Changing the Licensed Boundaries of a Restaurant

A licensee (or the owner of licensed premises) can make an application to the NSW Independent Liquor and Gaming Authority (ILGA) seeking approval to change the boundaries of their licensed premises (Change Boundaries Application).  It usually takes approximately 6 to 8 weeks for a Change Boundaries Application to be approved by the NSW Liquor and Gaming.

However, and where the applicant is operating an on-premises restaurant licence, and the applicant seeks to include an outdoor dining space in their licensed area, then this type of Application is taken to be provisionally approved at the time of its lodgement with the ILGA, in circumstances where:-

  • The Change Boundaries Application Form has been used,
  • The applicant declares the additional space is to be used for outdoor dining and the sale of liquor is with (or ancillary to) outdoor dining, and
  • The required planning approval for the use of the outdoor dining space is in force.

There are exceptions to the above and where a provisional approval does not apply.  For example where:-

  • An authorisation applies to the licensed restaurant, such as extended trading or primary service authorisation;
  • The licensed restaurant has, at any time in the previous 12 months, being a level 1 or level 2 licence within the meaning of Schedule 4 to the 2007 Liquor Act (Act), or
  • The licensee or manager of the licensed premises has, in the previous 12 months, committed a prescribed offence within the meaning of Part 9A of the Act.

Where the provisional approval applies, then it will remain in force until the Change Boundaries Application is otherwise determined by the ILGA or until it is revoked (whatever first occurs). 

During the provisional approval period the licensee can use the space as part of their licensed restaurant (subject to the conditions that apply to their licence or planning approval).    

Should you require any additional information concerning your licensing matter, then please do not hesitate to contact Back Schwartz Vaughan.

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