in bold faced letters of a height of at least 10 millimetres; and
	(ii)	in a colour or colours contrasting with the background; and
	(iii)	on paper of dimensions not smaller than international size A3 paper.
17—Classes of minors allowed in certain licensed premises
For the purposes of section 112(6) of the Act, the following classes of minors are exempt from the ambit of section 112:
	(a)	minors who—
	(i)	are at least 16 years of age; and
	(ii)	are engaged in providing entertainment of a kind that does not involve any person being nude, partially nude or in transparent clothing;
	(b)	minors who—
	(i)	are at least 16 years of age; and
	(ii)	are engaged in performing duties as employees of the licensee.
18—Evidence of age
For the purposes of section 115(1) of the Act, a prescribed person may require a suspected minor to produce evidence as follows:
	(a)	a current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory; or
	(b)	a current photographic Proof of Age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory; or
	(c)	a current passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person and enabling the age of the person to be determined; or
	(d)	a current photographic Keypass identification card issued by Alfa Omega Nominees Pty Ltd, trading as The Commonwealth Key & Property Register.

Part 7—Special powers and enforcement
19—Barring orders
	(1)	For the purposes of section 126 of the Act, an order barring a person from licensed premises under Part 9 Division 3 Subdivision 2 of the Act (a licensee barring order) must—
	(a)	specify the name of the person to be barred under the licensee barring order; and
	(b)	if known, specify the address of the person to be barred; and
	(c)	specify the name and address of the licensed premises from which the person is to be barred; and
	(d)	specify the period for which the person is to be barred, including the times at which the period commences and ends; and
	(e)	contain a brief description of the grounds on which the person is to be barred; and
	(f)	include a statement warning the person that it is an offence if the person enters or remains on premises from which the person is barred during the period specified in the licensee barring order; and
	(g)	include information about the circumstances in which a licensee barring order may be reviewed under section 128 of the Act; and
	(h)	be signed and dated by the licensee or responsible person issuing the licensee barring order.
	(2)	For the purposes of section 126 of the Act, an order revoking a licensee barring order (a licensee revocation order) must—
	(a)	specify the name of the person barred under the licensee barring order and, if known, the person's address; and
	(b)	specify the date on which the licensee barring order was issued; and
	(c)	specify the name and address of the licensed premises from which, and the period for which, the person is barred under the licensee barring order; and
	(d)	contain a statement to the effect that the licensee barring order is revoked; and
	(e)	be signed and dated by the licensee or responsible person issuing the licensee revocation order.
	(3)	For the purposes of section 126 of the Act, an order barring a person from licensed premises under Part 9 Division 3 Subdivision 3 of the Act (a police barring order) must—
	(a)	be clearly marked with a unique identifier (comprising a combination of letters and numbers); and
	(b)	specify the following personal details of the person to be barred under the police barring order:
	(i)	the person's full name;
	(ii)	the person's date of birth;
	(iii)	either (or both) the person's residential and business address; and
	(c)	in respect of licensed premises from which the person is to be barred—
	(i)	if the person is to be barred from specified licensed premises—specify the name and address of the premises; and
	(ii)	if the person is to be barred from licensed premises of a specified class—specify—
	(A)	the class; and
	(B)	the names and addresses of premises within that class; and
	(iii)	if the person is to be barred from licensed premises of a specified class within a specified area—specify—
	(A)	the class; and
	(B)	the area; and
	(C)	the names and addresses of premises of that class within that area; and
	(iv)	if the person is to be barred from all licensed premises within a specified area—specify—
	(A)	the area; and
	(B)	the names and addresses of premises within that area; and
	(d)	specify the period for which the person is to be barred, including the times at which the period commences and ends; and
	(e)	contain a brief description of the grounds on which the person is to be barred; and
	(f)	include a statement warning the person that it is an offence if the person enters or remains on premises from which the person is barred during the period specified in the police barring order; and
	(g)	include information about the circumstances in which a police barring order may be reviewed under section 128 of the Act; and
	(h)	specify the name, rank and identification number of the police officer issuing the police barring order; and
	(i)	specify the name, rank and identification number of the senior police officer authorising the issuing of the police barring order; and
	(j)	be signed and dated by the police officer issuing the police barring order.
	(4)	For the purposes of section 126 of the Act, an order revoking a police barring order (a police revocation order) must—
	(a)	specify the unique identifier for the police barring order; and
	(b)	specify the following personal details of the person barred under the police barring order:
	(i)	the person's full name;
	(ii)	the person's date of birth;
	(iii)	either (or both) the person's residential and business address; and
	(c)	in respect of licensed premises from which the person is barred under the police barring order—
	(i)	if the person is barred from specified licensed premises—specify the name and address of the premises; and
	(ii)	if the person is barred from licensed premises of a specified class—specify—
	(A)	the class; and
	(B)	the names and addresses of premises within that class; and
	(iii)	if the person is barred from licensed premises of a specified class within a specified area—specify—
	(A)	the class; and
	(B)	the area; and
	(C)	the names and addresses of premises of that class within that area; and
	(iv)	if the person is barred from all licensed premises within a specified area—specify—
	(A)	the area; and
	(B)	the names and addresses of premises within that area; and
	(d)	contain a statement to the effect that the police barring order is revoked; and
	(e)	specify the name, rank and identification number of the police officer issuing the police revocation order; and
	(f)	specify the name, rank and identification number of the senior police officer authorising the issuing of the police revocation order; and
	(g)	be signed and dated by the police officer issuing the police revocation order.
20—Procedures relating to prevention of persons from entering or removal of persons from licensed premises
For the purposes of section 137B(1) and (2) of the Act, the following procedures are prescribed as procedures to be observed by authorised persons in or in connection with the prevention of persons from entering, or the removal of persons (including minors) from, licensed premises or a part of licensed premises:
	(a)	an authorised person must, if practicable, before using force to prevent a person from entering, or remove a person from, licensed premises—
	(i)	advise the person that he or she is authorised under the Act to use reasonable force to prevent persons from entering, or remove persons from, licensed premises; and
	(ii)	explain that he or she will, unless the person agrees that he or she will not enter the premises, or agrees to leave the premises, use force to prevent the person from entering, or remove the person from, the premises;
	(b)	an authorised person must not, while using force to prevent a person from entering, or remove a person from, licensed premises, hold the person above the person's shoulders, or undertake any other action in respect of the person, in a way that could prevent or restrict the inhalation of air by the person or cause the person to suffer asphyxia (unless the action is necessary in self‑defence);
	(c)	as soon as reasonably practicable following an incident involving the use of force to prevent a person from entering, or remove a person from, licensed premises, each authorised person involved in the incident (other than a police officer) must, if he or she is not the licensee, report the incident to the licensee in writing, and must include in the report the details required to be recorded in the register to be maintained by the licensee under paragraph (d);
	(d)	a licensee of licensed premises must ensure—
	(i)	that a record of each incident involving the use of force by an authorised person (other than a police officer) to prevent a person from entering, or remove a person from, the premises is entered in a register of such incidents; and
	(ii)	that the register identifies the licensed premises; and
	(iii)	that each entry in the register—
	(A)	includes the following details:
	•	the date and time of the incident;
	•	the name of the responsible person for the licensed premises at the time of the incident;
	•	whether the incident related to prevention of entry or removal from premises;
	•	whether the incident involved a minor;
	•	the name or badge number of the authorised person;
	•	the grounds for the use of force;
	•	if known, the name, address and date of birth of the person prevented from entering or removed and of any witness to the incident;
	•	a description of any injuries sustained by any person as a result of the incident;
	•	whether a police officer attended the incident and, if so, the name or badge number of the police officer;
	•	a description of the incident and any preceding events; and
	(B)	is dated and signed by the licensee or responsible person; and
	(C)	is retained for at least 1 year following the occurrence of the incident; and
	(iv)	that the register is kept on the licensed premises and is readily available for inspection or copying by an authorised officer (within the meaning of section 122 of the Act).

