Liquor Laws for the Supply or Sale of Alcohol

Peter Stewart

Assisted by Emily Lucas

Have you wondered if you need a liquor licence for the supply or sale of alcohol? Read on to find out if your business is aware of its obligations in complying with relevant liquor laws.

Who needs a liquor licence?

The sale of liquor in NSW generally requires a liquor licence. Bed and Breakfasts, retirement villages, nursing homes, hospitals, or sales by a not-for profit, are generally exempt, provided that each person involved in the sale or supply of liquor has completed an approved Responsible Service of Alcohol (RSA) course and holds a recognised RSA Certificate.

Are you eligible to be a licensee?

Prior to granting a liquor licence the Independent Liquor and Gaming Authority (ILGA) must consider the following:

As of 15 December 2014, ILGA must determine whether an applicant can demonstrate that they are a ‘fit and proper person’ before granting a licence. Considerations include:

The ILGA assumes that an applicant is not a ‘fit and proper person’ if there are reasonable grounds to believe, based on information provided by the Commissioner of Police, that the applicant:

Does the applicant pass the National Criminal History Check?

An essential part of any Liquor Licence application is a National Criminal History Check which helps the ILGA to determine if the applicant is a ‘fit and proper person.’

What is the role of a Licensee?

Being a Licensee brings great responsibilities, including:

What type of Liquor Licences can be applied for?

There are currently seven liquor licence categories in New South Wales. The most common types are:

What are the most common types of liquor licence infringements?

Infringements under the Liquor Act NSW 2007 vary in the degree of punishment for the licensee. The most common breaches (and related penalties) are:

If you need assistance in determining whether or not you should apply for a liquor licence, or if you need help with an application for a liquor licence, please contact: