It is important that LDATs understand New South Wales’s liquor licensing laws and how the community can participate in the liquor licensing process.
Table 1 provides an overview of the New South Wales (NSW) liquor licensing system, the different types of liquor licenses and permits, and the liquor licence application process. Links to more detailed information are provided throughout this toolkit. Further information on how the community can participate in liquor licensing processes and object to liquor licence applications is outlined in Map your steps.
Critical considerations | Details |
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The NSW liquor licensing system |
In Australia, the liquor licensing process varies by state and territory because of the differing legislation. In New South Wales: • The Liquor Act 2007 controls the sale and supply of alcohol www.legislation.nsw.gov.au/inforce/8a197a07-ffb9-eceb-a956-ce6b1f11a313/2007-90.pdf • Liquor and Gaming NSW (L&G NSW) is a branch of the NSW Department of Industry, and is responsible for regulating the liquor and gaming industries. |
The different types of liquor licences and permits |
A liquor licence or permit states where and when alcohol can be served. Different licences and permits are available to suit different businesses or community organisations (e.g. clubs, restaurants, packaged liquor, etc.). In addition to new liquor licences, licence variations are available for existing liquor licensees that want to change or extend the conditions of their licence. Details about the different types of licences: www.liquorandgaming.nsw.gov.au/Pages/liquor/liquor-licences/which-licence-do-I-need.aspx |
The liquor licence application process |
New applications How the community can find out about new licence applications is covered in Section 3a. Liquor licence applications are submitted to L&G NSW. Community impact statement Most liquor licence applicants are required to complete a community impact statement (CIS) as part of their case for the application. The CIS must be completed and submitted alongside the liquor licence application. Police and council must be consulted as part of the CIS. Depending on the specifics of the application, other stakeholders, such as neighbouring premises, may also need to be consulted. Advertising Once a liquor licence application has been lodged, L&G NSW requires most applicants to erect signage at the proposed premises to notify the local community of the application. Most applications are also required to be advertised on the L&G NSW online noticeboard. Note: only a notice of application is provided, not the licence application itself. Approval process L&G NSW considers a number of issues when deciding to grant a licence in accordance with the Liquor Act 2007, including a consideration of social impact. [1] Public submissions Under the Liquor Act 2007, the public has the right to object to a license application. L&G NSW provides a template to assist public submissions to be made in relation to a liquor licence application – although there is no requirement that community members use this template when making a submission: www.liquorandgaming.nsw.gov.au/Documents/public-consultation/app999-public-submission-liquor-or-gaming-application.pdf |
Setting objectives for your Community Action Plan activity is an important part of your LDAT planning process.
Some example objectives for community participation in liquor licensing are provided below.
Groups can develop their own objectives, although you may find these a useful starting point.
LDATs have a key role in building relationships in the community and finding allies that will support action to reduce the harm caused by alcohol in the community. Key community partners include the local council and police. The local council and police may also make a submission about a new liquor licence, and may be able to assist you with gathering some of the data about your local area (e.g. alcohol-related crime, anti-social behaviour, and property damage).
Liquor accords in New South Wales are voluntary associations of liquor industry and community stakeholders. Depending on the area in question, they may involve liquor licensees, police, community members or organisations, and council. They typically seek to address anti-social behaviour and other problems arising from alcohol. Liquor accords may be more or less effective depending on the partners involved, the region in question, and the objectives of the accord. The Liquor Accords Australia website offers more detail and a list of active accords in New South Wales.[2]
It is important for LDATs to work with partners who represent the population groups in their communities. Consider what population groups are in your community and who may be at risk of experiencing alcohol-related harms – you can partner with individuals and organisations who represent these groups. For example, if Aboriginal and Torres Strait Islander people are represented in your community, partner with Aboriginal and Torres Strait Islander people’s organisations to make sure local action is responsive to local needs and representative of the community.
Partners may include:
Below is an indicative list of resources required for LDATs when facilitating community participation in liquor licensing. The resources you may need will depend on a number of variables, such as the specifics of the licence application, why you’re objecting to it, and your desired outcomes. Local Drug Action Teams may be able to provide some of these resources or work with partners who can provide additional support.
While you are planning your activity, it is important to consider measures of success for your activity. Determine how you will evaluate the success of your activity linking your success measures to your objectives. See Measure your success