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This policy summarises the legislative requirements outlined in the Liquor Control Act 1988 (LC Act) relating to planning approvals and local government certifications.
Anyone making an application for:
The Director of Liquor Licensing (DLL) may require evidence that:
The DLL is required to be satisfied that the proposed premises complies with the relevant planning laws. Applicants can address this requirement in 2 ways:
A section 40 certificate must specify the relevant planning laws and state whether the proposed use of the premises:
The DLL may impose a condition on a licence relating to the submission, or further submission of a section 40 certificate.3
When an applicant chooses to submit a development approval instead of a section 40 certificate, the development approval must specify the type of liquor licence the applicant is seeking (or already possesses) and outline all conditions set by the planning authority. If the development approval is outdated, incomplete, or not specific to the premises, the applicant will be asked to provide a section 40 certificate instead.
Once all construction work on a proposed or existing licensed premises is finished, the applicant must demonstrate that the premises complies with legal requirements relating to health, hygiene, and building safety standards. This can be done by submitting either:
A section 39 certificate must state whether or not a premises complies with the relevant requirements of the:
In circumstances where the premises does not comply, the certificate is to state the manner in which the premises could be made to comply or that the premises could not reasonably be made to comply.6
Occupancy permits are issued for new buildings, or for a change of classification under the Building Act 2011. Where an applicant chooses to lodge an occupancy permit as evidence that the licensed premises meets the required standard, it must be a BA10 occupancy permit in the form approved under the Building Act 2011.7 If an occupancy permit has not been issued in respect of the relevant building, the applicant must submit a section 39 certificate instead.
The LC Act also provides that:
without the applicant first addressing those matters outlined in sections 39 and 40, subject to the condition that the certificate or other evidence be produced on or before the issue of the licence or approval for the licensee to occupy the altered or redefined part of the premises.
It is the responsibility of the applicant to be aware of the time and uncertainties involved in planning authority and local government applications and not to make premature applications to the DLL or delay too long between obtaining local government approvals and lodging the application. If an application is deferred too long, circumstances can change and matters such as the public interest assessment can lose currency.8
Further information on licence requirements is available, or contact 61 8 6551 4888.
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.
Next review date: 3 years from approval date or earlier, as required.
Version 1.0Issued 29 August 2024 In effect from 29 August 2024
Policy reviewed and updated.