As you collect evidence to support your liquor licence submission you will be building a profile of your community. LDATs can create local community profiles in advance, so they are ready to respond to potentially problematic licence applications as they arise. Being proactive and collecting evidence early is recommended so communities can make strong submissions, particularly when timeframes for community participation are short. Show
It is important to draw on expert opinion and research to support your liquor licence submission. You may wish to divide responsibility for collecting evidence with your partners. Some partners may be well placed to collect certain types of data. Local data on the following areas can be useful as they are relevant to submissions under the Liquor Act 2007:
Additional data to help build a community profile and support your liquor licence submission is outlined below. Liquor outlet densityLiquor outlet density data provides information on:
A liquor licence premises list is available from L&G NSW for a fee. If your community already has a high density of liquor outlets, especially in comparison to other LGAs, it will support your argument that adding another will increase harms from alcohol. If your liquor outlet density has increased rapidly, you can argue that there has been an introduction of many new outlets and the impact of the outlets on the community needs to be determined before introducing another. Trading hoursA liquor licence permits alcohol sales during certain hours. Ordinary trading hours are Monday – Saturday 5am – midnight and Sunday 10am – 10pm. Some days are a special case for hours of sale, such as Anzac Day and Christmas Day. Licence applicants can apply to the Independent Liquor and Gaming Authority for extended trading hours. A trading hour exemption list is available from L&G NSW for a fee. If your community has many late-trading venues, adding another — either by extending the hours of a current venue, or licensing a new venue — could increase harms. If your community does not have many late-trading venues, you may still be concerned about noise, litter, drink-driving, intoxicated behaviour, and violence that can be associated with late trading. Community profiles and dataThere are a number of existing sources of information that can inform your community profile. Your local council should have a profile of your area, which they may share with you. The ABS has also put together community profiles that include data such as educational attainment and population demographics. You can download a community profile3 for your LGA and postal area from the ABS website.Harms from alcohol vary between communities for many complex and interconnected reasons. Communities can be at increased risk of harms if they have a low educational attainment, limited employment opportunities, and lower relative socio-economic status.4 Rates of violenceRates of alcohol-related violence include assaults and family violence. Ideally these rates would be compared over time and between areas. Your local police or council may have data on the rates of alcohol-related violence. The NSW Justice Department’s Bureau of Crime Statistics and Research (BOCSAR) crime mapping tool allows you to view crime data for your LGA.5 This map can be tailored to track only alcohol-related crime data, such as assaults and domestic violence. You may find the video explaining how to use BOCSAR helpful. 6 If your community has over 3,000 residents you can also rank your LGA for specific offence types, such as alcohol-related domestic violence.7 If your community is experiencing high rates of alcohol-related violence this is an important point to raise in your submission. The BOCSAR data makes explicit the amount of crime that is alcohol-related. However, caution should be taken in relying too heavily on ‘alcohol-related’ crimes, as this is dependent on the accuracy of police reports in recording this information. If it is available, crimes such as assault and family violence tend to be under-reported. Health outcomesData on alcohol-attributable hospitalisations and deaths in your LGA may be helpful to your submission. Consider approaching your local health care providers, such as hospitals, to find out if they collect data you can incorporate. You could also consider the Australian Institute of Health and Welfare’s (AIHW) data on alcohol harms, including health outcomes.8 The AIHW’s report on the impact of alcohol on Australia’s burden of disease and injury may also be relevant.9 You may also consider approaching treatment services that help people address their alcohol dependency.Current rates of alcohol-attributable health issues in your community may be taken into consideration when the licence is being decided. It can support the argument that increasing the availability of alcohol, either by increasing liquor outlet density or by extending venue trading hours, may increase the existing burden of alcohol-attributable health issues. Property damageProperty damage refers to both public property (such as stolen or damaged street signs, or damaged nature strips) and private property (such as broken shopfront windows). Your local council, police, local business association, or residents in the entertainment precinct may be able to provide this data. It may also be useful to ask local businesses in the entertainment precinct/other areas with a high concentration of liquor outlets what levels of damage and litter they must deal with after a Friday or Saturday night (e.g. vomit, smashed windows, noise, disruption etc.).The Liquor Act 2007 requires consideration of whether granting a licence will negatively impact the community. An increase to local property damage and decrease to the overall amenity of the area are considered negative impacts. If there are already high rates of property damage, or an overall decrease in amenity due to liquor outlets and their patrons’ behaviour, you can argue on those grounds that granting or extending licences will increase these problems.
