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Hospitality, Liquor and Gaming

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Home / Other Services / Commercial & Corporate Law / Hospitality, Liquor and Gaming

Hospitality and Liquor

The following businesses may require a licence under the Liquor Act 2007:

  • Hotels;
  • Motels;
  • Bars;
  • Pubs; and
  • Restaurants

The above list is not an exhaustive list and other businesses may also require licences depending on the needs of that business.

Such a licence may allow the business to sell alcohol, including takeaway alcohol and alcohol consumption on the premises.

A licence allows a business to engage in activities such as dining and entertainment.

The following businesses may not need a licence:

  • Bed and breakfast establishments;
  • Retirement villages;
  • Cruise vessels;
  • Aircrafts;
  • Gift baskets and flowers;
  • Gift baskets and flowers;
  • Auctions; and
  • Private functions

If liquor is sold without the required licence, and outside of the exception set out above, a penalty may imposed equivalent to $11,000.00 or twelve (12) months imprisonment or both.

Gaming

There are various forms of gaming which require various forms of licences.

A “game of chance” is defined as a trade promotion or competition in which chance plays a great part in selection of the winner. On the other hand, a “game of skill” depends, primarily, on the skill of the person to determine the winner.

Where it is a mixture of both chance and skill, it will be deemed as a game of chance.

In NSW, a permit is required to conduct a game of chance. Specific information must be provided when applying for such a permit, where the prices include machinery, electrical appliances, motor vehicles and real estate. In the event that there is a failure to obtain such a permit, penalties may apply.

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