Item PD02 Planning & Development 14/07/08 N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager Planning & Development Committee

Attachment 1 – Factsheet – A guide to the new liquor laws for local councils

SUBJECT: Small Bars Bill AUTHOR: Ben Boyd, Strategic Planner, 9 July 2008 SUMMARY: On 10 March 2008, Council resolved to adopt a Notice of Motion (12/08) to call for a report outlining the implications of the implementation of new liquor licensing laws in December 2007. This discussion paper provides a brief history and explanation of the new liquor licensing legislation and what implications it will have for Council. RECOMMENDATION: 1. THAT Council note the information. 2. THAT additional investigation is undertaken to determine what type of controls

relating to licensed premises should be incorporated within the new comprehensive DCP.

Financial Implications There are no additional financial implications. Signed ____________________ Endorsed by ___________________ Manager Strategic Planning

Report of Ben Boyd, Strategic Planner (2) Re: Small Bars Bill

BACKGROUND A Notice of Motion (NoM 12/08) was put to Council at its meeting on 10 March 2008, where it resolved: “ THAT a report be provided to Council which:

1. outlines the process by which a small bar can be established under the small bars legislation gazetted by the NSW Government in December 2007

2. outlines whether changes will be necessary to the North Sydney DCP to ensure that Council can control the location and amenity impacts of small bars

3. includes separate legal advice as to the question of what is deemed a change of use under the legislation and the circumstances in which a small bar does not require a development application

THAT Council accept the offer of Sydney City Council to use their DCP as a guideline to develop a DCP to suit the needs of the North Sydney Council area.”

The Notice of Motion has been raised in response to the recent gazettal of a number of Acts relating to the Liquor Amendment (Small Bars and Restaurants) Bill 2007, which aims to simplify the ability for premises to obtain a liquor licence, especially for smaller venues. SMALL BARS BILL The Small Bars Bill 2007, or the Liquor Amendment (Small Bars and Restaurants) Bill 2007 as it is formally known, was introduced and adopted in principle by the NSW Government’s Legislative Assembly on the 27 September 2007. The Bill was introduced to enable changes to the Liquor Act 1982, such that it could enable small-scale venues selling liquor for consumption on site, without the need to go through the complex system of approvals and exorbitant fees that say a “hotel” would require under this Act. This in turn would provide increased opportunities for people to enjoy the consumption of alcohol outside of a “hotel” type environment. This Bill was subsequently rolled into three separate Bills which were considered by the Legislative Assembly on 27 November and 4 December 2007, including.

• Liquor Bill 2007; • Casino, Liquor and Gaming Control Authority Bill 2007; and • Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007.

On the 13 December 2007, the NSW Government, assented to the gazettal following Acts:

• Liquor Act 2007; • Casino, Liquor and Gaming Control Authority Act 2007; and • Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

However, these Acts had no statutory weight at the time, as the Minister for Gaming and Racing had yet to proclaim them to be operable. The Minster for Liquor, Gaming and Racing proclaimed that the Acts become on 1 July 2008.

Report of Ben Boyd, Strategic Planner (3) Re: Small Bars Bill

The NSW Office of Liquor, Gaming and Racing has released a series of fact sheets relating to the implementation of the New Liquor Act. Of particular note, is the release of a fact sheet for local councils, a copy of which is attached (Attachment 1) to this report. This fact sheet outlines the processes involved in obtaining of liquor licenses and when one is required. Additional fact sheets about applying for liquor licences are available on the Office of Liquor, Gaming and Racing’s website www.olgr.nsw.gov.au. A detailed explanation of the Liquor Act 2007 is provided below. Administrative based system A "centrepiece" of the reforms relates to the abolition of the Liquor Licensing Court and the Liquor Administration Board and its replacement with a new Casino, Liquor and Gaming Control Authority (the Authority) which will deal with all liquor related applications, complaints, and disciplinary proceedings. Registered clubs will be brought under the liquor licensing system and will be regulated by the new Liquor Act. The Registered Clubs Act will primarily deal with management and accountability of clubs only. Social impact The Liquor Act 2007 replaces the current Social Impact Assessment Process (SIA) with a simpler and cheaper Community Impact Statement (CIS). A CIS is required to be prepared by a potential applicant for most liquor licence or licence-related authorisation applications, including the grant or removal of a hotel licence, club licence or packaged liquor licence, or any application for extended hours in relation to these licences, on-premises licence or a producer/wholesaler licence. The CIS is prepared before a liquor licensing application is made. The CIS will gauge the potential impacts of the relevant licence application and summarise the results of consultation held with stakeholders (including local councils). The Authority may only approve an application which requires a CIS where the Authority is satisfied that the overall social impact will not be detrimental to the well being of the local, and broader, community. As part of the CIS process, applicants will be required to provide a notice to the council such that they become involved in the consultation procedures. Councils will then have the opportunity to respond to applicants once they receive the notice. Opportunities also exist for councils to consult with residents and other stakeholders if they wish. Where development consent is required under the Environmental Planning and Assessment (EP&A) Act 1979 to use the premises for the proposed liquor license, consultation for a CIS may be undertaken at the same time as stakeholders are consulted about the development application. Categories of licence The new Act consolidates the number of existing licences to six (6). Of most interest to Council is the "general bar" sub-category of hotel licence and the on-premises licence.

