Coincidentally, but also following on from my last post, I was recently asked a question about a liquor licence and a tennis club social function. This lead me to discover some of the quite strange exceptions to when a liquor licence is required to sell alcohol. These are generally set out in s6 Liquor Act 2007 (NSW).
The answer to the tennis club question (see s6(5)) is that clubs and non-profit groups can sell drinks at fundraising events without a licence provided: there is one bar only; under 250 people; the event goes for no more than 4 hours; it doesn’t finish after midnight; food must be available; police must be welcome; and the Secretary needs 14 days’ notice. The exception is also limited to 6 events per year.
However, some of the other exemptions are quite peculiar and it makes me think about who lobbied whom.
Flower & Food Gift Services (s6(1A)).
Sending someone a bottle of wine tucked inside a bouquet? That’s fine, provided it’s a genuine gift service, delivered to an adult (at an address other than the one whether the liquor was purchased) between 7am–7pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period), and the liquor is no more than 2 litres and was purchased retail. No sneaky “gift baskets” as a workaround!
Bed & Breakfasts (s6(2)).
Small B&Bs (provided there are no more than 8 guests staying at one time) can pour a glass without a licence, as long as: the sale or supply is ancillary to the provision of accommodation or a meal; the liquor was bought retail by the B&B owner; it’s for guests only; no minors are served; and the host has done their responsible service of alcohol training. Very civilised.
Retirement Villages (s6(3)).
Residents (and their guests) can have a knees-up without a licence, as long as: the residents’ committee (not the village operator) is running the show; someone from the committee is present to supervise; and the drinks were bought from a retail shop.
It’s also OK to sell liquor to someone who is accommodated in a nursing home within the meaning of the Public Health Act 2010, and is receiving nursing care. This only applies if the liquor is sold or supplied by a person acting with the authority of a person in charge of, the nursing home,
The general exceptions in (s6(1))
These cover a surprisingly eclectic range of situations:
- selling drinks to an adult on such trains under the control of Sydney Trains or NSW Trains as are determined by those corporations. I assume this means the “dining car” on those trains that have one;
- selling perfume (as long as nobody’s drinking it);
- a doctor or pharmacist selling booze for medicinal purposes (really? – I am clearly going to the wrong doctor);
- selling at auctions but only those auctions conducted by an auctioneer;
- sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff’s officer, or a bailiff or a police officer;
- selling on ships on interstate or international voyages;
- selling on aircraft (but not on a charter service) and provided that it’s the aircraft operator who is selling the liquor. Do not buy a drink from the passenger seated beside you!
- selling liquor to an in-patient of a public hospital; or an overnight patient of a private health facility (or any other medical facility of a class prescribed by the regulations; and
- the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth.
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