Sale of Liquor (Objections to Applications) Amendment Bill

  • defeated on 22 September 2010

Explanatory note

General policy statement

This bill seeks to amend the Sale of Liquor Act 1989 to make wider provision for objections to applications for on-licences and off-licences. The bill allows any person to object to an application. However, the objector must be able to provide evidence of adverse impact on the objector if the application were to be granted.

The bill also requires an applicant for an on-licence or an off-licence to carry out an evaluation of the social impacts on the community if the licence were to be granted. The evaluation is subject to the same public notice requirements as the application.

Where an application for an on-licence or an off-licence is opposed, the bill provides for the Licensing Authority to take additional matters into account. However, the Authority will have the power to dismiss objections it considers frivolous or vexatious, or without foundation.

Part 1 of the bill contains provisions relating to objections to applications for on-licences, and Part 2 mirrors those provisions in relation to off-licences. This reflects the structure of the principal Act where provisions for on-licences and off-licences are in separate Parts.

Clause by clause analysis

Clause 1 is the Title.

Clause 2 provides for the bill to come into force on the day after the date on which it receives the Royal assent.

Clause 3 indicates that the principal Act being amended is the Sale of Liquor Act 1989.

Clause 4 inserts a new section 9A into the principal Act to require an applicant for an on-licence to carry out an evaluation of the social impacts on the community if the licence were to be granted. The new section also provides for the evaluation to be subject to the same public notice requirements as the application.

Clause 5 amends section 10 of the principal Act to provide that any affected party may object to an application for an on-licence. The time period within which objections may be lodged is altered from 10 working days to 20 working days after the first publication of the notice of application. An affected party may be a person, a business, or a community organisation, such as a school, an early childhood centre, or a church, in the area to which the application relates who considers that he or she or it would be adversely affected by the proposal.

Clause 6 requires the Licensing Authority or the District Licensing Agency, as the case may be, to take account of the social evaluation prepared under new section 9A in deciding whether or not to grant an on-licence.

Clause 7 inserts a new section 13A into the principal Act. This section provides for additional matters to be taken into account by the Licensing Authority where an application for an on-licence is opposed. The Authority must consider whether the objector is an affected person and whether sufficient evidence has been provided to support that contention. The Authority may dismiss objections it considers frivolous or vexatious, or without foundation.

Clause 8 inserts a new section 31A into the principal Act to require an applicant for an off-licence to carry out an evaluation of the social impacts on the community if the licence were to be granted. The new section also provides for the evaluation to be subject to the same public notice requirements as the application.

Clause 9 amends section 32 of the principal Act to provide that any affected party may object to an application for an off-licence. The time period within which objections may be lodged is altered from 10 working days to 20 working days after the first publication of the notice of application. An affected party may be a person, a business, or a community organisation, such as a school, an early childhood centre, or a church, in the area to which the application relates who considers that he or she or it would be adversely affected by the proposal.

Clause 10 requires the Licensing Authority or the District Licensing Agency, as the case may be, to take account of the social evaluation prepared under new section 31A in deciding whether or not to grant an off-licence.

Clause 11 inserts a new section 35A into the principal Act. This section provides for additional matters to be taken into account by the Licensing Authority where an application for an off-licence is opposed. The Authority must consider whether the objector is an affected person and whether sufficient evidence has been provided to support that contention. The Authority may dismiss objections it considers frivolous or vexatious, or without foundation.