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
Where an application is required to be advertised, any person may object to the application on any ground permitted by section 74 of the Act.
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
- 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 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:
- The 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.
- The Director may require that notice of any facts or grounds alleged or submission made be given to the applicant in a particular manner.
- An 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:
- the 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
Applications, 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.
Making a submission for an application
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 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; or
- Completed Form 18 Submissions in support or opposition of an application.
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