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Item PD02 Planning & Development 14/07/08 N O R T H S Y D N E Y C O U N C I L R E P O R T S
Report to General Manager Planning & Development Committee
Attachment 1 – Factsheet – A guide to the new liquor laws for local councils
SUBJECT: Small Bars Bill AUTHOR: Ben Boyd, Strategic Planner, 9 July 2008 SUMMARY: On 10 March 2008, Council resolved to adopt a Notice of Motion (12/08) to call for a report outlining the implications of the implementation of new liquor licensing laws in December 2007. This discussion paper provides a brief history and explanation of the new liquor licensing legislation and what implications it will have for Council. RECOMMENDATION: 1. THAT Council note the information. 2. THAT additional investigation is undertaken to determine what type of controls
relating to licensed premises should be incorporated within the new comprehensive DCP.
Financial Implications There are no additional financial implications. Signed ____________________ Endorsed by ___________________ Manager Strategic Planning
Report of Ben Boyd, Strategic Planner (2) Re: Small Bars Bill
BACKGROUND A Notice of Motion (NoM 12/08) was put to Council at its meeting on 10 March 2008, where it resolved: “ THAT a report be provided to Council which:
1. outlines the process by which a small bar can be established under the small bars legislation gazetted by the NSW Government in December 2007
2. outlines whether changes will be necessary to the North Sydney DCP to ensure that Council can control the location and amenity impacts of small bars
3. includes separate legal advice as to the question of what is deemed a change of use under the legislation and the circumstances in which a small bar does not require a development application
THAT Council accept the offer of Sydney City Council to use their DCP as a guideline to develop a DCP to suit the needs of the North Sydney Council area.”
The Notice of Motion has been raised in response to the recent gazettal of a number of Acts relating to the Liquor Amendment (Small Bars and Restaurants) Bill 2007, which aims to simplify the ability for premises to obtain a liquor licence, especially for smaller venues. SMALL BARS BILL The Small Bars Bill 2007, or the Liquor Amendment (Small Bars and Restaurants) Bill 2007 as it is formally known, was introduced and adopted in principle by the NSW Government’s Legislative Assembly on the 27 September 2007. The Bill was introduced to enable changes to the Liquor Act 1982, such that it could enable small-scale venues selling liquor for consumption on site, without the need to go through the complex system of approvals and exorbitant fees that say a “hotel” would require under this Act. This in turn would provide increased opportunities for people to enjoy the consumption of alcohol outside of a “hotel” type environment. This Bill was subsequently rolled into three separate Bills which were considered by the Legislative Assembly on 27 November and 4 December 2007, including.
• Liquor Bill 2007; • Casino, Liquor and Gaming Control Authority Bill 2007; and • Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007.
On the 13 December 2007, the NSW Government, assented to the gazettal following Acts:
• Liquor Act 2007; • Casino, Liquor and Gaming Control Authority Act 2007; and • Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.
However, these Acts had no statutory weight at the time, as the Minister for Gaming and Racing had yet to proclaim them to be operable. The Minster for Liquor, Gaming and Racing proclaimed that the Acts become on 1 July 2008.
Report of Ben Boyd, Strategic Planner (3) Re: Small Bars Bill
The NSW Office of Liquor, Gaming and Racing has released a series of fact sheets relating to the implementation of the New Liquor Act. Of particular note, is the release of a fact sheet for local councils, a copy of which is attached (Attachment 1) to this report. This fact sheet outlines the processes involved in obtaining of liquor licenses and when one is required. Additional fact sheets about applying for liquor licences are available on the Office of Liquor, Gaming and Racing’s website www.olgr.nsw.gov.au. A detailed explanation of the Liquor Act 2007 is provided below. Administrative based system A "centrepiece" of the reforms relates to the abolition of the Liquor Licensing Court and the Liquor Administration Board and its replacement with a new Casino, Liquor and Gaming Control Authority (the Authority) which will deal with all liquor related applications, complaints, and disciplinary proceedings. Registered clubs will be brought under the liquor licensing system and will be regulated by the new Liquor Act. The Registered Clubs Act will primarily deal with management and accountability of clubs only. Social impact The Liquor Act 2007 replaces the current Social Impact Assessment Process (SIA) with a simpler and cheaper Community Impact Statement (CIS). A CIS is required to be prepared by a potential applicant for most liquor licence or licence-related authorisation applications, including the grant or removal of a hotel licence, club licence or packaged liquor licence, or any application for extended hours in relation to these licences, on-premises licence or a producer/wholesaler licence. The CIS is prepared before a liquor licensing application is made. The CIS will gauge the potential impacts of the relevant licence application and summarise the results of consultation held with stakeholders (including local councils). The Authority may only approve an application which requires a CIS where the Authority is satisfied that the overall social impact will not be detrimental to the well being of the local, and broader, community. As part of the CIS process, applicants will be required to provide a notice to the council such that they become involved in the consultation procedures. Councils will then have the opportunity to respond to applicants once they receive the notice. Opportunities also exist for councils to consult with residents and other stakeholders if they wish. Where development consent is required under the Environmental Planning and Assessment (EP&A) Act 1979 to use the premises for the proposed liquor license, consultation for a CIS may be undertaken at the same time as stakeholders are consulted about the development application. Categories of licence The new Act consolidates the number of existing licences to six (6). Of most interest to Council is the "general bar" sub-category of hotel licence and the on-premises licence.
