Intro
Effective date: 22 January 2008 Last amended: 3 October 2018 Next review: March 2021
This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
Section 41A of the Liquor Control Act 1988 (“the Act”) provides for the grant of a small bar licence.
This publication provides guidance as to the intent of small bar licences and the legislative requirements associated with them. It also provides guidance as to other matters that the licensing authority may have regard to when considering applications for small bar licences.
To support the intended purpose, the Act provides that a small bar licence is subject to conditions:
** A lesser accommodation number may be imposed, subject to any condition that may be set by the local government authority on planning approvals.
Further, in keeping with the philosophy of promoting more vibrant, lower risk, wine bar/bistro style drinking environments, and consistent with the primary objects of the Act relating to harm minimisation and the proper development of the liquor, tourism and other hospitality industries in the State, conditions may also be imposed on the licence relating to the:
The permitted hours under section 98AA of the Act for a small bar licence are:
Section 100(2a) of the Act requires that an approved manager must be present at the licensed premises at any time when business is conducted at those premises. In this regard, a licensee may chose to employ a number of approved managers.
For further information on the requirements relating to approved managers, please refer to the Director’s policy Managers at Licensed Premises.
The Act imposes mandatory training requirements on licensees, approved managers, supervisory/bar staff and crowd controllers1 in relation to the management of licensed premises and the responsible service of alcohol. There is also a requirement for licensees to maintain a training register that records employee information and their training compliance.
For further information on the mandatory training requirements and the register, please refer to the Director’s policy Mandatory Training.
Water suitable for drinking must be provided free of charge at all times when liquor is sold for consumption on the premises.
For guidance on the minimum requirements in respect of this condition, please refer to the Director’s policy Provision of Free Drinking Water.
The licensee is required to maintain a register of the incidents, of the prescribed kind, that take place at the licensed premises.
For guidance on the minimum requirements in respect of this register, please refer to the Director’s policy Incident Registers.
Applicants for a small bar licence must lodge with the Department certain statutory information prior to an application being considered.
To assist applicants in lodging their application, an application kit containing a lodgement guide, forms, and an information bulletin, is available from the Department’s website.
Further, customer services staff are available at any time during office hours to assist applicants understand the legislative requirements relating to the lodgement of an application. Telephone 61 08 6551 4888.