Liquor and Gaming Solutions
Tony Schwartz heads our Liquor Licence and Gaming Department assisted by Brett Tobin, Therese Power and Luke Hammond. Reforms to the liquor licensing laws (through the 2007 Liquor Act and 2008 Liquor Regulation) took effect in NSW on 1 July 2008. These reforms impact existing and future liquor license operators and the way business is conducted with the Casino, Liquor & Gaming Control Authority (the “Authority”), the new administrative body replacing the former Licensing Court and Liquor Administration Board.
A community impact statement, replacing the old social impact assessment test, is required to be lodged with the Authority in the majority of liquor licence applications and licence related authorisations and is designed so that the Authority can consider the likely impact and gauge the level of community support for an application. Experience has shown engaging a legal adviser, who has a detailed understanding and knowledge of the inner workings of the liquor licensing laws and the impacts to be considered in liquor licence applications or licence related authorisations, is a distinct advantage to applicants as the process is completed more quickly and less expensively, compared with someone who does not have the equivalent experience or expert knowledge.
We specialise in the provision of liquor licence 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 with your liquor license 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 conjunction with the majority of applications made to the Casino, Liquor & Gaming Control Authority (the “Authority”) for a liquor license. A CIS gauges the potential impact of the grant or removal of a hotel, club, packaged liquor licence, or on-premises licence (public entertainment venue) on the local community or broader community. A CIS is required to be undertaken for licence related authorisations, such as extended trading hours or primary service authorisations, where liquor can be served to customers other than with a meal at a restaurant.
The CIS is prepared before a liquor licence application or licence related authorisation is made to the Authority. The liquor licence application and/or licence related authorisation and CIS are lodged together and are considered concurrently by the Authority.
Back Schwartz Vaughan has extensive experience in this area and as such is keenly sought after to assist with liquor licence applications, licence related authorisations and CIS requirements, with expert advice offered in the most difficult, complicated and complex matters right through to a simple and straight forward application.
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On-Premises License Operators
Where it is proposed to sell liquor in a restaurant the most appropriate liquor license is an on-premises licence. An on-premises licence 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). An on-premises licence (restaurant) is no longer the subject of the community impact process, however if an applicant seeks a licence related authorisation, such as an extended trading authorisation or primary service authorisation endorsed on the liquor license, a CIS is required to be undertaken. We can assist you with:-
- Applications for the grant of an on-premises licence
- Applications for a primary service authorisation
- Applications to change the 6-hour closure period applying to licences
- Extended trading authorisations
- Completion of a Community Impact Statement
- Transfers of existing licenses
- Redefinition of licensed areas
- Minors function authority (on-premises consumption with entertainment)
- Change of name applications
- Revocation/variation of conditions applicable to licences
- Complaint, noise 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 liquor license 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
- Applications to change the 6-hour closure period applying to licences
- Extended trading authorisations
- Completion of a Community Impact Statement
- 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 and/or poker machine permits
- Sale of gaming machine entitlements generally
- Agreements for lease or sale of a hotel licensed premises
- Lease disputes
- 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
Packaged Liquor Licence Operators
Where it is proposed to sell take away liquor through either a bottleshop or through a home delivery, mail order or the internet, the most appropriate liquor license is a packaged liquor licence. A packaged liquor licence permits the sale or supply of packaged liquor to the public for consumption off the licensed premises. Tastings are permitted to be conducted on the licensed premises with or without charge. We can assist you with:-
- Applications for the grant/removal of packaged liquor licences
- Applications for the grant/removal of packaged liquor licences restricted to internet sales only
- Completion of a Community Impact Statement
- Applications to change the 6-hour closure period applying to licences
- Extended trading authorisations
- Objections to grant/removal of other licences
- Advice in relation to auctions and internet sales and compliance issues
- Temporary premises
- Applications to vary the licensed boundaries of a premises
- Revocation/variation of conditions of licences
- Agreements for lease or sale of the licensed premises
- Lease disputes
- Complaint and disciplinary issues
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Club Operators
The most appropriate liquor license 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
- The completion of a Community Impact Statement
- Applications to change the 6-hour closure period of licences
- 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 machines and entitlements including approval to keep additional gaming machines
- Advice and contracts for sale of gaming machine entitlements
- 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
- Constitutional advice
- Agreements relating to sub-contractors
- 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
Producer/wholesaler licences apply to wine producers, brewers, distillers, and wholesalers. The liquor license allows wholesalers to sell to other liquor licensees. For wine producers, the liquor license 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 Licence Operators
A limited licence allows the sale of liquor for consumption on designated licensed premises at a function or multiple functions. Limited liquor licenses allow liquor sales for consumption on the licensed premises at a function or multiple functions, a special event and a trade fair. Limited liquor licenses apply to sporting clubs that are non-profit organisation and community organisations, such as Councils or public authorities. 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 licence 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 licenses and gaming entitlements. Such issues are 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 licenses
- Determining which party holds the gaming machine rights where there is a sale of a hotel
- Special conditions relevant to contracts for sale
- Options
- The value of the business and liquor license
- Compliance issues
- Whether a mortgagee needs to be taken into account and if so what consents are necessary
- Impact of lease clauses
Complaint, Noise and Disciplinary Matters
We provide specialist legal advice and assistance in relation to complaint, noise and disciplinary matters. Back Schwartz Vaughan has been involved in all types of major investigations, complaints and prosecutions instigated by the Police or Director of Liquor and Gaming in recent years.
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