Frequently Asked Questions - Liquor
Licensed Premises |
Responsible Service of Alcohol |
Patrons at licensed Premises |
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Click on one of the following links to view the answer to your question.
How do I find out if a liquor or
gaming application has been lodged?
How long does
it take for a licence to be granted?
Applying for a limited licence
What happens with my application after it is lodged?
Do I have to pay a
renewal fee to keep a licence?
Do I have to pay an annual liquor licence fee?
have to lodge a plan of the proposed licensed premises in a
alterations and redefinitions of licensed premises?
What is an extension of trading area?
Responsible Service of Alcohol
Does my licensed
premises need to be supervised by a responsible person?
Can a minor work in a
staff drink liquor while on duty?
I attend liquor training courses?
Service - What is acceptable advertising?
How can a person be
barred from a licensed premises?
Can adult persons
purchase lemon, lime and bitters for their children
at licensed premises?
should I do if a minor is supplied with an alcoholic
drink by an adult in the company of an adult?
customers allowed to take the unused portion of a bottle
of wine home from a restaurant?
there a standard corkage fee?
after closing time should patrons be off the premises?
How long after closing time may patrons continue to
within a dining area - I have a complaint to make.
How Do I Find Out if a Liquor or
Gaming Application has been Lodged?
Under the Liquor Licensing Act 1997 and the Gaming Machines Act 1992,
certain applications must be advertised to notify the public of the
intention to apply for, remove, transfer or vary a licence.
The applicant must place an advertisement detailing the
application in the ‘Public Notices’ section
of The Advertiser, a local paper (such as
‘The Messenger’), and the Government Gazette.
The applicant is also required to notify in writing at least 28 days before the hearing:
For Applications under the Liquor Licensing Act 1997 and the Gaming Machines Act 1992:
the local council in which the licensed premises is or will be situated; and
For Applications under the Liquor Licensing Act 1997:
the occupiers of land or premises adjacent to the licensed premises.
In addition, an A2 sized notice of the application must be posted in a
prominent position on the premises (if the application
relates to a new premises which has not yet been
constructed, then on the land) for the same period of time.
Click here to view a picture of the notice
If you are still unsure whether a liquor or gaming licence application has been lodged in your area you can
contact this office
for further assistance
How Long does it take for a Licence to be Granted?
Generally, an application for a new licence will take
around six weeks from the date of lodgement. This time period is based on the proviso that all documentation is provided and all application requirements
have been addressed.
Any outstanding documents must also be lodged with this office no later than
7 days prior to the application being heard (the hearing date) to prevent any delays
with the approval process.
if, the required documents are
not received by this office at least 7 days prior
to the hearing date then the matter may be
adjourned to a later date to give this office time
to examine the submitted documents
objection to the application is lodged then a
time is made for a
conciliation hearing between the applicant and the objector(s).
Intervention to the application is lodged by the Commissioner of Police or the local council then
a time is made for a conciliation hearing between
the applicant and the intervening party as directed.
Applying for a Limited Licence
Applications for a limited licence can be lodged online. Applicants will be advised during the lodgement process of any additional information required.
Applications must be lodged at least 14 days prior to the event. For large commercial or high risk events (ie festivals, multi-day events, etc), applications must be lodged 60 days prior to the commencement of the event.
An application fee is payable for each day of the event to which the licence applies.
However, no fee is payable for an application for a limited licence if the licence is granted for a function or functions that, in the opinion of the licensing authority, are to be held for charitable or other community purposes.
What Happens with my Application After it is Lodged?
The Application is Processed
The application once lodged is checked and recorded by this
Customer Services section, which process all documents
received and arranges the following:
date is set
a letter is sent to the applicant which includes:
notification of hearing, including details on place,
date and time,
details of outstanding documents required
no later than 7 days prior to the hearing date,
copy of the Form 1 notifying advertising
copy of the relevant practice direction relating to the lodgement of supporting documents.
The application is then sent to the application processing section to prepare for the hearing
All outstanding documents must be submitted at least 7 days
prior to the set hearing date to ensure that the date set
is not adjourned.
How Long Does an Application Take to be Granted?
An application that is required to be advertised usually
takes about six weeks from lodgement to determine, but it
may take longer if an objection has been lodged.
Do I Have to Pay a Renewal Fee to Keep a Liquor Licence?
No, the application fee under the Liquor Licensing Act
1997 is a one-off processing fee required at the time of the
A continuous licensing system operates which means that you do
not have to periodically renew your licence, however liquor
licensees may be required to pay an
annual licence fee
Do I have to pay an annual liquor licence fee?
