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

Liquor Act 1992 - Section 154
Liquor Regulation 2002 - Regulation 21
Wine Industry Act 1994

Purpose

This guideline is to inform licensees on what alterations and other changes to licensed premises are likely to require the Commissioner's prior approval under section 154(1) of the Act.

When prior approval will generally be required

The Commissioner will generally require a licensee to apply for approval when proposed changes may result in:

  • an increase or decrease in the size of the licensed premises
  • part of the licensed premises not being used as licensed premises
  • the rebuilding of the licensed premises
  • major renovations to the licensed premises.

When prior approval will not generally be required

The Commissioner will generally not require a licensee to apply for approval when proposed changes don't fall within the criteria listed above and are likely to result in alterations or other changes where the estimated costs of the changes are less than $50,000 and are not likely to alter the acoustic qualities of the licensed premises.

Change in the licensed area

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

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

Applications to increase the licensed area must only include contiguous areas. For further information in relation to licensing contiguous areas, see Guideline 35: Licensed areas.

In accordance with Section 154 of the Liquor Act 1992, all applications must be lodged and approved by the Commissioner prior to the renovations or additions taking place.

The Commissioner may determine that an application to alter, rebuild, change or increase the area of the licensed premises be advertised under Section 118(1)(e) of the Liquor Act 1992, if it is considered that residents or businesses in the locality could potentially be affected.

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