Report of Ben Boyd, Strategic Planner (4) Re: Small Bars Bill

General bar licence The former hotel licence under the Liquor Act 1982 has been now been split into two sub-categories – “hotels” and “general bars”. The general bar licence applies to bars/hotels which do not keep or operate gaming machines and do not include takeaway sales of liquor. There is no size limit on the number of patrons permissible within such a premises which may be entitled to such a licence, as was originally proposed by Clover Moore’s Small Bars Bill. It is believed that this form of licence is intended to make it simpler to open and operate bars, as opposed to larger-scale hotels. The general bar licence will attract a fee of $500, which is substantially lower than the amount for a full hotel licence. General bar licence applications will also be subject to the CIS process. If a premises holding a general bar licence seeks to install and operate gaming machines and/or takeaway sales of liquor, it cannot simply be changed over to a hotel licence without any further assessment under the Liquor Act. If a change in licence is sought, an entirely new hotel licence will need to be applied for and assessed. On-premises licence An “on-premise” licence refers to a licence for the sale of liquor for consumption at the premises where the liquor is purchased. Under the current Act, on-premises licences are only available for specified types of businesses or premises. However, under the new Act, the variety of businesses which can apply for a liquor licence has been expanded. These types of licences will typically apply to cafes, restaurants and the like. The new Act takes the starting position that all businesses may apply for an on-premises licence, whilst the Regulations can specify the types of businesses that cannot have an on-premises licence. A condition of issuing the licence is that the primary purpose of the business or activity being carried out on the premises must not be the sale or supply of liquor. The licence must specify the type or business or activity carried out on the premises and the sale or supply of liquor must be ancillary to another product or service that is sold, supplied or provided to people on the licensed premises. There is also provision within the Act for the Authority to endorse the licence with a special authorisation that allows liquor to be sold or supplied for consumption on the licensed premises otherwise than with, or ancillary to, another product or service. However, the primary purpose of the business must always remain something other than the sale or supply of liquor. "Primary purpose" however is not defined under the Liquor Act 2007.

Report of Ben Boyd, Strategic Planner (5) Re: Small Bars Bill

Although there is no detail provided in the Liquor Act itself, the 2nd reading speech by the Minister of Gaming and Racing indicated that the application process for such an authorisation would be simple, with only a minor processing fee being imposed. The Authority will assess each application on a case-by-case basis and will impose limits on the number of drinkers, and other controls designed to ensure that the primary purpose test is not breached. The special authorisation can be readily withdrawn if problems occur (for example, if the Authority considers that the primary purpose test is being breached).

Noise and disturbance complaints – order of occupancy Order of occupancy is now a consideration in assessing a noise or disturbance complaint. It is hoped that this will go some way toward recognising that residents who move into areas with existing late night or live music venues are not necessarily entitled to expect the same level of amenity as residents in purely residential areas with no such venues. Intoxication While both the current and the new Act make it an offence to sell or supply liquor to an intoxicated person, the current Act has never defined intoxication. The new Act defines "intoxicated" and the Act allows for the Director of Liquor and Gaming (the Director) to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of the Act and these guidelines will be made publicly available. It also provides that the guidelines issued by the Director may indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of the Act. Offences and Increased powers The penalty for the major offences has been doubled. The Authority is given the power to make "late hour entry" declarations (which are essentially lock-out orders) in respect of certain localities, classes of licences or a specific premises. The Director will also be able to issue written directions concerning any matter relating to the licensed premises, including conduct upon the premises. These amendments will not remove the need for relevant approvals under the Environmental Planning and Assessment Act. PLANNING APPROVALS FOR LIQUOR LICENSING ESTABLISHMENTS Despite the requirements under the Liquor Act 2007 to obtain a liquor license, this does not necessarily remove the need to obtain development consent under the EP&A Act 1979. Consideration of the relevant approvals under the EP&A Act, has been determined below with respect to the three most common type of liquor licences likely to be obtained:

Report of Ben Boyd, Strategic Planner (6) Re: Small Bars Bill

• Hotel license; • General bar license; and • On-premises licence

Hotel & General Bar Licences A premises seeking to obtain a “hotel” or “general bar” licence under the Liquor Act 2007 both fall within the same definition under the North Sydney Local Environmental Plan (NSLEP) 2001 – “tavern” which is defined as follows: “ tavern means any premises specified in a hotelier’s licence under the Liquor Act 1982 which does not

provide overnight accommodation on a commercial basis.” It is noted that this definition refers to the Liquor Act 1982. However, now that the Liquor Act 2007 has superseded the Liquor Act 1982, it leaves some doubt as to how a “tavern” may be defined. Notwithstanding the repeal of the Liquor Act 1982, it is common practice for a definition within an LEP or Act to automatically adopt the new reference document, once an existing reference document has been repealed. Taverns are currently permissible in the Commercial and Mixed Use Zones under NSLEP 2001. As previously reported to Council, Council is currently preparing a new comprehensive LEP in the Standard Instrument format. Premises proposed to be used for a purpose subject to a “hotel” or “general bar” licence under the Liquor Act 2007 are both defined as “pubs” under the Standard Instrument. Pubs are defined as follows: “ pub means licensed premises under the Liquor Act 1982 the principle purpose of which is the sale of

liquor for consumption on a premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold on the premises.”

As indicated above, despite the repeal of the 1982 Liquor Act, the definition will automatically adopt the new reference to the Liquor Act 2007. Pubs are not mandated as a permissible use within any zones under the Standard Instrument. Notwithstanding, as Council’s new comprehensive LEP will largely comprise the transfer of current provisions from NSLEP 2001 into the new LEP, “pubs” will be made permissible in the Commercial Core (B3) and Mixed Use (B4) Zones. On-premises licence As indicated, on-licence premises refers to the ancillary sale of liquor to another form of permissible development. In particular, it will predominantly relate to the sale of liquor at new or existing restaurants, cafes and the like. Where the obtaining of the license does not involve any change to the approved use, hours of operation, patron capacity, development works or actions that result in a non-compliance with the development consent of an approved development, no additional development approval under the EP&A Act is required.

Report of Ben Boyd, Strategic Planner (7) Re: Small Bars Bill

However, development consent will be required, if the persons/business benefiting from an existing development also seeks to modify any of the above mentioned matters. Operating without approval from Council will result in commencement of legal proceedings as discussed in further detail below. Change of Use Where for instance an existing premises such as a café or restaurant seeks to primarily operate as a small bar at night, after the approved use has ceased to operate, but still within its approved operating hours, it will be required to obtain development consent to do so. This is due to the premises being used for two separate activities which are separately defined under the NSLEP. In this instance development consent will be required to enable the premises to lawfully operate as both a “pub” as well as its already approved use. However, a change of use is not considered to have occurred, if the primarily operation for the premises continues in conjunction with the secondary use of the premises for a pub. Unlawful Use of a Premises for a Small Bar A premise which commences operating as a “small bar” without prior Council approval, regardless if the existing approved use continues or ceases operation, will contravene the provisions of the EP&A Act. Where a development contravenes its consent or is operating without approval, Council may then proceed to issue an order under Section 121B of the EP&A Act to cease operations. CHANGES REQUIRED TO NSDCP 2002 There are currently no provisions contained within NSDCP 2002 that specifically relate to the use of a premises for a “tavern” or “pub”. In addition, there are no specific controls which relate to “cafes” or “restaurants”. Notwithstanding, Sections 6 – Mixed Use and 20 – Commercial of the DCP contain general provisions relating to the types of potential impacts that may result from allowing such a development. The relevant provisions relate to:

• Limiting the level of noise generation from premises during certain times (Clause 6.2(b), 20.2(b));

• Limiting the level of noise received by adjoining residential properties (Clause 6.2(c);

• Limiting the location of after-hours land uses to protect residential amenity (Clauses 6.4(e)(v), 20.2(d)(v));

• Utilising design or planning to reduce noise impacts (Clauses 6.2(b)(i); 6.2(c)(i, ii, iv &, v); and

• Need to comply with relevant noise standards and policies (Clause 6.2(b)(iv). These requirements enable the majority of impacts associated with pubs, taverns, cafes or restaurants to be considered during the assessment of a development application. The primary issues which appear to be missing relate to:

Report of Ben Boyd, Strategic Planner (8) Re: Small Bars Bill

• the need for a plan of management, demonstrating how the premises is to operate and contingency plans should adverse impacts arise;

• the controlling of where such premises are considered acceptable, other than highly trafficked streets; and

• acceptable operating hours. Despite the lack of specific controls pertaining to “pubs” and “taverns”, all applications for such development are also required to be assessed pursuant to Section 79C(1) of the EP&A Act, which contain a number of matters for consideration. The additional matters raised above can be dealt with under the Section 79C matters of consideration. However, as the matters for consideration are relatively broad in their interpretation, there is potential to overlook or not give appropriate consideration to these additional particular issues. Accordingly, there is scope within the existing controls to incorporate new provisions which specifically relate to licensed premises. This will ensure that all of the relevant issues are considered when assessing such applications. It is recommended that further investigations be undertaken to determine what type of new controls should be included and that these provisions be incorporated within the new comprehensive DCP. LEGAL ADVICE Item 3 of the first part of the resolution relates to obtaining legal advice with respect to permitting of “small bars”. This issue has been discussed in detail above and Council’s Legal Advisor who concurs with the advice provided in this report. ADOPTION OF CITY OF SYDNEY DCP AS A TEMPLATE The second part of the resolution involves the use of City of Sydney’s “Late Night Trading Premises Development Control Plan 2007” as a template to prepare a DCP for North Sydney. A copy of City of Sydney’s Late Night Trading Premises Development Control Plan 2007 has been attached to this report. This DCP applies to specific development types currently operating or seeking to operate between 10pm and 7am the following day. The specific development types include:

• Hotels / pubs; • Nightclubs; • Registered clubs; • Karaoke premises; and • Premises permitting the consumption of alcohol (ie cafes, restaurants and the

like).

Report of Ben Boyd, Strategic Planner (9) Re: Small Bars Bill

The DCP provides controls relating to the following:

• Locations where different types of premises can operate and the hours those premises can operate;

• Undertaking trial periods to enable the ongoing management of performance; and

• Plans of management. This DCP provides good basis on which to establish appropriate controls for North Sydney. However, should City of Sydney’s DCP be adopted as a template for North Sydney, consideration should also be given to controls for such venues between 7am and 10pm, especially in the proximity of existing residential development, such that potential impacts during these additional times are also considered during the assessment process. CONCLUSION Despite the changes to the liquor licensing legislation, it has not changed how a development needs to obtain planning approvals under the EP&A Act. Accordingly, if Council chooses to do nothing at all, there would be no changes required to existing procedures. Noise and control of anti-social behaviour are the principle issues with respect to licensed premises, especially outside of normal business hours. An opportunity exists to strengthen Council’s existing DCP such that matters relating to the hours of operation, location of such premises and plans of management are considered during the assessment of an application. It is recommended that further investigations be undertaken to determine what type of new controls should be included and that these provisions be incorporated within the new comprehensive DCP.

NSW Office ofLiquor, Gaming and Racing

Local councils have an important role in the operation

of the NSW liquor laws.

The determination of development approvals under the

planning laws for (proposed) licensed venues, and the

provision of submissions by councils to the Casino,

Liquor & Gaming Control Authority, will affect the

outcome of liquor licensing applications.

There are also a number of options for councils to deal

with local neighbourhood problems involving existing

licensed venues.

This fact sheet outlines how the liquor laws can be

used by local councils to achieve positive outcomes

for the community.

It also outlines the importance of councils having clear

policies when dealing with development applications

involving (proposed) licensed venues.

