Apply for a liquor licence

Special circumstances liquor licence

You can apply for a special circumstances licence can be applied for if your business does not fit into any other category of licence.

Licence

This type of licence suits businesses such as:

  • boats, ferries and similar vessels
  • buses, limousines and other vehicles
  • caterers
  • sporting arenas, theatres, cinemas, bowling alleys.

Trading hours

Any day between 5.00 am and midnight

Additions

If you want to sell liquor to be consumed on a footpath, or similar outdoor area that is not part of your licence, you will need to apply for an extended trading area (PDF 284KB).

There is no separate application to apply for an extended trading area if it forms part of your application for a new licence.

If you want to trade Monday to Sunday between midnight and 5.00am you will need to apply for extended trading authorisation (PDF 125KB).

If your venue hosts any entertainment that:

  • is sexually explicit or
  • involves fighting - eg wrestling, boxing or martial arts

you will need to apply for prescribed entertainment consent (PDF 180KB).

Before you begin

To apply for a special circumstances licence you will need:

  • to complete a submission providing details as to why your business would not fit into any other licence category available. This is to be submitted with your application
  • set out the licence conditions you wish to have on your licence
  • a floor plan of the venue - how to submit a plan for a licensed venue (PDF 344KB)
  • a copy of the lease agreement and permission from the landlord if you don't own the property
  • a certificate of title if you own the property
  • to determine whether you are applying as
    • an individual
    • a partnership
    • a company
    • a trustee of a trust or incorporated association

    • and provide the following documents where applicable:

    • a copy of the partnership agreement
    • an ASIC extract
    • an incorporated association constitution including a list of committee members
    • a copy of the relevant trust deed
  • to determine who holds a position of authority within your corporate structure or trust and lodge a personal identification declaration (PID) to have those persons approved
  • a capacity assessment from:
    • the council
    • a private certifier
    • a registered architect.

The capacity for your venue may also be stated as part of your development approval or certificate of occupancy. If you do not submit a capacity assessment limit will be set as one person per square metre.

Positions of authority

It is your responsibility to ensure that all persons:

  • who occupy a position of authority within your corporate structure/trust or,
  • receive profits or proceeds from the business

are approved by the Liquor and Gambling Commissioner.

Positions of authority include:

  • a sole-trader or persons in a partnership
  • directors and shareholders, including where a shareholder is a body corporate
  • trustees and beneficiaries of the trust associated with the licensed entity
  • committee members in the case of an incorporated association
  • any person in the corporate structure which exercises influence or control over the business.

Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust don't need approval.

Further information on who needs approval within your corporate structure (PDF  182KB)

Personal identification declarations (PIDs)

To be approved by the Liquor and Gambling Commissioner each person must complete and lodge a personal identification declaration (PID) with the application.

Personal information declaration (PID) form (PDF 681KB)

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

Responsible persons

The venue will need to be supervised either by you, or a person approved by the commissioner as a responsible person, whenever you’re open for trade.

If the responsible person you want is already approved you do not need to do anything further.

You can check whether any of your staff are already approved as responsible persons.

If you don’t already have an approved responsible person you will need to apply to have someone approved. This application can be lodged together with your special circumstances application.

A PID must be completed and lodged together with your responsible person application.

Approve a responsible person - application

Personal information declaration (PID) form (PDF 681KB)

If your venue is small and you’re only planning to trade short hours a few days a week, you may be able to get an exemption from the requirement to have a responsible person managing your business when you are not there.

Application for exemption from responsible person requirements (PDF 50KB)

Fees

Application type

Fee

New licence

$563.00

Extended trading authorisation

$563.00

Prescribed entertainment consent

$563.00

Extension of trading area

$122.00

Responsible person or person in a position of authority

$122.00

ID badge (if required)

$20.50

Further requirements

Once you have submitted your application, a case manager will advise you of the date it will be considered.

At least seven days before this date 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

or

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

More detailed information on the process and requirements of applying for a liquor licence is provided in the Practice Direction (PDF 1.2MB)

How to apply

What happens next

A copy of your application will be sent to South Australian police licensing enforcement branch.

Notification of your application will also be put on the CBS website and made available to the public. Your case manager will contact you to let you know whether you need to:

  • display a notification on the premises
  • notify your local council.

You will be asked to provide evidence that you have completed both of these.

If all the approvals are in place and there are no objections, the application process will take approximately six to eight weeks.

Objections

As notice of your application is made public any person may object if they have a reason to do so - for example, if your neighbours think that your business is going to be noisy, or have an impact on the neighbourhood.

The police and council may also intervene in your application if there are concerns about public safety and disturbance, or if there are concerns about the fitness and propriety of any person.

If someone objects to your application you will:

  • receive a copy of the objection form, which will usually explain the objection
  • be invited to take part in a conciliation conference with the objector and the commissioner or a delegate, usually held at CBS in the Adelaide CBD.

Conciliation conference

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 delegate will ask you to explain exactly what your application is all about, how you wish to trade and so on
  • the objectors will explain their concerns
  • 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 can't make a decision and 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 before a delegate or the commissioner:

  • you will be able to put your case forward
  • the objectors can explain their concerns
  • the delegate or commissioner will make a decision on the application.

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

In person:
91 Grenfell Street
Adelaide

Post:
GPO Box 2169
Adelaide SA 5001


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Page last updated 1 February 2019

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/business-and-trade/liquor/licences/liquor-licenses/special-circumstances-licence
Last Updated:
01/02/19
Printed on:
23/02/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019