Holders of liquor licences (other than limited licences) may be
required to pay an
annual licence fee
in accordance with the Liquor Licensing (General) Regulations 2012.
Invoices will be issued each year in March and are payable by 30 June.
A licence fee for a limited licence (in addition to the application fee) is payable on the grant of the licence for large commercial or high risk events which meet the following criteriaâ€”
- authorises the sale or supply of liquor past 1am, the licensed premises are outdoors and the licence states the maximum capacity of the licensed premises is more than 300 people; or
- contemplates boxing, wrestling or other entertainment that, in the opinion of the licensing authority, should be regarded as adult entertainment being provided on the licensed premises during the whole or part of the hours that the licence authorises the sale or supply of liquor; or
- authorises the sale or supply of liquor is past 1am and the maximum capacity of the licensed premises multiplied by the number of days for the event is more than 1 000 people; or
- the maximum capacity of the licensed premises multiplied by the number of days for the event is more than 5 000 people; or
- as determined by the Commissioner based on the nature of the event or the resources required for the administration or enforcement of the
Liquor Licensing Act 1997.
An invoice will be issued to the licensee after the grant of the limited licence advising the amount due, date payable and the available payment methods (including the online facility).
The fee must be paid before the commencement of the event, or the licence will be cancelled.
A licence fee is not required for a limited licence if â€”
- no fee was payable for the application of the licence; or
- the licence was granted to the holder of an existing liquor licence.
Do I have to Lodge a Plan of the Proposed Licenced Premises Being Licensed in a Specific Format?
The following illustration is an example of how a plan
must look when lodging with this office. Specific colours
are used to designate nominated areas (see below for
Licensed area(s) - must be outlined in RED.
Designated dining area(s) - must be outlined in GREEN.
Designated reception area(s) - must be outlined in BROWN.
Gaming area(s) - must be outlined in PURPLE.
Sampling area(s) - must be outlined in YELLOW.
Entertainment area(s) - must be outlined in BLUE.
Extended trading area(s) - must be outlined in PINK.
Out of bounds to minors - must be outlined in ORANGE.
Minors permitted after midnight - must be outlined in a BROKEN ORANGE line.
Please Note - plans must be to scale and drawn on at least A3 size paper.
What are Alterations and Redefinitions of Licensed Premises?
Alterations to licensed premises means that any changes
to existing premises, no matter how small, structural
or non-structural requires approval from the Liquor and
Building work of a non-structural nature e.g. extending
or shortening a liquor servery may not require council
approval but still needs the approval from this Office.
Building work of a structural nature e.g. removing
walls may require development approval from the local
council or the relevant authority.
Alterations to a licensed premises, that effect areas
such asÂ Entertainment, Extended Trading Authorisation
etc. may require advertising which would be decided by
the Commissioner.Â Â
Alterations may also effect the capacities set for each
area either by increasing or decreasing the amount of
space available. If this happens then the capacities
fixed for those areas may need to be reviewed.Â
Capacities are calculated in accordance with the
Building Code of Australia.
For further information on Alterations
contact this office
Redefinition of a licensed premises occurs when the
licensed boundary alters by either increasing the
proposed licensed area or removing part of the licensed
Redefinition often follows alterations to the premises,
for example where a new room is built on, or existing
walls are taken out.Â The licensed area is redefined to
include the new areas or to delete existing areas.Â The
address of the premises remains the same.Â
Generally any change to a licensed premises will need an
approval.Â The approval process takes into account
licensed capacities, emergency access, patron comfort and
the impact of the changes to the surrounding area.Â
If you are uncertain whether approval is necessary please
contact the Office of the Liquor and Gambling
Commissioner to discuss your proposal.Â It is an offence
to alter a premises without approval under Section 68(3)
of the Liquor Licensing Act, 1997.
Applications for Alterations or Redefinitions must be
made by the licensee and in the case of licensed clubs,
the minutes of the club meeting approving the application
for the proposed alterations or redefinition is also
Detailed plans are required to clearly show the intended
changes. See Submitting a
Plan for further assistance.Â
Applicants are encouraged to consult with their local
council about all changes to building structure or its
use.Â Once obtained, a copy of the necessary approvals
should be included with the application.Â If it is
established that no approvals are required it is also
helpful to obtain such advice in writing and include a
copy with your application.
How to apply for Alterations or Redefinition
What is an Extension of Trading Area?
