NSW Liquor licences
Under the New South Wales Liquor Act 2007, a person must not sell or supply liquor unless they are authorised to do so by a licence.
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Even where a licence has been granted, the sale or supply of liquor must be in accordance with the authorisation granted by the licence.
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There are a number of types of liquor licence, each with their own restrictions and permissions.
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Our consultants can help you get the right liquor licence for your business needs.
NSW liquor licence types
Hotel liquor licence
General bar liquor licence
Small bar liquor licence
Restaurant liquor licence
Entertainment liquor licence
Packaged liquor licence
Producer/wholesaler liquor licence
Limited liquor licence
NSW liquor licence process
Liquor licences are granted by the Independent Liquor and Gaming Authority through an application process.
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Depending on the licence type, there are a number of steps that may need to be taken, including:
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obtaining development consent from council
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consulting with community stakeholders
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making mandatory notifications
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completing a community impact statement
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preparing a venue management plan
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submitting a floor plan of the licensed boundary
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obtaining RSA and licensee qualifications
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obtaining a National Police Certificate
Hotel liquor licence
Generally, for a hotel liquor licence, the primary purpose of the business carried out on the premises must at all times be the sale of liquor by retail.
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A hotel licence allows you to:
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sell alcohol for consumption on the premises
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sell takeaway alcohol
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operate gaming machines, keno and other betting (subject to approval)
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sell alcohol at functions away from the premises (subject to approval)
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provide entertainment
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Subject to the approval of certain additional authorisations, a hotel licence must not allow minors inside the premises.
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A helpful summary of the hotel liquor licence can be found here.
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General bar liquor licence
A general bar liquor licence is a sub-type of the hotel liquor licence.
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Although there are many similarities with the hotel liquor licence, two important differences are that:
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gaming machines, keno and other betting must not be operated or kept on the premises
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alcohol must only be sold for consumption on the premises (ie no takeaway)
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A helpful summary of the general bar liquor licence can be found here.
Small bar liquor licence
A small bar liquor licence authorises the sale of liquor by retail on the premises for both:
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consumption on the premises
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for house-made cocktails in sealed containers, for consumption away from the premises (ie take away)
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The capacity of a small bar is limited to 120 patrons only.
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As the small bar liquor licence is generally considered not to be high risk, some benefits include:
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exemption from trading hours risk loading fees
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does not require a cumulative impact assessment
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may be exempt from completing a community impact statement
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minors are permitted until 10pm without special authorisation, provided the premises is regularly providing meals
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A helpful summary of the small bar liquor licence can be found here.
Restaurant liquor licence
A restaurant liquor licence is a kind of on-premises licence, that allows for the sale of alcohol for consumption on the premises.
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All restaurants must meet the 'primary purpose test' being that the primary purpose of the business carried on under the licence is the provision of food. The primary purpose can not be the sale or supply or alcohol.
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A basic restaurant licence requires any alcohol to be supplied with or ancillary to a meal, however certain additional authorisations can exempt this condition provided the primary purpose test is still met.
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Minors are permitted within restaurants without any additional authorisation.
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A helpful summary of the restaurant liquor licence can be found here.
Other on premises liquor licence
An on-premises liquor licence may include a wide number of other services or products that would allow for the sale of alcohol for consumption on the premises, including:
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nightclubs
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cafes
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cinemas and theatres
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accommodation venues, including motels or B&Bs
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karaoke venues
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catering services
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function centres
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specialist services such as hairdressers and beauticians
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As with on-premises (restaurant) liquor licences, the primary purpose of the business must be the sale or provision of the nominated service or product.
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There are restrictions on minors entering 'public entertainment' venues, such as nightclubs.
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A helpful summary of the general on premises liquor licence can be found here.
Packaged liquor licence
A packaged liquor licence authorises the sale of alcohol by retail, in sealed containers on the premises, for consumption away from the premises (ie take away).
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A packaged liquor licence also authorises the sale or supply of alcohol to customers not in sealed containers for the purpose of tasting on the premises.
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Type of businesses that may use this type of liquor licence include:
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bottle shops
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supermarkets or general stores with retail space of over 240 square meters
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online and mail order businesses, where customers do not attend the premises
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home delivery
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A helpful summary of the traditional fixed premise packaged liquor licence can be found here. The online delivery only packaged liquor licence can be found here.
Producer/wholesaler liquor licence
A wholesale liquor licence authorises the sale of alcohol, by wholesale, to those that have a liquor licence, such as restaurants, bottle shops and pubs.
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A producer liquor licence authorises the:
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sale of the licensee's product to the general public, by retail or online or directly from the premises
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sale of the licensee's product to wholesale customers
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sale of the licensee's product at industry shows, farmer's markets or fairs
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conduct of tastings
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A producer liquor licence may also apply for a special authorisation to sell alcohol for consumption on the premises.
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A helpful summary of the producer/wholesaler liquor licence can be found here. A basic wholesaler liquor licence can be found here.
Limited liquor licence
There are many types of limited liquor licences, including:
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limited licence - single function
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limited licence - multi function
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limited licence - special event
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limited licence - trade fair
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Except for a trade fair, a limited licence authorises the sale or supply of liquor for consumption on the premises only.
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The number of functions held under a limited licence can not exceed 52 per year and there are mandatory notification requirements and time frames that must be met.