Approval of a Person

Changes to liquor licensing > Approval of a person


Below you will find information and forms to apply for person approvals under the Liquor Licensing Act 1997.

When a licence is granted, all:

  • licensees; or
  • directors and shareholders of a licensee company
  • beneficiaries of trusts connected to a licensee

are required to seek the approval of the licensing authority.

The licensing authority will not approve a person as a licensee, director or shareholder unless satisfied that the person is fit and proper. To determine whether a person is fit and proper, applicants are required to complete a Personal Information Declaration (PID) form (PDF 410KB).

When completing the Personal Information Declaration, a person will be required to provide details of all convictions (including summary and traffic convictions) and creditworthiness details. Matters such as a person’s reputation, honesty, integrity, creditworthiness and the person’s known associates will also be considered.

The information provided to the licensing authority will remain strictly confidential.

Position of authority in a corporate structure or trust

Licence holders must apply for approval for a person to assume a position of authority within their corporate structure or trust. To assume a position of authority without the approval of the licensing authority is an offence.

All persons receiving profits or proceeds from the business must also be approved.

Positions of authority include;

  • directors and shareholders, including where a shareholder is a body corporate
  • trustees and beneficiaries of the trust associated with the licensed entity
  • any person in the corporate structure which exercises influence or control over the business.

The licensing authority does not need to be notified if an approved person in a position of authority changes position within the same corporate structure, eg. CEO to Director, beneficiary to shareholder.

Minors who are shareholders in a proprietary company, or beneficiaries under a trust do not need approval.

Further information on persons requiring approval (PDF 181KB)

How to apply

  1. Complete the Position of authority – approval application (PDF 80KB) and include the relevant fee (PDF 130KB).
  2. Attach a completed Personal Information Declaration (PID) (PDF 410KB) to your application for each person who is not currently approved. Should a person have an existing approval under the Act eg. responsible person or approval to receive profits, a form is required to be completed and lodged with the appropriate fee. However a PID will not be required, unless their circumstances have changed since their last approval.
  3. Lodge the application form and PIDs (where applicable) with Consumer and Business Services (CBS):

In person
Customer Service Centre
91 Grenfell Street
Adelaide

By post or courier
Licensing Branch
GPO Box 2169
ADELAIDE  SA  5001

Scan and email: liquorandgaming@sa.gov.au

Download responsible person factsheet (PDF 410KB)

Who is a responsible person?

Under the Liquor Licensing Act 1997, licensed premises must be personally supervised and managed by a responsible person at all times when the premises are open to the public.

An approved responsible person can be either:

  • A licensee
  • An approved director of a licensee company who is also approved as a responsible person
  • An approved shareholder of a licensee company who is also approved as a responsible person
  • The licensee can appoint another person as a responsible person who is not a licensee, director or shareholder, to manage and supervise the business.

If a director or shareholder wishes to be approved as a responsible person, they will also need to be approved in that capacity.

A person seeking approval as a responsible person needs to satisfy the licensing authority that they are a fit and proper person and will need to complete a Personal Information Declaration (PID) form (PDF 410KB).

On the PID form, a person will be required to provide details of all convictions (including summary and traffic convictions) and credit details. Matters such as a person’s reputation, honesty, integrity, creditworthiness and the person’s known associates will also be considered.

The information provided to the licensing authority will remain strictly confidential.

Note: An approval of a person under the Liquor Licensing Act 1997 as a responsible person only authorises the person to supervise and manage the liquor operations of the business. It does not authorise the person to supervise and manage the gaming operations of the business – this requires a separate approval as a gaming machine manager or a gaming machine employee under the Gaming Machines Act 1992.

Responsible persons training requirements

The licensing authority must be satisfied that a person has the appropriate knowledge, skills and experience to manage and supervise the business. Please refer to the Commissioners General code of practice (PDF 26KB) for required training and practices.

In South Australia, training providers are registered by the Department of Further Education, Employment, Science and Technology. Once registered, provider details are recorded on www.training.gov.au, being the official national register of information on training packages, qualifications, courses, units of competency and Registered Training Organisations (RTOs).

Information on www.training.gov.au is maintained by the Registration and Course Accreditation Bodies (RCABs) and the Industry Skills Councils (ISCs).

To search for RTOs offering training in responsible service of alcohol, liquor licensing laws and gaming, please visit www.training.gov.au

Requirement to wear an identification badge

A responsible person approved by the licensing authority will be issued with a photo identification badge indicating that they are approved as a responsible person under the Liquor Licensing Act 1997.

