Retail Liquor Merchant’s Licence

LIQUOR LICENSING > RETAIL LIQUOR MERCHANT’S LICENCE


Retail Liquor Merchant’s Licence

Overview

A retail liquor merchant’s licence authorises the sale of liquor for ‘carry-off’ during the authorised trading hours.

The licensee is also permitted to sell or supply liquor by way of sample for consumption on a part of the licensed premises approved for that purpose by the licensing authority.

The licence also permits the licensee to sell liquor at any time through direct sales transactions. If liquor is to be delivered to an address in South Australia, it must be delivered between the hours of 8 am and 9 pm on any day (other than Good Friday and Christmas Day).

Trading hours

A Retail Liquor Merchant’s licence allows the licensee to trade as follows:

  • between 8 am and 9 pm on any day, except Good Friday and Christmas Day; or
  • over a period authorised by the licensing authority, which must begin no earlier than 5 am, must end no later than midnight and must not exceed 13 continuous hours.

Delivery/dispatch

When delivering the liquor, the licensee must ensure that the liquor is:

  • not delivered to unattended premises (as this increases the risk of accessibility to minors)
  • delivered to the purchaser or a person nominated by the purchaser.

In either case the person must be over the age of 18 (if there is any doubt about the age of the person, identification must be requested).

Other authorisations

An applicant for a retail liquor merchant’s licence or an existing licence holder can apply to Consumer and Business Services for the following consent:

Designated sampling area

The designation of a sampling area allows the sale or supply of liquor by way of sample for consumption on a part of the licensed premises approved for that purpose by the licensing authority.

Where the licence operates from a home office, it is suggested that the applicant speak with the local council first to see what their development and planning approvals permit.

Conditions

It is a condition of a retail liquor merchant’s licence that the licensed premises must be devoted entirely to the business conducted under the licence and must be physically separate from premises used for other commercial purposes.

Exceptions under this include:

  • goods that are sold in the same premises if they are normally associated with the sale of liquor (glasses, decanters, cheeses and pates, etc)
  • if the licensing authority grants an exemption from the above condition if it has been satisfied that the demand for liquor in the relevant locality is insufficient to justify the establishment of a separate premises, or there is some other reason for granting the exemption.

An applicant must:

  • Under Section 58 of the Liquor Licensing Act 1997 satisfy the licensing authority that there is a need for a retail liquor merchant’s licence in the proposed locality to adequately cater for the public demand for liquor for consumption off the licensed premises and that the proposed premises have all the necessary planning and building approvals.
  • 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.

Criteria

An applicant for a retail liquor merchant’s licence must satisfy the licensing authority that the licensed premises already existing in the locality do not adequately cater for the public demand for liquor for consumption off licensed premises and the licence is necessary to satisfy that demand.

It is a condition of a retail liquor merchant’s licence that the licensed premises be devoted entirely to the business conducted under the licence and must be physically separate from premises used for other commercial purposes. The licensee can apply to Consumer and Business Services for an exemption from this requirement. Goods may be sold in the same premises if they are of the kind normally associated with, and incidental to, the sale of liquor (eg. glasses, decanters, cheeses and patès).

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.

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 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 a retail liquor merchant’s 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 retail liquor merchant’s 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 Liquor and Gambling Commissioner before making an 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.

  • 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:

  • Retail liquor merchants online application
  • Retail liquor merchants application
  • Application fee – including government gazette fee for advertising
  • notice of advertisement:  the Form 2 Notice will be sent once the application has been lodged
  • Two plans of the proposed licensed premises
  • If the applicant is a company – ASIC search extract and/or Share Certificates detailing current directors and shareholders of the company
  • 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
  • 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 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.