Schedule 1—Areas surrounding AAMI Stadium declared not to be regulated premises

Schedule 2—Forms
Form 1—Notice of application under Liquor Licensing Act 1997
[Insert full name and address of applicant] has applied to the licensing authority for [insert category of application and category of licence as follows:
grant of a [hotel] licence
transfer of a [hotel] licence
removal of a [hotel] licence
an extended trading authorisation for a [hotel] licence
conversion of a temporary [hotel] licence into a permanent licence
a condition authorising sale of liquor under a club licence for consumption off the licensed premises
consent to use part of licensed premises or area adjacent to licensed premises to provide entertainment under a [hotel] licence
variation of trading hours previously fixed in relation to a [hotel] licence]
in respect of premises [insert situated at or to be situated at, as appropriate] [insert address of premises] and [insert known as or to be known as, as appropriate] [insert name].
*The following licence conditions are sought in the application: [insert description of conditions]
* Include only if applicable
The application has been set down for hearing on [insert date provided by licensing authority].
Any person may object to the application by lodging a notice of objection in the prescribed form at least 7 days before the hearing date with:
Liquor and Gambling Commissioner [Insert current address, phone number and fax number]
A copy of the notice of objection must be served by the objector on the applicant at least 7 days before the hearing date at: [inset address for service of applicant].
The application and certain documents and material (including plans) relevant to the application may be inspected without fee at a place and during a period specified by the Liquor and Gambling Commissioner.
Form 2—Notice of objection to application under Liquor Licensing Act 1997
Objector: [Insert full name]
Contact details of objector: [Insert address, phone number, fax or email address]
Name of applicant: [Insert name as set out in notice of application]
Type of application: [Insert type as set out in notice of application]
Address of licensed premises or proposed licensed premises: [Insert address as set out in notice of application]
Hearing date of application: [Insert date as set out in notice of application]
Objection is made on the following grounds: [Insert grounds—an objection may only be made on grounds listed in section 77(5) or 78 of the Liquor Licensing Act 1997]
Tick one box and fill in the details:
☐ I served a copy of this notice on the applicant on [insert date]
☐ I have not served a copy of this notice on the applicant but will do so at least 7 days before the hearing date
Date:
Objector's signature:
Form 3—Liquor Licensing Act 1997 section 111
Persons under 18 not to enter