Report of Ben Boyd, Strategic Planner (4) Re: Small Bars Bill
General bar licence The former hotel licence under the Liquor Act 1982 has been now been split into two sub-categories – “hotels” and “general bars”. The general bar licence applies to bars/hotels which do not keep or operate gaming machines and do not include takeaway sales of liquor. There is no size limit on the number of patrons permissible within such a premises which may be entitled to such a licence, as was originally proposed by Clover Moore’s Small Bars Bill. It is believed that this form of licence is intended to make it simpler to open and operate bars, as opposed to larger-scale hotels. The general bar licence will attract a fee of $500, which is substantially lower than the amount for a full hotel licence. General bar licence applications will also be subject to the CIS process. If a premises holding a general bar licence seeks to install and operate gaming machines and/or takeaway sales of liquor, it cannot simply be changed over to a hotel licence without any further assessment under the Liquor Act. If a change in licence is sought, an entirely new hotel licence will need to be applied for and assessed. On-premises licence An “on-premise” licence refers to a licence for the sale of liquor for consumption at the premises where the liquor is purchased. Under the current Act, on-premises licences are only available for specified types of businesses or premises. However, under the new Act, the variety of businesses which can apply for a liquor licence has been expanded. These types of licences will typically apply to cafes, restaurants and the like. The new Act takes the starting position that all businesses may apply for an on-premises licence, whilst the Regulations can specify the types of businesses that cannot have an on-premises licence. A condition of issuing the licence is that the primary purpose of the business or activity being carried out on the premises must not be the sale or supply of liquor. The licence must specify the type or business or activity carried out on the premises and the sale or supply of liquor must be ancillary to another product or service that is sold, supplied or provided to people on the licensed premises. There is also provision within the Act for the Authority to endorse the licence with a special authorisation that allows liquor to be sold or supplied for consumption on the licensed premises otherwise than with, or ancillary to, another product or service. However, the primary purpose of the business must always remain something other than the sale or supply of liquor. "Primary purpose" however is not defined under the Liquor Act 2007.
Report of Ben Boyd, Strategic Planner (5) Re: Small Bars Bill
Although there is no detail provided in the Liquor Act itself, the 2nd reading speech by the Minister of Gaming and Racing indicated that the application process for such an authorisation would be simple, with only a minor processing fee being imposed. The Authority will assess each application on a case-by-case basis and will impose limits on the number of drinkers, and other controls designed to ensure that the primary purpose test is not breached. The special authorisation can be readily withdrawn if problems occur (for example, if the Authority considers that the primary purpose test is being breached).
