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This document sets out the main features of an occasional liquor licence (occasional licence) in the Liquor Control Act 1988 (LC Act).
An occasional licence authorises the licensee to sell or supply alcohol or allows for the consumption of alcohol at an occasion with a duration of no more than 3 weeks.1 ‘Occasion’ is a term included in the definition of a function, which is a gathering, occasion or event, including a sporting contest show, exhibition, trade, fair or reception where alcohol is proposed to be sold, supplied or consumed by those present.2
When determining whether to grant an application for a licence under the LC Act, the DLL must consider whether the grant is in the public interest and the potential for harm to be caused as a result of the use of alcohol.3 As a general rule, the DLL will not grant an occasional licence if the consumption of alcohol appears to be the primary purpose of the event.
The following are examples of occasions which are not predominantly about the consumption of alcohol, where the grant of an occasional licence would be considered:
An occasional licence authorises the organiser and specified persons to supply alcohol, which may be a specified type of alcohol, during specified times or occasions.4 An occasional licence allows the consumption of alcohol by those who are present at the occasion. The sale of packaged alcohol, which can be consumed elsewhere, will usually not be permitted because its consumption is not necessarily associated with the occasion that is being held. An applicant who wishes to sell packaged alcohol would need to demonstrate how this is in keeping with the occasion, in addition to satisfying the DLL that this manner of trade will not be detrimental to the public interest.5
Sometimes functions can be exempt from the requirements of the LC Act. Before lodging an application for an occasional licence, applicants should refer to the policy Exemptions to the Liquor Control Act 1988 to check whether the proposed event or function would be exempt from the Act.
An occasional licence will not be granted if, in the DLL’s opinion:
If the DLL requires it, an applicant must be able to show that consent has been obtained from:
If the applicant for an occasional licence is intending to enter into a profit-sharing arrangement with another person, they must get the DLL’s approval for this arrangement. For example, the licensee may wish to share the proceeds from the sale of food with a caterer or share part of the entry fee with the entertainers. Refer to the factsheet Profit sharing agreements for further information.12
If the DLL requires it, an applicant for an occasional licence must submit plans of any premises on which the sale or consumption of alcohol is sought.13
An application for the grant of an occasional licence may be lodged with the DLL in the approved form at least 14 days before the licence is to take effect unless the DLL approves some other time period.14 The following lodgement periods apply if a large number of people are expected at the event:
In regional areas, if attendance at the function is expected to be more than 500 people, or the event duration is longer than 7 days, an application for an occasional liquor licence can be lodged with the managing registrar of the local courts located throughout the State. All other application must be lodged online, via the DLGSC’s website.
In general an applicant may be granted approval for an occasional liquor licence up to 24 times within a 12 month period.
If there is no advertising requirement for the grant of an occasional licence and a member of the public has not objected, there is still the possibility of a submission or an intervention by the:
Occasional licences cannot be transferred to another party.17 The DLL may cancel an occasional licence at any time if satisfied that it is no longer appropriate.18
Decisions in relation to occasional licences are not reviewable by the Liquor Commission.19 An occasional licence expires when the occasion has taken place, or the period for which the licence was issued has lapsed.20
An application for an occasional licence may be received for an event at which one or more holders of a permanent liquor licence wish to exhibit their own produce, for example, a fair showcasing a region’s food, beer and wine. Such events can be seen as meeting desirable goals under the LC Act such as supporting the proper development of tourism and hospitality,21 or encouraging responsible practices in the promotion and supply of alcohol, consistent with the interests of the community.22
If multiple licensees will be present at an event serving alcohol, the DLL will need to be satisfied that provisions have been made for the event to be managed in a safe manner and the potential for alcohol to cause harm has been minimised. For example, this would include that areas where alcohol consumption is permitted are clearly delineated so that unaccompanied juveniles cannot access them. It could also include the provision of sufficient crowd controllers for the expected number of people.
If crowd controllers are required at an event which is covered by an occasional licence, the licensee should ensure that they understand their obligation to minimise the potential for alcohol to cause harm, and that the licensee has given them the required authorisation 23 to allow them to remove a person who is drunk, or behaving in an offensive, quarrelsome or disorderly manner.
The licensee should ensure that crowd controllers will monitor for unaccompanied juveniles who are seeking to access areas where the consumption of alcohol is permitted, and prevent this access. They should also understand the need to monitor for people becoming intoxicated and even to remove drunk people. To ensure that crowd controllers can be utilised where they are most needed in licensed areas, licensees should ensure they are able to request the assistance of a crowd controller and direct them when necessary.
If an occasional licence is sought for an event where less than 250 patrons are expected on any one day, the licensee, and any approved manager (if the licensee is not undertaking this function), do not need to have completed an approved course of training in responsible practices in the sale, supply and service of alcohol.24 If more than 250 patrons are expected on any one day, the licensee and managers must have completed the approved course in responsible practices in the sale, supply and service of alcohol. 25
If more than 300 people are expected on any one day, any person employed or engaged to serve alcohol must have completed a course in responsible practices in the sale, supply and service of alcohol.26 Similarly, any crowd controllers at the event must have completed this course.27
Note that the DLL may impose a condition on an occasional licence that the approved manager be an unrestricted approved manager.28 To become an unrestricted approved manager requires the completion of approved courses of training in both the responsible practices in the sale, supply and service of alcohol and the management of licensed premises.
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.
Version 1.0Issued 29 August 2024 In effect from 29 August 2024
Policy reviewed and updated to clarify application and streamline documentation.