A licensee may apply to the licensing authority for
approval to sell liquor in an area adjacent to the
licensed premises, for consumption in that
area where for some reason the area does not form part
of a lease or freehold holding and therefore, redefinition
at the licensed area is not appropriate.Â
This provision allows the licensing authority to extend
the licensed area of a premises to include outdoor areas
such as footpaths or parts of shopping malls. An
area approved under an extension of trading area then
forms part of the licensed premises and is subject to
the same conditions of the licence and possibly will also incur other
specific conditions of approval relevant only to the adjacent
Before approving an extension of trading area the licensing authority must be satisfied that:
the object of the application could not be more
appropriately achieved by redefinition;
the licensee is entitled to sell or supply liquor
in the area and the correct consents are obtained;
the area can be adequately defined and supervised;
the owner of the premises/shopping centre consents
to the application (if not owned by the licensee)
if the area is under control of council, the
council approves the application.
Do Licensed Premises need to be Supervised by a
Under the Liquor Licensing Act 1997, all licensed premises
(except those where an exemption under section 97 (2)
of the Act has been given,) must at all times when open to the public, be personally
supervised and managed by an approved responsible person.
Supervision and Management
Can a Minor Work in Licensed Premises?
A minor may be employed on licensed premises to carry
out tasks such as clearing tables or general cleaning duties,
but may not be employed to sell, supply or serve liquor
on the licensed premises.
However, a minor may be employed to sell, supply or serve liquor
on the licensed premises if he or
she is a child of the licensee or of an approved responsible
person and he or she is aged 16 years of age or more, and
has been approved by the licensing authority.
In the case where the minor is a child of the licensee or of an approved responsible
person, aged 16 years of age or older and is a resident at the
premises, then approval by the licensing authority is not required.
However, if the licensed premises also has a gaming machine licence,
the minor is not allowed to enter the gaming area(s) of the licensed premises.
For further information on this please contact this Office's Customer Service Section
Can Staff Consume Liquor while on Duty?
Under Section 21(1)(d) of the Occupational Health
Safety and Welfare Act 1986 (SA), a worker must not, due to the
consumption of alcohol or a drug, endanger their own or anyone else's
safety at work.
Employers must provide a safe work environment and safe systems of
work, which includes alcohol and drug rules for the workplace.
The Occupational Health Safety and Welfare Act 1986 (SA) also outlines
the employers responsibilites. Section 19(1) of the Act states:
Breaches of these sections by either the employee or employer can
result in fines being imposed by the relevant authority (these fines
are imposed by The Office for the Commissioner for Public Employment).Â
In addition, public liability and criminal law proceedings may be
applicable, resulting in the payment of compensation and/or a
Code of Practice
The Code of Practice under the Liquor Licensing Act 1997
requires a licensee to establish and maintain harm minimisation
practices one of which is to discourage the consumption of liquor
by staff while carrying out duties at licensed premises.
Because not complying with the Code of Practice is a breach of
a licence condition, a licensee allowing staff to consume
alcohol while on duty could be breaching the Act.
Where can I Attend Training for Courses I have to
Complete as a Responsible Person or Licensee under the
Liquor Licensing Act?
Registered Training Organisations
Responsible Service - What is Acceptable Advertising?
A licensee who displays or publishes advertisements for
liquor or otherwise promotes liquor must establish and maintain
appropriate practices to promote a responsible attitude in
relation to such advertisements or promotions.
In particular, a licensee must not display or publish an
advertisement for liquor or promote liquor in a way that:
tends to encourage minors to consume liquor; or
tends to encourage rapid or excessive consumption of alcohol.
How can a Person be Barred from a Licensed Premises?
A licensee or an approved responsible person of a licensed premises may, by order served on a
person, bar the person from entering or remaining on the
licensed premises (including areas adjacent to licensed
premises which are under the control of the licensee) for
a specified period.
A person can be barred:
if the person commits an offence, or behaves in an
offensive or disorderly manner, on, or in an area
adjacent to, the licensed premises;
if licensee or an approved responsible person is satisfied that the welfare of the
person, or the welfare of a person residing with
the person, is seriously at risk as a result of the
consumption of alcohol by the person;
on any other reasonable ground.
A person who enters or remains on premises from which he
or she is barred is guilty of an offence.
A licensee or an approved responsible person of licensed
premises, or an employee of the licensee who allows a
person to enter or remain on premises from which he or
she is barred is also guilty of an offence.Â Â
A barred person may be prevented from entering the premises or may
be removed from the premises by the licensee, an approved
responsible person, agent or employee of the licensee or
a police officer using such force as is reasonably
necessary for the purpose.
