Liquor and Gaming Solutions
Tony Schwartz heads our Liquor and Gaming Department assisted by Brett Tobin, Therese Power and Luke Hammond. New liquor reforms (the 2007 Liquor Act and 2008 Liquor Regulation) took effect in NSW on 1 July 2008. The new reforms impact on existing and future liquor operators and the way business is conducted with the Casino, Liquor & Gaming Control Authority, the new administrative body replacing the former Licensing Court and Liquor Administration Board (the “Authority”).
A community impact statement, replacing the old social impact assessment requirements, is required to be lodged with the Authority in respect of the majority of liquor applications and is designed so that the Authority can consider the likely impact of an application and gauge the level of community support for an application. Past experience has shown that any legal adviser who does not have a detailed understanding and knowledge of the inner workings of the licensing laws and impacts to be considered in licensing applications cannot properly advise you and protect your interests and investment.
We specialise in the provision of liquor and gaming solutions and therefore there is no matter that we cannot assist you with. Our aim is to focus on the individual needs of every client and find practical and cost effective solutions to meet their requirements. Our team of professionals are highly trained, motivated and approachable and can provide comprehensive cost effective solutions to meet your needs.
Contact us today and let us know your current and future business needs and what you want to achieve and we will provide you with a cost effective solution. Please click on the below areas of interest to you, where we have provided a brief summary of matters that we can assist you with.
Community Impact Statements
A community impact statement (“CIS”) is required in the majority of applications to be made to the Authority. A CIS will gauge potential impacts of new hotels, clubs, bottle shops, restaurants and other licensed venues on local communities. Licensed venues seeking extended trading hours and certain changes to licensed areas will also be subject to this process. A CIS must be prepared before a liquor licence application is made. A CIS will summarise the results of consultation by applicants with local councils, police, health, Aboriginal representatives, community organisations and the public.
A properly prepared CIS will assist the Authority in considering the likely social impact of an application on the local community, gauge the level of community support for the proposal and assist the application’s success. Whilst the concept of a CIS accompanying licensing applications is new, the process of determining the likely social impact of licensing applications is not.
Back Schwartz Vaughan has extensive experience in this area, impressively representing the applicant or submitter in more social impact assessments under the old Legislation than any other legal adviser in NSW. As such, Back Schwartz Vaughan is keenly sought after by those in the industry to assist with their CIS requirements with expert advice offered in the most difficult, complicated and complex matters right through to the preparation and lodgement of a very basic CIS.
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On-Premises
Where it is proposed to sell liquor in a restaurant the most appropriate licence is an on-premises licence. This enables liquor to be sold with or ancillary to another product or service that is sold, supplied or provided to people on the premises. An on-premises licence can be used for a variety of purposes including accommodation, vessel trading, catering services or as a public entertainment venue (such as those premises previously known as nightclub licences). It can also be tailored to suit a multi-purpose business and it is even possible for liquor to be served to patrons without a meal in a restaurant which requires the approval of a primary service authorisation. We can assist you with:-
- Applications for the grant of an On-Premises licence
- Applications for a primary service authorisation
- Variation of trading hours applications
- Community Impact Statements
- Transfers of existing licences
- Redefinition of licensed areas
- Minors function authority (on-premises consumption with entertainment)
- Change of name applications
- Revocation/variation of conditions applicable to licences
- Complaint and disciplinary issues
- Smoking legislation
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Hotel Operators
Where it is proposed to sell liquor in a hotel, bar or tavern atmosphere the most appropriate licence is a hotel licence or a general bar hotel licence. A general bar licence is a limited type of hotel licence suited to venues that wish to operate a bar but do not want to operate gaming machines or offer takeaway liquor sales. A general bar licence will permit a venue to operate dining facilities, accommodation and public entertainment. We can assist you with:-
- Applications for the grant/removal of hotel licences
- Applications for the grant of a general bar hotel licence
- Variation of trading hour applications
- Community Impact Statements
- Transfer of licences
- Redefinition of licensed areas
- Minors areas
- Residents Bar
- Gaming advice in general
- Gaming room requirements
- Gaming machines and entitlements including approval to keep additional gaming machines
- Contracts for sale of gaming machine entitlements
- Sale of gaming machine entitlements generally
- Compliance issues with the NSW Office of Liquor Gaming and Racing and Authority
- Shutdown periods
- Breaches concerning the use, operation or advertising of gaming machines
- Function authorities
- Minors functions
- Revocation/variation of conditions of licences
- Objections to the grant/removal of other licences
- Gaming machine shutdown periods
- Change of name applications
- Temporary premises