Noise and disturbance complaints – order of occupancy Order of occupancy is now a consideration in assessing a noise or disturbance complaint. It is hoped that this will go some way toward recognising that residents who move into areas with existing late night or live music venues are not necessarily entitled to expect the same level of amenity as residents in purely residential areas with no such venues. Intoxication While both the current and the new Act make it an offence to sell or supply liquor to an intoxicated person, the current Act has never defined intoxication. The new Act defines "intoxicated" and the Act allows for the Director of Liquor and Gaming (the Director) to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of the Act and these guidelines will be made publicly available. It also provides that the guidelines issued by the Director may indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of the Act. Offences and Increased powers The penalty for the major offences has been doubled. The Authority is given the power to make "late hour entry" declarations (which are essentially lock-out orders) in respect of certain localities, classes of licences or a specific premises. The Director will also be able to issue written directions concerning any matter relating to the licensed premises, including conduct upon the premises. These amendments will not remove the need for relevant approvals under the Environmental Planning and Assessment Act. PLANNING APPROVALS FOR LIQUOR LICENSING ESTABLISHMENTS Despite the requirements under the Liquor Act 2007 to obtain a liquor license, this does not necessarily remove the need to obtain development consent under the EP&A Act 1979. Consideration of the relevant approvals under the EP&A Act, has been determined below with respect to the three most common type of liquor licences likely to be obtained:
Report of Ben Boyd, Strategic Planner (6) Re: Small Bars Bill
• Hotel license; • General bar license; and • On-premises licence
Hotel & General Bar Licences A premises seeking to obtain a “hotel” or “general bar” licence under the Liquor Act 2007 both fall within the same definition under the North Sydney Local Environmental Plan (NSLEP) 2001 – “tavern” which is defined as follows: “ tavern means any premises specified in a hotelier’s licence under the Liquor Act 1982 which does not
provide overnight accommodation on a commercial basis.” It is noted that this definition refers to the Liquor Act 1982. However, now that the Liquor Act 2007 has superseded the Liquor Act 1982, it leaves some doubt as to how a “tavern” may be defined. Notwithstanding the repeal of the Liquor Act 1982, it is common practice for a definition within an LEP or Act to automatically adopt the new reference document, once an existing reference document has been repealed. Taverns are currently permissible in the Commercial and Mixed Use Zones under NSLEP 2001. As previously reported to Council, Council is currently preparing a new comprehensive LEP in the Standard Instrument format. Premises proposed to be used for a purpose subject to a “hotel” or “general bar” licence under the Liquor Act 2007 are both defined as “pubs” under the Standard Instrument. Pubs are defined as follows: “ pub means licensed premises under the Liquor Act 1982 the principle purpose of which is the sale of
liquor for consumption on a premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold on the premises.”
As indicated above, despite the repeal of the 1982 Liquor Act, the definition will automatically adopt the new reference to the Liquor Act 2007. Pubs are not mandated as a permissible use within any zones under the Standard Instrument. Notwithstanding, as Council’s new comprehensive LEP will largely comprise the transfer of current provisions from NSLEP 2001 into the new LEP, “pubs” will be made permissible in the Commercial Core (B3) and Mixed Use (B4) Zones. On-premises licence As indicated, on-licence premises refers to the ancillary sale of liquor to another form of permissible development. In particular, it will predominantly relate to the sale of liquor at new or existing restaurants, cafes and the like. Where the obtaining of the license does not involve any change to the approved use, hours of operation, patron capacity, development works or actions that result in a non-compliance with the development consent of an approved development, no additional development approval under the EP&A Act is required.
Report of Ben Boyd, Strategic Planner (7) Re: Small Bars Bill
However, development consent will be required, if the persons/business benefiting from an existing development also seeks to modify any of the above mentioned matters. Operating without approval from Council will result in commencement of legal proceedings as discussed in further detail below. Change of Use Where for instance an existing premises such as a café or restaurant seeks to primarily operate as a small bar at night, after the approved use has ceased to operate, but still within its approved operating hours, it will be required to obtain development consent to do so. This is due to the premises being used for two separate activities which are separately defined under the NSLEP. In this instance development consent will be required to enable the premises to lawfully operate as both a “pub” as well as its already approved use. However, a change of use is not considered to have occurred, if the primarily operation for the premises continues in conjunction with the secondary use of the premises for a pub. Unlawful Use of a Premises for a Small Bar A premise which commences operating as a “small bar” without prior Council approval, regardless if the existing approved use continues or ceases operation, will contravene the provisions of the EP&A Act. Where a development contravenes its consent or is operating without approval, Council may then proceed to issue an order under Section 121B of the EP&A Act to cease operations. CHANGES REQUIRED TO NSDCP 2002 There are currently no provisions contained within NSDCP 2002 that specifically relate to the use of a premises for a “tavern” or “pub”. In addition, there are no specific controls which relate to “cafes” or “restaurants”. Notwithstanding, Sections 6 – Mixed Use and 20 – Commercial of the DCP contain general provisions relating to the types of potential impacts that may result from allowing such a development. The relevant provisions relate to:
• Limiting the level of noise generation from premises during certain times (Clause 6.2(b), 20.2(b));
• Limiting the level of noise received by adjoining residential properties (Clause 6.2(c);
• Limiting the location of after-hours land uses to protect residential amenity (Clauses 6.4(e)(v), 20.2(d)(v));
• Utilising design or planning to reduce noise impacts (Clauses 6.2(b)(i); 6.2(c)(i, ii, iv &, v); and
• Need to comply with relevant noise standards and policies (Clause 6.2(b)(iv). These requirements enable the majority of impacts associated with pubs, taverns, cafes or restaurants to be considered during the assessment of a development application. The primary issues which appear to be missing relate to:
Report of Ben Boyd, Strategic Planner (8) Re: Small Bars Bill
• the need for a plan of management, demonstrating how the premises is to operate and contingency plans should adverse impacts arise;
• the controlling of where such premises are considered acceptable, other than highly trafficked streets; and
• acceptable operating hours. Despite the lack of specific controls pertaining to “pubs” and “taverns”, all applications for such development are also required to be assessed pursuant to Section 79C(1) of the EP&A Act, which contain a number of matters for consideration. The additional matters raised above can be dealt with under the Section 79C matters of consideration. However, as the matters for consideration are relatively broad in their interpretation, there is potential to overlook or not give appropriate consideration to these additional particular issues. Accordingly, there is scope within the existing controls to incorporate new provisions which specifically relate to licensed premises. This will ensure that all of the relevant issues are considered when assessing such applications. It is recommended that further investigations be undertaken to determine what type of new controls should be included and that these provisions be incorporated within the new comprehensive DCP. LEGAL ADVICE Item 3 of the first part of the resolution relates to obtaining legal advice with respect to permitting of “small bars”. This issue has been discussed in detail above and Council’s Legal Advisor who concurs with the advice provided in this report. ADOPTION OF CITY OF SYDNEY DCP AS A TEMPLATE The second part of the resolution involves the use of City of Sydney’s “Late Night Trading Premises Development Control Plan 2007” as a template to prepare a DCP for North Sydney. A copy of City of Sydney’s Late Night Trading Premises Development Control Plan 2007 has been attached to this report. This DCP applies to specific development types currently operating or seeking to operate between 10pm and 7am the following day. The specific development types include:
• Hotels / pubs; • Nightclubs; • Registered clubs; • Karaoke premises; and • Premises permitting the consumption of alcohol (ie cafes, restaurants and the
like).
Report of Ben Boyd, Strategic Planner (9) Re: Small Bars Bill
The DCP provides controls relating to the following:
• Locations where different types of premises can operate and the hours those premises can operate;
• Undertaking trial periods to enable the ongoing management of performance; and
• Plans of management. This DCP provides good basis on which to establish appropriate controls for North Sydney. However, should City of Sydney’s DCP be adopted as a template for North Sydney, consideration should also be given to controls for such venues between 7am and 10pm, especially in the proximity of existing residential development, such that potential impacts during these additional times are also considered during the assessment process. CONCLUSION Despite the changes to the liquor licensing legislation, it has not changed how a development needs to obtain planning approvals under the EP&A Act. Accordingly, if Council chooses to do nothing at all, there would be no changes required to existing procedures. Noise and control of anti-social behaviour are the principle issues with respect to licensed premises, especially outside of normal business hours. An opportunity exists to strengthen Council’s existing DCP such that matters relating to the hours of operation, location of such premises and plans of management are considered during the assessment of an application. It is recommended that further investigations be undertaken to determine what type of new controls should be included and that these provisions be incorporated within the new comprehensive DCP.
NSW Office ofLiquor, Gaming and Racing
Local councils have an important role in the operation
of the NSW liquor laws.
The determination of development approvals under the
planning laws for (proposed) licensed venues, and the
provision of submissions by councils to the Casino,
Liquor & Gaming Control Authority, will affect the
outcome of liquor licensing applications.
There are also a number of options for councils to deal
with local neighbourhood problems involving existing
licensed venues.
This fact sheet outlines how the liquor laws can be
used by local councils to achieve positive outcomes
for the community.
It also outlines the importance of councils having clear
policies when dealing with development applications
involving (proposed) licensed venues.
