3.4 Licence Applications, Renewals & Temporary Authorities

New Licence Application

An application for a new on-licence, off-licence or club licence is filed with the District Licensing Committee (DLC) for the territorial authority district in which the premises are located. The application is processed under ss.101-108 of the Act.

Steps in the process

1. Application filed with the DLC, accompanied by the prescribed fee, plans of the premises, and supporting information.
2. Public notification — the applicant must display a sign on the premises and publish a notice (newspaper or online) so the public is aware of the application.
3. Copies to agencies — the DLC sends copies of the application to the Police, an inspector, and the Medical Officer of Health (MOH) for the area.
4. Inspector's inquiry and report — the inspector inquires into the application and files a report with the DLC under s.103.
5. Objections — Police and the MOH report if they have matters in opposition, and any person may object within 25 working days of the public notice. Since 31 August 2023 an objector no longer has to show a greater interest than the general public; the only exclusion is an objection made purely in trade competition.
6. DLC determination — the DLC considers the application "on the papers" if unopposed (quorum of one, the chair); a hearing before the full three-member DLC is required if there are live objections.
7. Referral to ARLA — with leave of the ARLA chair, complex or precedent-setting applications may be referred to the Alcohol Regulatory and Licensing Authority.

Section 105 criteria

When deciding whether to issue an on-, off- or club licence, the DLC/ARLA must have regard to:

1. The object of the Act (s.4) — safe, responsible sale/supply/consumption; minimisation of harm.
2. The suitability of the applicant — business knowledge, experience, criminal history, previous alcohol-related conduct.
3. Any relevant Local Alcohol Policy (LAP) in force for the district.
4. The proposed days and hours of sale.
5. The design and layout of the premises — bar layout, seating, toilets, lighting, security, CPTED.
6. Whether the applicant sells or proposes to sell goods other than alcohol, low-alcohol, non-alcoholic refreshments and food.
7. Whether the applicant provides or proposes to provide services other than those directly related to the sale of alcohol and refreshments.
8. Whether the amenity and good order of the locality would be likely to be reduced, to more than a minor extent, by the issue of the licence.
9. Whether the amenity and good order of the locality are already so badly affected by existing licences that it is desirable to issue no further licences.
10. Whether the applicant has appropriate systems, staff and training to comply with the law.
11. Any matters in any report from the Police, an inspector or the MOH under s.103.

Under s.105(2), the DLC must not take into account any prejudicial (competition) effect the licence might have on another existing licensee. "I'll lose customers" is not a valid objection.

Renewal of Licences

Licences must be renewed periodically:

• On-licence, off-licence and club licence: granted initially for 12 months, then renewed every 3 years.
• Special licence: event-specific — granted for an event or a described series of events, not renewed on a cycle.

A renewal application is filed with the DLC. The renewal criteria mirror the s.105 criteria. Renewals can be opposed by Police, the MOH, or (for on/off/club) the public. If a renewal is opposed, a hearing may follow. If a renewal is refused, the licence lapses and the premises cannot sell alcohol until a new licence is granted.

Late renewal and temporary authorities

If the existing licence is due to expire and the renewal has not been determined, the licence continues in force (under a deemed authority) until the renewal is decided — but if the renewal application is late, a temporary authority may be needed to bridge the gap.

Temporary Authorities (ss.136-138)

A temporary authority (TA) is a distinct mechanism that allows a person to continue selling alcohol on licensed premises while their own licence application is being processed. The classic situation is the purchaser of a licensed business: the vendor's licence is not transferable, but the purchaser cannot trade without a licence, and a new licence application takes weeks or months to determine.

The DLC may grant a TA so the purchaser can lawfully sell alcohol on the premises in the interim. A TA:

• is granted by the DLC;
• is limited in duration (typically until the new application is determined);
• carries conditions (often the conditions of the previous licence);
• is not a transfer of the old licence — the old licensee remains liable for the period they held the licence.

Variations

A licence holder can apply to the DLC to vary the conditions of an existing licence — for example, to extend trading hours, alter the licensed area, or change a discretionary condition. The variation process involves public notification (in some cases) and may attract objections from Police, the MOH or the public.

Public Notification & Objection Rights

The Act gives the public a direct role in licensing decisions:

• Public notice on the premises and in a newspaper/online.
• Objection rights for any person. The Sale and Supply of Alcohol (Community Participation) Amendment Act 2023, in force 31 August 2023, removed the requirement that an objector have a greater interest than the public generally, and extended the objection period from 15 to 25 working days. The narrow exception is an objection made in trade competition, and s.105(2) separately bars the DLC from weighing commercial prejudice to another licensee.
• Police and MOH have separate reporting and objection roles and can oppose an application on harm, public health or compliance grounds.

Exam Trap: Temporary Authority ≠ Temporary Manager

The two "temporary" mechanisms are commonly confused:

A TA keeps the business trading; a temporary manager keeps the person legally on shift.

Scenario

A couple buys an existing bar. The vendor's on-licence expires on settlement date and is not transferable. The couple have filed their own licence application with the DLC but it will not be heard for 10 weeks. They apply for a temporary authority so they can sell alcohol from day one. The DLC grants the TA on the conditions of the previous licence. Lawful. Note the couple must also ensure a certificated duty manager is on duty at all times — the TA does not dispense with the manager-on-duty requirement; if the previous manager has left, the couple must appoint a duty, acting or temporary manager separately.

Scenario

A neighbour objects to a new off-licence application on the ground that it will compete with his own bottle store. The DLC must disregard that objection under s.105(2) — competition effects are not a relevant consideration. The neighbour could, however, validly object on amenity and good order grounds (noise, litter, parking, cumulative effects of existing licences in the locality).