Apply for an exemption

As a liquor licence holder, you can apply for an exemption from:

  • the requirement to have a responsible person supervising and managing your venue
  • compliance with a specific clause of the:
    • general code of practice
    • late night trading code of practice.

Holders of packaged liquor sales licences may also apply for an exemption from:

  • the requirement that the licensed premises be devoted entirely to the business conducted under the licence
  • the requirement that the licensed premises be physically separate from premises used for other commercial purposes.

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

What you'll need

Fee: $134 for each exemption

What you'll need

Responsible person exemption

At all times that the licensed premises is open for trade, it must be supervised by the licensee or another person approved by the Commissioner as a responsible person.

If you can prove to the licensing authority that an exemption from this requirement would not compromise the responsible service of alcohol, the licensing authority may grant you an exemption and approve alternative arrangements for the supervision and management of the business.  For example, an exemption may be granted in circumstances where there will only be a limited number of people buying or drinking alcohol at the venue.

Information required

To apply for this exemption you'll need to provide the following information:

  • whether the exemption is to apply at all times or during nominated times (conditional exemption)
  • what alternative arrangements will be made for the supervision and management of the business, for example a responsible person is contactable by phone at any time the premises are operating
  • the value of the sales of liquor over the past financial year
  • evidence of the number of people consuming liquor on the premises
  • the number of public access points to the premises, and whether or not they will be limited
  • the size and nature of the operations of the business, including trading hours.

Exemption from the general code of practice

The licensing authority can exempt you from provisions of the general code of practice, depending on the nature and extent of the licensed operations.

Information required

To apply for this exemption you'll need to provide the following information:

  • the clause of the general code from which you want to be exempt
  • the nature and scope of operations conducted under the licence
  • a copy of your management plan, including:
    • a risk assessment of operations
    • measures to manage high risk operations
  • any other reasons for exemption
  • any other information that would support your request.

Exemption from the late night trading code of practice

The licensing authority can exempt you from provisions of the late night trading code of practice, depending on the nature and extent of the licensed operations.

Information required

To apply for this exemption you'll need to provide the following information:

  • the clause of the late night trading code of practice from which you want to be exempt
  • the nature and scope of operations conducted under the licence
  • a copy of your management plan, including:
    • a risk assessment of operations
    • measures to manage high risk operations
  • any other reasons for exemption
  • any other information that would support your request.

Packaged liquor sales

You may wish to apply for an exemption from the requirement that the licensed premises only carry out business specified by the licence and the requirement that the licensed premises be physically separate from premises used for other commercial purposes.

To be eligible for the exemption, the licensing authority must be satisfied that granting the exemption would be in the public interest e.g. a general store in a regional location.

Information required

To apply for this exemption you'll need to provide the following information:

  • the nature and scope of operations conducted under the licence
  • a copy of your management plan, including:
    • a risk assessment of operations
    • measures to manage high risk operations
  • any other reasons for exemption
  • any other information that would support your request.

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).

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


Related information

On this site

Running a licensed venue


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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/vary-a-licence/exemption
Last Updated:
18/11/19
Printed on:
13/12/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
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