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This factsheet provides guidance around the process if the Director of Liquor Licensing (DLL) proposes to change conditions on a liquor licence against the wishes of the licensee.

Imposing, varying or cancelling a condition

The Liquor Control Act 1988 (the LC Act) allows the DLL to impose, vary or cancel a condition on a licence.1

Under some circumstances, the DLL may propose to impose, vary or cancel a licence condition (change a licence condition) against the wishes of a licensee.2 This might occur: 

  • at the written request of the parties to a liquor accord3
  • if a negative characteristic of the licensee’s business has been brought to the attention of the DLL, and a change of licence condition is proposed to rectify the situation 
  • where there are elevated alcohol-related harms occurring in a community or town, which requires the DLL’s intervention to minimise the harm or ill-health being caused to people, or any group of people, due to the use of liquor4
The proposed condition may relate to any aspect of the business and any activity carried on at the licensed premises.5 It is likely that the proposed change of licence condition would be less favourable to the licensee in some way.  

Before making a change of this nature, the DLL will send the licensee a notice which outlines the proposed change of licence condition and gives them an opportunity to demonstrate why it should not occur.6 The notice can be served on the licensee in person, left with an employee at the licensed premises or sent by post.7

On receiving this notice, the licensee will have an opportunity to present their case and explain why the change in licence conditions should not take place. They may wish to highlight any mitigating circumstances or changes of procedures which have been introduced to address the issue. However, if they do not respond, the DLL is likely to go ahead with the indicated change of licence condition. 

When deciding whether to change a licence condition, the DLL may determine the matter ‘on the papers’, that is, on written evidence, or by conducting a hearing.8

The DLL may delegate their powers to an inspector under the LC Act.9 Any report prepared by an inspector with these delegated powers will be relied upon as evidence, though the licensee may make submissions in relation to any recommendations included in the report or take issue with its conclusions.  

In gathering evidence to support a decision on the proposed change of licence condition, the DLL may consult with any or all of the following:

  • the Commissioner of Police 
  • the relevant local government 
  • the Chief Health Officer 
  • any other person, body or authority the DLL considers may be able to provide information relevant to the decision.10 

If the Commissioner of Police has reported a matter regarding a licensed premises to the DLL, the DLL will rely on this information without further investigation.  

If the DLL decides to conduct a hearing, they will give the licensee notice so that the licensee may attend the hearing and be heard11. If a hearing is held, the licensee may appear:  

  • personally 
  • by counsel 
  • by an officer or employee of an association formed to promote the interests of a section of the liquor industry, if the party is a member of that association 
  • by an officer or employee of the body corporate, where the licensee is a body corporate 
  • by any other person approved by the DLL.12
Hearings before the DLL will generally be in private, and the DLL will determine who is to be present. However, the DLL may consider that in the circumstances of the case it should be held in public.13 During hearings the DLL must act in a just and proper manner as described in the LC Act.14 

When the DLL has made a decision, licensees will receive written notice of the decision which sets out their right of review.15 Where a licensee is dissatisfied with that decision of the DLL, they may apply to the Liquor Commission to review it.16 

If the DLL has imposed a condition and the licensee contravenes it, the DLL may impose a more restrictive condition in relation to the licence or impose on the licence holder a monetary penalty not exceeding $1000 for each day on which the contravention continues.17

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy. 

Notes

  1. LC Act s.64 (1a)
  2. LC Act s64(2b)
  3. LC Act s64(1a)(c)
  4. LC Act s64(3)(cc)
  5. LC Act s64(6)
  6. LC Act s.64 (2a)
  7. LC Act s.174(1)
  8. LC Act s.13 (5)(a)
  9. LC Act s15(1)(a)
  10. LC Act s64 (1C)
  11. LC Act s13 (5)(b)(ii)
  12. LC Act s17(1)
  13. LC Act s13(6)
  14. LC Act s16
  15. LC Act s18AA(1)
  16. LC Act s25
  17. LC Act s64 (7).
Page reviewed 09 December 2024
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