Special circumstances liquor licence – Vehicles

LIQUOR LICENSING > SPECIAL CIRCUMSTANCES LIQUOR LICENCE – VEHICLES


Special circumstances liquor licence – Vehicles

Overview

A special circumstances licence for a vehicle may cover more than one vehicle.

  • An application can be made to licence various types of vehicles. The vehicles might be limousines, buses, four-wheel drives, trains, trams, etc.
  • The licence may also cover areas adjacent to the licensed vehicles. Examples include when patrons wish to have a glass of champagne before entering a limousine, or while wedding photos are being taken (excluding dry areas).

Examples of conditions for vehicles

Limousine

The licence authorises the sale, supply and consumption of all types of liquor to and by passengers in the vehicle and areas adjacent (excluding dry areas), provided the sale and consumption is under the supervision and control of the driver of the vehicle subject to the conditions set out below:

  • No driver of the vehicle is permitted to drink alcohol and is to be totally alcohol free whilst in charge of the vehicle.
  • There shall be no liquor in the vehicle except in the boot storage area whilst a minor is in the vehicle, unless that minor is in the company of an adult guardian or adult spouse of the minor. (A guardian in relation to a minor means a parent, including a step-parent or legal guardian of the minor).
  • A minor may not consume liquor in the vehicle.

Bus

The licence shall authorise the sale, supply and consumption of liquor only to persons travelling on the bus for consumption on the bus and areas adjacent (excluding dry areas).

No sale, supply or consumption of liquor by an employee of the licensee whilst in the course of their employment on the bus is permitted.

Other authorisations

An applicant for a Hotel licence or an existing licence holder can apply to the Liquor and Gambling Commissioner 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 wishes to trade in an area adjacent to the licensed premises, then an Application for an extension of trading area authorisation 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 in that area with or ancillary to a meal provided by the licensee.

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.

How to apply

What to include

  1. Special circumstances licence application
  2. application fee – including government gazette fee for advertising
  3. notice of advertisement: the Form 2 Notice will be sent once the application has been lodged
  4. two plans of the proposed licensed premises
  5. if the applicant is a company – ASIC search extract and/or share certificates detailing current directors and shareholders of the company
  6. 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
  7. 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 (e.g. Messenger)
    • a copy of the notice(s) that you have given to the local council(s) where the vehicle(s) will be garaged and the premises from where the business will be conducted (these may be the same premises or two different premises).
    • a copy of the notices that you have given to the occupiers of adjacent premises where the vehicle(s) will be garaged and the premises from where the business will be conducted (these may be the same premises or two different premises).
  • Evidence of development approval:
    • for the premises where the vehicles(s) will be garaged and for the premises from where the business will be conducted (these may be the same premises or two different premises).
  • Any other necessary Council consents:
    • for the premises where the vehicles(s) will be garaged and for the premises from where the business will be conducted (these may be the same premises or two different premises).
  • 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:
    • for the premises where the vehicles(s) will be garaged and for the premises from where the business will be conducted (these may be the same premises or two different premises).
  • Copy of vehicle inspection reports.
  • Copy of registration of vehicles(s) from Transport SA.

Other documentation (if applicable)

  • If the applicant does not own the freehold:
    • executed copy of lease agreement or other evidence of tenure for the premises where the vehicle(s) will be garaged and for the premises from where the business will be conducted (these may be the same premises or two different premises) or
    • a letter of consent from the landlord for the premises where the vehicle(s) will be garaged and for the premises from where the business will be conducted (these may be the same premises or two different premises).
  • 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.