Under the Liquor Licensing Act 1990 and Gaming Control Act 1993, the Commissioner for Licensing and the Tasmanian Liquor and Gaming Commission determine if an associate of an applicant, or current licence or permit holder is fit and proper and of sound financial background.
The Associate Application is part of an application for:
- Liquor licence or permit
- Liquor licence transfer
- Licensed Premises Gaming Licence
- Tasmanian Gaming Licence
- Tasmanian Casino Licence
- Roll of recognised Manufacturers, Suppliers and Testers of gaming equipment
- Foreign Games Permit.
Who is an associate?
Associates are persons that have a relevant association to an applicant or current licence or permit holder. A person is an associate of an applicant if:
- they hold or will hold:
- relevant financial interest in the business (eg. investor, shareholder, business partner);
- relevant position in the business (eg. office bearer, director, senior manager); and
- relevant power or significant influence in the management or operation of the business (eg. friend, acquaintance or other person)
- they are a relative (spouse, partner, parent, child or sibling (whether full blood or half-blood)); or
- the Commissioner is satisfied a person could exercise a significant influence over the applicant, licensee or permit holder [liquor only].
An associate must be at least 18 years of age and determined to be fit and proper having regard to character, honesty and integrity in their professional and personal life. National police and credit checks are conducted as part of the associate assessment process. As determined by the Commissioner or Commission, subsequent requests for additional information or other inquiries may be conducted.
Under the Gaming Control Act 1993, associates must consent to finger and palm prints being taken, irrespective of whether this occurs. In accordance with legislation, all prints obtained are destroyed as soon as the Commission has no further use for them.
Associate application requirements
If an applicant identifies having associates, each associate must separately complete the Associate Application and supporting documentation. The Associate Application outlines all of the application requirements.
Red line (site) plan
When a liquor licence is granted, it is for a defined area where liquor can be sold and/or consumed. This plan(s) forms part of liquor licence applications, and the Liquor and Gaming Branch may also request a current plan of a licensed premises at any time.
- Red line plans must be submitted in a A4 or A3-size format.
- It is preferred that applicants source an original or electronic plan of their premises. This ensures that plans are complete, accurate and to scale. Original or electronic plans may be sourced from the premises owner or local council.
- Hand drawn plans will only be accepted if they meet the requirements below.
Plans must contain the following elements:
- suitably sized paper, minimum A4 size (graph paper is not acceptable);
- drawn in ink and be neat and legible (if hand drawn);
- show the floor plan(s) of the owned or leased property;
- outline in red the boundaries of the proposed area to be licensed;
- if the proposed area does not follow a physical barrier (such as a wall), describe what is being used to separate the area;
- show clear and consistent measurements on the plan;
- include the address of the premises;
- include a compass point showing north;
- show basic functions or fixtures (for example, bar, dining and kitchen areas, or for packaged liquor sales, identify shelf areas displaying alcohol and cash register location); and
- should be drawn to a suitable scale so that elements above are clearly identified. The suggested scale is 1:100 (1cm = 1m).
Where a proposed licensed area includes large outdoor spaces, the site plan must show:
- the entire site including internal and external areas drawn to a suitable scale;
- outline in red the proposed area that is to be licensed; and
- clear descriptions of how the proposed outdoor area will be distinguished (for example, fence, portable barriers, signage).
Considerations when granting a liquor licence
The Liquor Licensing Act 1990 requires that the Commissioner for Licensing, when considering an application for a liquor licence, must make a decision which, in the opinion of the Commissioner, is in the best interests of the community.
Meaning of "Best Interests of the Community"
The best interests of the community is determined by either the Commissioner for Licensing or the Tasmanian Liquor and Gaming Commission. When making this decision the Commissioner and the Commission will consider the object and scope of the Act, and the interests included in the Liquor Licence Regulations 2016.
Both the Commissioner and the Commission take the unique circumstances of each case into account when making a decision. The Regulations make clear that they must take the interests of the whole community into account, not just private interests.
Object of the Liquor Licensing Act 1990
The Commissioner and Commission consider the object of the Act when determining the best interests of the community. The object of the Act is to regulate the sale, supply, promotion and consumption of liquor so as to minimise harm arising from the misuse of liquor. The Act prescribes:
- ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity;
- restricting undesirable liquor promotion and advertising and the supply of certain liquor products;
- encouraging a culture of responsible consumption of liquor; and
- facilitating the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.
Considerations under Regulations
The best interests of the community is detailed in the Regulations. The Regulations require that the Commissioner or the Commission consider the costs and benefits when determining the best interests of the community.
Costs to the community
Costs to the community may include the potential for alcohol-related anti-social behaviour or alcohol-related crime. Another cost may be if the supply or proposed supply of liquor might cause undue offence, annoyance, disturbance or inconvenience to groups of people who are in the area of the supply or proposed supply of liquor. These groups may include those who:
- reside or work; or
- attend schools or other facilities frequented by children; or
- attend hospitals or facilities where people receive treatment for alcohol dependence or other addictions; or
- attend places of worship.
If possible adverse effects may impact on the health and safety of members of the public due to the supply of, or proposed supply of, liquor is quite broad. This consideration may include:
- issues relating to outlet density and whether the proposed premises is located in an area more prone to alcohol-related issues. For example, proximity to businesses with vulnerable customers (such as an opportunity shop that is frequented by a significant number of alcohol dependent customers);
- the availability of safe transport options where the premises is likely to result in late night departures of patrons;
- the incidence of alcohol-related crime in the area; and
- whether the location of the premises is one that Tasmania Police, the Department of Health and Human Services and/or local councils have concerns with regard to increased access to alcohol.
Potential adverse effects on public amenity are among the objects of the Act and would be considered in licence applications. Impacts that may be considered include:
- litter and other pollution associated with the operation of a premises;
- increases in pedestrian and vehicle traffic; and
- types of local businesses, public services and residences in the vicinity.
Benefits to the community
Benefits to the community that could be addressed in the submission may include:
- impacts on employment in the community;
- potentially benefits of increased tourism; and
- cultural or recreational benefits that may arise from the proposed activities, such as the responsible development of the hospitality industry.