It is important that LDATs understand the ACT’s liquor licensing laws and how the community can participate in the liquor licensing process.
Table 1 provides an overview of the ACT 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. Further information on how the community can participate in liquor licensing processes and object to liquor licence applications is outlined in Section 3: Delivering community participation in liquor licensing: Key steps.
|The ACT liquor licensing system||
In Australia, the liquor licensing process varies by state and territory because of the differing legislation. In the ACT:
• The Liquor Act 2010 https://goo.gl/xvFoVi, Liquor Regulation 2010 https://goo.gl/zWEvYy, and the Liquor Amendment Bill 2017 https://goo.gl/MpSA1s control the sale and supply of alcohol.
• Access Canberra falls under the Chief Minister, Treasury and Economic Development Directorate 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. bars, nightclubs, commercial hotels, community clubs, etc.).
In addition to new liquor licences, permits and licence variations (amendments) are available for existing liquor licensees that want to change or extend the conditions of their licence.
Details about the different types of licences and permits:
|The liquor licence application process||
How the community can find out about new licence applications is
covered in Section 3.a.
Liquor licence applications and amendments are submitted to Access Canberra. Once accepted, a public consultation notice is published containing details of the location of the venue and its proposed trading hours, but the full liquor licence application is not publicly available.
Liquor licence applications to Access Canberra are accompanied by:
• a Risk-Assessment Management Plan (RAMP). A RAMP is a document that describes a liquor licensee's management practices and procedures at their licensed premises. The purpose of a RAMP is to outline how a licensee will manage their premises to minimise harm caused by alcohol abuse and misuse. This is a requirement of the Liquor Regulation 2010. RAMPs are not publicly available. More information:
Once liquor licence application forms have been successfully lodged, Access Canberra requires that signage is placed at the proposed premises, or at the premises applying for an amendment to their licence, for 30 days and that public notice of the application or amendment is published on the ACT Open Government website. This advertising is to notify the local community about the application.
Access Canberra grants a licence based on the suitability of:
• the proposed licensee
• close associates
• influential people
• people in the day to day control of the premises
• the premises itself.
Details about ‘suitability’ can be found under Divisions 4.1 and 4.2 of the Liquor Act 2010.
Under Section 9 of the Liquor Act 2010 and Section 9 of Liquor Regulation 2010, applications for new liquor licences, as well as variations to existing liquor licences, are required to be advertised so the public is aware. The signage must include a statement that representations (comment/objection) can be made to the application.
The objections process is designed so the general public, nearby businesses, police and council can have their say on liquor licence applications that may impact the local area and affect the lives of people living or working near the licensed premises.
For more information on public objections to liquor licences visit: https://goo.gl/9qbfHZ
Setting objectives for your Community Action Plan 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 representation 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).
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.