TRADING HOURS: Unrestricted Independent retail shops(ie small shops with partial or total exemptions from trading hours regulation) Independent retail shops are defined at Section 6 of the Act. They may sell any type of good. There are a number of criteria for a shop to be classified as an independent retail shop but the most commonly relied on criteria is that such shops are run by a single operator or a proprietary company and where no more than 20 persons are engaged in the shop at any one time or, where a number of shops are operated, a maximum of 60 persons throughout the State are engaged. Additionally, the business for which the shop if maintained must be wholly owned by a person, or by persons in partnership, or by a proprietary company, that is not a related body corporate. TRADING HOURS: Unrestricted, except for closure on 25 December (Christmas Day) and Good Friday and until 1:00pm on 25 April (ANZAC Day). Independent retail shops that are predominantly food and/or grocery shops are totally unrestricted. Non-exempt stores(ie large retail shops subject to trading hours restrictions) Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores. The trading hours for non-exempt shops are decided by the QIRC. The QIRC is not permitted to decide trading hours that are less than those in the Trading Hours Act as follows:
No hours are prescribed for public holidays or for Sundays, making them closed days. The hours prescribed in the Act are the trading hours for non-exempt shops throughout Queensland unless that QIRC has decided in an order to allow longer hours. For the South-East Queensland area, the Trading Hours Act also prescribes additional allowable trading hours of 9am to 6pm on Sundays and most public holidays (ie Good Friday, Easter Sunday, Anzac Day, Labour Day and Christmas Day are closed days). Extended trading hours have been established by QIRC order in most of the major population and tourist areas of the state, allowing trading on seven days per week including most public holidays. Commonly the hours allowed in these seven day trade areas are:
The QIRC has made other order for specific classes of non-exempt shops. For example:
QIRC orders can also permit special displays or exhibitions to be conducted outside the hours that shops selling those goods would normally be permitted to trade (eg on a Sunday, public holiday or late night). The QIRC also makes orders permitting extended trading hours in the 4 weeks prior to Christmas each year. Previous NRA outcomes on Queensland trading hoursQIRC Decisions allowing Sunday/Public Holiday and other extensions of trading hours for Non-Exempt shops in specified areas.
Trading hours restrictions in South Australia vary depending on the type of shop and the location of the shop. Follow these steps to work out what kind of shop you have, and when you can trade:
Trading hour legislationTrading hours for retailers in South Australian shopping districts are regulated by the Shop Trading Hours Act 1977 and Shop Trading Hours Regulations 2018. Shop Trading Hours Act 1977 > SA Shop Trading Hours Regulation 2018 > SafeWork SA – Advice on shop trading arrangements > Public holidaysPublic and bank holidays in South Australia are prescribed by the Holidays Act 1910. See all SA Public Holidays > SA classificationsExempt stores(ie shops exempted from trading hours regulation) Shops outside the Greater Adelaide Shopping District (Central Business Tourist District, the Metropolitan Shopping District, and the Glenelg Tourist Precinct) and also outside the 35 Proclaimed Shopping Districts (country areas) are exempt and can trade when they choose, including on all public holidays. Other shops are exempt by virtue of the type of goods they sell or because they are smaller than a certain size. These shops can also trade when they choose, including on all public holidays. The list of exempt shops includes:
Special trading exemptions may be granted or declared on a temporary basis either on the initiative of the Treasurer or by applying to the Treasurer’s office. Independent ‘small’ retail shops(ie small shops with partial or total exemptions from trading hours regulation) There is no specific category of small shop in South Australia, but the definition of exempt shop (unrestricted trading) includes businesses that meet the following criteria:
Non-exempt stores(ie large retail shops subject to trading hours restrictions) South Australia regulates large shop trading hours in the Greater Adelaide Shopping District (CBD Tourist Precinct, Metropolitan Shopping District and Glenelg Tourist Precinct) and in 35 Proclaimed Shopping Districts in country area. All shops outside those area are exempt and can trade when they choose, including on all public holidays. Non-exempt shops in the CBD Tourist Precinct can trade:
Non-exempt shops in the Metropolitan Shopping District and the Glenelg Tourist Precinct can trade:
Non-exempt shops in a Proclaimed Shopping District can trade:
If your shop solely or predominantly sells boats and/or motor vehicles in the Greater Adelaide Shopping District or a Proclaimed Shopping District you can trade:
If your shop sells hardware and building materials, furniture, floor coverings or motor vehicle parts and accessories in the Greater Adelaide Shopping District or a Proclaimed Shopping District, and has more than 200m² of retail floor area, you can trade:
Shops selling caravans are listed as one of the list of shops exempted from trading hours regulations. The Minister may grant or declare special trading exemptions from the operation of the Act. If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.
