Guideline 35: Licensed areas

Liquor Act 1992 - Sections 58 and 154

The Liquor Act does not contemplate the licensing of separate or detached premises under 1 licence with the exception of detached bottle shops which are specifically provided for under Section 60(1)(d).

In considering whether to grant an application for a licence under the Act or an application to change the licensed area, which includes detached buildings or land, the Commissioner for Liquor and Gaming must ensure that the licensed premises are able to be appropriately defined and form one premises.

Factors considered by the Commissioner in determining a premises include:

  1. whether the parcels of land involved are contiguous or adjacent, or close to each other
  2. where there is an identifiable connection between the several components of the premises usually of a physical or visual type
  3. separate components have some physical or functional unity or integrity
  4. the components appear to constitute 1 place of business and give an appearance of oneness.

Examples of a premises can include:

  • parts of a licensed premises, such as the main premises and liquor barn or bottle shop, or accommodation blocks that may be separated by private easements, car parks, access ways or roadways where it is impractical or impossible to include those areas on the licensed area
  • a resort-style facility where multiple accommodation blocks are located on the different parcels of land, forming 1 complex under the complete control of the licensee
  • special facilities and tourist attractions, such as Southbank, where liquor and non-liquor related businesses within a defined area of land collectively form the primary purpose for the licence
  • a half-way house on a golf course.

An exception to this general rule of contiguity is made in relation to producer/wholesaler licences, which by virtue of their wholesaling nature, require an office and a warehouse. These 2 facilities that must form the licensed area may be non-contiguous.

Also consider...