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Effective date: 7 May 2007Last amended: 12 June 2019Next review: December 2020
This Policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
This policy provides guidance as to the legislative and operational requirements associated with Liquor Accords.
Section 64 of the Liquor Control Act 1988 (“the Act”) provides that the licensing authority may impose, vary or cancel a condition of licence of its own motion; on the application of the licensee; or at the written request of the parties to a Liquor Accord.
This publication provides guidance on what constitutes a liquor accord and under what circumstances an accord may seek conditions of licence to be imposed, varied or cancelled.
For the purposes of section 64 of the Act, a 'liquor accord' means a written agreement or other arrangement:
Liquor accords are a co-operative arrangement aimed at developing safe and well managed environments in and around licensed premises in the local context. They are part of an overall strategy that seeks to achieve a standard of practice that assists in fostering a responsible drinking culture; ensures safety in the local community; and promotes effective communication and problem solving between licensees and key stakeholders.
Each liquor accord is focused on resolving local issues within a local area. Although individual Accords may have similar elements, there are no two the same.
Liquor accords may include representatives from licensed premises, businesses, councils, police, government departments and other community organisations.
The intended outcomes of liquor accords include:
Prior to considering a request from a liquor accord to impose conditions, the Director must be satisfied that the accord is a bona fide accord group, established consistent with the provisions set out in section 64(1b) of the Act.
Therefore, in order to obtain this approval, the liquor accord will be required to submit the following information to the Director:
Please note: a liquor accord only requires the Director’s approval where it wishes to seek the imposition or variation of conditions under section 64 of the Act. That is; a liquor accord does not require this approval in order to become established.
Where a liquor accord determines that in order to achieve agreed outcomes in the local context, it may be in the public interest for conditions to be imposed on licences within that liquor accord community or district, the liquor accord may lodge a written request with the licensing authority.
In lodging that request, the liquor accord will be required to submit the following information:
In considering the proposed conditions, liquor accords should have regard to harm minimisation issues and strategies and be careful not to engage in anti-competitive practices. In this regard, section 174B(2) affords protection against the provisions of Competition and Consumer Act 2010 (Commonwealth) and the Competition Code but only in circumstances where a Liquor Accord complies with 64(1b) of the Act.
It should be noted that the absolute discretion to impose, vary or cancel a condition of licence lies with the licensing authority. In this regard, conditions will only be imposed, varied or cancelled where the licensing authority considers it is in the public interest to do so, consistent with the purpose and objects of the Act. In addition, the Public Interest Assessment Policy details information sources and reports that decision makers may have regard to in forming their decisions.
For further information on accords is available on the department’s or telephone 61 8 6551 4888.