3.1 Licence Types: On, Off, Club & Special
Key Takeaways
- The Sale and Supply of Alcohol Act 2012 creates four licence types — on-licence (s.14), off-licence (s.17), club licence (s.20) and special licence (s.22) — with conditions in s.110 (on and club), s.116 (off) and s.147 (special).
- On-licence and club licence both authorise consumption ON the premises and share the same s.110 condition set (its heading is literally "Particular conditions: on-licences and club licences"); off-licence is take-away only and special licence is event-specific and time-limited.
- A club licence is only available to a genuine club (incorporated, with members) and authorises sale to members and their guests, not the general public.
- A special licence can be on-site (alcohol consumed at the event premises) or off-site (alcohol sold for consumption elsewhere) and is tied to a specific event or occasion.
- Off-licence holders may not sell to an intoxicated person and must observe the 7am-11pm default maximum trading hours.
Why Licence Types Matter
Every duty manager must know which licence their premises holds, because the licence type dictates where alcohol may be consumed, who may be served, what conditions attach, and which sections of the Sale and Supply of Alcohol Act 2012 (the Act) govern the operation. Serving a patron in a way the licence does not authorise is unauthorised sale/supply under s.247 — exposing the licensee and manager to penalties up to $20,000 and/or a 7-day suspension. The LCQ exam tests the distinction between the four licence types relentlessly, because confusing them is one of the most common real-world compliance failures.
The Four Licence Types
On-licence (s.14; conditions s.110)
An on-licence authorises the sale or supply of alcohol for consumption ON the premises. Typical holders: bars, pubs, taverns, restaurants, cafes, function venues, and hotel guests (where the hotel holds an on-licence for its restaurant/bar). A certificated duty manager must be on duty at all times alcohol is sold or supplied to the public, and the licence and manager's certificate must be displayed. Conditions in s.110 attach, including trading days and hours, fees, and a place where drinking water is freely available, alongside the host-responsibility duties in ss.51-54 (covered in 3.2).
Off-licence (s.17; conditions s.116)
An off-licence authorises the sale of alcohol for consumption OFF the premises. Typical holders: bottle stores, supermarkets, grocery stores (where principal business is the sale of goods other than alcohol), and remote sellers (online/mail-order). Section s.116 ("Particular discretionary conditions, and other compulsory conditions: off-licences") sets the trading days and hours and, where the principal business is not the manufacture or sale of alcohol, allows discretionary conditions limiting the kinds of alcohol that may be sold. The prohibition on selling to an intoxicated person is a general offence under s.248 rather than a licence condition, and the default maximum off-licence hours are 7am-11pm under s.43. A patron cannot lawfully open and consume alcohol purchased from an off-licence on the premises.
Club licence (s.20; conditions s.110)
A club licence authorises a club to sell or supply alcohol to its members and their guests for consumption on the club premises. Conditions are the same as for an on-licence (ss.110). The club must be a genuine club: incorporated under the Incorporated Societies Act 1908 (or similar), with a membership, rules, and a committee — not a commercial operation dressed up as a club. Guests must be signed in by a member. Sports clubs, RSAs, working men's clubs, and cultural societies are typical holders.
Special licence (s.22; conditions s.147)
A special licence authorises the sale or supply of alcohol for a specific event or occasion — it is time-limited and event-specific, not a standing authority. It can be:
- On-site special licence — alcohol sold/supplied and consumed at the event premises (e.g. a wedding at a non-licensed venue, a food festival, a race meeting).
- Off-site special licence — alcohol sold for consumption away from the event (e.g. a farmers' market stall selling bottled beer to take home).
Section s.147 conditions may include food provision, availability of low-alcohol and non-alcoholic beverages, transport information, container restrictions, exclusion of the public from defined areas, and filing of returns with the DLC.
Comparison Table
| Licence type | Where alcohol consumed | Typical holder | Key section | Manager on duty? |
|---|---|---|---|---|
| On-licence | ON premises | Bar, restaurant, tavern, cafe | s.14 (conditions s.110) | Yes |
| Off-licence | OFF premises | Bottle store, supermarket, remote seller | s.17 (conditions s.116) | Limited exemptions (remote sellers, cellar door) — s.215 |
| Club licence | ON club premises | Genuine incorporated club | s.20 (conditions s.110) | Yes (some clubs exempt under s.215) |
| Special licence | At the event (on-site) or off-site | Event organiser | s.22 (conditions s.147) | Yes if alcohol sold to public |
Exam Trap
The exam loves to test these confusions:
- Off-licence ≠ on-licence: a bottle store cannot let a customer drink the beer they just bought inside the shop. That is consumption on premises without an on-licence.
- Special licence ≠ standing authority: a special licence is for one event or a defined series, not a perpetual right to sell.
- Club licence ≠ on-licence open to the public: a club may serve members and their bona fide guests only — selling to a walk-in member of the public is outside the licence.
Scenario
A wine festival runs over three Saturdays at a showground. The showground itself holds no on-licence. The organiser applies for a special licence for each festival day (or a single special licence covering the series). Patrons buy wine by the glass and drink it on-site — lawful under an on-site special licence. If the same organiser sells sealed bottles to take home from a stall, that requires the special licence to authorise off-site sale as well. The duty manager appointed for the event must hold a current manager's certificate.
Scenario
A supermarket with an off-licence stays open until 11pm. A customer who appears intoxicated approaches the checkout with a six-pack. The cashier must refuse the sale under s.248 — the off-licence does not authorise sale to an intoxicated person, regardless of the fact that consumption will occur off the premises.
A bottle store holds an off-licence. A customer buys a bottle of wine and opens it in the shop to share with a friend. What is the legal position?
Which licence type shares the SAME condition set (s.110) as an on-licence and authorises consumption on the premises?
A wedding is held at a private venue that does not hold any alcohol licence. The couple want to sell beer and wine to guests. What licence is required?