The Act provides that where an
application is required to be advertised, a right to object to that
application is given. The Act also sets out who may object, how that
objection may be dealt with, and the general grounds of
objection as per sections 73 and 74 of the Act.
Objections may be
lodged against most applications under the Act. The following
application types are advertised for public information:
- The grant of removal of a licence, other than an occasional licence.
- Permanent extended trading permits
- Major alterations to licensed premises.
Who can object
an application is required to be advertised, any person may object to
the application on any ground permitted by section 74 of the
General grounds for objection
No objection may be made unless it is on one or more of the following grounds, as per section 74 of the Act:
- that the grant of the application would not be in the public interest; or
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:
offence, annoyance, disturbance or inconvenience to person who reside
or work in the vicinity, or to persons in or traveling 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.
Public interest grounds of objection
Where an objection is lodged on the ground that the grant of the application would not be in the public interest:
notice of objection shall be accompanied by a statement in writing
setting out the reasons why the objector considers the objection can be
made out and accompanied by evidence that supports the statements made.
The onus is on the objector to validate the statements made.
- If the Director so requires, the objector shall provide further particulars of the matters to which the objection relates.
Director may require that notice of any facts or grounds alleged or
submission made be given to the applicant in a particular manner.
objector does not need to reside in the same locality to which the
application relates, however the burden of establishing the validity of
the objection lies on the objector as per section 73(10) of the Act.
The Director may require any objector to verify whether:
person has any direct or indirect pecuniary interest in the refusal of
the application, or any expectation of such an interest;
- any person other than the objector is interested in the lodging of the objection and, if so:
- the name of each such person; and
- where the person is a proprietary company, the names of the directors and principal shareholders; or
- any other matter required by the Director,
on oath or affirmation or by statutory declaration.
How to object to an application
including the public interest submissions, can be viewed on the
Department’s website during the advertised period. Plans associated with
the application can be viewed, without fee, at the Department during
the advertised period.
An objection to an application should be
made by lodging a notice with the Director on or before the last date of
the advertising period set by the licensing authority.
Submitting an objection
Any person may make a submission to the Director of Liquor Licensing in support of or in opposition to an application.
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 should lodge a formal objection.
Submissions must be made in writing (including via email or by post).
Persons may submit their submission using a LLD/18 form.
Documents to be lodged
- Completed Form 17 Notice of Objection
Other information that may be required
- Objection is related to one of the permitted grounds for objection under section 74 of the Act
- Evidence to verify and support the statements made