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Guideline 52: Bar licences
Liquor Act 1992 - Section 70
Section 70 of the Liquor Act 1992 provides that the principal activity of a business under a bar licence is the sale of liquor on the licensed premises having the capacity to seat not more than 60 patrons at any one time.
To assist the Commissioner for Liquor and Gaming to determine if the proposal meets the provisions of Section 70, which is the premises must have a capacity to seat not more than 60 persons, the total of all unencumbered public space available for the consumption of liquor will be taken into account.
The Commissioner will allow 1.5m2 per person to determine if the proposed premises has the capacity to seat a maximum of 60 patrons. In this regard, the amount of unencumbered public area available to seat a maximum of 60 patrons is 90m2.
To provide some flexibility, the Commissioner will consider proposals where there is a slightly larger unencumbered publicly available floor area than the 90m2 as long as there is only provision for a maximum of 60 seating.
Irrespective of the maximum unencumbered publicly available floor area of the proposed premises approved by the Commissioner, the maximum number of patrons permitted to be on the premises at any one time is 100.
In addition, the Commissioner will also make a determination on the suitability of premises under Section 107(4) of the Act with regard to characteristics of the proposed licensed premises, including the layout plan to ensure that the applicant proposes to operate a 'small bar'. The proposed toilet facilities, fittings, furniture, and service areas may be considered in determining the suitability of the premises for a bar licence.
In regard to toilet facilities, the Commissioner will consider the availability of and access to the facilities required by patrons of the licensed premises. If the licensee proposes to have a patronage of more than 60 persons at any one time, separate male and female toilet facilities must be located within the premises or within a short distance of the premises. If the licensee proposes to have a patronage of 60 persons or less at any one time, the Commissioner may consider 1 unisex toilet located within the premises or within a short distance of the premises.
Please also refer to Guideline 26: Standard of premises for further information regarding requirements for toilet facilities at licensed premises.
Re-issued 24 January 2013
- Last reviewed: 31 Jul 2020
- Last updated: 9 Jun 2016
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