Guideline 57: Detached bottle shops further than 10km from main hotel premises

Liquor Act 1992 - Part 4, division 2, section 60(1)(d)
Liquor Regulation 2002 - Part 3, section 7

This guideline is to inform applicants and licensees of certain factors the Commissioner for Liquor and Gaming may consider in making a determination on an application for a detached bottle shop where a proposed detached bottle shop will be more than 10kms by road from the main hotel premises.

Legislative exemption to 10km maximum distance requirement

Part 3, section 7(4) of the Liquor Regulation 2002 authorises the Commissioner to approve a detached bottle shop that is more than 10kms by road from the main hotel premises, if the following criteria are met:

(a) The proposed detached bottle shop will –

(i) be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and

(ii) primarily service the residents of the locality; and

(b) because of the locality's population or projected population, the locality is not likely to attract the establishment of licensed premises other than a detached bottle shop.

The regulation provides an example of a locality as 'a small rural community more than 10kms from the nearest premises from which takeaway liquor is sold to the public'.

Commissioner for Liquor and Gaming's interpretation of section 7(4)

For the purposes of section 7(4)(a)(i) and (ii) –

Suspended licences in the locality

It is acknowledged that on occasions there may be a suspended licensee in the locality of the proposed detached bottle shop who would ordinarily be authorised to sell liquor for off-premises consumption. In such cases the Commissioner may have regard to the reasons for, and length of, the suspension in determining whether or not there is an appropriately licensed premises within the locality.

For the purposes of section 7(4)(b) –

Issue of 'projected population'

Where there is a proposed development near the locality of the proposed detached bottle shop (for example, a residential subdivision), the Commissioner may have regard to the status (if any) of the development approval process in considering the locality's projected population.

This guideline should be read in conjunction with Guideline 37: Sale of liquor from premises that also sell petrol.

Issued 23 April 2014

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