This area is out of bounds to persons under 18.
Persons suspected of being under 18 may be required to provide evidence of their age.
[The sides of the octagon in the stop sign symbol must be at least 5 centimetres in length.]
Form 4—Liquor Licensing Act 1997 section 112
Persons under 18 not to enter

This area is out of bounds to persons under 18 between [insert relevant hours, that is 9 pm on one day and 5 am of the next OR midnight on one day and 5 am of the next]
Persons suspected of being under 18 may be required to provide evidence of their age
[The sides of the octagon in the stop sign symbol must be at least 5 centimetres in length.]
Form 5—Liquor Licensing Act 1997 section 113
Liquor must not be supplied to persons under 18
You must be at least 18 to consume liquor on these premises.
A person under 18 who obtains or consumes liquor on these premises, and the person who supplies liquor to the person under 18, are each guilty of an offence.
Persons suspected of being under 18 may be required to provide evidence of their age.
Note—
Section 114 provides that a person under 18 who obtains or consumes liquor on regulated premises, and any person who supplies liquor to the person under 18, are each guilty of an offence (max. fine: $2 500).

Schedule 3—Fees and default penalties

1	Application for the grant of a licence other than a limited licence	$489.00	
2	Application for the grant of a limited licence—		
		(a)	if the licence is sought for 1 function lasting 1 day or less	$40.75	
		(b)	if the licence is sought for more than 1 function held on the same day (for each function)	$40.75	
		(c)	if the licence is sought for 1 or more functions lasting more than 1 day (for each day of each function or part of a day)	$40.75	
	However, no fee is payable for an application for a limited licence if the licence is granted for a function or functions that, in the opinion of the licensing authority, are to be held for charitable or other community purposes.		
3	Application for an extended trading authorisation	$489.00	
4	Application for removal of a licence	$489.00	
5	Application for transfer of a licence	$489.00	
6	Application for—		
		(a)	approval of an alteration or proposed alteration to licensed premises	$105.00	
		(b)	redefinition of licensed premises as defined in the licence	$105.00	
		(c)	designation of part of licensed premises as a dining area or reception area	$105.00	
7	Application for authorisation to sell liquor in an area adjacent to licensed premises	$105.00	
8	Application for a variation of trading hours or for the imposition, variation or revocation of a condition of the licence	$489.00	
	However, no fee is payable if the application is to reduce the trading hours or reduce the capacity of the licensed premises contemplated by the licence so as to effect a reduction in the annual fee for the licence.		
9	Application for approval of a natural person or persons as the manager or managers of the business conducted under the licence or the assumption by a person of a position of authority in the trust or corporate entity that holds the licence—		
		(a)	if the person is the subject of an approval of the Commissioner in force under section 37 or 38 of the Gaming Machines Act 1992	no fee	
		(b)	in any other case	$105.00	
10	Application for conversion of a temporary licence into an ordinary licence	$489.00	
11	Application for consent of the licensing authority to use part of the licensed premises or area adjacent to the licensed premises for the purpose of providing entertainment	$489.00	
12	Additional fee on an application where an identification badge is issued	$17.90	
13	Application for approval to act as a crowd controller for licensed premises	$105.00	
14	Licence fee on grant of a limited licence if the application for the licence is made on or after 1 January 2013 and—	$700.00	
		(a)	the licence authorises the sale or supply of liquor past 1 am, the licensed premises are outdoors and the licence states the maximum capacity of the licensed premises as a number of persons exceeding 300; or		
		(b)	the licence contemplates boxing, wrestling or other entertainment that, in the opinion of the licensing authority, should be regarded as adult entertainment being provided at the licensed premises during the whole or part of the hours that the licence authorises the sale or supply of liquor; or		
		(c)	the licence authorises the sale or supply of liquor past 1 am and the product of the number of persons stated in the licence as the maximum capacity of the licensed premises and the number of days on which the licence authorises the sale or supply of liquor exceeds 1 000; or		
		(d)	the product of the number of persons stated in the licence as the maximum capacity of the licensed premises and the number of days on which the licence authorises the sale or supply of liquor exceeds 5 000; or		
		(e)	the licensing authority determines on other grounds that the nature of the special occasion or series of special occasions to which the licence will relate has required or will require the devotion of significant resources for the purposes of the administration or enforcement of the Act in relation to the licence.		
