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					        Retail trading restrictions
                                A guide for take away liquor stores




This fact sheet assists take away liquor stores     • the shop is operating under a hotel licence
in NSW. Trading hour restrictions for packaged      • the shop is a small shop, or
liquor stores are included in the Retail Trading    • an exemption has been granted.
Act 2008 and in the Liquor Act 2007. Liquor
stores must comply with both sets of laws.          Unless exempted, it is an offence under the
In some areas, local restrictions, such as          Retail Trading Act to trade or advertise to trade
Council planning approvals, may also limit          on a restricted trading day.
trading hours by liquor stores.                     Packaged liquor store trading on Good Friday
This information is provided as a guide only.       and Christmas Day is not permitted in any
                                                    circumstances because of restrictions under
Trading restrictions under the Retail               the Liquor Act.
Trading Act 2008                                    Tourist zones
Other than the restricted days set out below,
                                                    All shops, including liquor stores, operating in
there are no general restrictions on liquor
                                                    tourist zones exempted under the former Shops
stores trading on any time of day or day of the
                                                    and Industries Act 1962 are also exempted
week.
                                                    from the Retail Trading Act.
Trading restrictions under the Liquor               A list of these zones is available from the NSW
Act 2007                                            Industrial Relations website (details over page).
Standard trading hours for packaged liquor          Hotel take away outlets
licences are from 5am to midnight Monday to
Saturday, and from 10am to 10pm on Sundays.         The Retail Trading Act permits a take away
Extended trading on Sundays can be approved         liquor outlet operating under a hotel licence to
in some circumstances.                              trade on Easter Sunday, ANZAC Day and
                                                    Boxing Day.
Trading is not permitted by packaged liquor
licences on restricted trading days prescribed in   Small shops
the Liquor Act.
                                                    Liquor stores classified as a small shop may
Restricted trading days                             trade on restricted trading days (excluding
                                                    Good Friday and Christmas Day). A liquor store
The Retail Trading Act defines restricted           is classified as a small shop only when:
trading days as:
                                                    • the number of people that own the shop
•   Good Friday*                                      does not exceed two, or one corporation,
•   Easter Sunday                                     and the owner or owners of the shop take
•   prior to 1pm on ANZAC Day, 25 April               the profits from the business, and
•   Christmas Day, 25 December*
•   Boxing Day, 26 December.                        • the total number of employees engaged by
                                                      a small shop does not exceed four regular
NOTE: Good Friday and Christmas Day are               employees, whether working at the same
restricted trading days under the Liquor Act.         time or different times.

Liquor stores may only trade on a restricted        The number of people working in a liquor store
                                                    does not include:
trading day (other than Good Friday and
Christmas Day) if:                                  • the occupier or occupiers. If the occupier is
                                                      a corporation, then two natural persons who
• the shop is located in a nominated tourist
  zone                                                are shareholders of the corporation


         www.industrialrelations.nsw.gov.au |  131 628 | March 2010
• any person engaged in an emergency                   All applications will be displayed for a period of
  during the absence from the shop for part of         at least 21 days on the NSW Industrial
  a day of a person who is engaged in the              Relations website. During this 21 day period,
  shop on that day, or                                 public comment is invited regarding any
                                                       application received by the Department.
• any person engaged outside the normal
  working hours of any person engaged on a             The Director-General must have regard to any
  full-time basis.                                     public comment received during the 21 day
                                                       period when making a decision.
If the owner or a director of a liquor store is also
engaged in another shop, then the liquor store         Effect of an exemption
is not a small shop.
                                                       If granted, exemptions will apply for a period
Seeking an exemption                                   not exceeding three years.
Under the Retail Trading Act, the Director-            Voluntary staffing
General of the Department of Finance and
Services may grant an exemption to a liquor            The Retail Trading Act requires that any
store enabling it to trade on restricted days.         employee of a liquor shop working on a
However, trading is not permitted on Good              restricted day must freely elect to work on that
Friday and Christmas Day under the Liquor Act.         day without any coercion, harassment, threat or
                                                       intimidation by, or on behalf of, the shop owner.
Applications must be made on the approved
form, which is available for download on the           Failure to comply with the voluntary staffing
NSW Industrial Relations website. The form             provisions can attract a maximum penalty of 50
provides details on the application process and        penalty points ($5,500).
who can make the application.                          Lease arrangements
What is the test for an application?                   Any provisions of a lease are void to the extent
                                                       where there is a requirement that the occupier
The Director-General must not grant an                 of a liquor store is required to keep the shop
exemption for any store unless satisfied that          open on any restricted day.
there are exceptional circumstances of the
case and that it is in the public interest to grant    This includes either an agreement or an
the exemption.                                         arrangement between the occupier of the shop
                                                       and owner of the premises in which the shop is
In making any decision, the Director-General           located, or if it the occupier is a sub-lessee,
must have regard to the following matters:             between the occupier and the lessee.
• the nature of the shop and kind of goods             Applications & further information
  sold
• the need for the shop to be kept open on the         Further information on the Retail Trading Act is
  day concerned                                        available from NSW Industrial Relations
• the likely effect of the proposed exemption           131 628
  on the local economy, tourism and small
                                                       Applications for exemptions under the Retail
  and other businesses in the area and
                                                       Trading Act must be submitted on the approved
• the likely effect of the proposed exemption
                                                       application form to:
  on employees of, or persons working in, the
  shop.                                                   NSW Industrial Relations
                                                          Department of Finance and Services
Once a decision about an application has been             2 - 24 Rawson Place
made, it is published on the NSW Industrial               Sydney NSW 2000
Relations website, along with reasons for the
                                                       The application form is available for download
decision.
                                                       from the NSW Industrial Relations website at:
When can an application be made?                       www.industrialrelations.nsw.gov.au
An application seeking an exemption to trade           Further information on trading provisions and
on a restricted day can be made at any time            applications under the Liquor Act is available
during the year.                                       from the NSW Office of Liquor, Gaming &
However, any application received within 28            Racing. Contact details are as follows:
days of the restricted day will not be considered       02 9995 0333
for that day.                                          www.olgr.nsw.gov.au




                    A division of the Department of Finance & Services

				
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