Licence Variation or Alteration
Variation of Licence Conditions
Section 25D of the Liquor Licensing Act 1990 provides the Commissioner for Licensing with the power to vary conditions of a liquor licence at a licensee's written request.
The Commissioner has determined that any changes granted under Section 25D of the Act should be considered with reference to a number of factors, including:
changes should not undermine, or be clearly contrary to, the decision of when the licence application was first considered.
straight forward requests, such as a variation or increase to trading hours or a variation or increase in trading days, are likely to be approved. Other requests for variation may involve requests for additional authority for the sale of liquor that had not been envisaged by the licensee at the time of the initial licence application. These requests are also likely to be granted. For example:
a request by the operator of a combined restaurant and retail craft outlet who has the ability to sell a limited amount of wine with food and who may not have initially considered sales of, say, Tasmanian wine for consumption off the premises and who now wishes to satisfy customer requests; or
a request for some limited takeaway sales of Tasmanian wine from the operator of a cruise vessel operating in and visiting vineyards in a high profile wine region.
In all these cases, however, while there may not be any fundamental changes to the operation of the licence, the Commissioner will take account of the initial decision of the issuing of the licence to ensure that there were no particular circumstances in that decision that would be relevant in approving the subsequent variation.
Application and variation of conditions of a Licence (296Kb)
Alterations to Licensed Premises
Under Section 47 of the Liquor Licensing Act 1990 it is an obligation of a licensee not to alter the area of the relevant premises without approval.
A licence holder needs to obtain approval to alter the premises if the proposed changes will extend the area of the premises.
An application should be lodged prior to commencement of building works to ensure the Commissioner is given appropriate time for consideration of application.
An application to extend or alter a licensed area may impact on the designated areas and this will need to be addressed at completion of building works.
Application and procedure for alterations (151Kb)