What We Do

Statement of Risks and Potential Effects

A Statement of Risks and Potential Effects (SoRPE) is required to be lodged with the NSW Independent Liquor & Gaming Authority (the Authority) in many liquor applications. A SoRPE assists the Authority determine the likely impact of a proposal or gauge the level of community interest in it.

Restaurant, Entertainment Venues, and Caterers

An on-premises licence enables liquor to be sold with or ancillary to another product or service that is sold, supplied or provided to people on the premises. An on-premises licence can be used for a variety of purposes including accommodation, vessel trading, catering services (both on and off site) or as a public entertainment venue (such as those premises previously known as nightclub licences).

It can also be tailored to suit a multi-purpose business and it is even possible for liquor to be served to patrons without a meal in a restaurant (which requires the approval of a primary service authorisation).

The primary purpose of an on-premises licence cannot be the sale or supply of alcohol, whether or not a primary service authorisation is held. Where a primary service authorisation is held, the product or service that is usually provided to customers on those premises must still be available.

We can assist you with:

New grant or removal Applications
Primary Service Authorisations
Sale On Other Premises Authorisations
Changes to the mandatory 6-hour closure period
Extended Trading Authorisations
Statements of Risks and Potential Effects (SoRPE)
Transfers of existing liquor licenses
Change of licensed area
Minors Function Authority (on-premises consumption with entertainment)
Revocation/variation of conditions
Disputes, complaints, noise or disciplinary issues

Club Operators

The most appropriate liquor license for a registered club selling liquor to members and guests is a Club Licence.

We can assist you with:

New grant or removal Applications
Statements of Risks and Potential Effects (SoRPE)
Changes to the mandatory 6-hour closure period
Applications to increase membership
Change of licensed areas
Non-restricted areas
Club Functions
Junior Members
Amalgamations of registered clubs
Change of secretary/manager
Gaming matters or issues
Disputes, complaints, noise or disciplinary issues
Compliance
Sale/disposal of land
Annual reports
The keeping of registers
Constitutions or Constitutional advice
Industrial relations issues
Agreements relating to sub-contractors
Workers compensation and public liability
The law of meetings and the passing of resolutions
Keno operations and the Franchising Code of Conduct
Expulsion and suspension of Members

Hotel or Bar Operators

Where it is proposed to sell liquor in a hotel, bar or tavern atmosphere the most appropriate liquor license is a hotel licence or a general bar hotel licence. A general bar licence is a limited type of hotel licence suited to venues that wish to operate a bar but do not want to operate gaming machines or offer takeaway liquor sales. A general bar licence will permit a venue to operate dining facilities, accommodation and public entertainment.

We can assist you with:

New grant or removal Applications
Changes to the mandatory 6-hour closure period
Extended Trading Authorisations
Statements of Risks and Potential Effects (SoRPE)
Transfers of existing liquor licences
Change of licensed area
Minors Area Authorisations
Residents Bar Applications
Gaming matters or issues
Lease, purchase or sale of assets
Disputes, complaints, noise or disciplinary issues
Compliance
Function Authorities
Minors Functions
Revocation/variation of conditions
Temporary premises

Gaming and a Local Impact Assessment

A local impact assessment (LIA) is usually required for hotels or registered clubs who wish to increase the number of gaming machines in their venue (called a gaming machine threshold) or when they change their physical location.A gaming machine threshold (GMT) is the number of gaming machines that are lawfully permitted in a hotel or club (i.e. gaming machine entitlements (GMEs) and/or poker machine permits (PMPs) in the case of a hotel).

For each gaming machine operated in a NSW club or hotel, that venue must have a GME or PMP (in the case of a hotel).

A hotel’s GMT cannot exceed 30.There are two different classes of LIA – Class 1 and Class 2.

In order to have a Class 1 LIA approved, the applicant must demonstrate that the proposed increase to the GMT will have a positive impact on the local community, whereas a Class 2 LIA must demonstrate that the proposed increase to the GMT will have an overall positive impact on the local community. The purpose of an LIA is to inform and support a community consultation process that helps the Independent Liquor & Gaming Authority determine whether approving the application to increase a venue’s GMT will provide a positive contribution to the local community, or have an overall positive impact on the local community

Small Bar Operators

A small bar licence allows liquor to be sold in a bar that is restricted to a maximum of 120 patrons. Minors are permitted in a small bar under certain circumstances. A Statements of Risks and Potential Effects is not required to accompany the Small Bar Licence Application to the NSW Independent Liquor and Gaming Authority where, within two working days of lodging the small bar licence development application (or an amendment to it) with the local consent authority, that that the lodging party (or its representative) served the Police and the NSW Liquor and Gaming with a completed “Notice of Development Application” Form.

