Effective date: 11 July 2018
Last amended: 3 October 2018
Next review: July 2019
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.
speaking, a temporary bar operates in conjunction with an event or
function such as an exhibition, festival, performance or show to provide
refreshments that may include the sale and supply of liquor to people
attending the event. A temporary
bar should be ancillary to the purpose of the event.
for community expectations in relation to temporary bars, the Director
of Liquor Licensing (the Director), in consultation with key
stakeholders, has established a policy which provides guidelines for
both existing licensees and persons seeking
to be temporary licensees, to sell or supply liquor at a temporary
bar/s ancillary to an event. Specifically, this policy seeks to provide
- what is considered temporary;
- what constitutes an “event”;
- information on who and how to apply for a licence for a temporary bar; and
- the factors involved in assessing applications.
the avoidance of doubt, this policy does not apply to applications
lodged by licensees of established venues to activate spaces adjacent to
its licensed premises.
What is considered temporary
bars operate to provide liquor at short-term events and an approval for
a temporary bar is not a means for a person to sell or supply liquor on
an ongoing basis. Accordingly, the Director may approve applications to
permit the sale of liquor
at a temporary bar/s, which must be ancillary to an event, for up to
a maximum period of three (3) weeks.
circumstances, the Director may consider a period exceeding three (3)
weeks, however, the applicant must provide submissions that demonstrate
that exceptional circumstances apply. Furthermore, the Director may
require a public interest
assessment and the application may advertised pursuant to section 67
of the Liquor Control Act 1988 (“the Act”).
What constitutes an “event”
The Act does not specifically define an event, however, section 3 of the Act does define a function as:
means a gathering, occasion or event (including a sporting contest,
show, exhibition, trade or other fair, or reception) at which it is
proposed that liquor be sold or supplied to those present.
provide greater clarity for applicants, a bona fide event should fall
under one of the following categories. Some examples of the types of
events that fall under the categories have been provided:
- Cultural/community celebrations – cultural festivals, significant commemorations or religious events or street festivals;
beverage & tourism festivals – wine or beer festival, regional food
and/or agricultural festivals showcasing the State and its regions’
- Political and state – summits, royal occasions, political events or VIP visits;
and entertainment – entertainment featuring demonstrably bona-fide
locally, nationally or internationally renowned acts or outdoor cinemas,
where the provision of alcohol is ancillary or secondary to the act and
- Business and trade - meetings, conventions, consumer and trade shows, fairs, markets or other opportunities to grow business;
- Educational and scientific – conferences, seminars or clinics;
- Sport competition - amateur/professional, spectator/participant;
- Recreational - sport or games for fun or quiz/trivia nights or any other fundraising activity;
- Remote service – the sale of liquor at a remote area mining camp to employees residing at the camp; or
events – events which are not advertised to the general public and are
restricted to genuine invited guests/members. These events are not
promoted for profit.
Furthermore, the following criteria may be taken into consideration in determining the bona fides of an event:
- Has the purpose of attracting international, interstate or intrastate overnight tourist visitation.
- Be of fixed limited duration.
- Be one-off or infrequent occurrence.
- Raise the awareness, image, or profile of a region.
- Be out of the ordinary.
Who and how to apply for a licence for a temporary bar
is important to note that the licensee must be responsible for the
business conducted under the licence including the responsibility for
employing/engaging the security/crowd controllers at an event1.
These arrangements should be taken into
consideration when determining what type of application to lodge
i.e. if the event organiser/promoter (who is not the applicant) is
engaging the security/crowd controllers, consideration should be given
to applying for an occasional licence to be
held jointly by both parties.
Furthermore, approval to
share in the proceeds or profit from an event will require the approval
of the Director and the applicant must demonstrate that the application
is in the public interest.
An applicant’s experience and compliance history will also be considered when determining applications.
Types of approvals
Extended Trading Permits
60 of the Act provides for the Director to grant an extended trading
permit (ETP) to authorise a licensee to sell and supply liquor under the
licence, in circumstances in which that licence would not otherwise
Section 60(4)(a) of the Act specifically identifies
that one of the purposes for which an ETP may be granted is to allow
catering, that is, authorising a licensee to sell liquor as a caterer .
Under such an approval the licensee is authorised to
sell and supply liquor at unlicensed premises, where it has been
engaged and has agreed as a caterer to provide liquor, whether with or
without food, for consumption by persons on those premises only, subject
to the requirement that the consent of
the owner or occupier of the premises has been obtained. Director’s policy – Extended Trading Permits/Variations – ‘One-off’ Events or Functions
Any person may apply for an occasional licence to sell or supply liquor from a temporary bar/s at an event.
occasional licence may be required where the person selling or
supplying liquor does not hold an existing licence or where some of the
responsibility for the conduct of the event rests with a person other
than the licensee. Director's Policy - Occasional Liquor Licence
Special Facility Licences (Catering)
of special facility licences (catering) may apply to sell or supply
liquor at a function where the caterer has been engaged, by a person
organising the function, to provide liquor for consumption by persons at
that premises. Ffurther information
on the Director's Policy - Special Facility Licence - Catering.
Factors involved when assessing applications for temporary bars
33(1) of the Act provides that the licensing authority has the absolute
discretion to grant or refuse an application under the Act, on any
ground or for any reason that it considers to be in the public interest.
key factor when considering an application for a temporary bar is
whether the proposal incorporates a genuine event or function. Where an
event organiser engages a prospective liquor licensee to sell or supply
liquor at the event, the sale of liquor
should be ancillary to the event.
In cases where over 5002
persons are expected to attend and the event is proposed to be held
over a period longer than one (1) calendar week, a public interest
assessment is required demonstrating that the event is in the public
having regard to the proper development of the industry, and details
of how the event will not have an adverse impact on the surrounding
Furthermore, for events where a public interest assessment is required, the onus rests with an applicant to also demonstrate:
nature of the event, including information as to how the event came
about, support from government agencies (if applicable), event
management plans (if applicable) etc;
- if the applicant is not
the event organiser, evidence to show that it has been engaged by the
event organiser to sell or supply liquor at the event;
- that the
event is a genuine planned function or occasion where the sale or supply
of liquor is ancillary to the event and how the event falls under the
categories outlined above; and
- that the necessary controls will
be in place to make sure that the sale of liquor will be supplied in a
responsible manner and the event will be conducted safely with all the
required approvals and consents.
Applications must be
accompanied by the relevant documents at the time of lodgement as
pursuant to section 67 of the Act, the Director may require an
application to be advertised on the Department’s website. An advertised
be open to submissions or objections. If an applicant wishes to
amend an application that has already been advertised, consideration
will be given as to whether or not the amended application needs to be
re-advertised which may create a delay
in the processing of the application.
not lodge any documentation which they consider to be confidential as
any document that the decision maker will have regard to must be
available for inspection by any person. Parties who wish to lodge
documents containing confidential
information must redact the relevant sections. Further information
on the Director's Policy – Inspection of Records and Access to Documents .
Information on how to apply
Information on how to lodge an application can be found on the department’s website or by telephoning +61 8 6551 4888.
periods for applications depending on the size and duration of the
event are outlined in the Director’s policy – Special Facility Licence -
Catering policy, Director’s policy – Occasional Liquor and the Extended
Permits/Variations – ‘One-off’ Events or Functions.
relates to the security/crowd controllers employed/engaged to manage
the patrons attending an event and the liquor licensed area but does not
include security engaged for the purposes of protecting the performers
or assets and revenue.
- The total number of persons expected to
attend an event will be assessed by the number of persons that can be
accommodated in the licensed area at any one time