This table outlines the categories of liquor licence that can be issued under the Liquor Act 2007.
June 2008
Hotel (including a
general bar licence)
Club
Type of activity
Hotel, bar, tavern
Community Impact
Statement (CIS) required
Yes
A registered club selling liquor to members and their Yesguests
On-premises Can be tailored for one or more types of business Yes, but only where the
activities including a restaurant, entertainment venue, on-premises licence relates
motel, function centre and other settings where liquor to a restaurant or a public
is consumed on the premises entertainment venue (other
than a cinema or theatre)
Packaged liquor Liquor stores, internet operators selling liquor to the Yes
public
Producer/wholesaler Brewer, distiller, winemaker, wholesaler No
Limited Functions held by non-profit organisations, as well as No
special events and trade fairs
All liquor licensing applications are determined by the Casino, Liquor & Gaming Control Authority. In many cases,
a liquor licence application must be accompanied by a CIS.
Corr r ,? ¢- 1
The CIS process is the first opportunity for councils to
influence the outcome of a liquor licensing proposal.
A CIS is prepared by a potential applicant for most
liquor licence or licence-related authorisation
applications. It is prepared before the liquor licensing
application is made.
The CIS allows the Authority to be aware of the impact
that granting an application will have on the local
community. It does this by ensuring the potential
applicant consults with the local community - including
the local council - before deciding to lodge an
application. The CIS summarises the results of
consultation between the applicant and the local
community about any issues and concerns with a
proposed application.
A CIS must be included with the papers lodged with
the Authority when a liquor licence application is made.
It is required for applications that are most likely to have
an impact on the local community - but not for all
applications.
The liquor laws require potential applicants to consult
with local councils as part of the CIS process.
Applicants must provide a notice to the council for this
purpose. Councils should be prepared to respond to
applicants when they receive the notice.
Where a CIS is required, the Authority cannot grant a
licence, authorisation or approval unless it is satisfied
that the overall social impact will not be detrimental to
the well being of the local or broader community.
Councils may wish to consider this issue when
consulted by potential applicants.
The CIS process provides an opportunity for councils
to be consulted on a licensing application, and in turn,
for councils to consult with residents and other
stakeholders if they wish. Further information about the
CIS process - including a list of the applications that
require a CIS - is contained in a CIS toolkit available
from the NSW Office of Liquor, Gaming & Racing
(OLGR) website www.olgr.nsw.gov.au from 1 July 2008.
Where development consent is required under the
Environmental Planning and Assessment Act 1979 to
use the premises for the proposed liquor licence,
consultation for a CIS may be undertaken at the same
time as stakeholders are consulted about the
development application.
- rThe application process is the second opportunity for
councils to influence the outcome of a liquor licensing
proposal. The application process occurs after the
preparation of a CIS (if a CIS is required).
Further information on the licence application process
is outlined in flowchart No.1 on page 7.
Local councils (and police) are required to be notified
by the applicant within two working days of an
application being lodged with the Authority. The types
of applications where notification must be provided are:
n for any liquor licence;
n some types of licence-related authorisations,
including an extended trading hours authorisation
and a primary service authorisation; and
n to remove a licence to another location.
Submissions can be made by local councils (and any
other person) by writing a letter to the Authority within
30 days of the application being lodged (or 14 days in
respect of an application for a limited licence).
Any submissions received must be taken into account
The NSW liquor laws contain measures that allow local
councils to take action against licensed venues that
have an adverse impact on a local community.
^ F --.A disturbance complaint can be made by councils,
police or three or more residents to the Director of
Liquor and Gaming when the quiet and good order of
a neighbourhood is unduly disturbed by the:
n operation of licensed premises; and/or
n behaviour of patrons after leaving the premises
(such as alcohol-related anti-social behaviour and
violence).
In determining a complaint, the Director can impose
conditions on a liquor licence relating to:
n noise restrictions;
n trading restrictions including lockouts/curfews;
n restrictions on the sale/supply of liquor;
n provision of security, or additional security patrols,
in and around the venue; and
by the Authority.
If development consent is required under the
Environmental Planning and Assessment Act 1979 (or
approval under Part 3A of that Act is required) to use
the premises as proposed by the liquor licensing
application - the Authority must be satisfied that
development consent or approval is in force for the
application to be granted.