This table outlines the categories of liquor licence that can be issued under the Liquor Act 2007.

June 2008

Hotel (including a

general bar licence)

Club

Type of activity

Hotel, bar, tavern

Community Impact

Statement (CIS) required

Yes

A registered club selling liquor to members and their Yesguests

On-premises Can be tailored for one or more types of business Yes, but only where the

activities including a restaurant, entertainment venue, on-premises licence relates

motel, function centre and other settings where liquor to a restaurant or a public

is consumed on the premises entertainment venue (other

than a cinema or theatre)

Packaged liquor Liquor stores, internet operators selling liquor to the Yes

public

Producer/wholesaler Brewer, distiller, winemaker, wholesaler No

Limited Functions held by non-profit organisations, as well as No

special events and trade fairs

All liquor licensing applications are determined by the Casino, Liquor & Gaming Control Authority. In many cases,

a liquor licence application must be accompanied by a CIS.

Corr r ,? ¢- 1

The CIS process is the first opportunity for councils to

influence the outcome of a liquor licensing proposal.

A CIS is prepared by a potential applicant for most

liquor licence or licence-related authorisation

applications. It is prepared before the liquor licensing

application is made.

The CIS allows the Authority to be aware of the impact

that granting an application will have on the local

community. It does this by ensuring the potential

applicant consults with the local community - including

the local council - before deciding to lodge an

application. The CIS summarises the results of

consultation between the applicant and the local

community about any issues and concerns with a

proposed application.

A CIS must be included with the papers lodged with

the Authority when a liquor licence application is made.

It is required for applications that are most likely to have

an impact on the local community - but not for all

applications.

The liquor laws require potential applicants to consult

with local councils as part of the CIS process.

Applicants must provide a notice to the council for this

purpose. Councils should be prepared to respond to

applicants when they receive the notice.

Where a CIS is required, the Authority cannot grant a

licence, authorisation or approval unless it is satisfied

that the overall social impact will not be detrimental to

the well being of the local or broader community.

Councils may wish to consider this issue when

consulted by potential applicants.

The CIS process provides an opportunity for councils

to be consulted on a licensing application, and in turn,

for councils to consult with residents and other

stakeholders if they wish. Further information about the

CIS process - including a list of the applications that

require a CIS - is contained in a CIS toolkit available

from the NSW Office of Liquor, Gaming & Racing

(OLGR) website www.olgr.nsw.gov.au from 1 July 2008.

Where development consent is required under the

Environmental Planning and Assessment Act 1979 to

use the premises for the proposed liquor licence,

consultation for a CIS may be undertaken at the same

time as stakeholders are consulted about the

development application.

- rThe application process is the second opportunity for

councils to influence the outcome of a liquor licensing

proposal. The application process occurs after the

preparation of a CIS (if a CIS is required).

Further information on the licence application process

is outlined in flowchart No.1 on page 7.

Local councils (and police) are required to be notified

by the applicant within two working days of an

application being lodged with the Authority. The types

of applications where notification must be provided are:

n for any liquor licence;

n some types of licence-related authorisations,

including an extended trading hours authorisation

and a primary service authorisation; and

n to remove a licence to another location.

Submissions can be made by local councils (and any

other person) by writing a letter to the Authority within

30 days of the application being lodged (or 14 days in

respect of an application for a limited licence).

Any submissions received must be taken into account

The NSW liquor laws contain measures that allow local

councils to take action against licensed venues that

have an adverse impact on a local community.

^ F --.A disturbance complaint can be made by councils,

police or three or more residents to the Director of

Liquor and Gaming when the quiet and good order of

a neighbourhood is unduly disturbed by the:

n operation of licensed premises; and/or

n behaviour of patrons after leaving the premises

(such as alcohol-related anti-social behaviour and

violence).

In determining a complaint, the Director can impose

conditions on a liquor licence relating to:

n noise restrictions;

n trading restrictions including lockouts/curfews;

n restrictions on the sale/supply of liquor;

n provision of security, or additional security patrols,

in and around the venue; and

by the Authority.

If development consent is required under the

Environmental Planning and Assessment Act 1979 (or

approval under Part 3A of that Act is required) to use

the premises as proposed by the liquor licensing

application - the Authority must be satisfied that

development consent or approval is in force for the

application to be granted.