Bottle Shop Operators

Where it is proposed to sell take away liquor through either a bottleshop or through a home delivery, mail order or the internet, the most appropriate liquor license is a packaged liquor licence. A packaged liquor licence permits the sale or supply of packaged liquor to the public for consumption off the licensed premises. Tastings are permitted to be conducted on the licensed premises with or without charge.

We can assist you with:

New grant or removal Applications
Internet liquor licences
Statements of Risks and Potential Effects (SoRPE)
Changes to the mandatory 6-hour closure period
Extended Trading Authorisations
Compliance concerns
Temporary premises
Change of licensed area
Revocation/variation of conditions of licences
Alleged breaches of the Liquor Act
Disputes, complaints, noise or disciplinary issues

NCAT Reviews

If an applicant before the NSW Independent Liquor & Gaming Authority (the Authority) is dissatisfied with the outcome of their application before the Authority, then in some circumstances the applicant can appeal that decision to the NSW Civil and Administrative Tribunal (NCAT).

The NCAT appeal must be made within 28 days of the notice of the decision of the Authority being published on the website of the Department of Industry.

The nature of the NCAT hearing is ‘de novo’ meaning the NCAT Member will consider all evidence before it afresh, at the date of the decision. Importantly, there is no bearing on either party to prove the prior decision of the Authority was correct or incorrect.

Rather, it is the NCAT Member’s job to decide the outcome, on the balance of probabilities, in exercising the decision-making power of the original decision maker.

Furthermore, there is no presumption nor any additional weight which will be given to the original decision of the Authority, meaning the NCAT hearing is determined and finalised based on the evidence before it and only this evidence. A hearing of this nature can work either in favour or against a party, depending on the circumstances and nature of the hearing.

BSV Liquor and Gaming Lawyers are at the forefront of liquor licensing law in NSW and have the qualifications and reputation in advising on and acting in NCAT appeals.

Complaint, Noise, and Disciplinary Matters

We provide specialist legal advice and assistance in relation to complaint, noise and disciplinary matters. Our firm has acted for many licensees in the past in response to applications by the Police, Director of Liquor and Gaming or the Authority to impose conditions upon a liquor licence. In those actions we have successfully negotiated a satisfactory end to the matters for our clients.

Producer/Wholesaler Operators

Producer/wholesaler licences apply to wine producers, brewers, distillers, and wholesalers.

Wholesalers who do not qualify as producers are only permitted to sell liquor by wholesale to those who have a liquor licence, for example restaurants, bottle shops, and pubs.

Producers may sell their liquor by retail (to the general public) and by wholesale (to existing licensed restaurants and bottle shops).

For beer and spirit producers, the key ingredient (such as hops or truffles) means you are a primary producer. If the liquor product is uniquely your own, even if you contract production to a third party, then you are a producer.
‍
For wine producers, if you own a vineyard within 500 metres of your licensed premises, you qualify as a wine producer as you grow the grapes, even if you use a contract winemaker.Liquor producers, such as winemakers, brewers and distillers, can:

conduct tastings
sell the licensee’s product by retail to the general public, both online or directly from the licensed premises, if permissible under the relevant development consent
Sell the licensee’s product to wholesale customers (those who are authorised to sell liquor)
sell the licensee’s product by retail at liquor industry shows and farmers' markets or fairs
apply for a drink-on premises authorisation to sell alcohol for consumption on the premises.

Limited Licence Operators

A limited licence allows the sale of liquor for consumption on designated licensed premises at a function or multiple functions. Limited liquor licenses allow liquor sales for consumption on the licensed premises at a function or multiple functions, a special event and a trade fair. Limited liquor licenses apply to sporting clubs that are non-profit organisation and community organisations, such as Councils or public authorities. In the case of trade fairs (such as wine or food shows), a limited licence can also allow take-away sales.

Advice to Others in the Legal Industry

In addition to providing advice to clients, we often provide specialist advice to legal practitioners on a variety of liquor licensing, CIS and gaming issues. Due to our reputation of providing liquor licence and gaming solutions in a timely and cost-effective manner, other legal firms and practitioners who do not specialise in such matters regularly seek our advice. Let us help your practice avoid undue delay, expense and frustration and obtain the best possible outcome for your client.

