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 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.

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 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 At any time with a meal provided by the licensee for a diner in a designated dining area, for consumption in that area.

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 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 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.

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 – information on making an application for a liquor licence

What to include

  1. Limited club licence online application form
  2. Limited club 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. certificate of incorporation
  8. current list of committee

Further requirements

Lodge at least seven days before hearing date

The following documents are required to 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 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:
    • For example – Department of Transport, Urban Lands Trust, Marine and Harbours, etc.
  • Any agreed conditions by interested parties.