Liquor Licensing

To sell liquor in Tasmania you need to be authorised under the Liquor Licensing Act 1990. Once you have a licence you need authorisation before you change something significant about your business, such as altering the area of your premises or transferring the licence to another person. You are also required to help minimise the harm associated with the sale and supply of liquor, including Responsible Service of Alcohol.

Club Liquor License

A club liquor license authorises the sale of liquor on the club’s premises between 5 am and 12 midnight daily, for consumption on or off the premises. This license is usually issued to sporting or RSL clubs.

The sale of liquor under this license is limited to:

a)      a member of the club;

b)      a guest of a member of the club;

c)       a visitor to the club;

d)      a member of another club which has a reciprocal membership arrangement with the club;

e)      a competitor in an event conducted or hosted by the club on that day;

f)       a spectator of an event conducted or hosted by the club on that day;

g)      a person who is attending a meeting of, or a function conducted by, an organisation which the Commissioner is satisfied is not operated for profit.

http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/LookupFiles/Club-Licence-information-leaflet.pdf/$file/Club-Licence-information-leaflet.pdf

Liquor cannot be sold to other organisations/groups for resale by those groups. Entry restrictions apply to non-club members.

Private Functions – licensees must remember that the requirements of the Liquor Licensing Act 1990 apply when members conduct private functions.

If a Club wishes to amend its Constitution, approval for any proposed changes needs to be obtained from the Commissioner for Licensing.

Approval is required from the Commissioner for Licensing to alter the area of a licensed premises, where that alteration will extend the area of the premises.

On duty Police Officers may enter licensed premises at any time and must not be hindered in the execution of duty. The Police Offences Act makes it an offence for a person to consume liquor in a public street.

Licensees should remind patrons not to remove opened containers of liquor from licensed premises. The Police Offences Act provides for any person to arrest another person who dishonestly makes off without paying for goods or services.

If a licensee is to be absent for more than 14 days, written advice indicating the name and address of the person who will be in charge of the premises must be forwarded to the Commissioner for Licensing prior to such absence.

If a club uses crowd controllers to assist with the running of the premises, the licensee must ensure that those crowd controllers are licensed in accordance with the Security and Investigations Agents Act.

It is an offence for a person to spike another person’s drink. If convicted, the penalty can be a term of imprisonment not exceeding two years or a fine of $13 000 or both. A person could also incur civil liability in respect of their action.

Special Permit (club permit)

A special permit (club permit) authorises the sale of liquor on the premises of an incorporated sporting club for a period up to 15 hours per week. It is issued primarily for the social enjoyment of club members.

The hours for the sale of liquor are set six monthly, beginning 1 October and 1 April each year to coincide with the football and cricket seasons. The hours and days of the 15hr splits can be altered within the clubs operating hours but must not exceed 15 hrs.

In addition to the 15 hours permitted trading per week, clubs may apply for extra hours for additional functions and significant or extraordinary events by applying for a special permit.

The special permits for club related and special events are limited to one per month.

Club permit operating conditions

http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/LookupFiles/Club-Permit-Operating-Conditions.pdf/$file/Club-Permit-Operating-Conditions.pdf

Application for a club permit

http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/LookupFiles/Application-for-a-Club-Permit.pdf/$file/Application-for-a-Club-Permit.pdf

Application for a special permit – up to 30 days

http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/LookupFiles/Special-Liquor-Permit-Info-Leaflet1-30days-2011.pdf/$file/Special-Liquor-Permit-Info-Leaflet1-30days-2011.pdf

SPECIAL PERMIT (issued under the Liquor Licensing Act 1990)

A special permit authorizes the sale of liquor:-

a) on premises; and

b) between times; and

c) subject to compliance with any condition specified in the permit.

    Share

Leave a Comment