Have you wondered if you need a liquor licence for the supply or
sale of alcohol? Read on to find out if your business is aware of
its obligations in complying with relevant liquor laws.
Who needs a liquor licence?
The sale of liquor in NSW generally requires a liquor licence.
Bed and Breakfasts, retirement villages, nursing homes, hospitals,
or sales by a not-for profit, are generally exempt, provided that
each person involved in the sale or supply of liquor has completed
an approved Responsible Service of Alcohol (RSA) course and holds a
recognised RSA Certificate.
Are you eligible to be a licensee?
Prior to granting a liquor licence the Independent Liquor and
Gaming Authority (ILGA) must consider the following:
Is the applicant a 'fit and proper person'?
As of 15 December 2014, ILGA must determine whether an applicant
can demonstrate that they are a 'fit and proper person'
before granting a licence. Considerations include:
Whether the prospective licensee is of reputable character,
displaying honesty and integrity and;
Whether the prospective licensee is competent to uphold the
responsibilities of the business.
The ILGA assumes that an applicant is not a 'fit and proper
person' if there are reasonable grounds to believe, based on
information provided by the Commissioner of Police, that the
is a member of, or
is a close associate of, or
regularly associates with one or more members of a declared
organisation within the meaning of the Crimes (Criminal
Organisations Control) Act 2012, and that the relationship would
create reasonable suspicion of improper conduct and likely further
criminal activity if the licence is granted.
Does the applicant pass the National Criminal History
An essential part of any Liquor Licence application is a
National Criminal History Check which helps the ILGA to determine
if the applicant is a 'fit and proper person.'
What is the role of a Licensee?
Being a Licensee brings great responsibilities, including:
having a valid Responsible Service of Alcohol Certificate
making sure staff hold a current Responsible Service of Alcohol
being able to produce competency cards of staff when asked to
by Police or Compliance Officers
ensuring staff practise responsible service of alcohol
making sure the premise doesn't operate contrary to the
licence granted (such as operating within trading hours and abiding
by 'lock outs').
What type of Liquor Licences can be applied for?
There are currently seven liquor licence categories in New South
Wales. The most common types are:
Hotel Licences, providing your conditions
allow for it, can permit the sale of takeaway or packaged liquor.
Premises with this licence must be open to the public during
standard hours – 5.00am to midnight, from Monday to Saturday,
and 10.00am to 10.00pm on Sundays, however an extension of hours
may be granted.
Small Bar Licences allow for alcohol to be
sold and consumed on the premises with a maximum of 60 patrons
permitted on the premises during liquor trading hours. Standard
trading hours for a small bar premises are midday to midnight.
Subject to additional conditions, these hours may extend from
10.00am to 5.00am.
Packaged Liquor Licences allow the sale of
takeaway liquor, with or without charge, and simultaneously
prohibit consumption on the premises. Standard trading hours are
5.00am to 10.00pm, from Monday to Saturday, and 10.00am to 10.00pm
on Sundays. Extended trading hours may be permitted for Sundays
only, allowing sale of liquor from 5.00am to 10.00pm. Liquor sales
are prohibited Good Friday and Christmas Day.
On-premises Licences cater for a variety of
venues including function centres, restaurants, public
entertainment venues, on-board vessels and tertiary institutions.
This type of licence is flexible and can be modified to suit the
needs of the business. Standard trading hours for an on-premises
licence are 5.00am to midnight, from Monday to Saturday, and
10.00am to 10.00pm on Sunday. Extended trading hours may be granted
at the discretion of ILGA.
What are the most common types of liquor licence
Infringements under the Liquor Act NSW 2007 vary in the degree
of punishment for the licensee. The most common breaches (and
related penalties) are:
acting contrary to License obtained - 100 Penalty units -
permitting intoxication and violent incidents in venue - 100
penalty units - $11,000
allowing employees to supply/sell alcohol to intoxicated
persons - 100 penalty units -$11,000
permitting sale of prohibited drugs or plants - 50 penalty
units - $5,500
sale/supply of alcohol to a minor – 100 penalty units -
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Differences in the expectations of suppliers and customers regarding the development of bespoke software, frequently lead to disputes regarding development timeframes, scope, cost, and intellectual property ownership.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).