What constitutes a sale
The Liquor Control Act 1988 defines a sale as:
- Agree or attempt to sell;
- Offer or expose for the purpose of selling;
- Send, forward or deliver for sale or on sale;
- Barter or exchange;
- Dispose, by lot or chance or by auction;
- Supply, or offer, agree or attempt to supply;
- In circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or
- Gratuitously, but with a view to gaining or maintaining custom or other commercial advantage; or
- Authorise, direct, cause or permit to be done any act referred to in this definition, and includes, in relation to a club, supply to or the order of members otherwise than by way of sale, but does not in relation to any class of licence include
the provision of a free sample authorised by this Act.
It is an offence to sell liquor without a relevant licence issued under the Act. A conviction for selling liquor without a licence carries a penalty of up to $20,000 per offence.
Examples of a sale
- Liquor sold or supplied at an event.
- Liquor supplied at an event where an entry fee is charged to the patron.
- Where a limousine is hired out and includes liquor as part of the hire cost.
Which entity type are you?
Section 35 of the Act provides for the entity types who may apply for an occasional licence. An application can be made by-
Natural Person: A natural/individual person may apply for the application if they intend to be solely responsible for the licence including purchasing the liquor themselves and retaining the proceeds. If you are the approved manager,
volunteer or an employee assisting with the application, please refer to the other entity types below as the application must be made in the name of the entity who is ultimately in control and will retain the proceeds from the sale and supply of liquor.
For example, you are an approved manager at a local football club who is responsible for organising a fundraising event on behalf of the club. All proceeds from the sale and supply of liquor are retained by the club. In this case the club
would be the correct applicant entity.
Partnership: Where two or more entities are responsible for the conduct of the licence and intend to share proceeds from the sale and supply of liquor. Please note, all parties under this category will be jointly and severally liable
in respect of any civil or criminal liability that attaches to the licensee.
Body Corporate: A legal entity such as an association, company, government agency, or institution identified by a particular name.
Unincorporated Body: A group or committee of like-minded individuals who are not registered as a legal entity but are instead represented by an individual person. You will be required to nominate a natural person as a trustee to hold
the licence on its behalf
Occasional liquor licence categories
There will be seven event categories to select from when completing the application. It is important to select the category which aligns with your event. This will ensure the relevant information is requested.
- Charter Boats and Raft-ups – Select this category for a one-off licensed event held on a vessel;
- Event involving Liquor Exhibitors –This category is appropriate when the proposed event includes stall holders/exhibitors seeking to sell and supply liquor;
- Music Concert/Live Performance – Select this category for events featuring live entertainment such as a concert;
- Quiz Nights, Fundraisers, Sporting or other small functions – This category is self-explanatory, however it is encouraged for any other small function under 500 patrons;
- Wetmess Canteen – Select this category to sell and supply liquor at a remote site for workers and their guests; or
- Other – Any other scenario which does not fit into the above categories.
When applications must be lodged
The time frame required for the licensing authority to process the application before the commencement of the event depends on the number of patrons anticipated to attend.
|Number of patrons at the event||Lodge no later than|
|Up to 500 patrons||14 days|
|Between 501 and 5000 patrons||30 days|
|Over 5001 patrons||60 days|
If your application is lodged outside of these times you will not be able to proceed without contacting the licensing authority. See exemptions for late applications below.