The department will be closed from Wednesday 27 December 2023 to Monday 1 January 2024. We will respond to queries in the New Year. Best wishes for a safe and happy festive season.
Intro
Effective date: 31 August 2015 Last amended: 16 April 2020Next 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:
For the purposes above:
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.
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.