If noise from a licensed premises, or the behaviour of people in and around a licensed premises is unduly offensive, annoying, disturbing or inconvenient, you can lodge a complaint with Consumer and Business Services (CBS).
If you feel comfortable, you should raise your concerns directly with the licensee before lodging a complaint with CBS. The matter may be resolved quickly without outside intervention.
A complaint must be made by at least 10 people who live, work or worship within the area of the licensed premises. However, the commissioner may accept complaints made by fewer people depending on the nature of the complaint.
The licensee will also get a copy of the complaint, including all contact details.
Complete the complaint form (100.1 KB PDF) and email it to liquorandgaming@sa.gov.au.
There are no fees to lodge a complaint with CBS.
What happens next
When a complaint is made, the commissioner will serve a copy of the complaint on the licensee before the matter progresses to conciliation or hearing. This is to ensure that the licensee is aware of the concerns and has time to address the problem, or for the parties to resolve the problem together.
Conciliation conference
The licensee, and all persons who signed the complaint, will be invited to take part in a conciliation conference with the commissioner or a delegate, usually held at CBS in the Adelaide CBD. The conciliation conference may also be facilitated by telephone.
The conciliation conference is not a formal process, and there's no need to be represented by a lawyer, but you may choose to do so if you think it's necessary.
At the conciliation conference the commissioner will attempt to conciliate between the complainants and the licensee. If the matter is resolved by conciliation, then the terms of settlement may become conditions of the licence. If conciliation cannot be achieved the matter will be referred to a hearing.
Hearing
A hearing can take place before a delegate or the commissioner if all parties agree, otherwise it will be heard by the licensing court.
At a hearing, the commissioner or the court must take into account a number of relevant factors including:
- the relevant history of the licensed premises in relation to other premises in the area and the period of time the noise or behaviour complained about has been occurring
- whether or not the noise or behaviour from the premises is reasonable in the circumstances
- the trading hours and character of the business carried out by the licensee
- any other matter that the commissioner or the court considers relevant.
Each case will be considered on its merits, considering all relevant factors.
If your matter goes before the licensing court, more information will be provided by the court.
Contact CBS Liquor and Gaming
Email: liquorandgaming@sa.gov.au
Phone: 131 882
Post:
GPO Box 2169
Adelaide SA 5001
