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:
the auctioneer must comply with any direction issued by the Secretary of the NSW Department of Industry. Directions can relate to the quantity or type of liquor that may be sold by auction or the manner or frequency in which liquor is sold.
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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Call: 1300 024 720 | Monday to Friday 9am - 4pm
Access the Liquor Act 2007 and the Liquor Regulation 2018 at www.legislation.nsw.gov.au