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Purpose

This policy sets out how many adult guests a lodger may have.

Who will be interested in this policy?

Any person whose licence authorises them to have lodgers at their licensed premises.

What is the significance of someone being a lodger?

A lodger is a person residing, either casually or permanently, at the building or place associated with a liquor licence or permit.¹

The definition of lodger in the Liquor Control Act 1988 (the LC Act) is important because restrictions on trading hours do not apply to the sale of alcohol to a lodger if the licence or permit authorises lodgers.²

Licensees must not allow alcohol to be supplied to or consumed by a juvenile.³ If alcohol is provided to lodgers outside the permitted trading hours for that licence, the licensee must not allow alcohol to be consumed:

• if more than the approved number of guests is present⁴
• unless it is purchased by the lodger, who is present, and either consumed by them or their adult guest/s.⁵

If these requirements are breached, a penalty of $10,000 will apply to the licensee or manager, $4000 to an employee or agent and $2000 to the lodger.

The policy of the Director of Liquor Licensing is that a lodger may have 6 adult guests. Licensees may apply to the DLL for this number to be increased if they can demonstrate reasonable grounds for the request.

Additional guidance

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

Disclaimer

The policy 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) s3(1)
2. Lodgers may be authorised under hotel licences, tavern licences, special facility licences, restaurant licences, club licences and certain extended trading permits
3. LC Act s106(1)(a)
4. LC Act s106(1)(b)
5. LC Act s106(1)(c).

Approval

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