Councils should consider this issue when deciding

whether to make a submission to the Authority.

Social roflle data to assist councilsBeginning in the second half of 2008, the NSW Office

of Liquor, Gaming and Racing will maintain social

profile data for local government areas across the

State. This data will include relevant crime, health,

licensing and population statistics. It will be assessed

by the Authority when considering liquor licensing

applications.

Reports outlining this data will be progressively made

available to councils and the public during 2008-09 (via

www.olgr.nsw.gov.au) to assist them in considering

their response to liquor licensing proposals (at the CIS

stage) and applications.

0

n requiring the licensee to participate in a local liquor

accord.

The Director will determine if the neighbourhood is

being unduly disturbed. Where a council makes a

complaint, either in its own right or on behalf of

residents, evidence is crucial in establishing the level of

disturbance, and what measures may be necessary to

address it.

The complaint process operates more efficiently and

outcomes are more effective where evidence is precise

and complete.

The disturbance complaint process is outlined in

flowchart No.2 on page 8.

Request to the Director of Liquor andGamingWhere there are problems associated with a licensed

venue, an alternative course of action for councils to

consider is to request the Director of Liquor and

Gaming to:

n impose conditions on a liquor licence; and/or

more responsibility, less red tape

n issue directions to the licensee.

Conditions can be imposed by the Director on a liquor

licence, but only after the Director has given the

licensee an opportunity to make submissions in

relation to the proposal.

Any proposal to impose conditions on a licence by the

Director needs to be supported by evidence to show

that the conditions are required to address a specific

issue associated with the operation of the licensed

venue eg. a condition to employ additional security in

and around the venue to minimise alcohol-related

crime and anti-social behaviour late at night.

Written directions can also be issued by the Director to

a licensee to improve the operation of a venue and

secure compliance with the liquor laws. Directions can

cover any aspect of a venue's operations and can

relate to the way liquor is sold and promoted,

entertainment and other facilities are provided and the

dispersal of patrons at closing time.

Further information on these processes is contained in

flowchart No.3 on page 9.

clionA disciplinary complaint can be made to the Authority

by a council, the Director of Liquor and Gaming and

police against a licensee or a manager on a number of

grounds.

Disciplinary complaint action should only be considered

where there are serious problems associated with the

operation of a licensed venue that cannot be properly

There are 137 liquor accords operating in NSW. Local

councils play an important role in the success of these

accords. Many accords are chaired or coordinated by a

council representative, while others receive funding or

in kind support from councils for their work.

The framework to promote and support liquor accords

in NSW has been strengthened under the liquor laws.

Some of the key features of the liquor laws that impact

on liquor accords are:

n they must be approved by the Director of Liquor

and Gaming and the Commissioner of Police;

n the Director can issue a direction to a licensee to

participate in an accord and/or contribute fees to

an accord; and

addressed by other means - such as the imposition of

conditions, or where there are frequent problems

occurring in and around the premises.

Grounds upon which a disciplinary complaint can be

taken include:

n a breach of licence conditions;

n not complying with a direction given by the

Authority, the Director of Liquor and Gaming or

police;

n allowing activities at the premises that are likely to

encourage the misuse and abuse of alcohol;

n intoxicated people have frequently been found on

the premises or leaving the premises;

n acts of violence have occurred frequently on or near

the premises involving patrons;

n the licence is not being operated in the public

interest; and

n public entertainment is held contrary to the

requirements of the Environmental Planning and

Assessment Act 1979.

The Authority can impose sanctions in determining a

disciplinary complaint. This includes cancelling or

suspending the licence, disqualifying the licensee and

imposing penalties of up to $44,000 for an individual or

$110,000 for a corporation.

Further information on the disciplinary complaint

process is outlined in flowchart No.4 on page 10.

n an accord licensee can apply to the Authority for a

banning order (where a person has been

repeatedly drunk, violent or quarrelsome) to

prevent the person's entry to multiple premises for

up to six months.

More information about the operation of liquor accords

is available from the OLGR website.

OLGR provides support to liquor accords through its

Liquor Accord Delivery Unit. This unit regularly attends

accord meetings around the State, provides updates

on topical issues and is the first point of contact for

accord coordinators and members within OLGR.

