Page title

Intro

On this page

Tags

Purpose

Before granting a liquor licence, the Director of Liquor Licensing (DLL) must be satisfied that a premises is (or will be, if not yet built) of a sufficient standard to be suitable for the proposed business1.

When determining the required standard of the premises, the DLL will consider the class of licence or permit sought, the usual requirements of customers of that type of venue and that it will comply with relevant planning laws2. The DLL also requires that once licensed, the premises is maintained at a standard that is reasonable, given the class of licence, the locality, and the expectations of the public3.

Premises standards that must be met for a licence to be granted

For the DLL to be satisfied that a premises is suitable for the proposed purpose, it must:

  • meet the requirements of all written laws4
  • be fit for the proposed purpose
  • be designed so that patrons and the surrounding neighbourhood are not inconvenienced5. For example, there must be enough toilets, adequate control of the outside areas and sound proofing sufficient for the expected levels of noise.

To assist the DLL in deciding whether the proposed premises is suitable, an application for a liquor licence must include a floor plan that is to scale and allows assessment of the premises6, depicting:

  • the extent of the proposed licensed area
  • fit out details
  • all entries and exits
  • the uses of all areas/rooms.

This plan will assist in the assessment of the application, and if the licence is granted will be used to define the licensed area for the premises.

As a minimum, licensed premises must meet the requirements of all relevant written laws, whether they are set at the national, state or local government level. For example, depending on the proposed type of business7, a premises would need to comply with the:

  • National Construction Code 2022
  • Food Safety Standard 3.2.2 (for example, licensees must adhere to its hygiene standards for food preparation and dishwasher performance)
  • Health Act 1911
  • Food Act 2008
  • Health (Public Buildings) Regulations 19928 (for example, these regulations set fire safety standards that will apply to licensed premises)
  • Environmental Protection (Noise) Regulations 19979 (for example, licensees must ensure that the noise emitted from the premises does not exceed the levels permitted by these regulations).

Once a licence has been granted

Licensees must ensure that the premises is maintained at a standard that is reasonable, given the class of licence, the locality, and the expectations of the public10. The DLL considers this to mean that the premises must continue to meet the requirements of all relevant written laws, be fit for the proposed purpose and not unduly inconvenience patrons or the surrounding neighbourhood.

For example, this means that:

  • a restaurant should have kitchen facilities suitable for the preparation of meals
  • a licensed premises in an area with nearby residents should have sufficient sound proofing to not cause a nuisance
  • the entry and exit of a tavern should be well lit at night, for the safety and convenience of its patrons.

In addition, regardless of the type of liquor licence, every licensed premises must be kept in good repair and be clean and hygienic.11

If the DLL determines that it is in the public interest to do so, the DLL may require the licensee or owner of the licensed premises to remedy any inadequacy or unsuitability of the licensed premises, in a specified manner and timeframe.12

If the licensee does not comply, the DLL may require the owner of the premises to undertake the specified action13, and a penalty of up to $1000 per day may be imposed if the licensee or owner fails to comply.14 Whether or not the penalty is payable, the DLL may initiate disciplinary action by referring a complaint to the Liquor Commission.15

Grounds for disciplinary action in relation to the licensed premises include that the premises:

  • is in disrepair16 or an unsatisfactory condition17
  • has been altered without the prior approval of the DLL18
  • contravenes a written law in relation to planning, building, health, or safety19
  • has not been repaired, put into a hygienic condition or altered, as directed by the DLL20 under section 99 of the Liquor Control Act 1988, or a penalty under that section remains unpaid at the due date21.

Additional guidance

Further information is available at Liquor applications | DLGSC, or telephone 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Approval

Lanie Chopping
Director of Liquor Licensing

3 February 2025

References

  1. Liquor Control Act 1988 (LC Act) s37(1)(f).
  2. LC Act s33(7) sets out that these are ‘amongst the matters’ that the DLL is to give consideration to.
  3. LC Act s99.
  4. LC Act 37(2).
  5. LC Act s37(3)(a) and s38(4)(c).
  6. LC Regs, reg 11
  7. Premises involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws.
  8. Licensed premises, and in some cases parts of licensed premises, may be classified as public buildings, in which case they will be subject to the requirements of the Health (Public Buildings) Regulations 1992.
  9. Nightclubs, clubs (including restricted clubs) and entertainment/function areas of licences of any other class will need to meet these requirements.
  10. LC Act s99(1)(a).
  11. LC Act s99(1)(b).
  12. LC Act s99(3).
  13. LC Act s99(6).
  14. LC Act s99(7).
  15. LC Act s95(5)(a).
  16. LC Act s95(4)(c)(i).
  17. LC Act s95(4)(c)(ii).
  18. LC Act s95(4)(c)(iii).
  19. LC Act s95(4)(c)(iv).
  20. LC Act s95(4)(d).
  21. LC Act s95(4)(n).
Page reviewed 20 January 2025
Was this information helpful?
Do not check this box if you are a human.