Licensing Law & Lawyers
Business licences, liquor licences, and regulatory approvals.
Whether you own a bar, club, shop or restaurant, and whether you are applying for a new licence, varying an existing licence or whether your premises is the subject of a review, we are able to offer clear, practical advice to enable you to obtain the best result possible.
If you need legal help regarding any aspect of licensing law or have any licensing matter that you need assistance with, then please complete your free legal enquiry form on the right, or click here.
As well as our extensive specialised licensing services, licensing lawyers can also assist you with any matters relating to trading standards, planning enforcement, fire safety enforcement and regulatory crime, as well as criminal matters.
Services include:
- Licensing Reviews & Enforcement
- Bars
- Clubs
- Shops
- Restaurants
- casinos
- Trading Standards
- Planning
- Fire Risk Assessment
- Licence Applications
If you need legal help regarding any aspect of licensing law or have any licensing matter that you need assistance with, then please complete your free legal enquiry form on the right, or click here.
Are you a publican, restauranteur, hotelier or off-licence proprietor? If so then Licensing Lawyers can help in the transfer or amendment of an existing licence or an application for the grant of a new licence.
Licensing Lawyers can help you to protect your licence in the face of prosecution / breach and deal with appeals to court.
Licensing Lawyers can also help you with the following licensing law issues:
- Licensing Acts and Licensing legislation
- Regulatory crime
- Premises licence Betting and gaming
- Personal licence Planning
- Pavement licences for tables and chairs
- Licences for playing music in public
- Cumulative Impact Policy
Licensing Lawyers offer advice and assistance in all aspects of Licensing matters to clients in the leisure and entertainment industries.
This includes assistance with:
- Alcohol and Entertainment Licensing
- Objecting to Applications for Alcohol and Entertainment Licences
- Betting and Gaming Licensing
- Alcohol and entertainment licensing
- How can a Licensing Lawyer help you?
- Applying for new Premises Licences and Club Premises Certificates
- Applying to vary Premises Licences and Club Premises Certificates
- Applying for Personal Licences
- Dealing with contested applications and representing clients before Licensing Committees (and before the Court on appeal if necessary)
- Advising on the sale, purchase and leasing of licensed premises
- Advising on planning issues
Do you need a licence?
Genrally speaking, there are 4 types of licence:
(1) Premises Licence: This is a licence authorising premises to be used for one or more licensable activity
(2) Club Premises Certificate: this is a licence permitting premises occupied by and used for the purposes of a club to be used for one or more qualifying club activities
(3) Temporary Event Notice: this is a notice seeking permission to use premises for one or more licensable activity for not more than 96 hours
(4) Personal Licence: this is a licence granted to an individual authorising that individual to supply or authorise the supply of alcohol
Many areas of business depend on obtaining and maintaining a valid licence in place for your premises, without which your business would not be able to trade.
The Licensing Act has brought significant changes to the way in which relevant premises licences are to be sought, and whether you are looking to obtain a licence or gain a personal licence. Licensing Lawyers can advise you on all such issues.
Licensing Lawyers can assist you in obtaining a proper licence for your required use, dealing with any enforcement actions by Local Authorities or any reviews of premises licenses.
Depending on your circumstances, Licensing Lawyers can advise you as to whether you will need to obtain any additional licences or permissions and will provide you with practical advice about doing so.
If you need legal help regarding any aspect of licensing law or have any licensing matter that you need assistance with, then please complete your free legal enquiry form on the right, or click here.
Further Resources - Licensing Law & Lawyers
News, Updates and further information - Licensing Law & Lawyers
Alcohol laws of Australia regulate the sale and consumption of alcoholic beverages (in Australia also referred to as liquor). The laws vary between the states and territories of Australia.
The retail sale of alcohol in Australia requires that a license be obtained from the liquor licensing authority of the State or Territory in which the sale takes place. It also regulates the location of outlets through planning laws, and other restrictions. Local government may have an input into these outcomes.
The Federal government controls the importation of alcohol beverages into Australia, and has a strong impact on the market for liquor through the imposition of excise taxes on the manufacture of liquor within Australia and importation into Australia. It also controls advertising of alcoholic beverages on television.
It is illegal for a person under 18 years to buy, drink or possess alcohol on licensed premises, but some states[which?] allow drinking or possessing alcohol on private premises for people under 18 years (under the supervision of at least one adult). By 1974, all Australian states and territories had a drinking age of 18 instead of 21.
Some states, such as Victoria, permit drinking in vehicles once a full license is obtained. Drivers cannot drive a motor vehicle when they have a blood-alcohol concentration (BAC) level higher than 0.05 when they hold a full driver license. Provisional and learner drivers must not drive with any detectable blood-alcohol present. Commercial drivers have a limit of 0.02 whilst working.
In May 2008, three submissions to the Senate Community Affairs Committee Inquiry into Ready-to-drink alcohol beverages recommended that the drinking age be raised to 21, with Drug Awareness suggesting that after 21 "the brain is better protected from this toxin".
