The answer to that question is not always simple or straightforward. Really, it depends.
Let’s start with the basics. A liquor licence is granted by the licensing authority to an approved entity, such as club, which is referred to as the “licensee”. The liquor licence permits the licensee to sell and supply liquor at the approved particular place being the “licensed premises”. The licensed premises is identified on the “approved plans” where the boundary of the area where liquor may be sold, supplied and consumed is outlined in red (and yellow in respect of some extended trading permits).
A licensee is not permitted to make changes or redefine the licensed premises in a range of situations without the prior written approval of the licensing authority. Failure to comply can potentially lead to a range of serious consequences including suspension of the licence.
Some of the common changes to licensed premises that may require licensees to seek the prior approval of the licensing authority include the following:
1 Structural changes to the building or the addition of new structures within the licensed area.
2 Interior refurbishments or alterations (other than cosmetic changes such as painting or replacing worn out furniture).
3 Changing the area where patrons are able to consume liquor by increasing the area (such as adding an outdoor area) or reducing the area.
4 Providing additional toilets to increase the capacity of the venue.
5 Changing the way part of the premises operates (such as changing a meeting room into a dining area).
In all these types of cases, a licensee is required to submit an alteration/redefinition application prior to making any material change to the approved plans. Penalties apply for unauthorised changes.
This statutory obligation is highly relevant to clubs, particularly those that share facilities with other clubs, where the local government is ultimately responsible for maintenance and structural integrity of the club house. The local government may propose to undertake significant renovation works or upgrade the clubhouse facilities. However, the local government is not the licensee. This means it is the responsibility of each individual licensed club that uses the facility to apply to the licensing authority for approval to alter/redefine the licensed area.
This scenario may be relevant where clubs, such as football and cricket clubs, share facilities throughout the year. If one club were to upgrade the facility, for example renovate the service area to extend the bar, such a change would need to be approved by the licensing authority in respect of both licences, prior to taking effect.
Some applications seeking approval may have to be advertised and consequently could be the subject of interventions and objections. In some cases council approval will also be required.
Should changes have already been made to your club’s licensed area without prior approval, your club should consider urgently whether retrospective approval should be accompanied by an appropriate explanation.
Some types of changes may not require prior approval of the licensing authority but do need to be notified within 14 days.
If your club is proposing to renovate or upgrade its facilities and the changes are going to affect the licensed area, the club may need to apply to the licensing authority for approval to make those changes before going ahead. In certain circumstances, the licensing authority may instead only need to be notified after those changes are made, but notification must be given in the required time frame.
Dealing with changes to licensed premises can potentially be complicated. We recommend seeking advice in advance. Should you require any assistance in making an application to the licensing authority, or have any queries regarding the above, please do not hesitate to get in touch with us for an obligation and cost free chat.
