It is important that LDATs understand South Australia's liquor licensing laws and how the community can participate in the liquor licensing process.
Table 1 provides an overview of the South Australian (SA) liquor licensing system, the different types of liquor licences 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 Map your steps.
In Australia, the liquor licensing process varies by state and territory because of the differing legislation. In South Australia:
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, entertainment venues, hotels, 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. Licence holders may apply for extended trading authorisation (ETA) if they wish to trade outside of regular hours.
How the community can find out about new licence applications is covered in Section 3.a.
Liquor licence applications are submitted to Consumer and Business Services (CBS).
Once a liquor licence application has been successfully lodged, CBS requires that, for most licence applications, signage be placed at the proposed premises advertising the application. Most applications must also be advertised on the CBS website as an advertised application notice. The purpose of the advertising is to notify the local community about the application.
Note: only a notice of application is provided, not the licence application itself.
The CBS grants a liquor licence when (for hotel and liquor merchant applications only) the licence is deemed necessary to meet the public’s needs in that area and (for all licence types) the premises are appropriate to licence, if the licence will not cause the negative impacts listed under Section 3.d such as undue disturbance to those living and working in the area, and when the applicant is a fit and proper person to hold a licence.
Under Section 77 of the Liquor Licensing Act 1997, the public has the right to object to a licence application.
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 an objection 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 South Australia 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 South Australia.
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).