Apply for a proposed premises certificate
If the premises where you propose to provide gaming machines has not been built or is under construction, you can apply for a proposed premises certificate. There is no charge for doing this and it is not compulsory, but it allows the Liquor and Gambling Commissioner to assess the plans of the proposed premises before the building is complete.
You don't need this if the premises is already built.
Before you begin
To apply for a proposed premises certificate, you will need:
- a social effect certificate
- two plans of the proposed licensed premises and gaming area.
How to apply
You need to provide evidence to satisfy the commissioner that:
- you have obtained any necessary approvals, consents or exemptions
- the proposed gaming area or gaming areas within the premises will be suitable for the proper conduct of gaming operations
- there will be adequate security proposed for the premises, gaming area(s) and the gaming machines
- the conduct of the proposed gaming operations would be unlikely to result in undue offence, annoyance, disturbance or inconvenience to those who live, work or worship in the vicinity of the premises
- the conduct of gaming operations would not detract unduly from the character of the premises, the nature of the undertaking carried out on the premises or the enjoyment of persons ordinarily using the premises
- the proposed gaming area(s) is not designed or situated so that it would be a special attraction to minors
- the proposed gaming area(s) is enclosed.
There is no fee for this application.
Lodge all this information and any additional relevant information with Consumer and Business Services (CBS).
Email the application to email@example.com
Licensing and Registration
GPO Box 2169
Adelaide SA 5001
What happens next
A case manager from consumer and Business Services will contact you to confirm that your application was received.
Your case manager will let you know whether you need to:
- publish a notice of your application in certain newspapers
- publish a notice of your application in the government gazette
- notify your local council.
The advertising of applications is a mandatory requirement to allow members of the public to raise any objections and is in addition to any advertising and consultation you may have engaged in with the local community during the social effect inquiry process.
As notice of your application is made public:
- a person may object if they have a reason to do so
- the police may also intervene on your application if there are concerns about public disorder, disturbance or would be contrary to the public interest
If someone objects to your application:
- you will be provided with the details of the objection
- you and the objectors will be invited to take part in a conciliation conference with the commissioner or a delegate.
The conciliation conference is not a formal process, there is no need to be represented by a lawyer, but you may choose to do so if you think it is necessary.
At the conciliation conference:
- the delegate will ask you to explain the details of your application
- the objectors will explain what their concerns are
- the delegate will help the parties reach an agreement
- the delegate can explain what the law means and clarify any misunderstandings the parties may have but cannot provide you with legal advice
- if the objectors and you fail to come to an agreement the delegate cannot make a decision and will refer the matter to a hearing.
The commissioner may determine whether to conduct the hearing or refer the matter to be heard by the Licensing Court.
At a hearing before the commissioner:
- you will be able to explain the details of your application
- the objectors can explain their concerns
- the commissioner will make a decision on the application.
When considering your application the commissioner must:
- apply the social effect principles set by the Independent Gambling Authority
- consider the scale of the proposed gaming operations relative to the other businesses to be conducted at, or in connection with, the premises
- not have regard to the economic effect that the granting of the licence might have on the business of other licensed premises in the relevant area, except any economic effect that may be relevant to the assessment.
If your matter goes before the licensing court, more information will be provided by the court.
Your case manager will keep you updated on the progress of your application.