Packaged liquor sales licence

A packaged liquor sales licence allows you to sell liquor for takeaway and by direct sales transactions.

When applying you'll need to meet certain requirements and provide a range of documents

What you'll need

Application fees

Licence summary

Activities

A packaged liquor sales licence allows you to:

  • sell liquor for takeaway
  • sell liquor by direct sales transactions, such as through online sales or via mail order
  • sell or supply liquor for sampling on the licensed premises.

The licence does not authorise the sale of packaged liquor from a drive-in or drive-through bottle shop.

Premises

The licensed premises must only carry out business specified by the licence and must be physically separate from premises used for other commercial purposes. You may be eligible for an exemption from this requirement.

A packaged liquor sales licence can't be granted at any of the following types of premises (or premises accessed directly through any of these), unless you can demonstrate that there is a proper reason to do so:

  • premises used primarily as a restaurant or for the preparation and sale of food for immediate consumption away from the premises (or both)
  • premises ordinarily known as or advertised as a supermarket, convenience store or delicatessen
  • premises used primarily for the sale of non-consumable domestic or commercial goods or merchandise
  • petrol stations, including any parts of a petrol station that consist of a shop selling goods by retail or used for or in connection with the repair and servicing of motor vehicles
  • premises used primarily for the sale of tobacco products and e-cigarettes products
  • premises used directly or indirectly in connection with the sale of firearms or ammunition
  • premises that are a public conveyance - eg a bus or a boat.

Trading hours

Takeaway

You will need to specify the hours you want to sell liquor for takeaway. The hours you specify must not exceed 13 hours between 8.00 am and 10.00 pm on any day.

Online and mail order

You can sell liquor by direct sales transactions - eg online or by mail order - at any time on any day, but it can only be delivered in South Australia between 8.00 am and 10.00 pm.

Your licence may be granted subject to conditions.

Optional additions

Prescribed entertainment

You'll need to apply for prescribed entertainment consent if you want to host any entertainment that:

  • is sexually explicit
  • involves boxing or martial arts.

Having prescribed entertainment consent will affect your annual fees.

What you'll need

Documents

Licences restricted to direct sales transactions

If you are applying for a licence that only allows you to sell packaged liquor through direct sales transactions such as online sales or mail order, you'll need to upload these documents:

  • a copy of the partnership agreement if you're applying as a partnership
  • an Australian Securities and Investments Commission (ASIC) extract if you're applying as a company
  • a copy of the relevant trust deed if you're applying as a trustee of a trust.

All other applications

To apply for a licence that is not restricted to direct sales transactions, you'll need to upload these documents (a legible photo is acceptable):

If you're applying as:

  • a partnership, you'll need a copy of the partnership agreement
  • a company, you'll need an Australian Securities and Investments Commission (ASIC) extract
  • a trustee of trust, you'll need a copy of the relevant trust deed.

Positions of authority

All applicants need to determine who holds a position of authority within their corporate structure or trust, and have them approved as part of your application.

Responsible persons

At all times that the venue is open for trade to the public, it will need to be supervised by a responsible person. This is:

  • the licensee
  • a director of the licensee (where the licensee is a company)
  • a person approved by the Commissioner as a responsible person.

If the person you want to supervise your venue is not approved as responsible person, you can apply for them to be approved. You can do this as part of your licence application.

If a person has already been approved under another current liquor or gaming licence in South Australia, a responsible person application is only required if their circumstances have changed since their last approval.

If the person you want to supervise your venue is already approved you don’t need to do anything further.

Anyone performing the duties a responsible person must wear an identification badge (RP badge) issued by the Commissioner.

Check if someone is approved as a responsible person (you'll need the ID number from their RP badge).

After submitting your application

After you have submitted your application you must:

  • provide a copy of the permit issued by your local council if you intend to apply for extension of trading area - the permit must be in the applicant’s name
  • provide any development approvals from council.

If you don’t have development approval but have been granted planning consent from local council and the venue isn't finished, the Commissioner can grant you a certificate and then grant the licence once the venue is complete. There is no additional application to convert your certificate into a licence.

The documents must be lodged seven days before the date that your application will be considered. You'll be advised of this date after you submit your application.

What happens next

You can log in to LGO at any time to track the progress of your application.

You'll also receive periodic email notifications asking you to log in to receive important information such as the date that your application will be considered (determination date).

Submissions and interventions

Your application will be sent to South Australia Police Licensing Enforcement Branch. It may also need to be advertised.

Advertising directions (PDF) - Consumer and Business Services

Anyone can submit concerns regarding your licence application. For example, if your neighbours think that your business is going to be noisy or if they are concerned your business will have an impact on the neighbourhood they may consider lodging a submission with the Commissioner.

The police may also intervene in your application if they have concerns about public safety and disturbance or the fitness and propriety of any person holding the licence.

If all the approvals are in place and there are no concerns raised by any member of the public (submissions) or police (interventions), the application process will take approximately six to eight weeks.

Submissions or interventions must be lodged at least seven days before the determination date.

If anyone submits a concern regarding your application you will receive a copy.

You may then be asked to:

  • submit a response the Commissioner
  • take part in a conciliation conference with SAPOL or anyone else who submitted their concerns and the Commissioner or a delegate
  • attend a hearing before the Licensing Court.

A conciliation conference is usually held at CBS in the Adelaide CBD.

The Commissioner or delegate must consider all submissions, interventions and responses, and may make a decision on your application without asking you to respond, having a conciliation conference or holding a hearing.

Information for the general public about how to make a submission regarding a liquor licence application.

Conciliation conference

A conciliation conference is a confidential conference where the Commissioner or delegate will attempt to reach an agreement between the parties. You don’t need to be represented by a lawyer, but you can choose to do so, if you think it’s necessary.

At the conciliation conference:

  • you will be asked to explain the nature and intent of your business
  • the other party will express their concerns
  • the delegate will help the parties try to reach an agreement.

At the end of the conference the delegate will either:

  • make a decision on your application
  • ask that the parties attend a hearing.

Hearing

A hearing is more formal than a conciliation conference where all parties will put forward evidence for the Commissioner or a delegate to make a decision.

At a hearing both parties will be able to put their case forward. The Commissioner or delegate will then make a decision on the application.

In special circumstances the Commissioner or delegate may refer your application to the Licensing Court to make a decision.

Contact CBS Liquor and Gaming

Email: liquorandgaming@sa.gov.au

Phone: 131 882

In person:
91 Grenfell Street
Adelaide

Post:
GPO Box 2169
Adelaide SA 5001


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Page last updated 18 November 2019

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/business-and-trade/liquor/apply/packaged-sales
Last Updated:
18/11/19
Printed on:
08/12/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
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