Page title

Intro

Effective date: 7 May 2007 
Last amended: 3 October 2018
Next review: February 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

This policy provides guidance as to the legislative requirements relevant to objections and submissions under the Act. In addition, the Public Interest Assessment policy details information sources and reports that decision makers may have regard to in forming their decisions.

Legislative provisions

Section 73 of the Liquor Control Act 1988 (‘the Act’) provides the right to object to a liquor licence application where that application has been required to be advertised. 

Section 72A of the Act provides the right for a person to make a submission to the Director of Liquor Licensing in support of or in opposition to an application.

Objections

Section 74 of the Act provides that no objection can be made except on one or more of the following grounds —

  • that the grant of the application would not be in the public interest; or
  • that the grant of the application would cause undue harm or ill-health to people, or any group of people, due to the use of liquor; or
  • that if the application were granted:

undue offence, annoyance, disturbance or inconvenience to persons who reside or work in the vicinity, or to persons in or travelling to or from an existing or proposed place of public worship, hospital or school, would be likely to occur; or

    • the amenity, quiet or good order of the locality in which the premises or proposed premises are, or are to be, situated would in some other manner be lessened; or
  • that the grant of the application would otherwise be contrary to this Act.

Where an objection is lodged on the ground that the grant of the application would not be in the public interest, the notice of objection must be accompanied by submissions setting out the reasons why the objector considers the objection can be made out.

Further, the Director may require any objector to verify:

  1. whether the objector has any direct or indirect pecuniary interest in the refusal of the application, or any expectation of such an interest; or
  2. whether any person other than the objector is interested in the lodging of the objection and, if so:
    1. provide the name of each such person; and
    2. where the person is a proprietary company, the names of the directors and principal shareholders; or
  3. any other matter required by the Director.

Lodging an objection

When lodging an objection, the objector is to meet the following requirements:

  1. objectors are to submit their objection to the Department on the approved Form 17 – Notice of Objection;
  2. the objection can only be lodged on one or more of the grounds provided for under Section 74 of the Act and is to be accompanied by evidence to verify and support the statements made in the objection; and
  3. the objection is to be lodged on or before the last date of objection as specified in the application advertisement.

It should be noted that the Director has the power under the Act to decide that an objection:

  • is frivolous or vexatious;
  • is repetitious of other objections;
  • relates to matters frequently before the licensing authority of which the licensing authority may be presumed to be aware;
  • is not relevant or any fact or ground alleged cannot be verified; or
  • should not be heard.

If the Director makes such a decision, the objector will be notified seven days before the application is to be determined.

Submissions

Any person may make a submission to the Director of Liquor Licensing in support of or in opposition to an application.

A person who makes a submission to the Director is not a party to proceedings and will not be afforded the same rights and recognition as an objector.

If a person wishes to become a party to proceedings, they must lodge a formal objection.

Lodging a submission

Submissions must be made in writing (including via email or by post).

LLD/18 Form – Submission

Persons may submit their submission using a LLD/18 Form – Submission.

Additional information and objection forms are available on the the department’s website or telephone +61 8 6551 4888.


Page reviewed 25 June 2019