How Do I Apply for a Liquor Licence in NSW?

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Table of Contents

• How Do I Choose the Right Liquor Licence for My Business?
• When is a Liquor Licence Not Required?
• Lodging Your Application
• If Your Application is Successful
• Key Takeaways

If you are interested in starting a business involved with alcohol, you should understand what licensing requirements there are in New South Wales. While most people understand that you need a liquor license to serve alcohol, you may require a liquor license for other business ventures that include alcohol. This article will outline the various aspects of liquor licensing in NSW and the process to follow in order to obtain a licence.

How Do I Choose the Right Liquor Licence for My Business?

You will need to figure out which licence to apply for. This is primarily dependent on the activities your business intends to conduct. There are generally seven liquor licence types in NSW, including a: 

• hotel licence;
• club licence;
• small bar licence;
• on-premises licence;
• packaged liquor licence;
• producer/wholesaler licence; and
• limited licence.

Generally, the factors that will affect the type of licence you will need to obtain include:

• when you intend to serve alcohol;
• the capacity of your business venue;
• whether consumers will drink the alcohol on your business premises or take it elsewhere; and
• if you are producing or wholesaling alcohol.

The following table from NSW Liquor and Gaming also provides a high-level summary of typical business models and the licences they require. Bare in mind that this is not an exhaustive list:

When is a Liquor Licence Not Required?

There are a number of situations where a liquor licence is not necessary. NSW Liquor and Gaming has identified the following businesses where under specific circumstances, the business will not be required to apply for a liquor licence, including:

• bed and breakfast establishments;
• retirement villages;
• cruise vessels;
• aircraft;
• hospitals and nursing homes;
• gift baskets and flowers; and
• auctions.

However, we note that this list only applies to a very restrictive set of circumstances, and we recommend that you conduct further research to determine whether your business model requires a liquor licence.

Lodging Your Application

Once you have identified the licence that you will require, you can apply for a licence online. Lodging an application is a multi-stage process that can involve the following steps:

1. Providing a Community Impact Statement – A written summary that describes the potential impact that a liquor licence may have on a neighbourhood and the measures put in place to manage the risks.  
2. Obtaining Development Approval (DA) / Development Consent from your local council for the proposed operation of your business. An application for a liquor license will not be determined until you can provide an approved DA.
3. Advertisement of your application on the Liquor and Gaming Application Noticeboard which allows members of the community, including local police and council, to comment on your application.
4. Determination period – Once the Noticeboard period ends, your licence application will be considered.

In making your application, you will typically need to provide a number of documents, including:

• an application form – not required for online applications;
• a community impact statement;
• a copy of your development consent or approval from council – if required;
• evidence of approval for outdoor seating – if required;
• a completed applicant declaration;
• a current National Police Certificate less than 3 months old;
• an ASIC extract if it is corporation that is applying for the liquor licence;
• a floor plan of the premises with an outline in red showing the area you want to licence;
• evidence that you have told neighbouring premises;
• an application fee; and
• a plan of management 

It can take up to 12 weeks for the regulator to make a determination in relation to your application once the Noticeboard consultation period has ended. Timing will depend on various factors, including any comments or feedback submitted.

If Your Application is Successful

Once your licence is granted, you will need to comply with ongoing requirements of a liquor licensee, including but not limited to:

• display of signs notifying patrons and staff of the consequences of non-compliance with liquor laws and other requirements regarding the Responsible Service of Alcohol;
• limiting violence;
• pay ongoing fees; and
• ensuring your venue complies with all the conditions your licence was granted under.

Key Takeaways

Applying for liquor licences is an important step to being able to run your business. The type of licence you will need will depend on the activities your business intends to conduct. Generally, the factors that will affect the type of licence you will need to obtain include:

• when you intend to serve alcohol;
• the capacity of your business venue;
• whether the drinks will be consumed on your business premises or taken elsewhere; and
• if you are producing or wholesaling alcohol.

If you have any further questions about liquor licenses, our experienced regulatory lawyers can help 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 1300 544 755 or visit our membership page.