Barring periods may range from:
First time Barred -
for a period of up to three months; or
Second time Barred -
for a period of up to six months; or
Third time Barred -
In addition a licensee can bar a person indefinitely (or
for a specified period) if they believe that the welfare of a
person or the welfare of a person residing with that person, is
seriously at risk as the result of the consumption of alcohol
on the licensed premises.
Appeals to the Commissioner to Review a Barring Order
A person who has been served with a barring order for a period in excess of
one month may apply to the Liquor and Gambling Commissioner
for a review of that barring. At the review the Commissioner may
confirm, vary or revoke the barring.
Revocation of a Barring Order
A licensee or the approved responsible person of the licensed
premises may, by subsequent order served on a person,
revoke an order.
Can Adults Purchase Lemon, Lime, and Bitters for
In its traditional form, only a couple of drops of
bitters would be used in the drink, the resultant beverage not
containing a sufficient level of alcohol to constitute
‘liquor’ within the meaning of the Liquor
Licensing Act 1997.
Under the Liquor Licensing Act 1997, Liquor means:
A beverage which at 20 degrees Celsius contains more than
1.15% alcohol by volume and includes any substance declared
by regulation to be liquor for the purposes of the Act.
However, should the traditional amount of bitters be exceeded,
the beverage could well fall into the 'liquor' category.
Consultation with bar-persons to ensure traditional mixture is
used is recommended prior to purchasing a lemon, lime and
bitters drink for a child
What Should I do if a Minor is Supplied with an Alcoholic
Drink by an Adult on a licensed premises?
As the licensee or the responsible person on duty, you are
responsible for the supply of liquor on your licensed premises and
must ensure that minors are not supplied with liquor by your staff or
A person supplying a minor with liquor on a licensed premises, even
an accompanying adult, is guilty of an offence, as is the licensee
Code of Practice - Practices relating to minors
Are Customers Allowed to Take the Unused Portion of a
Bottle of Wine Home From a Restaurant?
Patrons who BYO or purchase wine on a licensed premises are allowed to take any
unconsumed portion away with them in its original container. This means that
patrons will not have to leave behind wine that they have brought or paid for and allows
patrons who would rather finish the bottle at a later time to be able to
Is there a Standard Corkage Fee?
No. This is at the discretion of the licensee.
How Long After Closing Time Should Patrons Be Off The
Premises? How Long After Closing Time May Patrons
Continue To Purchase Drinks?
A licensee cannot sell or supply liquor to patrons
outside of authorised trading hours. However, a patron
who purchases liquor during authorised trading hours has
15 minutes afterwards to consume that liquor.
“Carry-off” liquor must be removed within 30
minutes after authorised trading hours have ceased.
Patrons may consume liquor on the premises in a
designated dining area with or ancillary to a genuine
meal or when attending a reception in a designated
reception area at any time subject to any specific
licence conditions restricting trading hours under these
Specific rules apply to lodgers, resident licensees, and
responsible persons and their families and guests and to
non-resident licensees and employees. Please
contact this office or your industry association if
you have any enquiries.
Security Guards - What are the Responsibilities of Security Guards at Licensed Premises?
For enquiries or complaints about Security Guards/ Agents please contact: 131882
Smoke-free Enclosed Public Places
On 6 December 2004, changes to non-smoking laws came into effect under the Tobacco Products Regulation Act 1997.
These changes have included an increase of smoke-free areas in all licensed premises in the lead up to a complete
ban on smoking in all enclosed licensed premises from 31st October 2007.
The following restrictions in licensed hospitality venues (pubs, clubs and the SKYCITY Casino) apply from the
From 6 December 2004:
No smoking one metre from all hospitality service bars/counters.
Venues with two or more bar rooms must have one bar room designated as non-smoking.
Venues with one bar room must have at least 50% of their bar room floor space designated as non-smoking.
At least 25% of all gaming machines are to be designated as non-smoking.
Half of the SKYCITY Casino bar rooms are to be designated as non-smoking.
From 31 March 2005:
Only one tobacco vending machine is permitted per liquor licensed premises.
Tobacco vending machines will be restricted to liquor licensed premises. Licensees must restrict their
tobacco vending machine to their gaming area or ensure it is operated with employee assistance.
From 31 October 2005:
At least 50% of gaming machines are to be designated as non-smoking.
From 31 October 2007:
All enclosed areas in pubs, clubs and at the SKYCITY Casino, will be completely smoke-free.
This will complete the State Governments' initiative to make all enclosed workplaces in South Australia smoke-free.
For more information, please contact the Department of Health:
Phone: 1300 363 703 (within SA) or 8226 7142