A Local Government Authority's town planning scheme serves as the most important tool in shaping a community's liquor environment outside of the Liquor Control Act.
In essence, the Department of Racing, Gaming and Liquor supports local government authorities shape the way liquor is sold and supplied in their communities.
An application for a liquor licence can't be approved by the Department if local government planning approval has not been granted.
In accordance with sections 39 and 40 of the Act, an applicant for a licence is required to submit local government certificates demonstrating compliance with:
- the Health Act;
- the Local Government Act;
- the Local Government (Miscellaneous Provisions ) Act;
- any other written law relating to sewerage and drainage; and
- specific town planning scheme matters.
Section 39 and 40 certificates apply to:
- the granting or removal of a licence;
- the altering or redefinition of a venue;
- an application for an alfresco area; and
- applications for 'liquor without a meal' permits.
The licensing authority has the discretion to waive the requirement for a local government certificates to accompany an application during the licensing process.
However, an applicant would still have to obtain the relevant approvals from the local government authority prior to proceeding with any development and the applicant is still bound by local government authority health and planning requirements.
It is for these reasons and for consistency across government, that the licensing authority does not exercise its discretion to waive the requirement.
Local government's make the first determination in the usage of land, such as alfresco areas and footpaths, for licensed premises.
All local government bodies assist the Department of Racing, Gaming and Liquor uphold the Liquor Control Act when required, and inform the Department when a licensee is prosecuted and convicted of breaching local government regulations.
Applications for Certificates of Local Health Authority and Local Planning Authority are available here: