Liquor Legislation Amendment Act 2015

The first stage of amendments to the Liquor Control Act 1988 came into effect on November 20, 2015.  The following is a summary of the main changes to the legislation:

  • Section 40 – liquor licence applications accepted without s40 certificate being lodged at same time:

    The Director can accept liquor licence applications without local government authority planning approval being provided at the time the application is lodged.  However, the application cannot be determined until the planning approval certificate has been provided by the applicant to the licensing authority, unless the licensing authority determines otherwise.

  • Section 55 – changes to producers’ conditions:

    The changes to a producer’s licence provide more flexibility for the operations of beer and wine producers.  Firstly, they allow wine and beer producers to sell liquor other than their own product if served ancillary to a meal or for tasting purposes.  Secondly, producers can accept telephone and internet orders from a place other than the licensed premises, provided the product is despatched from the licensed premises.  Thirdly, beer producers can sell beer produced on their premises for consumption on those premises between 10am and 10pm.

    Q: Can I automatically sell liquor other than my own product for tastings and ancillary to meals?

    A: If your licence document specifically states that you can only sell liquor that you have produced, you will need to submit an ‘Application to Add, Vary or Cancel Condition of a Licence or Permit’ (Form 11). If your licence does not state this condition, you can immediately start selling/supplying other products for tastings and ancillary to a meal.

    Q: Can I automatically sell my beer on premises for consumption between 10am and 10pm?

    A: If your licence document limits you to selling or supplying your beer on the premises by way of tastings only, you will need to submit an ‘Application to Add, Vary or Cancel Condition of a Licence or Permit’ (Form 11) and possibly a ‘Notice of Application for Approval of Alteration/Redefinition’ (Form 8) to redefine the licensed area. If your licence does not state this condition, you can immediately start selling your beer for consumption within the licensed area.

  • Sections 61A and 116 – Producers’ cellar door outlets:

    A licensed wine producer can now establish a cellar door outlet, either with a collective of producers or on their own, within the same wine region as their production facilities exist.  The same applies to beer producers, as long as the outlet is located in the same local district as the production facilities.

  • Sections 98 and 98A – Extended trading hours for hotels and nightclubs:

    Sunday trading has been extended by two hours for hotels and nightclubs.  This means hotels can trade until midnight on Sundays and nightclubs until 2am Monday morning.  As well as giving more flexibility to those two licence categories, the change also largely removes the requirement for hotels and nightclubs to apply for extended trading permits on long weekends.  This does not apply to those hotels and nightclubs that have restricted hours as a condition on their licence.

  • Section 110 – Removing the offence for carrying drinks across unlicensed areas between licensed areas of the same premises:

    This section of the Act has been amended to allow people to carry liquor across an unlicensed area of the same premises; such as when they are moving from the bar, across a footpath, to an alfresco area.  Similarly, a premises may have licensed areas over a number of floors, but the staircase between the floors are unlicensed.  In this example, the amendment allows people to carry their drinks from one level to another.

  • Section 122A – Making it an offence to supply liquor to juveniles on unlicensed premises without the consent of the juvenile’s parent or guardian:
  • Where a person supplies liquor to a juvenile on an unlicensed premises without the consent of the young person’s parent or guardian, a $10,000 penalty applies.  For example, a 16-year-old attends a party of a friend whose parents are happy for the teenagers to drink and have purchased liquor for that purpose.  Before supplying the teenagers with liquor (other than their own), the host parents must first obtain approval from the parents/guardians of all those juveniles in attendance.

Last updated: 03/02/2017 10:45:15 AM

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