Licensee Obligations Selling alcohol comes with very real and serious obligations. As a result, Consumer & Business Services has released a guidelines to help licensees understand their liquor licence and associated responsibilities. It is an offence under the Liquor Licensing Act 1997 to sell or supply liquor to a person who is intoxicated. An offence may be committed by the licensee, responsible person and the person by whom the liquor is sold or supplied. A licensee must establish and maintain appropriate practices to minimise undue offence, annoyance, disturbance, noise or inconvenience to people who reside, work or worship in the vicinity of the licensee’s premises. The Commissioner will attempt to conciliate between all parties. If the matter is resolved by conciliation, terms of settlement may become conditions of the licence. The final stage of the reform to liquor licensing in South Australia came into operation on 18 November 2019. The reforms were developed in response to the 2016 review conducted by retired Supreme Court Judge Tim Anderson QC, which made 129 recommendations to create a modern and flexible licensing system that supports a vibrant hospitality industry, while maintaining a safe drinking culture. Delivery of the reforms was divided into three stages to allow for operational changes and further consultation on different aspects of the reforms. Updates to premises plansAs part of the reform to liquor licensing laws in South Australia, Consumer and Business Services has updated all premises plans. Licensees can access a copy of their updated premises plan by logging into the Liquor and gaming online portal (LGO). The changes to the premises plans include:
These changes align the plan with the licences issued on 18 November 2019 – for example, the updated liquor licences refer to one set of hours and one capacity for the entire premises, and removes the need for area numbers and area lines (except for those mentioned above) on the plan. The changes also align the plans with the updated legislation – for example, removing the yellow line, which referred to entertainment consent and the green line, which indicated a designated dining area. Both are no longer required under the updated legislation. It is important for licensees to remember that your liquor licence authorises the sale and supply of liquor in accordance with:
Sale and supply of liquor may also be limited by any licensing court orders or conditions imposed by local council. It is your responsibility to determine what additional orders or conditions limit the sale and supply of liquor authorised by your licence. If you have any queries regarding your updated plan, contact the liquor and gaming team on 131 882 or email liquorandgaming [at] sa.gov.au. ChangesThe State Government delivered the 2018-19 State Budget on Tuesday, 4 September 2018, which included the introduction of new liquor licensing fees. All current licences transitioned to new liquor licence categories on 18 November 2019 and a risk-based annual licensing fee has been adopted. Licensees can calculate their new annual licensing fees using the fee calculator. The new fee structure commenced on 18 November 2019 but will not affect existing licences until the annual fee renewal period in mid-2020. Consumer and Business Services have also developed the Liquor and gaming online portal (LGO). Licensees can use LGO to manage their liquor licence, including make applications and pay fees. Key dates18 November 2019 - New liquor licensing system became operationalLicensees were posted updated licences and new licence categories became operational. Previous stages
Stage 2 changes create tougher penalties for breaches of the Liquor Licensing Act 1997, expand protections for minors, reduce red tape, and introduce additional changes in the best interest of the community in relation to:
Laws have now passed that support the stage 2 reforms, many of which commence 24 September 2018. Read more about the latest changes.
The first stage of reforms commenced in December 2017, focusing on protecting minors and reducing red tape. Find out more about changes to industry licensing and supply of alcohol to minors Further informationMore information on Liquor licensing reform Information on new and existing liquor licences and venues can be found on sa.gov.au
Liquor licence holders must stay well informed with liquor legislation in South Australia. Consumer and Business Services (CBS) regularly monitors liquor licences, including short term licences, to ensure compliance with all legislative requirements. As far as practicable licensees must ensure:
An inspector from CBS may visit your premises at any time to ensure you’re meeting all your responsibilities and may ask you to produce certain documents or records relating to business conducted under the licence.
the General Code of Practice
Key responsibilities of liquor licence holders. Disciplinary actionA licensee, responsible person and other persons involved in the sale or supply of liquor may face serious penalties for breaches of legislative requirements. Non-compliant matters may be dealt with through written warnings, an expiation notice, a disciplinary hearing before the Commissioner or the Liquor Licensing Court. The commissioner has the power to do one or more of the following:
A complaint can be made to the Licensing Court by:
Grounds for disciplinary action include:
Disciplinary action may be lodged against:
If the Licensing Court is satisfied that there is cause for taking disciplinary action it may:
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