Councils should consider this issue when deciding
whether to make a submission to the Authority.
Social roflle data to assist councilsBeginning in the second half of 2008, the NSW Office
of Liquor, Gaming and Racing will maintain social
profile data for local government areas across the
State. This data will include relevant crime, health,
licensing and population statistics. It will be assessed
by the Authority when considering liquor licensing
applications.
Reports outlining this data will be progressively made
available to councils and the public during 2008-09 (via
www.olgr.nsw.gov.au) to assist them in considering
their response to liquor licensing proposals (at the CIS
stage) and applications.
0
n requiring the licensee to participate in a local liquor
accord.
The Director will determine if the neighbourhood is
being unduly disturbed. Where a council makes a
complaint, either in its own right or on behalf of
residents, evidence is crucial in establishing the level of
disturbance, and what measures may be necessary to
address it.
The complaint process operates more efficiently and
outcomes are more effective where evidence is precise
and complete.
The disturbance complaint process is outlined in
flowchart No.2 on page 8.
Request to the Director of Liquor andGamingWhere there are problems associated with a licensed
venue, an alternative course of action for councils to
consider is to request the Director of Liquor and
Gaming to:
n impose conditions on a liquor licence; and/or
more responsibility, less red tape
n issue directions to the licensee.
Conditions can be imposed by the Director on a liquor
licence, but only after the Director has given the
licensee an opportunity to make submissions in
relation to the proposal.
Any proposal to impose conditions on a licence by the
Director needs to be supported by evidence to show
that the conditions are required to address a specific
issue associated with the operation of the licensed
venue eg. a condition to employ additional security in
and around the venue to minimise alcohol-related
crime and anti-social behaviour late at night.
Written directions can also be issued by the Director to
a licensee to improve the operation of a venue and
secure compliance with the liquor laws. Directions can
cover any aspect of a venue's operations and can
relate to the way liquor is sold and promoted,
entertainment and other facilities are provided and the
dispersal of patrons at closing time.
Further information on these processes is contained in
flowchart No.3 on page 9.
clionA disciplinary complaint can be made to the Authority
by a council, the Director of Liquor and Gaming and
police against a licensee or a manager on a number of
grounds.
Disciplinary complaint action should only be considered
where there are serious problems associated with the
operation of a licensed venue that cannot be properly
There are 137 liquor accords operating in NSW. Local
councils play an important role in the success of these
accords. Many accords are chaired or coordinated by a
council representative, while others receive funding or
in kind support from councils for their work.
The framework to promote and support liquor accords
in NSW has been strengthened under the liquor laws.
Some of the key features of the liquor laws that impact
on liquor accords are:
n they must be approved by the Director of Liquor
and Gaming and the Commissioner of Police;
n the Director can issue a direction to a licensee to
participate in an accord and/or contribute fees to
an accord; and
addressed by other means - such as the imposition of
conditions, or where there are frequent problems
occurring in and around the premises.
Grounds upon which a disciplinary complaint can be
taken include:
n a breach of licence conditions;
n not complying with a direction given by the
Authority, the Director of Liquor and Gaming or
police;
n allowing activities at the premises that are likely to
encourage the misuse and abuse of alcohol;
n intoxicated people have frequently been found on
the premises or leaving the premises;
n acts of violence have occurred frequently on or near
the premises involving patrons;
n the licence is not being operated in the public
interest; and
n public entertainment is held contrary to the
requirements of the Environmental Planning and
Assessment Act 1979.
The Authority can impose sanctions in determining a
disciplinary complaint. This includes cancelling or
suspending the licence, disqualifying the licensee and
imposing penalties of up to $44,000 for an individual or
$110,000 for a corporation.
Further information on the disciplinary complaint
process is outlined in flowchart No.4 on page 10.
n an accord licensee can apply to the Authority for a
banning order (where a person has been
repeatedly drunk, violent or quarrelsome) to
prevent the person's entry to multiple premises for
up to six months.
More information about the operation of liquor accords
is available from the OLGR website.
OLGR provides support to liquor accords through its
Liquor Accord Delivery Unit. This unit regularly attends
accord meetings around the State, provides updates
on topical issues and is the first point of contact for
accord coordinators and members within OLGR.