Due Diligence

We also provide specialist advice to legal practitioners, financiers, developers and others regarding the acquisition of licensed premises, liquor licenses and gaming entitlements. Such issues are often overlooked when purchasing these types of assets however it is probably the most critical. If proper checks and searches are not carried out operational issues may arise which can lead to disappointment, frustration and loss of earnings such as, for example when a dispute arises over the ownership of gaming devices. Without proper due diligence checks and searches you cannot be guaranteed you are receiving value for money or purchasing the relevant authorisations to satisfy your business activities.

Sale, Purchase, or Lease of Licensed Premises

The sale, purchase or lease of any licensed premises raises a number of issues which must be carefully considered in the transaction so as to protect your interests and investment.

These include:

Transfer of liquor licenses
Determining which party holds the gaming machine rights where there is a sale of a hotel
Special conditions relevant to contracts for sale
Options
The value of the business and liquor license
Compliance issues
Whether a mortgagee needs to be taken into account and if so what consents are necessary
Impact of lease clauses

DA and CDC

Is the licensed area approved?

Development Consents and Complying Development Certificates
If a development consent is required under the Environmental Planning and Assessment Act 1979 (or approval under Part 3A or Part 5.1 of that Act is required) to use the premises for the purposes of the business or activity to which the proposed licence relates (the Premises), then evidence must be submitted to the NSW Independent Liquor and Gaming Authority and/or the NSW Liquor and Gaming (the Liquor Authority) that the development consent (DA) is in force.

If that evidence is not made available, then the application will be refused by the Liquor Authority (unless the applicant previously withdraws the application).

In some cases where a DA is in force for the building (or a tenancy within the building) all that the Liquor Authority requires is a Complying Development Certificate (CDC) for the Premises.

What is the Difference: DA vs. CDC?
‍The size and scale of the Premises, along with the relevant planning controls will determine the most appropriate assessment pathway. Please note: -

A DA is a formal application made to the local consent authority (the Council) seeking approval to use the premises, as proposed. The Council will have its own set of requirements and the DA (when approved) will include prescribed conditions (e.g. trading hours, seating capacity (if applicable), and conditions to reduce neighbourhood amenity type concerns etc).
A CDC is a fast-track approval process (by eliminating Council’s involvement) for straightforward matters. If the proposal meets the specific criteria, then the proposed use can be determined by an accredited Private Certifier as complying. In your discussions with any Private Certifier is it important that you discuss: -

The proposed trading hours: A CDC cannot alter the otherwise approved trading hours that apply. Therefore, it is important that you inform the Private Certifier of your preferred trading hours to ensure obtaining the CDC is appropriate.
The proposed seating capacity (for café/restaurant operators): Please ensure you discuss your proposed patron seating capacity with the Private Certifier so as to ensure a CDC is the appropriate pathway for you. If you do not have this discussion, then a CDC may issue (along with a stamped layout drawing of the Premises) but this plan may not illustrate the desired number of seats you wish to be approved by the Liquor Authority. In these circumstances the local consent authority may object to the Licensing Application before the Liquor Authority on the grounds that the required planning instrument to allow the proposed “use” is not in place.

Outdoor Dining
Restaurant and café operators, who also wish to use an adjacent outdoor dining space, must also provide evidence that the outdoor space is approved under the DA or CDC (that is discussed above) If the land is not privately owned, they must provide a Footpath Dining Licence or similar approval from the local Council.

What if my proposal is considered exempt?
Exempt uses apply to Premises where the proposal is likely to cause only a minimal environmental impact and therefore may be carried out without the need for a DA or CDC. For example, applicants who seek to use an internet packaged liquor licence that is attached to a home or commercial office can usually rely on the exempt provisions. The provisions are governed by the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. To be exempt the proposal must fall within the definition of “home business” or “home occupation”. The definitions are included in the Standard Instrument (Local Environmental Plans) Order 2006. The definition of: -

home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following:-

the employment of more than 2 persons other than the residents,
interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
the exposure to view, from adjacent premises or from a public place, of unsightly matter,
the exhibition of signage, other than a business identification sign,
the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

To qualify under this provision the area to be occupied by the home business must also be a small ratio of the total area of the home.

home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:-

the employment of persons other than those residents, or
interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
the display of goods, whether in a window or otherwise, or
the exhibition of any signage (other than a business identification sign), or
the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

What we do