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Alcohol Licensing Laws for Hospitality Businesses

In Short

  • Depending on your location and business type, your hospitality business may need various licences to serve alcohol.
  • All staff involved in serving alcohol need a Responsible Service of Alcohol (RSA) Certificate.
  • Regularly review and renew your licences, and make sure your business complies with ongoing requirements.

Tips for Businesses

Before serving alcohol at your hospitality business, confirm the required licences for your location and business type. Ensure all employees involved in serving alcohol hold an RSA Certificate. Follow the necessary steps to acquire and maintain your licences, and be aware of special licences for events or online sales.


Table of Contents

If you want to serve alcohol at your business, there are a few key licences that you and your employees will need. Australia has strict laws on who can sell alcohol, and for your business to legally serve drinks, you must comply with these licensing requirements. This article will take you through the:

  • kinds of licences your business will need to serve alcohol;
  • licences your employees will need to serve alcohol; and 
  • steps you can take to obtain and maintain your licences. 

What Licences Does My Business Need?

The licence you need depends on where you are in Australia and what type of hospitality business you run. Each state and territory offers different types of alcohol licences that you may need depending on whether you run a bar, a restaurant, a nightclub or any other kind of hospitality business.

Some key considerations are:

  • Place of Consumption: Your obligations will differ depending on whether or not the alcohol is intended to be consumed on the premises. These licenses usually require approval from your landlord and, possibly, council zoning approval. 
  • Wholesale or Retail: You should consider whether you will be selling to other businesses who already hold liquor licences or to the general public. 
  • Limited Use: Some states and territories have special licences available for special events. These range from single-use licences to licences with limits to a specific number of days each year. This is a key consideration if your business is a sporting club or other establishment holding events. 
  • Online Sales: The licensing for selling online varies significantly from state to state. Most of the regulator bodies look to where the alcohol is being stored and distributed from to assess where the licence must be held. 

Do My Employees Need Licences? 

No matter where you are in Australia, any of your employees involved in serving alcohol will need a Responsible Service of Alcohol (RSA) Certificate. The RSA Certificate ensures that your employees know their responsibilities when serving drinks. Employees can complete an RSA course online or in person. 

Bartenders are not the only employees that need RSA Certificates. Depending on your jurisdiction, waitstaff that help serve drinks, event staff and even security workers may need an RSA.

If your business operates in a way that involves employees sharing tasks and roles in an ad hoc manner, it is worthwhile ensuring that all employees have RSA Certificates. As a general rule, you should ensure all employees who are involved with alcohol in some capacity have an RSA Certificate.

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How Do I Acquire a Licence?

The requirements will differ depending on where you are in Australia and what licence you seek to obtain. However, there are some general steps that you can take to give your business the best chance of obtaining a licence to serve alcohol, such as:

  • seeking landlord consent;
  • preparing an alcohol management plan;
  • considering how the community will be impacted; and 
  • ensuring you and your employees have gone through the required training.

Key Takeaways 

Before your hospitality business can start serving drinks, you need to make sure:

  • you have the right licence depending on where you are and what kind of business you run. Each state/territory has different licences available and different requirements for each licence; and
  • your employees have RSA Certification if they are involved in serving drinks. It may be worth making sure as many employees as possible have an RSA.

You also will need to take steps to maintain your licences, so that you can keep serving drinks at your business. 

If you need help with the alcohol licensing process, our experienced food and hospitality lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1800 486 528 or visit our membership page.

Frequently Asked Questions

Can I apply for an alcohol licence for a one-off event?

Yes, many states and territories offer special licences for one-off events, such as single-use or limited-duration licences. These are ideal for businesses hosting events like sporting games or festivals.

What happens if an employee serves alcohol without an RSA Certificate?

Serving alcohol without an RSA Certificate can result in fines and penalties for both the business and the employee. It is crucial that all employees involved in serving alcohol have completed the required RSA training.

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David Kerr

David Kerr

Practice Group Leader | View profile

David is a Practice Group Leader with broad experience across all areas of corporate and commercial law. He has assisted a large number of startups and established companies with their legal needs, including advising on business contracts, employment/contractor agreements, employee equity plans, leases and licence agreements, capital raising and mergers and acquisitions.

Qualifications: Bachelor of Laws, Graduate Diploma of Legal Practice, Bachelor of Science, Western Sydney University.

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