The role of local government
A local government's town planning scheme serves as the
most important tool in shaping a community's liquor environment outside
of the Liquor Control Act.
In essence, the department supports local government authorities shape
the way liquor is sold and supplied in their communities.
application for a liquor licence can't be approved by the department if
local government planning approval has not been granted.
accordance with sections 39 and 40 of the Act, an applicant for a
licence is required to submit local government certificates
demonstrating compliance with:
- the Health Act;
- the Local Government Act;
- the Local Government (Miscellaneous Provisions ) Act;
- any other written law relating to sewerage and drainage; and
- specific town planning scheme matters.
Section 39 and 40 certificates apply to:
- the granting or removal of a licence;
- the altering or redefinition of a venue;
- an application for an alfresco area; and
- applications for 'liquor without a meal' permits.
licensing authority has the discretion to waive the requirement for a
local government certificates to accompany an application during the
However, an applicant would still have to
obtain the relevant approvals from the local government authority prior
to proceeding with any development and the applicant is still bound by
local government authority health and planning requirements.
is for these reasons and for consistency across government, that the
licensing authority does not exercise its discretion to waive the
Local government's make the first determination in
the usage of land, such as alfresco areas and footpaths, for licensed
All local government bodies assist the department uphold the Liquor Control Act when required,
and inform the department when a licensee is prosecuted and convicted of
breaching local government regulations.