The approved responsible person must wear the issued identification badge at all times while on duty. Badges must be worn in a prominent position. It is suggested that they be worn at breast pocket height.

The applicant

A person can not apply on their own behalf to become an approved responsible person, they will need a licensee to apply for them.

Once approved, however, the approval will apply industry-wide meaning the person can be a responsible person at any licensed premises without further approvals being required.

Application forms

Crowd controller for licensed premises

Under the Liquor Licensing Act 1997 a crowd controller must be approved to act as a crowd controller for licensed premises.

An approved crowd controller under the Security and Investigation Industry Act 1995 with the licence condition/endorsement ‘security agent restricted to crowd control work as an employee’ may make an application to the Commissioner to be approved to act as a crowd controller for licensed premises.

A person seeking approval as a crowd controller for licensed premises needs to satisfy the licensing authority that they have the appropriate knowledge, experience and skills. If an applicant for approval does not have the appropriate knowledge, experience and skills they may be approved subject to a condition on the approval that the person undertake specified accredited training within a specified time of obtaining the approval.

Once approved the licence holder will receive a new security licence with the condition/endorsement – Approved to act as a crowd controller for premises licensed under the Liquor Licensing Act allowing them to act in that capacity.

Use of force by approved crowd controller

An approved crowd controller must not use force to remove a person from licensed premises except under the direct supervision of the licensee or the responsible person for the premises.

Crowd controller training requirements

If the licensing authority determines the applicant undertake training, a nationally accredited training course in responsible service of alcohol will need to be completed.

Application form

Person approvals for a club licence without a gaming machine licence

Approval of committee members

When a club licence is sought all current elected members of the management committee are required to seek the approval of the licensing authority as a committee member under the Liquor Licensing Act 1997.

Committee members need to satisfy the licensing authority that they are fit and proper persons to be in a position of authority. The results of a police check and creditworthiness will be taken into consideration.

Application for change of committee for a club

When the composition of the committee of a licensed club changes, the club must make application to the Commissioner for the approval of the new committee members as persons in positions of authority. To do so the club must complete an application for change of committee for a club form and pay an application fee for each new person being approved. This fee does not apply to limited club licences (513 prefix).

In determining the fitness and propriety of the new committee members, the names of these committee members will be forwarded to SAPOL to conduct police criminal history checks. Approval will be subject to the Commissioner not receiving information from SAPOL indicating that a committee member is not fit and proper.

Application forms

Approval of committee members (liquor and gaming)

When a club licence is sought all currently elected members of the management committee are required to seek the approval of the licensing authority as a ‘committee member’ under both the Liquor Licensing Act 1997 and the Gaming Machines Act 1992.

Committee members need to satisfy the licensing authority that they are fit and proper persons to be in a position of authority and will need to complete a Personal Information Declaration form and have fingerprints taken. The results of a police check and creditworthiness will be taken into consideration.

Personal Information Declaration Form (PID)

The licensing authority will not approve a person as a committee member unless satisfied that the person is fit and proper. To determine whether a person is fit and proper, applicants are required to complete a Personal Information Declaration (PID) form (PDF 410KB)

When completing the PID, a person will be required to provide details of all convictions (including summary and traffic convictions) and creditworthiness details. Matters such as a person’s reputation, honesty, integrity, creditworthiness and the person’s known associates will also be considered.

The information provided to the licensing authority will remain strictly confidential.

Person approvals under the Liquor Licensing Act, 1997

Supervising and managing the liquor operations of the club

An approved responsible person must supervise the liquor operations of the club at all times when it is open to the public. Usually only one responsible person is required to be on duty at a time.

An approved responsible person can be either:

  • A committee member who is also approved as a responsible person
  • Another person approved by the licensing authority

The club can appoint another person who is not a committee member to manage and supervise the liquor operations of the business. This person must be approved by the licensing authority.

A person seeking approval as a responsible person needs to satisfy the licensing authority that they are a fit and proper person to hold a licence and will need to complete a ‘Personal Information Declaration’ form. In addition to the matters listed above, a person’s relevant knowledge, skills and experience will be taken into consideration.

If the licensing authority is not satisfied that the person has the relevant knowledge, skills or experience at the time of the application, then approval will be subject to the person undertaking specified training by a particular date, usually within three months of approval.

Note: If a committee member wishes to be approved as a responsible person, they will also need to be approved in that capacity.

Application forms