Obligations with operating a licensed premise

The obligations and responsibilities associated with operating licensed premises are in the spotlight like never before.

In recent times the liquor industry has experienced many adverse media reports about glassings, other assaults and general anti-social behaviour around venues.  Prominent harm and ill-health arguments regarding alcohol consumption are being pushed by the health lobby.  Added to the picture are the increasing number of warnings and infringements issued to licensees. 

The need to conduct business at licensed premises in a lawful and fully compliant manner these days is essential.  Licensees must be vigilant to minimise the risk of adverse occurrences which could be costly in one way or another.  Fines for non-compliance (usually at least $1,000 for each incident), negative publicity, loss of patronage, increased insurance premiums, section 95 proceedings or licence restrictions can potentially flow.

Adhering fully to all of the requirements under the Liquor Control Act and the policies of the Director of Liquor Licensing is critical for the success and in some cases, the survival, of a licensed business.  Licensees and their staff should ensure they have and maintain a good working knowledge of their obligations and responsibilities, which do change.  Regular monitoring of the licensing authority’s website and reading these Snapshots in part can help to achieve this.

Another positive step to assist in operating a compliant business is to obtain a private external audit from time to time of some of the key areas of compliance.  This can be done by using the Lavan Legal audit service known as the Lawdit.  There is a set cost for this service of $850 +GST for premises situated in the metropolitan area (arrangements may be made for premises outside the metropolitan area).  A flyer containing information about the Lawdit is attached.

For further information about the contents of this Snapshot or any other liquor licensing, tourism or hospitality matter please contact Dan Mossenson, Chairman of Partners on 08 9288 6769 / dan.mossenson@lavanlegal.com.au or Jessica Patterson, Senior Associate on 08 9288 6946 / jessica.patterson@lavanlegal.com.au.

Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.