LIQUOR LICENSING > CLUB LICENCE
A club licence authorises the sale and supply of liquor for consumption on the club’s licensed premises.
The licensee is also permitted to sell liquor:
- for consumption on the licensed premises in accordance with Section 36 of the Liquor Licensing Act 1997 and any Extended trading authorisation.
- at any time in a designated dining area to a diner for consumption in that area with or ancillary to a meal provided by the licensee
- at any time in a designated reception area to a person attending a reception for consumption in that area
If Consumer and Business Services is satisfied that the members of the club cannot obtain liquor from any other source than the club, the following conditions may be added to the club licence authorising the club:
- to sell liquor at the club on any day (except Good Friday and Christmas Day) to a club member for ‘carry-off’ from the club
- to sell liquor at any time through direct sales transaction to members of the club. The liquor must be delivered to an address in South Australia and must be delivered during the club’s authorised ‘carry-off‘ trading hours on any day (other than Good Friday or Christmas Day).
For more information see Clubs fact sheet (PDF 130KB).
Holding a club licence
A club licence can generally only be held by a body that is a non-profit association incorporated under the Associations Incorporation Act 1985.
However, in certain circumstances, a licence may be granted to a trustee if the association is unable to become incorporated or it is inappropriate to require the incorporation of the association.
The permitted trading hours under a club licence are as follows:
- Monday to Saturday between 5 am and midnight.
- Sunday between 11 am and 8 pm; or if the Sunday is New Year’s Eve, between 11 am and midnight.
- New Year’s Day between the hours of midnight and 2 am (in addition to normal trading hours for that day)
- Christmas Day between 9 am and 11 am.
- Good Friday trading in liquor at any time with a meal provided by the licensee for a diner in a designated dining area, for consumption in that area.
An applicant for a Club licence or an existing licence holder can apply to Consumer and Business Services for any of the following consents:
Extended trading authorisation (ETA)
If a licensee wishes to trade between midnight and 5 am Monday to Saturday, or between 8 am or 11 am or 8 pm and midnight on a Sunday, or between midnight and 2 am on Christmas Day, the licensee may apply for an Extended trading authorisation.
This authorisation cannot operate on Good Friday, the day after Good Friday or the day after Christmas Day.
If a licensee intends to provide entertainment on the licensed premises, either prior to 11 am or after Midnight on any day, the licensee must apply for an Entertainment consent.
Extension of trading area
If a licensee intends to trade in an area adjacent to the licensed premises, then an Application for an extension of trading area is required for example drinking and/or dining on the footpath adjacent to the premises.
Designated dining area
The designation of a dining area allows the sale of liquor at any time to a diner for consumption with or ancillary to a meal provided by the licensee in that area.
Designated reception area
The designation of a reception area allows the sale of liquor at any time to a person attending a reception for consumption in that area.
An applicant for a club licence must satisfy the licensing authority that the club will be entitled to exclusive possession of the licensed premises at all times when the club is authorised to sell liquor.
The applicant must also show that the rules of the club provide for:
- The management of the club’s affairs by a management committee elected by the general body of members
- Regular meetings of the general body of members and the management committee
- The payment of subscriptions by the ordinary members of the club
- The keeping of proper records of the proceedings of the club and its financial affairs
Consumer and Business Services must be satisfied that the premises are suitable to be licensed. For example, the premises must have sufficient toilet facilities for patrons and comply with other building regulations and planning approvals.
The applicant must also show:
- that the operation of the licence would not cause undue offence, annoyance, disturbance, or inconvenience to those who work, worship, or reside in the area
- the safety or welfare of children attending kindergarten or school in the vicinity of the proposed licensed premises would not be prejudiced.
Committee members must satisfy the licensing authority that they are fit and proper persons to be in a position of authority. Names, dates of birth and contact details for each committee member must be provided with the application.
However, if your Club has a gaming licence, committee members must complete a Personal Information Declarations (PDF 120KB).
If the licensing authority notifies the club that it considers that any member of the committee of management of the club is not a fit and proper person to be in a position of authority in the club, the club must immediately take action to have that person removed from the committee of management.
Relevant knowledge, skills and experience, the results of a police check and creditworthiness will be taken into consideration.
If an application is made for a club licence where the proposed premises are incomplete the licensing authority may grant a Certificate subject to any conditions considered appropriate.
The licensing authority will grant the club licence once the applicant can satisfy the authority that the conditions have been met and the premises have been completed in accordance with the plans lodged.
How to apply
Applicants may wish to contact a solicitor, relevant industry association or any other person approved by the Commissioner before making an application.
- All the relevant forms and other documentation will need to be lodged meeting the minimum requirements when making an application.
- Once the minimum requirements and documents have been received by Consumer and Business Services, applicants will be informed of the hearing date.
Lodgement guide – information on making an application for a liquor licence
What to include
An application must include the following:
- Club licence online application form
- Club licence application
- Additional information Form
- application fee (including government gazette fee for advertising):
- notice of advertisement: the Form 2 Notice will be sent once the application has been lodged
- two plans of the proposed licensed premises
- certificate of incorporation
- current list of committee
IF YOU HOLD, OR WISH TO HOLD A GAMING LICENCE.
- Personal Information Declarations (PID) for:
- responsible persons
- each committee member
Police and creditworthiness checks may take up to six weeks to complete. If those requiring approval reside interstate or overseas, this may take longer. It is strongly advised that Personal Information Declarations (if required) be lodged as soon as possible.
A hearing will not proceed until all of these documents have been received.
Documents to be Lodged at least seven days before hearing date:
The following documents must be lodged at least seven days before the date of the hearing or your application may be delayed.
- Proof that the application has been advertised:
- a copy of the page where the advertisement appears in The Advertiser.
- a copy of the page where the advertisement appears in the local newspaper (eg Messenger)
- a copy of the notice that has been given to the local council
- a copy of the notice that has been given to the occupiers of adjacent premises or land.
- Evidence of development approval.
- Any other necessary Council consents.
- Details of finance:
- copy of a bank or loan statement (if the applicant has borrowed money to finance the application).
- Minutes of company meeting:
- showing decision to apply for a club licence.
- Copy of certificate of title.
Other documentation that may be required (if applicable)
- If the applicant does not own the freehold:
- executed copy of lease agreement or other evidence of tenure or
- a letter of consent from the landlord.
- If the applicant is a partnership, and a partnership agreement has been executed:
- partnership agreement.
- Any other relevant approvals, consents or exemptions
- For example – Department of Transport, Urban Lands Trust, Marine and Harbours, etc.
- Any agreed conditions by interested parties.