Liquor licences are required by law for the majority of Australian business that serve alcohol to customers, and essentially outline when and where liquor can be served. There are different categories of liquor licences, and it is critical that you apply for the correct licence before serving, selling or distributing alcohol at your business.
The most common licences include:
- Restaurant and catering liquor licences;
- General and hotel liquor licences;
- Club liquor licences.
In South Australia, all liquor licence applications are lodged online on the Consumer and Business Services website. To lodge an application, you must create an account on the Liquor and Gaming Portal.
Once you have created an account, you will need to submit the following along with your application:
- A floorplan of the premises you are proposing to serve alcohol from (showing the marked licence area);
- Permission from the landlord (if you do not own the premises);
- A Certificate of Title of the premises;
- Who the ‘authorised person’ for the licence is (typically the director or owner of the company or premises), and/or who the ‘responsible person’ for the licence is (typically a manager or senior employee with an RSA);
- An ASIC Company Extract (if you are applying for a liquor licence as a company);
- A copy of your Trust Document (if the company or individual applying is a trustee);
- A Risk Assessment Management Plan.
Once you have completed your application, you are required to pay a lodgment fee. The fees differ depending on the type of licence you are applying for. Keep in mind that it can take from six to eight weeks for your application to be approved, so this may affect the opening and operation of your business.
There are some circumstances where a liquor licence is not required. Some examples include:
- Events or functions where you do not gain a commercial or financial benefit (such as a party at your house);
- Bed and Breakfast accommodations (in certain situations);
- Hairdressers, barbers and jewellers that supply alcohol to clients;
- Business selling alcohol in conjunction with flowers, confectionery, food or items designed to be a genuine gift to a person (in certain situations).
There are many exceptions to the liquor licencing laws, and we recommend that you seek advice from a solicitor before selling, serving and/or distributing alcohol on a commercial basis.
Hume Taylor & Co are experienced in assisting with applications for liquor licences and can provide you with quality advice specific to your business.
Book an appointment to speak to one of our commercial lawyers by contacting our office today on (08) 8223 3199 or using the chatbox function below.
This blog was researched and written by Associate Christopher Latella.