	However, no fee is payable if—		
		(a)	no fee was payable for the application for the licence; or		
		(b)	the licence is granted to the holder of a licence (other than a limited licence) and the licensed premises of the limited licence comprise the whole or a part of the licensed premises of the other licence held by the licensee.		
	The Commissioner may refund a licence fee if the special occasion or series of special occasions to which the licence relates is cancelled and significant resources have not been devoted for the purposes of the administration or enforcement of the Act in relation to the licence.		
	For the purposes of this item, a licence authorises the sale or supply of liquor past 1 am if it authorises the sale or supply of liquor immediately before and immediately after 1 am on any 1 or more days.		
15	Annual fee for a licence—		
		(a)	for a hotel licence or entertainment venue licence—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 1 fee	
		(ii)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 3 fee	
		(iv)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200 but not exceeding 400	level 4 fee	
		(v)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 400	level 5 fee	
		(b)	for a club licence (other than a limited club licence)—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 1 000	level 1 fee	
		(ii)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 1 000	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 1 000	level 3 fee	
		(iv)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 1 000	level 5 fee	
		(c)	for a residential licence or restaurant licence—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am	level 1 fee	
		(ii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 4 fee	
		(d)	for a producer's licence—		
		(i)	if the licence does not authorise consumption of liquor on the licensed premises	level 1 fee	
		(ii)	if the licence authorises consumption of liquor on the licensed premises and—		
		(A)	the licence does not authorise the sale or supply of liquor past 2 am	level 1 fee	
		(B)	the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 2 fee	
		(C)	the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 4 fee	
		(e)	for a retail liquor merchant's licence, wholesale liquor merchant's licence or direct sales licence	level 2 fee	
		(f)	for a special circumstances licence for a bus, limousine, boat, train, aeroplane, caterer or retirement village	level 1 fee	
		(g)	for a special circumstances licence for licensed premises other than a bus, limousine, boat, train, aeroplane, caterer or retirement village—		
		(i)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 1 fee	
		(ii)	if the licence does not authorise the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200	level 2 fee	
		(iii)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons not exceeding 200	level 3 fee	
		(iv)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 200 but not exceeding 400	level 4 fee	
		(v)	if the licence authorises the sale or supply of liquor past 2 am and states the maximum capacity of the licensed premises as a number of persons exceeding 400	level 5 fee	
	No annual fee is payable for a limited club licence.		
	The Commissioner may—		
		(a)	if the business operated under a licence is, in the opinion of the Commissioner, so similar to that under another licence class for which a lower annual fee is payable as to warrant a reduction in the fee, reduce the annual fee to that applicable to a licence of that other class; and		
		(b)	if the annual fee payable is a level 2 fee, reduce the fee to a level 1 fee for a particular year on grounds of financial hardship.		
	For the purposes of this item—		
		(a)	a level 1 fee is $100; and		
		(b)	a level 2 fee is $700; and		
		(c)	a level 3 fee is $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 2 am, $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 4 am, a further $700; and		
		(d)	a level 4 fee is $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 2 am, $1 400 plus, if the licence authorises the sale of liquor for consumption on the premises past 4 am, a further $1 400; and		
		(e)	a level 5 fee is $700 plus, if the licence authorises the sale of liquor for consumption on the premises past 2 am, $2 500 plus, if the licence authorises the sale of liquor for consumption on the premises past 4 am, a further $7 500; and		
		(f)	a licence authorises the sale of liquor past 2 am if it authorises the sale or supply of liquor immediately before and immediately after 2 am on any 1 or more days (disregarding sale or supply to a lodger); and		
		(g)	a licence authorises the sale or supply of liquor past 4 am if it authorises the sale or supply of liquor immediately before and immediately after 4 am on any 1 or more days (disregarding sale or supply to a lodger).		
16	Penalty for default payable under section 50A(4) of Act	20% of the amount outstanding	

Schedule 4—Revocation of Liquor Licensing (General) Regulations 1997
The Liquor Licensing (General) Regulations 1997 are revoked.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 23 August 2012
No 190 of 2012
MLI0020/12CS