Risk-based loadings and exemptions

Trading hours risk loading is included in the calculation of annual liquor licence fee if your premises is authorised to regularly trade after midnight. The loading must be paid whether the premises trades after midnight or not.

Licensees that are permitted to trade after midnight can reduce their annual liquor licence fee by applying for an occasional extended trading condition (OETC) to be included on their licence.

​Premises exempt from trading hours risk loading fee

Trading hours risk loading does not apply to these licences:

• producer/wholesaler licence - unless it has a drink-on premises authorisation
• on-premises licence relating to a restaurant - unless it has a primary service authorisation
• on-premises licence relating to accommodation premises, an airport or catering service
• small bar licence
• limited licence (multi-function)
• hotel licence that was formerly a community liquor licence
• a hotel or club licence that meets the criteria for a tourist accommodation exemption
• licensed premises that meets the criteria for a remote population exemption.

Occasional extended trading condition

• If you are a licensee permitted to trade after midnight (including vessels), you can reduce your annual liquor licence fee by applying for an occasional extended trading condition (OETC) for your licence. This condition means you can only trade past midnight or 1.30am on up to 12 occasions over any 12-month period.
• Licensees with an OETC who occasionally trade after midnight do not pay trading hours risk loading.
• Licensees with an OETC that allows regular trading up until 1:30am, and occasional trading after 1.30am, are required to pay a $2,705 trading hours risk loading.
• Compare loading with and without an OETC here:

Note: If you already have an OETC you must submit an occasional trading notification form to us at least 14 days before each late trading occasion.

If you already have an OETC you only need to reapply if your circumstances have changed.

How to apply

Apply online for an OETC

What you need to know

• Apply by 28 February 2019 to reduce your 2019 fee.
• If you apply after 28 February your application will be assessed to reduce your fee for next year.
• You must have a google account and be logged in to use this application form. Don’t have a google account? Sign up here.

Tourist accommodation exemption

A hotel or club that provides tourist accommodation does not pay trading hours risk loading if the hotel or club meets all of the following criteria:

• provides accommodation in at least 20 rooms or self-contained suites - other than dormitory-style accommodation
• provides beverages, meals, and other associated services to residents and guests
• bars only operate after midnight primarily to sell or supply liquor to residents and their guests
• persons attending a function or conference by invitation only – for example: weddings or work conferences.

Hotels and clubs eligible for the tourist accommodation trading hours risk loading exemption (TAE) can apply to reduce their trading hours risk loading.

If the hotel or club is authorised to sell or supply liquor to the broader general public after midnight on a regular basis, trading hours risk loading will apply.

How to apply

Apply online for a TAE

What you need to know

• Apply by 28 February 2019 to reduce your 2019 fee.
• If you apply after 28 February your application will be assessed to reduce your fee for next year.
• You must have a google account and be logged in to use this application form. Don’t have a google account? Sign up here.

Remote population exemption

Liquor licensees in remote or regional locations do not pay trading hours risk loading if the licensed premises meets all of the following criteria:

• in a regional locality of less than 1,000 people, with no large transient population
• more than 5km from a town of 1,000 to 5,000 people
• more than 20km from a larger town or city (over 5,000 people).

Compliance risk loadings may be included in the calculation of your annual liquor licence fee if, in the past calendar year:

• your premises' licensee or manager has committed a serious liquor law offence
• your premises has been listed as a declared premises under the violent venues scheme.

Compliance risk loadings include:

• compliance history risk loading,
• patron capacity risk loading, and
• location risk loading for venues in the Sydney CBD and Kings Cross precincts.

Compliance history risk loading

Your compliance history risk loading will be based on the number of prescribed offence events committed at your licensed premises, or if a premises was listed as a Level 1 or 2 declared premises under the violent venues scheme.

A prescribed offence event is when a licensee or manager is convicted in court, pays a penalty notice or an enforcement order is issued by the State Debt Recovery Office.

Learn more about prescribed offences visit: prescribed offences.

Prescribed offences that lead to compliance risk loadings

• sale or supply of liquor contrary to licence, but only in relation to sale or supply of liquor outside approved trading hours
• breach of licence condition, but only in respect of a condition that restricts the trading hours of licensed premises or prohibits patrons from entering licensed premises at certain times, imposed:
  • Under the Sydney CBD or Kings Cross precinct special conditions
  • Under the violent venues scheme
  • As a result of a remedial condition following a strike
• permitting intoxication or indecent, violent or quarrelsome conduct
• selling or supplying liquor to an intoxicated person
• permitting the sale, possession or use of a prohibited plant or drug section
• failure to comply with a direction given by the Secretary of the Department of Industry (the Secretary)
• failure to comply with a short-term closure order
• failure to comply with a long-term closure order
• failure to comply with a notice issued by the Secretary
• selling or supplying liquor to a minor or allowing such sale or supply
• licensees and managers have been issued a penalty notice for an act committed by an employee, related to the sale or supply of liquor to an intoxicated person or a minor or failure to comply with a direction given by the Secretary.

If more than one of the following loadings applies to your licence, you will only pay the highest amount.

The patron capacity risk loading only applies if you are also required to pay a compliance history risk loading.

Patron capacity risk loading is based on the number of people your premises is allowed to hold.

Accommodation areas of a venue are not included in the patron capacity of a licensed premises.

Determining the patron capacity of a premises

Where the loading applies to your liquor licence, you need to advise us of what the current patron capacity of the premises is by submitting an online form. We use this number to calculate the correct patron capacity risk loading you need to pay.

Key date: Applications for the 2019 patron capacity open on 31 January 2019.

Supporting evidence: Licensees also need to provide evidence to support the number given. This could be a copy of the development consent, advice from council, or annual fire inspection records from Fire & Rescue NSW.

If your information isn’t submitted by the due date, or it is identified that the number is not accurate, the Secretary has discretion to determine the patron capacity for your premises. This number will be used to calculate your patron capacity risk loading.

Premises exempt from the patron capacity risk loading

• producer/wholesaler licence, unless a drink-on premises authorisation is held
• on-premises licence relating to accommodation premises, catering service or both
• packaged liquor licence
• limited licence (multi-function)
• hotel licence that was formerly a community liquor licence.

Submitting your patron capacity and supporting evidence:

1. Complete an online form advising L&GNSW of the current patron capacity of your premises - excluding accommodation areas
2. Attach supporting evidence via the online form application
3. Complete and submit the online form.

Note: these instructions and live online form links will be emailed to you once when your patron capacity number is required.

Location risk loading only applies if you are required to pay a compliance history risk loading and you are located in the Kings Cross and Sydney CBD. This risk loading attracts a $2,164 fee.

Location risk loading does not apply to a:

• producer/wholesaler licence, unless a drink on-premises authorisation is held
• limited licence - multi-function
• hotel licence that was formerly a community licence.