Use of licensed premises outside of trading hours

Under sections 146 and 147 of the Liquor Act 1992, licensees are not permitted to sell, supply or allow for the on-premises consumption of alcohol outside of licensed trading hours.

If you do want to sell, supply or allow consumption of alcohol outside of your licensed trading hours, you must apply for a permanent or temporary change to trading hours.

If you do not want to sell, supply or allow consumption of alcohol, but do want to trade outside of your approved trading hours, you can, in certain circumstances. For example, provided that alcohol is not served, you can stay open past approved trading hours to allow patrons to watch televised sport.

Licensees with approval to conduct machine gaming are permitted to stay open in the following circumstances:

  • within existing approvals - for the duration of their current approval
    or
  • during new approvals - for a period of up to 2 hours after the service of alcohol has ended.

When to advise authorities of extended trading

Under section 184(1)(c) of the Liquor Act 1992, investigators, such as Office of Liquor and Gaming Regulation (OLGR) officers and police, have the authority to require patrons to leave a premises at times when the licensee is not authorised to sell liquor. This power could be used in many circumstances, including if patrons are negatively impacting on the surrounding neighbourhood. For this reason, we recommend you notify OLGR and your local police of your intention to trade after hours, prior to doing so. However, if you meet the circumstances listed below, there may be no need to advise authorities.

When not to advise authorities of extended trading

It may not be necessary to advise authorities prior to extended trading if:

  • patrons are participating in the sport or principal activity of a community club or community other licence
  • patrons are eating a meal, in a section of the premises ordinarily set aside for dining or a service is being provided to patrons in attendance (e.g. the use of function rooms or the provision of meals between the hours of 7am and 10am)
  • the licence is a commercial other (subsidiary on-premises) licence and the premises is being used for the provision of its principal activity (e.g. a café serving coffee and snacks, a vessel offering a charter service, or a theatre conducting entertainment)
  • patrons are using the TAB facilities from 12 midday on Anzac Day at a commercial hotel or community club
  • you are authorised to provide gaming or adult entertainment during the period after your liquor licence trading hours have ended.

Compliance during extended trading hours

During opening hours (whether that includes alcohol or not), your usual liquor licensee compliance requirements remain. Two items of particular importance when trading after hours, are safety and community disturbance.

Licensees and staff of licensed premises must provide and maintain a safe environment in and around the premises when trading outside of approved trading hours. Licensees may be disciplined and penalised for any inappropriate conduct outside of licensed trading hours.

In addition to this, the use of the licensed premises, or the behaviour of patrons and staff entering or leaving the premises, must not cause undue annoyance or disturbance to others living, working or doing business in the neighbourhood.

Also consider...