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Department of Justice and Community Safety

LIQUOR LICENCES AND PERMITS

The Business and Industry Licensing Unit is responsible for the administration and regulation of the sale and supply of liquor in the Australian Capital Territory.

Liquor Licences

Getting Licensed

You can apply for a new liquor licence or transfer into an existing licence.

There are five classes of liquor licence as follows:

ON Licence

An On Licence authorises the licensee to sell liquor on the licensed premises for consumption on those premises.

OFF Licence

An OFF Licence authorises the licensee to sell liquor on the licensed premises in sealed containers to persons for consumption away from those premises.

General Licence

A General Licence authorises the licensee to sell liquor on the licensed premises:

(a) for consumption on the premises; and

(b) for consumption away from the premises.

Special Licence

A Special Licence authorises the sale of liquor:

(a) at such times are as specified in the licence other than prescribed times; and

(b) on such premises and in such places, and subject to such conditions, as are specified in the licence.

Club Licence

(1) A Club Llicence authorises the club by which the licence is held to supply liquor on the licensed premises of the club to:

(a) members of the club; and

(b) persons on those premises at the invitation of a member of the club who is present on those premises.

(2) The supply of liquor may be:

(a) for consumption on the premises; and

(b) for consumption away from the premises.

Click here to access application forms for the above licences.

Click here to check application fees.

Alterations of Licensed Premises

When a licence is originally granted, the approval is partly based on the premises being fit and proper and meeting the requirements of the Liquor Licensing Standards Manual.

It is necessary for licensees to seek the approval of the Registrar of Liquor Licences for any alterations to the premises before those alterations are undertaken. It is an offence for a licensee to undertake alterations of the licensed premises without approval. Penalty: Body Corporate 250 units; any other case 50 units.

Where the alterations proposed are not of a structural nature, the Registrar may be able to approve them as alterations to fitments. However, where the alterations are more substantial or involve structural amendments, a formal application for alteration of the premises will need to be completed. The Registrar's approval is required in addition to any other approvals that may be necessary for thh proposed work e.g. building, plumbing or fire.

An application form for 'Alterations of Licensed Premises' is available on-line. For a copy of the form, click here, or contact the Registration and Client Services Unit on 6207 0562. Application forms are also available from the Shopfront, Business and Industry Licensing Unit.

Liquor Permits

Liquor permits are issued to individuals and organisations for functions and entertainment e.g. office happy hours, sporting events and one-off social events.

A liquor permit authorises the holder of the permit to sell liquor, in open containers for consumption at the function, during the period and at the place specified in the permit. It should be noted that an open container is one which is not able to be resealed.

Matters considered in the approval process include:

  • the proposed function or entertainment
  • the quantity of liquor relative to the number of people attending;
  • the applicant and the public interest; (2 points?) and
  • the adequacy of toilet facilities.

Permits are not issued where it is appropriate that a liquor licence be issued.

Permits are not issued for the sale of packaged/take away liquor.

Further information is available in the information bulletin - IB Supply and Sale of Liquor - Permit and detailed information is contained in Chapter 5 of the Liquor Licensing Practice Manual.

Applying for a permit

Application forms are also available from the Shopfront, Business and Industry Licensing Unit or you can call 6207 0562 and ask for a form to be sent to you. Applications are generally processed at the time of lodgement unless the application requires further investigation. (see below where one clear working day is required)

Applications for liquor permits must be lodged, together with the relevant fee at the Office of Regulatory Services, Business and Industry Licensing Unit, 255 Canberra Avenue Fyshwick. You must complete all relevant boxes on the application form for each event. You may apply for multiple dates or events on the one application form but there is a maximum of 20 entries for any one permit. You should allow one clear working day for the Business and Industry Licensing Unit to prepare the liquor permit and have it approved and issued. A liquor permit will allow you to sell or supply liquor to persons over 18 years of age for consumption at the event.

Licensee Obligations

The Liquor Act 1975 imposes obligations on licensees in relation to the sale and supply of liquor. Some of the important obligations relate to:

  • Responsible Service of Alcohol
  • Underage Drinking
  • Intoxicated Persons
  • Overcrowding of Licensed Premises
  • Standards of Premises

The object of the Act is to promote and encourage responsibility in the sale and consumption of liquor. Training courses are conducted by the CIT and QUEST and licensees are encouraged/must ensure that staff undergo appropriate training.