Contact the unit on 02 9995 0312 or by email at
accords@olgr. nsw.gov.au
4 June 2008
Policies should be established and promoted by
councils to enable stakeholders to determine the likely
requirements that will need to be met under the
planning laws for a licensing proposal. Whether
development approval is required for a particular
licensing proposal is a key issue.
Three areas where council policies may be required are
in relation to:
n a general bar hotel licence;
n restaurants that wish to serve liquor without meals
(under a primary service authorisation); and
n an extended trading authorisation.
General bar hotel licenceA general bar hotel licence is a limited type of hotel
licence. It allows liquor to be sold to patrons for
consumption on the premises, but does not permit
takeaway liquor sales, or the operation of gaming
machines or other forms of gaming like keno and
wagering.
In some instances, applications for a general bar hotel
licence will relate to new premises, while others will be
for existing licensed premises eg, a licensed
restaurant.
Primary service atrr. i -A primary service authorisation enables liquor to be
served to patrons without another product or service
under an on-premises licence. The most common
example is the sale of liquor in a restaurant without a
meal.
All restaurants, including those with a primary service
authorisation, cannot operate for the primary purpose
of selling liquor. Restaurants with a primary service
authorisation must have meals available at all times.
A primary service authorisation does not allow a
restaurant to operate as a bar. Restaurants that wish
to operate as a bar can apply for a hotel or general bar
licence.
An application for a primary service authorisation can
be made by an existing licensed restaurant, or as part
of a licence application by an unlicensed restaurant or
cafe.
Extended a'ui^iorisationAn extended trading authorisation is required by a
licensee who proposes to trade outside of the
standard trading period. Under the Liquor Act 2007,
the standard trading period is Sam to midnight
Monday to Saturday, and 10am to 10pm Sunday.
Special trading arrangements apply on some days -
such as Good Friday and Christmas Day.
The hours available under an extended trading
authorisation vary depending on the type of licence
and location of the premises.
Factors toe considered by councilsThe following factors are relevant to liquor licensing
proposals. They may be considered by councils when
determining planning policies and requirements:
• the size, location and nature of the premises;
n whether the proposal will involve extended trading
hours (beyond the standard trading period) or an
overall increase in the maximum capacity of the
premises;
n whether planning approval is required to operate
the proposed licensed premises - particularly
where entertainment is to be provided; and
n the existing use of the premises eg. an existing
licensed restaurant wanting to serve liquor without
meals under a primary service authorisation.
E
,1'-'ir licensing
The liquor laws provide an opportunity for greater
interaction between councils and stakeholders when it
comes to licensing proposals and to deal with licensed
venues that are impacting adversely on the community.
Councils should consider the need for a contact point
that can be accessed by existing and proposed
operators, residents and others on licensing matters.
This contact should also be able to provide information
about council requirements for development approval
for licensing proposals and community impact
statements.
more responsibility, less red tape June 2008
General enquiries - 02 9995 0333
CIS enquiries - 02 9995 0587
Licence application enquiries - 02 9995 0894
Disturbance complaint enquiries - 02 9995 0837
Liquor Accord enquiries - 02 9995 0312
All enquires can also be emailed to [email protected].
