The role of local government in obtaining licensing approval

As a matter of policy, the Department of Racing, Gaming and Liquor does not accept any application for the grant of a liquor licence without a Liquor Control Act section 40 certificate from the local government authority in which the proposed premises are, or will be, situated.  Such a certificate verifies that the proposed use conforms with the zoning scheme.

Local governments therefore play a pivotal role initially in the liquor licensing application process.  This usually begins with the issue of a development approval.  In order for a section 40 certificate to be unconditional the proposed use must be approved by the local authority.

Even if an applicant has obtained a section 40 certificate which confirms the fact that the proposed premises will comply with the local planning laws, the local government authority may still potentially lodge an intervention against the application and even an objection to the grant of the licence.

On a number of occasions local government authorities having first issued an unconditional section 40 certificate have subsequently written letters to the licensing authority expressing negative views, lodged interventions or even objected to the licence application.  Councils are entitled to do this even if the proposed use is zoning compliant but the authority opposes the proposal in principle.

Applicants are also required to submit a Liquor Control Act section 39 certificate from the relevant local government authority stating that the premises comply with all health, local government and building requirements prior to receiving an unconditional liquor licence.

Without these certificates applications for licences will not be granted, or if granted conditionally, trading may not commence.

Clearly, local government has an important role to play in the liquor licence application process.  This can only grow as licences become more prevalent in the community and housing densities increase. 

Some of the issues associated with these matters will be explored at Lavan Legal’s Local Government Forum on 7 November 2011.  A range of speakers will address the topic including a number of council staff, Mayors and Councillors from various local authorities who will be present to explain their respective Council's approach to these matters.

For more information or to register for the Forum please click here or contact: