Liquor Licensing in New South Wales is administered by the Department of Gaming & Racing, the Liquor Administration Board and the Licensing Court.
Common Types of Licences
Caterer's Licence - this licence is required for premises where functions are held and liquor is served and also when a caterer serves liquor with food at a function.
Function Licence - a temporary or permanent licence can be obtained from the Licensing Court for liquor to be sold at special events.
Hotelier's Licence - this licence entitles the holder to sell liquor on premises with a retail shop and with the Court's approval can trade up to 24 hours a day.
Nightclub Licence - before a nightclub licence is granted, the applicant will need to obtain approval from the local authority such as the local council for the premises to be used as a place for public entertainment. The licence also has certain conditions attached to it if meals are also served at the premises.
Retail (Off-Licence) - the public can purchase liquor for consumption away from the premises.
Wholesale (Off-Licence) - this allows the holder to supply liquor to other outlets where liquor is sold or consumed.
Motel (On-Licence) - this allows the guest of a motel (without a licensed restaurant) to purchase and consume liquor in their motel rooms.
Restaurant (On-Licence) - the licensee is allowed to sell liquor to the diners for consumption with the food served at the premises. If the restaurant has a reception area endorsed on the licence then liquor can be consumed in that area before or after the meal. For a restaurant to serve patrons who wish to drink liquor without a meal a dine-or-drink authority is required. A licence is not required for restaurants offering BYO.
Basic Requirements
Education - any applicant for a liquor licence must complete one of the courses approved by the Liquor Administration Board. The course provides an understanding of the trading requirements as well as the relevant liquor laws.
Harm Minimisation - the licensee or the applicant is required to have in place responsible service of alcohol practices so as to minimize the harm associated with the misuse and abuse of liquor, e.g., violence and other anti social behaviour.
Signage - the liquor laws require certain signage to be displayed at appropriate or prominent places on the premises where liquor is sold, supplied or consumed.
Application
New Licence - if the business is new, then an application can be made to the Licensing Court for the issue of a new licence subject to all the necessary requirements having been met.
Transfer of Existing Licence - if there is an existing business, then the purchaser of the business will need to have the appropriate licence transferred to the purchaser at the time of settlement of the purchase of the business
For comprehensive legal assistance with Liquor Licensing, please contact LAC Lawyers.
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Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email