au
Local councils can also keep up-to-date with
everything that's happening with the liquor laws by
subscribing to our free e-news service at www.olgr
nsw.gov.au/website-subscribe-form.asp
6 June 2008
Step by step - Application process
h,r ap rli c,rtion ^equrre rr carnniunit^!impact hrttrnent7 '
Applicant provides community impactstatement notice to stakeholders
(police, local council, nearbyre=sidents, etc)
Applicant receives froedh-rck fromtakeholders scu +r s anyue '^,^ iirsern.;, conducts, turther
consultation
csuelcononm resolved voluntarilytnroutth agreement undertakincis, etc
No
I aiconcern not e dived
Applicant prepares communityimpact statement outlining
ssur t oncerns anal applirant'sre:t)once
Application (with CIS it ro(tuired)Icotried with Casino, Liquor N Gaming
Control Authority
Application advertised (it req(ired)and north e provided to police, localcouncil arnd resider ts (it required)
Police, local council residents randany rather person /orjorusation canmake submissions to the Authority
Authority gives opportunity forapplicant to re:=,pon i to :a i missions
Authority considers application, any
submission , and applicant'sresponse through examination of
papers and (if required) a conference
Authority grants, Authority retusesapplication ' pplication
- .1 ,ac I
more responsibility, less red tape June 2008
Step by step - Disturbance complaint process
Ihsturborrce - ue raise,,I vhth or tpoliCO 'jr locif council
Ponce or IOCII coun_;il discussdisturbance with li c nsoe or
operator
tistit banc e issue rel solved voluntarily Disturbance i in not resolvedrouygh agreement undert^rl in,hs, etc voluntarily
Disturbance complolnt made toDirector of Liquor and ^^aming
Director of Liquor and GamingIn 3e stig^sto , roof ter and disco .es
complaint with licensee or operator,police, local council, eornplamant
ssu< ^<oncern resolved voluntarilythrough n freoroent, undert3kinds, etc
Director Imposesa condition on the
licence
Disturbanr e i5si_,e rar sed by memberof the public
Iz a _wiconcern not res olved volt intardv
Director of I..iquor and Corning^cnverre a rlisturhance c?ornplaint
conference
Director adiourOscor here ice
subt^ ct to licenseeundertakings
Director i fires awarning to
licensee
Any aggrieved person can requestthe Casino, Liquor & Gaming Control
Authority review the Director'sdecision
Authority confirms Authority variesDirecctor's Directordecision decision
Director takes noaction
Authority revokesDirector'sdecision
June 2008
L. J A
Step by step - Intervention process for resolving issues and concerns regarding licensed premises
L ,ue/nonr- ,m rinsed with or bypolice or local cotmcil
Police or local council discussss /: rconcern with licensee or
operator
un/c:mc rn resolve volunt irilthrough agrr ment, undedakings, etc s ue;concr:m not resolved voluntarily
sue/conc;ern raised by or withDirector of t/quor and Gaming
Director of Liquor and Darning
in ,tigotes matter and disco.u^^/concern with licensee or
operator and police
rv..ern fe olved voluntarilythroe fh agreement, rindr rtalan s, etc
issue/concern raised by member ofthe public or liquor licensing inspector
iie/concern not resolved voluntarily
Director of Liquor and Gamingropr ses t,-) take le ti,lative action -
gives licensee opportunity to makesohrnissions
Issue/concern resolved voluntarilythrough acfreement. undorsakings, etc
Director of Liquor and Caminqimposes conditions on the licence
or issues. directions (s.75)
Any aggrieved person cart requestthe Casino, Liquor & Gaming Control
Authority review the Director'sdecision
Authority confirn isDirector'sdecision
Authority varies Authority revokes
Director's Director's
decision decision
If issue/concern remains unresolved,a di nan/ complaint may he rnode
to the Casino, Liquor I," GangingControl Authority
more responsibility, less red tape June 2008 9
Step by step - Disciplinary complaint process
.sue/c < nc.ern r u Ced by potc;o, localouncil, liquor licensing inspector,
Director of Liquor and Gnming orroomtrer of tho public
Intervention procosrs for resolvinq
s:uc[erconccrns lollo:^ od
seeflowclm dno.3)
Iue/corn ern resolved throughintetventi m p oocess
Authority decides to take no action
u ;/aoncem not resolved throughintervention process
Diz;Ciplinairv complaint lodged withCasino, Liquor & Cavninq Control
Authority by Director of Liquor andGaming, police or local council
Casino, Liquor ry Garning ControlAuthority qiv s licensee, manager closeassociate or non prop notorv a ,c;c, atlon
opportunity to make subntlsslons
Casino, Liquor ., Grarnirnl Control
Authority considers complaint through
exan im_ltlou of tapers and (if rco(Iuired) a
c:onforomcc;
Authority takes action e.g.• in p;rsitfon of lu "rn ,nnditlons• ii position of r?ionetaiy pen^dty
n ,pent or Cancel Ilcr:nn' or author ;odor• di ;m utdify Ilr er man u^'r/doer ;roclole
ordrlr payment of costs
Complaint and/or respondent applies tothe Administrative I )ecisions Tribunal for a
review of the Authority's decision
Admn >trativc Dvc isimmm; IrihunA:• affirms AutPuxi'ys ricrision• valigS lAUtiloril yF CIOCiR?ol7
r tc"c,irleAuthniit riec'iciunanri
^drhstiLR , its own rl i.rision
a ;i it i I^ion nd rrarr,lr; matter foronr;i,kr tion by the A.rthority
10 June 2008