Contact the unit on 02 9995 0312 or by email at

accords@olgr. nsw.gov.au

4 June 2008

Policies should be established and promoted by

councils to enable stakeholders to determine the likely

requirements that will need to be met under the

planning laws for a licensing proposal. Whether

development approval is required for a particular

licensing proposal is a key issue.

Three areas where council policies may be required are

in relation to:

n a general bar hotel licence;

n restaurants that wish to serve liquor without meals

(under a primary service authorisation); and

n an extended trading authorisation.

General bar hotel licenceA general bar hotel licence is a limited type of hotel

licence. It allows liquor to be sold to patrons for

consumption on the premises, but does not permit

takeaway liquor sales, or the operation of gaming

machines or other forms of gaming like keno and

wagering.

In some instances, applications for a general bar hotel

licence will relate to new premises, while others will be

for existing licensed premises eg, a licensed

restaurant.

Primary service atrr. i -A primary service authorisation enables liquor to be

served to patrons without another product or service

under an on-premises licence. The most common

example is the sale of liquor in a restaurant without a

meal.

All restaurants, including those with a primary service

authorisation, cannot operate for the primary purpose

of selling liquor. Restaurants with a primary service

authorisation must have meals available at all times.

A primary service authorisation does not allow a

restaurant to operate as a bar. Restaurants that wish

to operate as a bar can apply for a hotel or general bar

licence.

An application for a primary service authorisation can

be made by an existing licensed restaurant, or as part

of a licence application by an unlicensed restaurant or

cafe.

Extended a'ui^iorisationAn extended trading authorisation is required by a

licensee who proposes to trade outside of the

standard trading period. Under the Liquor Act 2007,

the standard trading period is Sam to midnight

Monday to Saturday, and 10am to 10pm Sunday.

Special trading arrangements apply on some days -

such as Good Friday and Christmas Day.

The hours available under an extended trading

authorisation vary depending on the type of licence

and location of the premises.

Factors toe considered by councilsThe following factors are relevant to liquor licensing

proposals. They may be considered by councils when

determining planning policies and requirements:

• the size, location and nature of the premises;

n whether the proposal will involve extended trading

hours (beyond the standard trading period) or an

overall increase in the maximum capacity of the

premises;

n whether planning approval is required to operate

the proposed licensed premises - particularly

where entertainment is to be provided; and

n the existing use of the premises eg. an existing

licensed restaurant wanting to serve liquor without

meals under a primary service authorisation.

E

,1'-'ir licensing

The liquor laws provide an opportunity for greater

interaction between councils and stakeholders when it

comes to licensing proposals and to deal with licensed

venues that are impacting adversely on the community.

Councils should consider the need for a contact point

that can be accessed by existing and proposed

operators, residents and others on licensing matters.

This contact should also be able to provide information

about council requirements for development approval

for licensing proposals and community impact

statements.

more responsibility, less red tape June 2008

General enquiries - 02 9995 0333

CIS enquiries - 02 9995 0587

Licence application enquiries - 02 9995 0894

Disturbance complaint enquiries - 02 9995 0837

Liquor Accord enquiries - 02 9995 0312

All enquires can also be emailed to info@olgr.nsw.gov.

au

Local councils can also keep up-to-date with

everything that's happening with the liquor laws by

subscribing to our free e-news service at www.olgr

nsw.gov.au/website-subscribe-form.asp

6 June 2008

Step by step - Application process

h,r ap rli c,rtion ^equrre rr carnniunit^!impact hrttrnent7 '

Applicant provides community impactstatement notice to stakeholders

(police, local council, nearbyre=sidents, etc)

Applicant receives froedh-rck fromtakeholders scu +r s anyue '^,^ iirsern.;, conducts, turther

consultation

csuelcononm resolved voluntarilytnroutth agreement undertakincis, etc

No

I aiconcern not e dived

Applicant prepares communityimpact statement outlining

ssur t oncerns anal applirant'sre:t)once

Application (with CIS it ro(tuired)Icotried with Casino, Liquor N Gaming

Control Authority

Application advertised (it req(ired)and north e provided to police, localcouncil arnd resider ts (it required)

Police, local council residents randany rather person /orjorusation canmake submissions to the Authority

