Residential Licence

LIQUOR LICENSING > RESIDENTIAL LICENCE


Residential Licence

Overview

A residential licence authorises the sale of liquor on the licensed premises at any time to a:

  • lodger for consumption on or off the licensed premises
  • diner in a designated dining area for consumption with or ancillary to a meal provided by the licensee in that area.
  • person attending a reception for consumption in a designated reception area.

A residential licence is subject to the following conditions

  • The licensee must provide accommodation for a member of the public on request;
  • the licensee must, if a lodger requests breakfast or an evening meal, comply with the request (the licensee is not obliged to provided breakfast before 8 am or after 9:30 am and is not obliged to provide an evening meal before 6 pm or after 8 pm)

A residential licence may also authorise the following:

Supply of liquor with or without a meal – Section 33(1)(b)

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. This condition allows a person to consume liquor while not consuming a meal.

For example, a group of people who are not lodgers 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 residential licence has a section 33(1)(b) authorisation then those people can consume liquor as long as they remain seated at a table; or
  • If a group book the premises for a function eg. cocktail party, then the licensee can serve liquor to people who have been invited to the function provided that the licence has a section 33(1)(b) 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

A residential licence allows the licensee to trade at any time for the sale of liquor to a lodger, or to a person with or ancillary to a meal. However, in some cases trading hours may be restricted by a condition on the licence. Trading hours are usually subject to local council consents, so applicants should check with the local council.

A section 33(1)(b) authorisation only allows trade (without a meal) 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 can not operate on Good Friday or Christmas Day.

Other authorisations

An applicant for a residential 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.

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.

Difference between a Residential Licence and Bed and Breakfast Accommodation

Under section 8(2) of the Liquor Licensing Regulations, a licence is not required for the sale of liquor:

At a cottage or bed and breakfast style accommodation, at premises with accommodation for a maximum of 8 persons where:

  • the supply of liquor is complimentary; and
  • the liquor is supplied to a person of or above the age of 18 years accommodated at the premises; and
  • the liquor has been purchased from the holder of a producer’s licences at the producer’s premises in the vicinity of the premises.
  • and also if:
    • the supply of liquor is ancillary to the provision of the accommodation, the liquor is delivered to the person at that part of the premises where the person is accommodated and the volume of liquor supplied does not exceed 2 litres per accommodation booking; or
    • the supply of liquor is ancillary to a meal hosted by the operator of the premises and the volume of liquor supplied does not exceed 1 litre per person; or
    • the supply of liquor is ancillary to the supply of a picnic basket and the volume of liquor supplied does not exceed 1 litre per person who may reasonably be expected to consume the contents of the picnic basket.Where it is intended to provide cottage or bed and breakfast accommodation, although a liquor licence is not required, it should be considered because it may give significant benefits through being able to purchase liquor wholesale.

Criteria

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.

An applicant must satisfy the licensing authority that they are fit and proper persons to hold a licence and will need to complete a Personal Information Declarations (PDF 120KB). 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 residential 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 residential 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.

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 this Act.

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.

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.

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.

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

What to include

An application must include the following:

  1. Residential licence online application form
  2. Residential 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 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:
    • 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 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.