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Purpose

This factsheet clarifies the requirements for licensees operating under a restaurant licence, including those granted a ‘liquor without a meal’ extended trading permit (ETP), a special facility licence for room service restaurants, and a guest accommodation ETP. 

Legislative requirements

The Liquor Control Act 1988 (LC Act) provides that every licensed restaurant must predominantly be in the business of serving meals to customers at the restaurant and must contain a kitchen suitable for this purpose.¹ A restaurant licence permits the sale of alcohol to a customer who is consuming a meal at the restaurant,² which means the customer must be sitting at a table, or a fixed structure used as a table, with cutlery provided.³

Background

A standard restaurant licence (for example, one not extended by a ‘liquor without a meal’ ETP) only allows the licensee to sell alcohol for consumption with a meal. 

If it is alleged that the holder of a restaurant licence sold alcohol without a meal, to prove this to be wrong the licensee or customer will need to show evidence that the:

• meal was substantial and was eaten or intended to be eaten by the customer the alcohol was sold to
• meal was served to, or eaten by, customers sitting at a dining table
• purpose of the customer entering the premises was to eat a meal
• supply of alcohol was incidental to the service of a meal.⁴  

If a restaurant licence authorises the sale or consumption of alcohol ancillary to a meal provided by the restaurant,⁵  then, with the consent of the licensee, customers can bring their own alcohol (BYO), with the intention of consuming it with their meal,⁶  and take any unconsumed portion away with them afterwards.⁷ 

When wine is sold to a customer for consumption with a meal provided by the licensed restaurant, then the customer can take the remaining wine in the opened wine bottle away with them afterwards.⁸

If the owner or manager of an unlicensed restaurant provides alcohol to customers, it is an offence subject to a $2000 penalty.⁹ 

If the Director of Liquor Licensing (DLL) requires a licensee to establish the primary purpose of the business, the licensee may be asked to provide a record of all transactions entered into by or on behalf of the licensee involving the sale or other disposal of liquor and food.

These requirements apply even when a ‘liquor without a meal’ ETP is granted.

Restaurant — liquor without a meal ETP

Licensees may apply to the DLL for an ETP to allow the sale and supply of alcohol without the requirement to consume a meal.¹⁰ If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,¹¹ however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table.

Customers are not allowed to consume alcohol while standing at a bar or walking around. To ensure that the licensed premises retains the primary characteristic of a restaurant, alcohol can only be consumed whilst seated. 

The licensee must implement effective controls to ensure that customers remain seated while consuming alcohol. This could include:

• providing alcohol by table service only
• having signage advising customers they must be seated if drinking alcohol
• training employees that customers must be seated while consuming alcohol. 

Failure to ensure that customers only drink alcohol while seated may result in the imposition of further conditions, or the cancellation of the ETP. 

The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.¹² The following conditions apply to all restaurant ‘liquor without a meal’ ETPs:

• The purpose of the business at the licensed premises must primarily and predominantly be the regular supply of meals to patrons. ‘Meal’ is as defined in s3(1) of the Liquor Control Act 1988 (LC Act).
• Liquor may only be:
  • consumed by patrons seated at a table, or a fixed structure used as a table
  • supplied to patrons while the kitchen at the licensed premises is available to serve meals.
• The number of patrons allowed on the premises. (Note: this will only be a required condition if it is 120 or less)¹³
• The permitted trading hours are the same as a hotel licence, as set out in section 98 of the LC Act.
• This permit is valid while the licence is in force unless otherwise cancelled by the licensing authority under the LC Act.

Note that if the restaurant licence is going to be subject to a condition that the maximum number of customers on the premises is 120, then the DLL may issue a ‘liquor without a meal’ ETP at the same time as granting the licence.¹⁴

Special facility licence — room service restaurants

A special facility licence can be issued to a ‘room service restaurant’, which provides room service to people staying in residential accommodation on either the same, or adjacent, premises.¹⁵

There are 2 types of special facility licences for room service restaurants. One permits alcohol to be sold to customers who are eating a meal at the restaurant, and also allows packaged alcohol to be supplied to a customer’s room, whether a meal is being consumed or not. This type of licence permits the sale of packaged alcohol outside of regular trading hours to a lodger¹⁶ or a specified¹⁷ class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.¹⁸

In the other type of special facility licence for a room service restaurant, alcohol may be served with or without a meal during the hours permitted under a hotel licence.¹⁹ Alcohol must be consumed by a customer who is seated at a table. 

ETP — guest accommodation

Where a restaurant has guest accommodation and the holder of the restaurant licence has an ETP for guest accommodation, it permits the sale of alcohol to lodgers, whether or not a meal is served.²⁰ The DLL must be satisfied that the predominant purpose of the premises is the provision of accommodation for the travelling public . 

Additional guidance

Further information on licence requirements is available at Liquor applications, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The fact sheet 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. Liquor Control Act 1988 (LC Act) s50(3).
2. LC Act s50(1). 
3. Definition of ‘meal’, Liquor Control Act 1988 (LC Act) section 3(1)
4. LC Act s.52(2).
5. LC Act s110(6).
6. LC Act s110(6)(c).
7. LC Act s110(6)(d).
8. LC Act s110(6A).
9. LC Act s51(2).
10. LC Act s31(4).
11. LC Act s60(4)(ca).
12. LC Act s50(1a)(b)(i).
13. The maximum number of patrons is restricted by the licence type and will either be 120 people or less, more than 120 people, or it could be another number, for example if subject to limitations on patron numbers, imposed by local government.
14. LC Act 50A.
15. LC Regs r9A(17)
16. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises.
17. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation.
18. LC Act s46(5).
19. LC Act s98 defines the permitted hours of a hotel licence.
20. LC Act s50(2).
21. LC Act s60(4)(c).