Restaurant and catering liquor licence
This licence is for food providers, such as restaurants, cafes and caterers, who also wish to sell liquor.
This licence lets you sell liquor, in accordance with your licence conditions, to:
- a person dining on the licensed premises, with or ancillary to a meal provided by you
- a person attending a function where food is provided
- a person seated at a table at the licensed premises
- a person doing a cooking course held by the licensee.
In your application you'll need to select whether you want to supply liquor at:
- your premises (restaurant)
- locations away from the premises (catering)
- both on your premises and at other locations.
Your licence may be granted subject to conditions.
Extension of trading area
If you want to sell liquor to be consumed on a footpath or similar outdoor area that is not part of your premises, you will need to apply for an extension of trading area.
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
To apply for a restaurant and catering liquor licence you'll need to upload these documents (a legible photo is acceptable):
- two floor plans of the venue - how to submit a plan of licensed venue (PDF 344KB)
- permission from the landlord and the certificate of title.
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 a trust, you'll need a copy of the relevant trust deed.
Positions of authority
You'll need to determine who holds a position of authority within your corporate structure or trust, and have them approved as part of your application.
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 a responsible person, you can apply for them to be approved. You can do this as part of the 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 of a responsible person must wear and 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 submitting your application you must:
- provide a copy of the permit issued by the local council if you applied 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.
If documents are not lodged seven days before the date your application is to be considered your application will be adjourned for six months.
Once all outstanding documents are lodged, the application will be re-listed for determination. If the outstanding documents are not received within six months the application will be dismissed.
What happens next
You can log in to LGO at any time to track the progress of your application.
Some applications are sent to the South Australia Police Licensing Enforcement Branch.
Some are also required to be advertised.
CBS will advise you of the next steps and what you need to do.
Submissions and interventions
If your application needs to be advertised, anyone will be able to submit their concerns and object to the application.
For example, if your neighbours think 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 to the commissioner.
In some rare circumstances, you may also be asked to:
- 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.
When determining a matter, the commissioner or delegate must consider all submissions, interventions and responses.