Effective date: 31 August 2015
Last amended: 16 April 2020
Next review: April 2022
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.
The purpose of this policy is to outline restrictions on the grant, removal or redefinition of certain licences authorising the sale of packaged liquor and the conditions that may be applicable to those premises.
In order to minimise the adverse impact that packaged liquor outlets can have on the community, section 36B of the Liquor Control Act 1988 states that the licensing authority must not grant an application for a packaged liquor outlet of any size unless
it is satisfied that local packaged liquor requirements cannot reasonably be met by existing packaged liquor premises in the locality in which the licensed premises are or will be situated.
In this regard, applications for the grant of a new packaged liquor outlet must include evidence and submissions demonstrating that existing packaged liquor outlets in the locality of the proposed packaged liquor premises cannot reasonably satisfy the
local packaged liquor requirements of the public.
Further, section 36B, 77A and regulations 9AA, 9AAA and 9AAB of the Liquor Control Regulations 1989 (the regulations) provide that:
- an application will not be heard or determined by the licensing authority for the grant or removal of a licence if:
- the retail section of the proposed premises exceeds 400m2; and
- an existing packaged liquor outlet with a retail section that exceeds 400m2 is located within 5 kilometres (metropolitan) or 12 kilometres (regional) of the proposed premises (distances are calculated using the shortest route by road).
- an application will not be heard or determined by the licensing authority to alter or redefine a licensed premises if:
- the alteration or redefinition would result in the retail section of the premises increasing to more than 400m2; and
- an existing packaged liquor outlet with a retail section that exceeds 400m2 is located within 5 kilometres (metropolitan) or 12 kilometres (regional) (distances are calculated using the shortest route by road).
For the purposes above:
- retail section means the part or parts of the premises on which packaged liquor will be displayed for the purposes of sale.
- road means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it.
Conditions for packaged liquor sales
The Director of Liquor Licensing may impose the following conditions to all new applications for packaged liquor premises. This includes applications for approval of alteration or redefinition to existing premises, the removal of an existing
licence or in any other case the Director deems appropriate.
- The Director may identify on the approved plans that part of the licensed premises used for the sale of packaged liquor.
- The Director may impose a condition on a licence restricting the retail section.
- The Director may impose a condition restricting the consumption of liquor in the area identified for packaged liquor sales to tastings only.
- The Director may impose conditions on the licence to restrict the kinds of packaged liquor that may be sold and the containers, or number and types of containers, in which liquor may be sold.
In accordance with regulation 11(1b)(a), plans accompanying an application must show the use of each room. Consequently, the area of the premises that is dedicated to on-site consumption as well as the area dedicated to the sale of liquor to be consumed
off-site must be clearly identified.