- Complaint, noise, prosecution or disciplinary issues
- Smoking legislation
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Packaged Liquor Operators
Where it is proposed to sell liquor take away liquor through a bottleshop or via home delivery, mail order or the internet, the most appropriate licence is a packaged liquor licence. A packaged liquor licence permits the sale or supply of packaged liquor to the public for consumption off the premises however tastings may be conducted on the premises with or without charge. We can assist you with:-
- Applications for the grant/removal of packaged liquor licences
- Community Impact Statements
- Objections to grant/removal of other licences
- Temporary premises
- Variation of trading hours
- Redefine licensed areas
- Revocation/variation of conditions of licences
- Complaint and disciplinary issues
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Club Operators
The most appropriate licence for a registered club selling liquor to members and guests is a Club Licence. We can assist you with:-
- Applications for the grant of a Club Licence
- Community Impact Statements
- Applications for increase in membership
- Redefinition of club premises
- Non-restricted areas
- Club Functions
- Junior Members
- Amalgamations between registered clubs
- Change of secretary/manager
- Gaming advice in general
- Gaming room requirements
- Gaming machines and entitlements including approval to keep additional gaming machines
- Contracts for sale of gaming machine entitlements
- Sale of gaming machine entitlements generally
- Compliance issues with the NSW Office of Liquor Gaming and Racing and Authority
- Shutdown periods
- Breaches concerning the use, operation or advertising of gaming machines
- Issues with respect to sale/disposal of land
- Annual reports
- The keeping of registers
- Drafting and redrafting of Club constitutions
- Compliance issues
- Industrial relations issues
- Workers compensation and public liability
- The law of meetings and the passing of resolutions
- Keno operations and the Franchising Code of Conduct
- Expulsion and suspension of Members
- Complaint, prosecution and disciplinary actions
- Smoking legislation
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Producer/Wholesale Operators
A Producer/Wholesale Licence is appropriate where both takeaway sales of liquor and on-premises tastings are proposed. Producer/wholesaler licences apply to wine producers, brewers, distillers, and wholesalers. The licence allows wholesalers to sell to other liquor licensees. For wine producers, the licence also allows tastings (with a charge if desired), cellar door sales, direct sales to the public at wine shows and farmers' (producer) markets, and the operation of multiple premises in an area. Consumption on the premises as part of a restaurant, motel, vineyard event etc is permitted where a drink on-premises authorisation has been approved. For small scale regional brewers and distillers, the licence also allows tastings and retail sales in bottles at the licensed premises.
Limited Licences
Limited licences will allow liquor sales for consumption on the licensed premises at a function or multiple functions, a special event and a trade fair. Limited licences apply to sporting clubs and community functions. In these cases, they are limited to non-profit organisations. Limited licences also apply to significant regional and State events held by non-profit and for-profit organisations. In the case of trade fairs (such as wine or food shows), a limited licence can also allow take-away sales.
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Advice to others in the legal industry
In addition to providing advice to clients, we often provide specialist advice to legal practitioners on a variety of liquor licensing, CIS and gaming issues. Due to our reputation of providing liquor and gaming solutions in a timely and cost effective manner, other legal firms and practitioners who do not specialise in such matters regularly seek our advice. Let us help your practice avoid undue delay, expense and frustration and obtain the best possible outcome for your client.
Due Diligence
We also provide specialist advice to legal practitioners, financiers, developers and others regarding the acquisition of licensed premises, liquor licences and gaming entitlements. Such an issue is often overlooked when purchasing these types of assets however it is probably the most critical. If proper checks and searches are not carried out operational issues may arise which can lead to disappointment, frustration and loss of earnings such as, for example when a dispute arises over the ownership of gaming devices. Without proper due diligence checks and searches you cannot be guaranteed you are receiving value for money or purchasing the relevant authorisations to satisfy your business activities.
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Sale, Purchase Or Lease Of Licensed Premises
The sale, purchase or lease of any licensed premises raises a number of issues which must be carefully considered in the transaction so as to protect your interests and investment. These include:-
- Transfer of liquor licences
- Which party holds the gaming machine rights where there is a sale of a hotel?
- Special conditions which should be inserted into the contract for sale
- Is an option preferable?
- What is the value of the business and Licence?
- What are the compliance issues, if any?
- Does a mortgagee need to be taken into account and if so what consents are necessary?
- Impact of lease clauses
Complaint and Disciplinary Matters
We provide specialist legal advice and assistance in relation to complaint and disciplinary matters. Back Schwartz Vaughan has been involved in all major investigations, complaints and prosecutions instigated by the Police or Director of Liquor and Gaming in recent years.
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