I'd like more specific information about disturbance complaints relating to licensed premises
What is a licensed premises?
Any premise in which a liquor licence has been issued under the Liquor Act to permit the sale/supply of liquor. Such premises include, but are not limited to, hotels, clubs, licensed restaurants and bottle shops. Many functions and events are also issued temporary liquor licences.
Premises that advertise BYO (bring your own) are not licensed under the Liquor Act and subsequently are not subject to respective legislation.
How is a liquor licence obtained?
An application is made to the Casino, Liquor & Gaming Control Authority (CLGCA) for the relevant class of liquor licence according to the activities proposed. The Office of Liquor, Gaming & Racing (OLGR) supports the Authority in administrative processes. Liquor licence applications are notified on the OLGR website.
What restrictions are licensed premises subject to?
The Liquor Act 2007 primarily regulates and controls the sale, supply and consumption of liquor. Many other Acts also play a respective role.
A liquor licence will dictate hours of trade, identify the approved licensee and may include restrictive conditions applicable to the licence. The majority of liquor licences can by searching the NSW Government Licensing Service website.
Who regulates the activity of established licensed premises?
Many agencies have a role in ensuring licensed premises are compliant. The NSW Police Force, Office of Liquor Gaming & Racing and local Councils all have fundamental roles.
Can residents make submissions when a new liquor licence is applied for?
Yes, residents can provide submissions to CLGCA via the OLGA liquor applications noticeboard. Such submissions must be considered prior to the licence being granted.
Certain liquor applications require the applicant to complete consultation with the local community. Residents may receive a Notice of Intention in their mail boxes. This gives residents an opportunity to review and make comments about the proposed application prior to submission.
Submissions must be provided within specified time frames. This is generally 30 days from the date on which the application is made. The liquor applications noticeboard lists submission close dates.
Where do development approvals (DAs) fit in?
- Councils are the regulatory authority for assessing and determining Development Applications (DAs) but they are not the authority for assessing and determining applications for Liquor Licenses. This means that Council is unable to directly control or regulate the issuing of these licenses, however, Councils can comment on applications. The Office of Liquor, Gaming and Racing (OLGR) website states:
The determination of development approvals under the planning laws for licensed venues and the provisions of submissions by councils to the Casino, Liquor and Gaming Authority, will affect the outcome of liquor licensing applications.
- When Council receives a DA for the "use" of a premises that clearly proposes the sale of alcohol (eg hotel, club, licensed restaurant), it can apply conditions that relate to "planning matters" under state legislation. This may include conditions regulating trading hours, noise from amplified music, and the provision of management plans to reduce negative environmental impacts.
- While Council can impose certain conditions via the DA process, it cannot impose a requirement on a development approval that alcohol cannot be served, as this decision process rests with the CLGCA. Also Council cannot change conditions in a (DA) approval retrospectively. Once an approval is granted, it rests with the land - not any individual - so if one "user" leaves, another can come along and utilise that (DA) consent.
- In some circumstances, the approved use of a premise can change without a development application being submitted to Council. This can occur under State Environmental Planning Policies (Exempt and Complying Development Codes) 2008. This means that a private certifier can issue an approval for a "change of use” (without reference to Council or neighbours) and the proprietor could then apply for a liquor licence.
Can Council make submissions when a new liquor licence is applied for?
Yes, Council can and does make submissions to CLGCA in regards to new liquor licence applications. Considerations include:
- Does the premises have development approval?
- Is the location of the premises appropriate for the sale of alcohol or the type of licence being sought?
- Are the hours of operation being sought for the licence consistent with approved trading hours in the development approval?
- Is the type of licence being sought appropriate to the approved “use” (eg an application for a Hotel Licence for a retail shoe store would not be considered consistent with the use of the premises and Council would lodge a submission to this effect)?
Like any submission, Council's submissions must be considered by the CLGCA before a licence is granted.
Acknowledgment and thanks
Council would like to acknowledge and thank the Licensing Police of the Waverley Local Area Command, and resident representatives for helping with the content of the information on this page.
This page is intended as general information to benefit Waverley’s local communities. We welcome your feedback.
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