Premises are required to meet the standards as set out in the Licensing Standards Manual. (link)

Frequently Asked Questions

 

1. Do licensees have to provide tap water free of charge?

Yes. Liquor licensees of premises where liquor is consumed on the premises (i.e. ON, General, Club and some Special licences) must supply tap water free of charge. This is a requirement of the Licensing Standards Manual, clause 43. A licensee may charge for iced water etc. provided that tap water is free.

2. What is a licensee refuses to provide tap water free of charge?

The customer may make a written complaint to the Registrar of Liquor Licences. This is a matter which may be referred to the Liquor Licensing Board. If the Board is satisfied that the licensee failed to comply with the requirement of the Liquor Act (and the Licensing Standards Manual), it may issue a direction to the licensee, including the imposing of a monetary penalty (a fine), or may reprimand the licensee or suspend or cancel the licence.

3. Do licensed premises have to open on a public holiday?

FIrstly, an important definition (section 120 of the Liquor Act 1975)

"non-trading day" means

(a) a public holiday; or

(b) a Sunday; or

(c) [a day which has been approved by the Registrar as a non-trading or closure day]

In the case of (c) above, many restaurants do not open on Mondays, some also on Tuesdays etc.

"On" licences - shall open on days that are not "non-trading days", must have one bar-room open for an aggregate of not less than 6 hours (or the period specified in their application or any later apprvoal by the Registrar).

"General" licences - shall open on days that are not "non-trading days", must have one bar-room open between noon and 8pm.

"Special" licences (where liquor is consumed on the premises) - comply with the trading hours and days specified in the conditions of the licence. As a rule they will not be required to trade on a "non-trading day". They should check their respective licences for details.

"Club" licences - no requirement to open or close on any particular days. It is their option.

"OFF" licences - no requirement to open or close on any particular days. It is their option.

4. What are the maximum trading hours?

Where liquor may be consumed on the premises (i.e. ON, General, Club and some Special licences) - cannot trade in liquor between 4am and 7am daily. If licensee notifies the Registrar, this period can be moved back so they cannot trade in liquor between 5am and 8am daily.

Where liquor is sold for consumption off the premises (i.e. takeaways) (i.e. OFF, General, Club and some Special licences) cannot trade in liquor between 11pm and 7am daily.

These hours are specified in the Liquor Regulations.

5. What are the trading hours for Easter?

See 3 and 4 above. They do not need to open on a public holiday or a Sunday. Therefore, they are not required to open on Good Friday, Easter Sunday or Easter Monday. Technically Easter Saturday is not a public holiday and, therefore, a licensee should trade if that is a normal business day for the licensee. In practice we do not worry about it. They should display a sign to say they are closed on the relevant days.

6. What are the trading hours for Anzac Day?

See 3 and 4 above. It is a public holiday. In addition, licensees wehre liquor is sold for consumption on the premises (excludes OFF licences) may trade in liquor for the whole day. This means they can trade from 7am (or 8am where Registrar has been notified) on 24 April through until 4am (or 5am where the Registrar has been notified) on 26 April.

 

Further Information

Legislation

Fair Trading Act 1992

Fair Trading (Consumer Affairs) Act 1973

Liquor Act 1975

Licensing Standards Manual

Sale of Goods Act 1954

Trade Measurement Act 1991

Trade Measurement (Administration) Act 1991

 

Application

 

Fees and Charges

 

Industry Organisations / Related Links

Australian Hotels Assocation - ACT Region
PO Box 4286
MANUKA ACT 2603
Telephone:
Website:

 

Licensed Clubs' Association of the ACT
PO Box 4579
KINGSTON ACT 2604
Telephone:
Website:

 

Restaurant and Caterers Association
PO Box 4678
KINGSTON ACT 2604

Liquor Stores Assocation of New South Wales
20 York Street
SYDNEY NSW 2000

 

Office of the Liquor and Gaming Commissioner SA

Office of Racing, Gaming and Liquor WA

Liquor Administration Board NSW

Liquor Licensing Victoria

Northern Territory Liquor Commission

Qld Department of Tourism and Racing - Liquor Licensing Division

 

 

Queensland Liquor Licensing Division

Office of Racing, Gaming & Liquor Western Australia

Northern Territory Liquor Commission

liquor Licensing Victoria

Office of Liquor & Gaming Commission South Australia