Guideline 46: Demonstrated community need for pre-10am trading
Liquor Act 1992 - Section 86
All liquor licence types, apart from community other licences, can apply for some form of pre-10am trading.
The requirements for demonstrated community need outlined below do not apply to community club licences, which relate to golf or bowls clubs.
On application by a community club licence for permanent approved trading hours of 7am-9am, the applicant must satisfy the Commissioner for Liquor and Gaming the 'demonstrated community need' has been met and the proposed hours are necessary to meet the requirements of the community.
- The Commissioner will consider issues such as:
- the membership that the premises services
- whether the sport conducted by the club will be in operation during the extended hours of 7am-9am
- details of the number of shift workers who are members of the club
- the location of the premises in relation to the services to be provided during the extended hours of 7am-9am
- whether the proposed activities will specifically meet the needs of members and are related to the principal activity of the club.
Note: If community club licences can demonstrate a community need for 7am-9am trading, this is taken to also have proven the need for 9am-10am trading. For community clubs it is intended both periods can be applied for in the same application, for 1 fee.
Golf and bowls clubs approved to trade during the hours of 7am-9am are expected to conduct their designated sports while open for general trade.
All licences except community other licences
- On application by a relevant licensee for permanent approved trading hours of 9am-10am, the applicant must satisfy the Commissioner the 'demonstrated need' has been met and the proposed hours are necessary to meet the requirements of the locality. Extended trading approvals for conducting trade from 9am-10am will be the exception rather than the rule. The Commissioner will consider issues such as:
- the details of the locality that the premises services
- the presence of other premises within the locality that provide similar services
- the principal activity of the premises and whether the services to be offered during the extended hours are appropriate to be provided prior to 10am
- the reasonable requirements of the residents and visitors to the locality
- whether there is a population of shift workers in the locality who may reasonably require the extended hours.
For a premises with approved pre-10am trading hours prior to 1 January 2009, the Commissioner may consider that the process undertaken to obtain their current trading hours, including the submission of a public interest assessment, may be considered sufficient demonstration of need. All pre-10am trading hours approved prior to 1 January 2009 lapsed on that date.
Re-issued 24 January 2013
(Issued 22 May 2009)
- Last reviewed: 11 Apr 2016
- Last updated: 09 Jun 2016