Entertainment Venue Licence

LIQUOR LICENSING > ENTERTAINMENT VENUE LICENCE


Entertainment Venue Licence

Overview

An entertainment venue licence authorises the sale of liquor under Section 35 of the Liquor Licensing Act 1997 (the Act):

  • In the licensed premises for consumption on the licensed premises at a time when live entertainment is provided on the licensed premises during the times outlined in this page.
  • 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 in that area.

Live entertainment is defined in the Act as:

  • a dance or other similar event at which a person is employed to play music (live or pre-recorded)
  • a performance at which the performers, or at least some of them, are present in person.
  • a performance of a kind declared by a regulation to be live entertainment.

An entertainment venue licence may also authorise the following:

Supply of liquor with or without a meal – Section 35(1)(c)

A condition that allows the sale of liquor for consumption by a patron seated at a table or attending a function where food is provided. For example, a group of people go into the premises and order a meal, however, two of them do not want to eat, but would like to have a glass of wine. As long as the entertainment venue licence has a section 35(1)(c) authorisation then those people can consume liquor as long as they remain seated at a table; or

If a group books the premises for a function i.e. cocktail party, then the licensee can serve liquor to people who have been invited to the function provided that the licence has a section 35(1)(c) authorisation.

BYO with meals

A person may bring liquor onto the licensed premises with the consent of the licensee to consume with or ancillary to a meal provided by the licensee on the licensed premises.

  • The person can then take the unconsumed portion of that liquor from the premises when they leave.
  • However any liquor sold or supplied by the licensee for consumption on the licensed premises must be consumed on the premises and cannot be removed from the premises.
  • Corkage may be charged at a fee determined by the licensee.

Trading hours

An entertainment venue licence allows the licensee to sell liquor at a time when live entertainment is provided on the licensed premises between 9 pm and 5 am the following day but not at any time falling between:

  • between 9 pm on Christmas Day and 5 am the day after Christmas Day;
  • between 9 am  on Good Friday and 5 am on the day after Good Friday;
  • on Good Friday between 2 am and 5 am.

A section 35(1)(c) authorisation only allows trade (without a meal and without live entertainment) until midnight Monday to Saturday or between 11 am and 8 pm on a Sunday, unless the licence also has an extended trading authorisation. This authorisation does not apply when the licensee is trading in accordance with conditions listed above and can not operate on Good Friday or Christmas Day.

Other authorisations

An applicant for a Entertainment Venue 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 (without a meal) 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 can not operate on Good Friday, the day after Good Friday or the day after Christmas Day.

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.

Criteria

An entertainment venue licence is subject to the following conditions:

  • The business conducted at the licensed premises must consist primarily and predominately of the provision of live entertainment
  • The licensee is required to implement appropriate policies and practices to guard against the harmful and hazardous use of liquor
  • The licensing authority can impose any condition it considers appropriate to prevent undue offence, annoyance, disturbance noise or inconvenience
  • The licensing authority can impose any condition it considers appropriate in view of the nature and extent of the trade authorised under the licence

The Liquor and Gambling Commissioner 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 or that the safety or welfare of children attending kindergarten or school in the vicinity of the proposed licensed premises would not be prejudiced.

Applicants need to 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 knowledge, skills and experience, the results of a police check and creditworthiness will be taken into consideration.

Certificate

If an application is made for an entertainment venue 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 entertainment venue 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

What to include

  1. Entertainment venue online application form
  2. Entertainment venue licence application
  3. Additional information Form
  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 (PID):
    • for responsible persons
  9. In the case of a sole-trader or partnership:
    1. For the sole applicant or each partner
  10. In the case of a body corporate:
    1. For each director and shareholder
    2. For each director and shareholder of any shareholding company
    3. For each beneficiary under a trust (other than a minor)
    4. 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

Lodge 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:
    • a 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 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.
  • 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