Dry zones
Many towns and communities ban outdoor consumption of alcohol. Dry zones are often established by local councils after certain areas, such as local city parks, become favorite locations for problem drinking, violence, and anti-social behavior. Some local councils further restrict consuming alcohol in outdoor public areas, such as local streets, footpaths, and hiking trails.
Dry zones in South Australia are found at Glenelg, Adelaide city centre, and Port Augusta.
Alcohol laws by state New South WalesThe consumption of alcohol in New South Wales is regulated by the Liquor Act 2007.
Offences under the act include : Serving alcohol to an intoxicated person, failing to leave licensed premises when asked to do so or attempting to re-enter licensed premises after being ejected.
In New South Wales there is no law against minors possessing or drinking alcohol on private premises, but there are laws against supplying or selling alcohol to a minor, as well as against minors "carrying away" alcohol from a licensed club.
Minors may be on licensed premises accompanied by a parent or guardian (but not purchase alcohol) and parents can not provide alcohol with a meal on licensed premises.
It is also illegal to provide minors with alcohol, and one can be fined by it if caught in the act. It is illegal to buy alcohol if already drunk and to supply alcohol to such a person.
South AustraliaIn South Australia, the major legislation which controls the sale and consumption of alcohol is the Liquor Licensing Act 1997 (SA). The principal aim of the Act is to minimise the harm associated with the consumption of alcohol in the community of South Australia. The drinking age was lowered from 21 to 20 in 1968 and by 1971 South Australia had a drinking age of 18. http://www.dassa.sa.gov.au/site/page.cfm?u=124 SOUTH AUSTRALIA http://www.mcri.edu.au/Downloads/Media/2008/03/23/SundayAge.pdf
Between 1836 and 1839, liquor licences were granted by the Governor.
On 21 February 1839, Act No. 1 of 1839 became the first liquor licensing legislation in the Province, including three licenses:
- General Publican's Licence
- Wine, Ale, Beer and other Malt Liquors Licence
- Storekeeper's Licence
In 1869, a Storekeeper's Colonial Wine Licence was introduced.
Victoria Alcohol may not be sold in Victoria without a licence or permit being obtained from the State government. Licences and permits are issued by Consumer Affairs Victoria, under the Liquor Control Reform Act 1998.
In Victoria, alcohol may not be sold to a person who is under 18 years of age, and minors must not be on licensed premises (i.e. premises on which alcohol may be sold or consumed) unless accompanied by an adult or other limited circumstances.
There are several categories of licences available.
The most common are:
on-premises licence, which permit the sale of liquor to customers for drinking on the premises, such as restaurants, bars and cafes.
packaged liquor licence, which permit the sale of liquor to customers to take away from retail liquor stores and supermarkets.
general licence, which permit the sale of liquor to customers for drinking on the premises, and to take away. These are used by pubs, hotels and taverns.
BYO permit, which allow customers to bring their own liquor and drink it on the premises. These are obtained by restaurants and clubs that do not intend to hold a liquor licence.
Other specialised licences are: full club licence, renewable limited club licence, temporary limited licence, renewable limited licence, restricted club licence, pre-retail licence (for wholesalers, producers, brewers and liquor importers), and vigneron’s licence.
There are several areas in Melbourne which retain the status of "dry-areas", where a vote is required before a liquor licence is granted within the area.
Some local government councils have passed by-laws prohibiting the consumption of alcohol on streets within their areas.[citation needed]
In Victoria, if a minor is caught with alcohol in public it can be confiscated and guardians notified of the offense, and a fine may occur.
Minors are allowed to drink alcohol if it is given to them by anyone on private property for example a party.
In Victoria, fully licensed drivers of motor vehicles must have a Blood alcohol content (BAC) below 0.05%. Learner and probationary licensed drivers must not consume any alcohol before driving (i.e. the BAC must be zero).
Western AustraliaState legislation governs the sale and supply of alcohol in Western Australia. The Liquor Control Act 1988 and the Liquor Control Regulations 1989 is administered by the Department of Racing, Gaming and Liquor. The purpose of the Liquor Act is primarily to regulate the sale, supply, and consumption of alcohol. Before 1970, Western Australia drinking age was 21. It is illegal for any person under the age of 18 years to purchase, supply, or drink alcohol on licensed or regulated premises, even if they are with their parents or guardian. The maximum penalty for a minor to consume alcohol on licensed premises is an $2,000AUD fine. It is an offence in Western Australia for persons of any age to drink in public, such as on the street, park, or beach.
If you need legal help regarding any aspect of licensing law or have any licensing matter that you need assistance with, then please complete your free legal enquiry form on the right, or click here.
If you need legal advice regarding Licensing Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Licensing Law lawyer nearest you, who can help you with Licensing Law.
Our free legal enquiry service for Licensing Law extends to all suburbs and locations within Australia.
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