This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 18 December 2013, set out fees payable to territorial authorities and the Alcohol Regulatory and Licensing Authority (ARLA) to ensure that, so far as is practicable, their costs relating to licensing and other matters under the Sale and Supply of Alcohol Act 2012 (the Act) are recovered.
Application fees and annual fees are payable to territorial authorities for on-licences, off-licences, and club licences. The amount of each fee depends on the fees category of the relevant premises. The fees category for any premises is determined by reference to its cost/risk rating, which is arrived at on the basis of 3 factors: type of premises (eg, class of restaurant, class of club, hotel, or grocery store), latest alcohol sales time, and number of recent enforcement actions. There are 5 fees categories for premises: very low, low, medium, high, and very high.
Application fees range from $320 to $1,050. Annual fees range from $140 to $1,250. Under the authority of the Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013, territorial authorities may, by bylaw, set different annual and application fees than those prescribed by these regulations for licences for premises in the various fees categories.
For special licences, the regulations prescribe a range of licence fees that reflect the number and size of the event(s) to be held at the relevant premises.
The regulations prescribe a fee of $275 for manager's certificates. If territorial authorities make bylaws setting the fee for a manager's certificate, these regulations require that the fee must be the same across all territorial authorities. This is because a manager's certificate is valid in all territorial authorities and so the cost must be the same wherever the manager's certificate is issued.
The regulations also prescribe a range of other miscellaneous fees payable. They include the annual fee payable for permanent club charters and the fees for lodging appeals with ARLA.
Territorial authorities must pay to ARLA a specified portion of each application and annual fee paid to it for an on-licence, off-licence, or club licence, and a specified portion of each manager's certificate fee paid to it.
Territorial authorities are required to report annually on their income from fees, and expenditure, relating to their functions under the Act.