10 December 2012
Under the new Liquor Act, a retail liquor licence which enables the sale of liquor to the public is called a "Packaged Liquor Licence".
The process for obtaining this type of licence is much simpler, faster and considerably less expensive than was the case under the former Act.
There are two classes of packaged liquor licence being:
1) an unrestricted licence (such as for a liquor store/bottle shop)
2) a licence which restricts the sale of liquor to only by way of taking orders over the internet or telephone or by mail order of facsimile.
In respect of the second class of licence, customers are not permitted to attend at the licensed premises (ie sales are made over the internet, telephone etc from the licensed premises and the liquor is then delivered to the customer).
We have received numerous enquiries in respect of this type of licence and since the introduction of the new Liquor Act we have obtained a number of such licences for clients - more than any other firm in NSW. Our clients range from two of the largest online retail companies in Australia, through to smaller operators conducting their business from an office in their home. Almost all of the applications received to date have related to internet operations.
The process for obtaining this type of licence comprises two steps.
The first step involves the preparation of a Category A Community Impact Statement (CIS) which requires the service of notice on certain stakeholders who have a 30 day period to raise concerns.
In the second stage, the completed CIS together with the application for the licence are filed with the Liquor Authority. Notice is required to be served on the stakeholders again, including those occupying the surrounds of the proposed licensed premises. Any person then has 30 days to file submissions with the Authority contesting the application.
The Authority will eventually review the application, and if any submissions have been received these must be responded to before the application is determined.
A licensed premises must be nominated and must be the premises where the sales will take place. It is often the case that the licensed premises will only comprise a commercial office or a home office.
The liquor does not need to be stored at the licensed premises - it may be stored elsewhere and then delivered directly to the purchaser.
Although the process for obtaining such a licence under the new Liquor Act is much simpler, cheaper and quicker, there are a number of matters that need to be taken into consideration before applying for this type of licence.
If you are interested in applying for this type of licence please call us for your obligation free quote and to discuss whether you will meet the requirements of such a licence. The first consultation is free.