Guideline 40: Applications to alter, rebuild, change or increase the area of the licensed premises

Liquor Act 1992 - Section 154, Alteration etc. and maintenance of licensed premises
Liquor Regulation 2002 - Regulation 21
Wine Industry Act 1994

Reason for this guideline

This guideline has been developed to help licensees identify when an alteration or other change to a licensed premises requires the Commissioner's prior approval.

Under the Liquor Act 1992, the owner, licensee or person in control of a licensed premises must not, without the Commissioner's approval, alter, rebuild, change or increase the area of the licensed premises.

The Commissioner recognises the approval requirement could be viewed broadly and encompass any change to a licensed premises, even minor or cosmetic ones.

This guideline provides a balanced approach to regulating licensed premises, having regard to the main purposes and principles of the Liquor Act which include, but are not limited to:

  • minimising adverse effects on the amenity of the community
  • requiring licensees and permit holders to take reasonable steps to ensure that their operations do not create undue disturbance
  • facilitating and regulating the optimum development of the tourist, liquor and hospitality industries having regard to the welfare, needs and interests of the community and economic implications of change
  • providing for a flexible, practical system for regulation of the liquor industry with minimal formality, technicality or intervention consistent with proper and efficient administration.

When prior approval will generally be required

Licensees will generally need to apply for the Commissioner's approval when proposed changes may result in any one of the below:

  • an increase or decrease in the size of the licensed premises (see further explanation below)
  • part of the licensed premises no longer being used as licensed premises
  • rebuilding the licensed premises
  • renovations to the licensed premises, except when
    • the estimated cost of the renovation is less than $500,000
    • or
    • the renovations are only cosmetic (e.g. carpeting, tiling, painting and decorating), regardless of cost
    • or
    • the renovations are limited to like-for-like replacements (e.g. replacing bar tops or refrigeration equipment), regardless of cost
  • a new on-site bottle shop or liquor barn
  • altered acoustic qualities or increased noise that may affect community amenity.

All applications must be lodged and approved by the Commissioner before the alterations or other changes take place.

The Commissioner may determine that the application be advertised under Section 118(1) of the Liquor Act 1992.

When prior approval will not generally be required

Licensees won't generally need to apply for the Commissioner's approval when the proposed changes:

  • don't fall within the criteria listed above
  • don't adversely affect local community amenity in any other way.

If there is any doubt about the requirement to seek the Commissioner's prior approval, licensees are encouraged to contact the Office of Liquor and Gaming Regulation at OLGRlicensing@justice.qld.gov.au for guidance before commencing any alterations.

Change to the licensed area

An application to change the licensed area is required when the licensee proposes to increase or decrease the area, and/or alter or rebuild the area in a way that will affect its description, for example:

  • adding a footpath dining area
    • or
  • adding an adjoining piece of land.

Applications to increase the licensed area must only include adjoining areas. For more information read Guideline 35: Licensed areas.

Review schedule

The Commissioner will undertake a review of this Guideline every 2 years.

Re-issued 17 September 2025
(Issued 21 December 2001; re-issued 1 August 2003; re-issued 22 May 2009; re-issued February 2013)

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