Consumer and Business Services

Reform to SA liquor laws – CBS news

A number of licensing changes commenced on 18 December 2017.

Licence-holders can continue to operate under the new laws without needing an updated licence.

Future consultation

Further targeted consultation will occur in 2018, focusing on the new fee structure and aspects of the licensing regime, including:

The changes below commenced on 18 December 2017

Supply to minors

There are now stronger penalties for people who illegally supply alcohol to anyone under 18. Big parties and events will be targeted, where large groups of teenagers are supplied with alcohol.

Licensed businesses are still prohibited from supplying alcohol to people under 18 years old.

Trading hours

Hotel, club and special circumstances licences

Holders of hotel, club and special circumstances licences have more flexibility in trading hours on Sundays without needing extended trading authorisation:

Trading hours for Monday to Saturday remain the same.

Trading extensions occurred automatically on 18 December and apply to all existing liquor licences.

Licensed premises must still follow the conditions of their development approval, and any conditions or approvals made under other legislation.

No changes to gaming 

Changes to trading hours do not impact obligations under gaming licences.

Entertainment consent

Licensed venues no longer need consent from Consumer and Business Services to host a range of entertainment, including music and comedy.

Consent is still required for prescribed entertainment such as boxing, martial arts and sexually explicit entertainment.

Licence-holders can disregard conditions of their liquor licence, including conditions that:

Conditions that were set before 18 December 2017 due to a noise complaint no longer apply.

Conditions and approvals imposed on licensed premises by other Acts, such as approvals under the Development Act 1993, will not be affected by the changes and will continue to apply.

In addition, licence holders must continue to obey the Codes of Practice, such as the Late Night Trading Code of Practice and the General Code of Practice. This includes taking reasonable steps to prevent undue noise and disturbance to people who live and work in the area, and taking steps to ensure public order and safety.

Temporary approval of responsible persons

Temporary approval of a responsible person is now available for up to 6 months, while the employee undertakes the responsible person vetting process.

This allows employees to start work faster, without businesses needing to wait for approval.

Applications to become a responsible person remain the same, with temporary approval being granted once the relevant forms have been lodged.

Individuals can now also apply to become a responsible person, while previously applications could only be made by the licensee employing the person.

The Liquor and Gambling Commissioner can revoke approval of a responsible person at any time.

Licence-holders can search whether a responsible person is approved, temporarily approved or revoked on the CBS website.

Exemptions for low-risk businesses

Low-risk businesses no longer require a liquor licence to give their clients a drink.

Exempt businesses can sell or supply liquor without a licence in certain circumstances, including:

The current licence exemption for bed and breakfast style accommodation has also been extended. For example, bed and breakfasts with a capacity of up to 16 guests can now supply alcohol without a licence under certain conditions, while previously this was limited to 8 guests.

Other measures

A number of other measures also came into effect on 18 December: