Liquor and Accommodation Regulations 2003

Liquor and Accommodation Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Liquor and Accommodation Act 1990 .

25 August 2003

G. S. M. GREEN

Governor

By His Excellency's Command,

DAVID CREAN

Treasurer

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Liquor and Accommodation Regulations 2003 .

2.   Commencement

These regulations take effect on 15 September 2003.

PART 2 - Liquor licences

3.   Club licence

(1)  The Board is to direct the Commissioner to grant a club licence if satisfied that –

(a) the club specified in the licence is incorporated under the Associations Incorporation Act 1964 ; and

(b) the principal activity of that club does not involve the sale or consumption of liquor; and

(c) a club licence is more appropriate than any other kind of liquor licence or liquor permit.

(2)  For the purposes of section 10 of the Liquor and Accommodation Act 1990 , the following persons are prescribed:

(a) a member of the club;

(b) a guest or invitee of a member of the club;

(c) a member of another club which has a reciprocal membership arrangement with the club;

(d) a competitor in an event conducted or hosted by the club on that day;

(e) a spectator of an event conducted or hosted by the club on that day;

(f) a member of The Registered Clubs of Tasmania Co-operative Society Limited attending a committee meeting or a member meeting of the club;

(g) a person who ordinarily resides at least 5 kilometres from the club's premises and has signed a statement to that effect;

(h) a person who is attending a meeting of, or a function conducted by, an organisation which the Commissioner is satisfied is not operated for profit.

4.   Special licence

(1)  The Board is to direct the Commissioner to grant a special licence if satisfied that –

(a) the principal activity to be carried on at the premises specified in the licence will not involve the retail sale of liquor or, if the principal activity to be carried on at the premises will involve the retail sale of liquor, the premises form part of or are associated with a vineyard or winery and the sale of liquor will be restricted to Tasmanian wine; and

(b) in the case of premises at which meals are to be served, liquor will be sold only for consumption on or adjacent to the premises as an accompaniment to those meals.

(2)  The Board is to direct the Commissioner to grant a special licence to sell Tasmanian wine if satisfied that –

(a) the principal activity to be carried on at the premises specified in the licence is the provision of hospitality or tourist goods or services; and

(b) selling the wine is not likely to have a detrimental effect on that activity.

PART 3 - Liquor Permits

5.   On-permit

The Commissioner is to grant an on-permit for off-licence premises if satisfied that the sale of liquor for consumption on the off-licence premises is not contrary to the principal activity carried on at those premises.

6.   Off-permit

The Commissioner is to grant an off-permit for on-licence premises if satisfied that the sale of liquor for consumption off the on-licence premises is not contrary to the principal activity carried on at those premises.

7.   Special permit

(1)  The Commissioner may grant a special permit to a person for a function held by an association, society, organisation, club or other body if satisfied that the principal purpose of the function is not the sale or consumption of liquor.

(2)  The Commissioner may grant a special permit for a public event if satisfied that the consumption of liquor is incidental to the event.

(3)  The Commissioner may grant a special permit for a sporting club if satisfied that –

(a) the club is incorporated under the Associations Incorporation Act 1964 ; and

(b) the liquor to be sold is for consumption only on the premises of the club; and

(c) the club has at least 50 financial members who have attained the age of 18 years.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 September 2003

These regulations are administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe –

(a) criteria for the granting of certain kinds of liquor licences and liquor permits; and

(b) the persons to whom liquor may be sold under the authority of a club licence.