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This factsheet explains what a proceeding before the Director of Liquor Licensing (DLL) is, and how it might be conducted.
As a licensing authority under the Liquor Control Act 1988 (LC Act) the DLL can determine applications or other matters under that Act. For example, the DLL could consider whether an application for a liquor licence should be granted, or whether an offence has occurred in a licensed premises.
If the DLL requires that an application be advertised, the advertisement must include a statement that objections to the application should be lodged with the DLL by a specified date.
Objections to an application can be lodged by any person1 on one or more of the following grounds, namely that the grant of the application would:
Anyone objecting to the application has to prove that their objection is valid.4
Certain parties may intervene in proceedings. An intervention must be made in a written notice setting out the nature of the proposed intervention.5 A person who intervenes may become a party to the proceedings.6
The following parties may object to,7 or intervene in proceedings before the DLL:
An objection9 or intervention10 must be made within the time set out in the advertisement unless the DLL has permitted otherwise.
The people who objected11 or intervened become parties to the proceedings. The applicant will receive a copy of the objections that were lodged. Each of the parties to proceedings will have a reasonable opportunity to:
A party to proceedings may appear:
The DLL will often determine matters on the basis of written submissions but can choose to determine the matter at a conciliatory conference, teleconference or formal hearing. The DLL will give the applicant and other parties notice if a live or virtual hearing will be conducted, so that parties may attend and be heard.14 All evidence and submissions that parties intend to rely on should be filed and served by the lodgement dates given by the DLL.
Hearings before the DLL will generally be in private, and the DLL will determine who is to be present. However, the DLL may consider that in the circumstances of the case it should be in public.15
The DLL is to act without excessive formality and may:
The DLL is:
The DLL will determine how a matter is to be progressed. For example, a conciliatory conference may be held to resolve issues or objections. Or a pre-hearing conference may be held to review the documentation submitted, set a date for the hearing and make ancillary orders to facilitate it. If a hearing is held the DLL will consider matters such as the taking of sworn evidence, calling of witnesses and the examination and cross examination of witnesses. Parties to proceedings will be advised in advance how the DLL wishes to progress the matter.
After the DLL has made a decision, each party to proceedings will receive written notice of it, which also sets out their right of review.19 The right of review is in section 25 of the LC Act and allows a party to proceedings who was dissatisfied with the decision to apply to the Liquor Commission for a review. Note that some decisions of the DLL cannot be reviewed by the Liquor Commission, such as those relating to occasional licences or most extended trading permits.
The notice of the decision which is sent by the DLL might include the reasons for the decision but does not need to. If it does not, a party to proceedings may request the DLL to provide these to them, if the request is made within 28 days, or a longer period if allowed by the DLL.20 On such a request, the DLL must provide the party to proceedings with written reasons for the decision.
Further information on licence requirements is available, or contact 61 8 6551 4888.
The factsheet 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.