Hotel Licence

LIQUOR LICENSING > HOTEL LICENCE


Hotel Licence

Overview

In South  Australia, a hotel licence authorises the sale of liquor for consumption on and off the licensed premises under Section 32 of the Liquor Licensing Act 1997.

A hotel licensee has an obligation to trade between 11 am and 8 pm Monday to Saturday, (except Good Friday and Christmas Day) and to provide a meal to a member of the public on request at any time between noon and 2 pm and between 6 pm and 8 pm on any day on which the licensed premises is open to the public for the sale of liquor.

The licensee can apply to the Liquor and Gambling Commissioner for exemptions from these requirements.

The licensee is also permitted to sell liquor:

  • to a lodger at any time;
  • At any time in a designated dining area to a diner for consumption with or ancillary to a meal provided by the licensee in that area (including Good Friday and Christmas Day)
  • At any time in a designated reception area to a person attending a reception for consumption in that area (including Good Friday and Christmas Day).

Trading hours

A hotel licence allows the licensee to sell liquor for consumption on or off the licensed premises 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;

At any time through direct sales transactions. If liquor is to be delivered to an address in South Australia, it must be delivered during authorised ‘carry-off’ trading hours on any day (other than Good Friday and Christmas Day).

Other authorisations

An applicant for a Hotel licence or an existing licence holder can apply to the Liquor and Gambling Commissioner 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 can not operate on Good Friday, the day after Good Friday or the day after Christmas Day.

Entertainment consent

If a licensee intends to provide entertainment on the licensed premises, either prior to 11 am or after Midnight on anyday, the licensee may 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.

Criteria

An applicant for a hotel licence must satisfy the licensing authority that the licence is necessary in order to provide for the needs of the public in that locality, having regard to the licensed premises already existing in that locality.

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 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 form. 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 a hotel 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 hotel 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.

Lodgers

A person is regarded as a lodger in licensed premises at a particular time if, and only if:

  • the person has spent the previous night at the licensed premises or is booked to spend the next night (or the present night) at the licensed premises.
  • the person’s name has been entered in the record of lodgers required to be kept by the licensee under the Liquor Licensing Act 1997.

None of the following persons is a lodger:

  • the licensee or a member of the licensee’s family;
  • a responsible person for the licensed premises or a member of a responsible person’s family;
  • an employee of the licensee or a member of the employee’s family.

A licensee holding a licence authorising the sale of Liquor to a Lodger is required to comply with conditions set out under section 100 of the Liquor Licensing Act 1997.

Sale of liquor to lodgers

The following conditions must be observed by the licensee holding a licence authorising the sale of liquor to lodgers:

  • if the liquor is supplied to a lodger for consumption on the licensed premises and the licence does not (when the liquor is supplied) authorise the sale of liquor to the public for consumption on the licensed premises
    • the liquor must be consumed by the lodger personally or by the lodgers invited guests in the presence of the lodger and at the lodger’s expense;
    • a lodger can only have up to 6 adult guests, present at any one time when the liquor is consumed;
    • liquor must not be supplied to, or consumed by, a minor;
  • if the liquor is supplied to a lodger to consume off the licensed premises and the licence does not authorise the sale of liquor to the public to consume off the licensed premises, then the liquor may only be supplied in quantities likely to be consumed by the lodger and guests on the day on which it is supplied.

If any of these conditions are breached, the licensee and the lodger are each guilty of an offence.

Record of lodgers

A licensee who holds a licence that authorises the sale of liquor to lodgers must keep a record of all lodgers for whom accommodation is provided at the licensed premises.

The record:

  • must be kept in writing or by computer
  • must contain the name and address of the lodger
  • must include any other prescribed information.

A Licensee who fails to keep a record as required by this section is guilty of an offence.

Help lodging an application

Applicants may wish to contact a solicitor, relevant industry association or any other person approved by the Commissioner before making an application.

How to apply

To obtain a hotel licence, the applicant(s) must:

  • Under Section 58 of the Liquor Licensing Act 1997 satisfy the licensing authority that there is a need for a hotel in the proposed locality and that the proposed premises have all the necessary planning and building approvals. Furthermore the applicant(s) must show that the operation of the licence would not detract from the amenity of the locality by causing undue offence, annoyance disturbance or inconvenience to those who work, worship or reside in the area; that the premises are suitable for a hotel licence and that a hotel licence is suitable for the business activity proposed.
  • Under Section 153 of the Liquor Licensing Act satisfy the licensing authority that they are a fit and proper person to hold the licence.

The application will require advertising.

  • 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

An application must include the following:

  1. Hotel licence online application form
  2. Hotel licence application
  3. Additional information Form
  4. application fee Fees and charges
  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 current directors and shareholders of the company
  8. Personal Information Declarations (PID):
    • for responsible persons
    • in the case of a sole-trader or partnership (for the sole applicant or each partner)
    • 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 other person in a position of authority
  9. two passport sized photographs for each person seeking approval.

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 be lodged as soon as possible.

A hearing will not proceed 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 documents 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.
  • 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.