The Liquor Licensing Act 1990 authorises the sale of liquor between 5am and midnight for general licences, on-licences, club licences and some special licences.
If a licensee wishes to sell liquor at times between midnight and 5am, the licensee must apply for an out-of-hours permit.
Applications for out-of-hours permits are considered on a case by case basis by the Commissioner for Licensing.
The Act requires that the Commissioner must not grant an out-of-hours permit in respect of licensed premises unless the licensee satisfies the Commissioner that the sale of liquor on those premises in accordance with the permit sought would not-
- cause undue annoyance or disturbance to-
- people living or working in the neighbourhood of the premises; or
- customers or clients of any business in the neighbourhood of the premises; or
- people conducting or attending religious services or attending a school in the neighbourhood of the premises.
- cause the occurrence of disorderly conduct-
- in the premises; or
- in the neighbourhood of the premises.
Out-of-hours permits may carry specific conditions. These may include the ability (or otherwise) to sell liquor for removal from the premises; whether security staff must be employed; and any other measures to be taken to suppress or limit annoyance and disturbances or disorderly conduct.
Conditions may also be imposed or varied on an existing out-of-hours permit if the Commissioner is satisfied that the sale of liquor on the premises is causing undue problems during the hours of the permit.
The Environmental Management and Pollution Control Act 1994 provides for offences in respect to breaches of that Act for noise related issues and is enforceable by police and council officers.