Authority gives opportunity forapplicant to re:=,pon i to :a i missions

Authority considers application, any

submission , and applicant'sresponse through examination of

papers and (if required) a conference

Authority grants, Authority retusesapplication ' pplication

- .1 ,ac I

more responsibility, less red tape June 2008

Step by step - Disturbance complaint process

Ihsturborrce - ue raise,,I vhth or tpoliCO 'jr locif council

Ponce or IOCII coun_;il discussdisturbance with li c nsoe or

operator

tistit banc e issue rel solved voluntarily Disturbance i in not resolvedrouygh agreement undert^rl in,hs, etc voluntarily

Disturbance complolnt made toDirector of Liquor and ^^aming

Director of Liquor and GamingIn 3e stig^sto , roof ter and disco .es

complaint with licensee or operator,police, local council, eornplamant

ssu< ^<oncern resolved voluntarilythrough n freoroent, undert3kinds, etc

Director Imposesa condition on the

licence

Disturbanr e i5si_,e rar sed by memberof the public

Iz a _wiconcern not res olved volt intardv

Director of I..iquor and Corning^cnverre a rlisturhance c?ornplaint

conference

Director adiourOscor here ice

subt^ ct to licenseeundertakings

Director i fires awarning to

licensee

Any aggrieved person can requestthe Casino, Liquor & Gaming Control

Authority review the Director'sdecision

Authority confirms Authority variesDirecctor's Directordecision decision

Director takes noaction

Authority revokesDirector'sdecision

June 2008

L. J A

Step by step - Intervention process for resolving issues and concerns regarding licensed premises

L ,ue/nonr- ,m rinsed with or bypolice or local cotmcil

Police or local council discussss /: rconcern with licensee or

operator

un/c:mc rn resolve volunt irilthrough agrr ment, undedakings, etc s ue;concr:m not resolved voluntarily

sue/conc;ern raised by or withDirector of t/quor and Gaming

Director of Liquor and Darning

in ,tigotes matter and disco.u^^/concern with licensee or

operator and police

rv..ern fe olved voluntarilythroe fh agreement, rindr rtalan s, etc

issue/concern raised by member ofthe public or liquor licensing inspector

iie/concern not resolved voluntarily

Director of Liquor and Gamingropr ses t,-) take le ti,lative action -

gives licensee opportunity to makesohrnissions

Issue/concern resolved voluntarilythrough acfreement. undorsakings, etc

Director of Liquor and Caminqimposes conditions on the licence

or issues. directions (s.75)

Any aggrieved person cart requestthe Casino, Liquor & Gaming Control

Authority review the Director'sdecision

Authority confirn isDirector'sdecision

Authority varies Authority revokes

Director's Director's

decision decision

If issue/concern remains unresolved,a di nan/ complaint may he rnode

to the Casino, Liquor I," GangingControl Authority

more responsibility, less red tape June 2008 9

Step by step - Disciplinary complaint process

.sue/c < nc.ern r u Ced by potc;o, localouncil, liquor licensing inspector,

Director of Liquor and Gnming orroomtrer of tho public

Intervention procosrs for resolvinq

s:uc[erconccrns lollo:^ od

seeflowclm dno.3)

Iue/corn ern resolved throughintetventi m p oocess

Authority decides to take no action

u ;/aoncem not resolved throughintervention process

Diz;Ciplinairv complaint lodged withCasino, Liquor & Cavninq Control

Authority by Director of Liquor andGaming, police or local council

Casino, Liquor ry Garning ControlAuthority qiv s licensee, manager closeassociate or non prop notorv a ,c;c, atlon

opportunity to make subntlsslons

Casino, Liquor ., Grarnirnl Control

Authority considers complaint through

exan im_ltlou of tapers and (if rco(Iuired) a

c:onforomcc;

Authority takes action e.g.• in p;rsitfon of lu "rn ,nnditlons• ii position of r?ionetaiy pen^dty

n ,pent or Cancel Ilcr:nn' or author ;odor• di ;m utdify Ilr er man u^'r/doer ;roclole

ordrlr payment of costs

Complaint and/or respondent applies tothe Administrative I )ecisions Tribunal for a

review of the Authority's decision

Admn >trativc Dvc isimmm; IrihunA:• affirms AutPuxi'ys ricrision• valigS lAUtiloril yF CIOCiR?ol7

r tc"c,irleAuthniit riec'iciunanri

^drhstiLR , its own rl i.rision

a ;i it i I^ion nd rrarr,lr; matter foronr;i,kr tion by the A.rthority

10 June 2008