Direct Sales Licence

LIQUOR LICENSING > DIRECT SALES LICENCE


Direct Sales Licence

Overview

A direct sales licence authorises the sale of liquor at any time where the purchaser orders the liquor by:

  • mail
  • telephone
  • facsimile transmission (Fax)
  • internet
  • any other electronic communication.

It’s a condition of a direct sales licence that the licensee:

  • does not, as part of, or in connection with the business invite or admit prospective purchasers of liquor to any premises or place at which liquor is displayed or stored for sale by the licensee;
  • must provide warnings on materials such as order forms and websites in relation to the service, supply and delivery of alcohol consistent with the responsible service of alcohol.

Under Section 39A of the Liquor Licensing Act 1997

A judgement made by the Licensing Court in November 2007, determined that “the provisions of section 39A of the [Liquor Licensing Act 1997 ] do not require that particular premises be nominated, nor that such a licence be granted only in relation to nominated premises”.

Trading hours

A direct sales licence allows the licensee to trade at any time for the sale of liquor. However, if liquor is to be delivered to an address in South Australia, it must be delivered between the hours of 8 am and 9 pm on any day (other than Good Friday and Christmas Day).

Delivery/dispatch

When delivering the liquor, the licensee must ensure that:

  • The liquor is not delivered to unattended premises (as this increases the risk of accessibility to minors);
  • The liquor is delivered to the purchaser or a person nominated by the purchaser.  In either case the person must be over the age of 18 (if there is any doubt about the age of the person, identification must be requested).

Exemptions

An applicant for a direct sales licence or an existing licence holder can apply to Consumer and Business Services for any of the following exemptions:

Exemption from the requirement for a responsible person

An approved Responsible Person is required to be on the licensed premises during operating times. However, section 97(2) of the Liquor Licensing Act 1997 allows for an exemption or conditional exemption from this requirement. When determining whether an exemption is appropriate, the licensing authority must be satisfied as to the limited scope of the business.

Criteria

A direct sales licence does not require that a particular premise to be nominated but may apply to a warehouse or office (including home office). It is suggested that the applicant speak with the local council first to see what their development and planning approvals permit.

An applicants must also satisfy the licensing authority that they are fit and proper persons to hold a licence and will need to complete a Personal Information Declaration. Relevant liquor knowledge, skills and experience, the results of a police check and creditworthiness will be taken into consideration.

Certificate

Where an application nominates a premises for a direct sales licence and the proposed premises are incomplete the licensing authority may grant a Certificate subject to any conditions considered appropriate.  The licensing authority will grant the direct sales 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.

The applicant

When lodging an application all the people involved in the business, for example, all partners, must be included on the application.

If the business is a company the application should be made in the company name.  Where an individual runs the business, the individual is the applicant.

All documentation such as leases and finance agreements must be in the name of the applicant.

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 for the application.

Lodgement guide – information on making an application for a liquor licence

An application must include the following

  1. Direct sales online application form
  2. Direct sales licence application form
  3. Direct sales licence questionnaire
  4. Application fee – including government gazette fee for advertising:
  5. Notice of advertisement:  the Form 2 Notice will be sent once the application has been lodged
  6. Two plans of the proposed licensed premises
  7. If the applicant is a company – ASIC search extract and/or share certificates
    • Detailing directors and shareholders of the company
  8. Personal Information Declarations:
    • For responsible persons
  9. In the case of a sole-trader or partnership:
    • For the sole applicant or each partner
  10. In the case of a body corporate:
    • For each director and shareholder
    • For each director and shareholder of any shareholding company
    • For each beneficiary under a trust (other than a minor)
    • For any person in a position of authority
  11. Two passport sized photographs for each person seeking approval

Relevant police and creditworthiness checks may take up to six weeks to complete. If individuals reside interstate or overseas, this may take longer. It is strongly advised that Personal Information Declarations be lodged as soon as possible.

A hearing date will not be set until all of these documents have been received.

Further requirements

Nominated premises

Lodge at least seven days before hearing date

The following documents are required to be lodged for a direct sales licence with a nominated premises 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).
  • Certificate of registration of business name:
    • in the name of the applicant.
  • Copy of Certificate of Title.

Other documentation (if applicable)

  • If the applicant does not own the freehold:
    • executed copy of lease agreement or similar evidence of tenure
    • a letter of consent from the landlord.
  • If the applicant is a partnership, and a partnership agreement has been executed:
    • partnership agreement.
  • Front page and schedule of beneficiaries relating to any trusts:
    • in the case of a unit trust, the number of units held by each unit holder and whether they are held for someone else.
  • 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.

No nominated premises

Lodge at least seven days before hearing date

The following documents are required to be lodged for a direct sales licence with no nominated premises 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.
  • Certificate of registration of business name:
    • in the name of the applicant.
  • If the applicant is a partnership, and a partnership agreement has been executed:
    • partnership agreement.
  • Front page and schedule of beneficiaries relating to any trusts:
    • in the case of a unit trust, the number of units held by each unit holder and whether they are held for someone else.
  • Any agreed conditions by interested parties.