By Andrew Starke

The NSW Office of Liquor, Gaming & Racing (OLGR) has moved to close a loophole in the State’s liquor regulation that had allowed premises to sell alcohol without a liquor licence.

The issue of ‘rogue traders’ circumventing the Liquor Act 2007 was raised just prior to Easter when a Newcastle nightclub drew government and police censure for operating under a catering licence after twice being refused a liquor licence.

In March the owners of the Kensington nightclub were refused permission to transfer the liquor licence from the former Jolly Roger nightclub in King Street to their new venture, The Kensington, in Hunter Street.

A tweak to the rules means alcohol can no longer be sold and supplied on premises which have been refused a liquor licence or extended trading hours in the previous two years.

“From 21 April 2011, a statutory condition has been imposed on the authorisation used by a licensed caterer to sell liquor on premises other than their own permanent licensed premises,” said a statement on the OLGR website.

“This is known as a ‘sale on other premises authorisation’, and is issued under section 25(6) of the Liquor Act 2007.”

The condition prevents a caterer licensee from selling or supplying liquor on any premises in respect of which the Casino, Liquor and Gaming Control Authority has refused the following within the previous two years:

  • a licence
  • the removal of a licence to those premises, or
  • an extended trading authorisation.

The OLGR advises licensed caterers that sell or supply liquor away from their own permanent licensed premises that they should ensure they do not utilise their liquor licence at the addresses on this list within two years of the refusal date stated on the list.

This list will be updated regularly.

The amendment imposing the condition is contained in the Liquor Amendment (Restrictions on Authorisation to Trade on Certain Premises) Regulation 2011, which can be viewed on the NSW Government legislation website by clicking here.

For a list of new applications, removals and ETAs refused in the two years to April 21, click here.

The Shout Team

The leading online news service for Australia's beer, wine, spirits and hospitality industries.

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