This exemption also applies to small accommodation venues such as farm-stays.
Larger accommodation venues, or B&Bs with public restaurants, should apply for an on-premises liquor licence.
The Liquor Act 2007 defines a bed and breakfast establishment as a premises that provides temporary guest accommodation where:
A liquor licence is not required if:
The B&B proprietor must first notify the Independent Liquor & Gaming Authority (ILGA) that the establishment wishes to sell or supply liquor to guests.
A liquor licence is not required for alcohol to be sold during gatherings at a retirement village to adult residents or guests of residents, however:
If a retirement village operator wishes to sell alcohol at gatherings or in any other circumstances, an on-premises liquor licence is required.
A liquor licence is not required to sell alcohol to an adult on board an interstate or international cruise vessel while it is engaged in a voyage within New South Wales waters.
A liquor licence is also not required where liquor is sold on a vessel conducting a cruise in NSW waters that meets the following requirements:
Aircraft operators are not required to hold a liquor licence to sell alcohol to an adult on board their aircraft while in New South Wales.
This exemption only applies to a person or organisation selling or supplying alcohol and who also operates the aircraft. For example a person who charters an aircraft and wants to sell liquor on board must obtain a liquor licence.
A liquor licence is not required to sell alcohol to an adult who is receiving care in a nursing home, or a patient in a public hospital, private hospital, or medical facility.
The alcohol must be provided by, or on behalf of, the person in charge of the facility.
A liquor licence is not required to sell alcohol that is included in the sale of flowers or food designed to be delivered as a genuine gift to a person, such as a gift basket or bouquet of flowers.
A liquor licence is not required to sell alcohol to an adult at an auction conducted by an auctioneer that complies with the following requirements:
Where liquor is sold without a licence, or outside the scope of exemptions provided under the law, maximum penalties of $11,000 and/or 12 months imprisonment apply.
The sale or supply of liquor to a person under 18 is an offence, with penalties of up to $11,000 and/or 12 months imprisonment.
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Access the Liquor Act 2007 and the Liquor Regulation 2018 at www.legislation.nsw.gov.au