Development Information
Liquor Licensing
Council’s Role
The Liquor Licensing Act, 1997 provides councils with specific powers in
relation to processing of License applications and lodging of complaints,
with a view to ensuring that Licensed premises operate in harmony with
residents, workers and other businesses. The Act provides for 11 classes
of License eg hotel, restaurant, retail liquor, entertainment venue,
producer’s etc.
Help
Guide
19
There are three means by which Council can exercise its rights under the Liquor Licensing Act.
These are:
1.
Rights of Intervention (Section 76)
Councils are given a specific right to intervene in proceedings before the Licensing Authority
for the purpose of introducing evidence or making representations.
2.
General Right of Objection (Section 77)
The Act provides that when an application is advertised, any person may object to the
application. An applicant for a License is required to give notice to Council at least 28 days
before the date fixed for the hearing of the application by the Licensing Authority.
3.
Complaints (Section 106)
Councils can lodge complains with the Liquor Licensing Authority regarding the operation of
a Licensed premises, in particular regarding activity, noise or behaviour which is unduly
offensive, annoying, disturbing or inconvenient to a person who lives, works or worships in
the vicinity of the Licensed premises.
If Council is the owner of the premises an applicant may also need to obtain the approval of
Council pursuant to the lease conditions.
New or Existing Licenses
1.
An application for a new Liquor License may constitute a “change is use” of the land and
therefore require a Development application.
When considering such an application, a number of issues will be taken into account,
including:
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•
•
•
2.
hours of operation
noise
on site storage or refuse
standard conditions such as those relating to the location of speakers
Changes to existing Planning or Liquor License Conditions may require an additional Development Approval.
Many liquor Licensed premises have planning conditions related to their operation, such as trading hours and
Entertainment Consents. Before submitting an application to the Liquor Licensing Authority for a change to a
condition, it is advisable to contact Council’s Development Services Team to ascertain whether a Planning
Consent is required.
Transfer of License
In respect of an application where a Liquor License is to be transferred and there are no proposed changes to any License
conditions, or Planning and Building changes to the premises, such as renovations or extensions, then Council would not
generally seek to intervene in application proceedings before the Licensing Authority.
Change of License Type
If it is proposed to change type of License for a premises the applicant should enquire as to whether there are any
Development Plan or Building Rules consents implications.
Application for an Entertainment Consent (Section 105)
An application to the Licensing Authority for an Entertainment Consent may well have Provisional Development Plan
Consent and Building Rules Consent implications and consequently applicants should enquire as to whether the granting of
an Entertainment Consent would constitute a change of use or change of building classification.
Limited Licenses
An application for a limited License must be accompanied by Council approval. Such an approval, if granted, would have had
regard to a number of issues including:
noise
patron behaviour
disposal of refuse
security arrangements
general amenity of the area
Outdoor Cafes
Council may, under the Local Government Act, 1999 grant a permit to a person to operate an outdoor café on portion of a
public street, road or place for the supply of food and drink, and tables and chairs.
The granting of such a permit does not constitute Council approval for a Liquor Licensee to serve liquor to an outdoor café
area. Separate approval for a liquor license must be obtained.
Further Information
City of Onkaparinga Development Services Team (Phone 08 8384 0666)
City of Onkaparinga Environmental Health Team (Phone 08 8384 0628)
Liquor Licensing Authority (Phone 08 8226 8410)
Web Links
Onkaparinga (City) Development Plan
Development Act 1993
Development Regulations 1993
all available at www.planning.sa.gov.au
Revised: October 2002
The above information is advisory and a guide only to give you a general understanding of the key points associated with the approval system. It is
recommended that you seek professional advice or contact Council’s Development Services Department on 8384 0666 regarding any specific
enquiries or for further assistance concerning the use and development of land. Being properly prepared can save you time and money in the long run.