Limited Club Licence

LIQUOR LICENSING > LIMITED CLUB LICENCE


Limited Club Licence

Overview

A limited club licence authorises the sale of liquor for consumption on the club’s premises.

The licence also authorises the sale of 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 to a diner for consumption with or ancillary to a meal provided by the licensee.
  • At any time to a person attending a reception.

A limited club licence is granted on the following conditions:

  • The club will not hold a gaming machine licence.
  • The club will only sell liquor for consumption on the club premises to a club member or a guest of a club member who is also present at the club.
  • A member of the club will not be permitted to have more than five guests on the club premises at any one time (this may be a lesser number as determined by the licensing authority).
  • The club must keep Consumer and Business Services informed of any changes to the club’s management committee. This includes notifying the Commissioner of any new committee members, and when existing members cease their involvement with the committee.
  • If the licensing authority notifies the club that it considers a member of the management committee 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 management committee.

Who can hold a limited club licence?

A limited club licence is generally 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.

Trading hours

A limited club licence allows the licensee to trade as follows:

  • Monday to Saturday between 5am and midnight
  • Sunday between 8am and midnight
  • New Year’s Day between the hours of midnight and 2 am (in addition to normal trading hours for that day)

Other authorisations

An applicant for a limited 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 5am Monday to Saturday or between midnight and 8am Sunday, the licensee may apply for an Extended trading authorisation (PDF 83KB).

Prescribed entertainment consent

If a licensee intends to provide prescribed entertainment on the licensed premises, the licensee must apply for an Prescribed entertainment consent (PDF 256KB).

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 (PDF 184KB) is required for example drinking on the footpath adjacent to the premises.

Exemptions

An applicant for a limited club 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

An applicant for a limited 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.

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.

Certificate

If an application is made for a limited 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 limited 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 for the application.

Lodgement guide (PDF 280KB) – information on making an application for a liquor licence.

What to include

An application must include the following:

  1. Completed online iApply New Licence application form or completed new limited club licence application form (PDF 150KB)
  2. Application fee. Note that the full application fee will be calculated for you once the application form is completed. Fees and charges (PDF 130KB)
  3. Two (2) plans (PDF 393KB) of the proposed premises to be uploaded with the application form
  4. Certificate of Incorporation to be uploaded with the application form.
  5. Additional documents are required to be uploaded with the application form at the time of making your application, these could include:
    • passport photos
    • council consent
    • landlord consent
  6. Current list of committee members.

Police and creditworthiness checks may take up to six (6) weeks to complete. If those requiring approval reside interstate or overseas, this may take longer. 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 are required to be lodged at least seven (7) days before the date of the hearing or your application may be delayed.

  • Proof that the application has been advertised:
    • provide details of the date that the notice was displayed on the licensed premises/relevant land
    • provide proof that any advertising direction has been complied with.
  • 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 the limited club licence.
  • Copy of Certificate of Title.

Other documentation 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: