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 the licensed premises.

Where the licensee operates from a home office, Consumer and Business Service suggest that the applicant speak with the local council first to see what their development and planning approvals permit.

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.

Trading hours

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

  • between 8 am and 9 pm on any day
  • 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).

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 56 of the Liquor Licensing Act 1997 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 (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 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 (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 retail merchant liquor licence application form (PDF 79KB)
  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. If the applicant is a company – ASIC search extract and/or share certificates detailing current directors and shareholders of the company 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. If the persons listed on the form have been previously approved by Consumer and Business Services (and not expired for more than six (6) months), you will need to supply your identification number. If you do not have pre-approval, each person listed will need to complete a Personal Identification Declaration (PID) later in this application. They will also need to supply two (2) passport size photographs.

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 must 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:
    • 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.