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Effective date: 7 May 2007 Last amended: 3 October 2018Next review: February 2021
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 requirements relevant to objections and submissions under 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.
Section 73 of the Liquor Control Act 1988 (‘the Act’) provides the right to object to a liquor licence application where that application has been required to be advertised.
Section 72A of the Act provides the right for a person to make a submission to the Director of Liquor Licensing in support of or in opposition to an application.
Section 74 of the Act provides that no objection can be made except on one or more of the following grounds —
undue offence, annoyance, disturbance or inconvenience to persons who reside or work in the vicinity, or to persons in or travelling to or from an existing or proposed place of public worship, hospital or school, would be likely to occur; or
Where an objection is lodged on the ground that the grant of the application would not be in the public interest, the notice of objection must be accompanied by submissions setting out the reasons why the objector considers the objection can be made out.
Further, the Director may require any objector to verify:
When lodging an objection, the objector is to meet the following requirements:
It should be noted that the Director has the power under the Act to decide that an objection:
If the Director makes such a decision, the objector will be notified seven days before the application is to be determined.
Any person may make a submission to the Director of Liquor Licensing in support of or in opposition to an application.
A person who makes a submission to the Director is not a party to proceedings and will not be afforded the same rights and recognition as an objector.
If a person wishes to become a party to proceedings, they must lodge a formal objection.
Submissions must be made in writing (including via email or by post).
Persons may submit their submission using a LLD/18 Form – Submission.
Additional information and objection forms are available on the the department’s website or telephone 61 8 6551 4888.