Trading hours restrictions in Tasmania vary depending on the type of shop and the location of the shop. Follow these steps to work out what kind of shop you have, and when you can trade:
If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification. Trading hour legislationTAS Shop Trading Hours Act 1984 > Public holidaysSee all TAS Public Holidays > TAS classificationsExempt stores(ie shops exempted from trading hours regulation) The trading hours of certain retail shops are exempted from regulation by the legislation including shops at sports events, agricultural shows, fetes, bazaars, markets or trade exhibitions, car yards and shops selling motor vehicle spare parts, shops at which property auctions are conducted, shops at which liquor is the principal class of goods sold, shops that sell cooked food (eat-in or take-away), service stations and hairdressing shops. Additional exemptions apply on ANZAC Day for:
It is an offence to require an employee to work on ANZAC Day (or any other public holiday) without the employee’s written agreement. Independent ‘small’ retail shops(ie small shops with partial or total exemptions from trading hours regulation) There is no category of small shop in Tasmania. It should be noted that there is an exemption from closure on Anzac Day for a shop that is not part of a shopping centre, plaza or mall and the number of persons engaged at the shop does not exceed 10. Further, shops (other than exempted shops) that are retailers or franchise groups employing more than 250 employees must not be kept open at any time on Christmas Day or on Good Friday. Non-exempt stores(ie large retail shops subject to trading hours restrictions) Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores. Tasmanian non-exempt stores only have restrictions on Christmas Day, Good Friday and Anzac Day.
Trading hours restrictions in Victoria vary depending on the type of shop and the location of the shop. Follow these steps to work out what kind of shop you have, and when you can trade:
If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification. Trading hour legislationVIC Shop Trading Reform Act 1996 > Public holidaysSee all VIC Public Holidays > VIC classificationsExempt stores(ie shops exempted from trading hours regulation) Exempt shops are businesses that meet the following criteria:
Certain types of businesses are also exempt from trading hours restrictions. They can open whenever they wish throughout the year. The types of businesses that are exempt are:
TRADING HOURS: Unrestricted. Independent ‘small’ retail shops(ie small shops with partial or total exemptions from trading hours regulation) There is no specific category of small shops in Victoria, but the definition of exempt shops (unrestricted trading) includes businesses that meet the following criteria:
The number of persons employed by the business and its related entities is no more than 100 at any time during the seven days immediately before a restricted trading day (ie Good Friday, Christmas Day and between 12:01am and 1pm on Anzac Day). TRADING HOURS: A small shop is exempted from any restrictions on trading hours. Non-exempt stores(ie large retail shops subject to trading hours restrictions) Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores. Victorian non-exempt stores only have restrictions on Christmas Day, Good Friday and Anzac Day.
Trading hours restrictions in Western Australia vary depending on the type of shop and the location of the shop. If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification. Trading hour legislationWA Retail Trading Hours Regulations 1988 > Public holidaysSee all WA Public Holidays > WA classificationsIn Western Australia, trading hours regulation applies to shops south of the 26th parallel. The trading hours of restaurants, cafes and takeaway food shops are not covered by the Act. All shops are regarded as general retail shops unless they fall under any one of the other categories including:
General retail shops
The Minister may make orders varying the opening and closing times of retail shops and fixing the closing times of general retail shops in holiday resorts. Extended trading permits from the Department of Commerce are available for swap meets, trade fairs and industry expos. Small retail shops‘Small retail shops’ are shops owned by up to six people who operate no more than four retail shops, in which up to 25 people work at any one time. Small retail shops may sell any goods other than motor vehicles. Trading hours in small retail shops are unrestricted. Special retail storesSpecial retail shops are considered necessary for emergency, convenience or recreation goods. They may trade between 6:00am – 11:30pm every day of the year. Special retail shops include:
Service stationsFilling (petrol/service) station trading hours are deregulated in all areas. There are restrictions on the range of non-petroleum goods which may be sold from filling stations after general retail shop trading hours. The range of goods approved will depend on the corporate circumstances of each business. A more expansive range of goods is available to small filling stations:
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What are the ordinary trading hours for licensed premises in Tasmania Mondays to Saturdays?
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