Rules for licensed premises and entertainment venues
Premises or buildings which are used as an entertainment venue or licensed premises must have the required development consent under the Environmental Planning and Assessment Act 1979 and are required to be registered with Council prior to operation of the premises.
A complying development certificate or construction certificate is also required to be obtained before carrying out any associated building work and fit-outs or changing of use of the building or part.
The use and operation of the premises must be in accordance with the relevant development consent at all times and in addition, the relevant requirements and conditions imposed on the liquor licence must be complied with.
Health, building and safety requirements
Entertainment venues and Licensed Premises are also required to meet relevant health, building and fire safety requirements. Where the premises does not comply, Council can issue on-the-spot fines and give directions to comply. Where there is a serious breach Council can implement legal proceedings, which may result in a significant penalty.
Council's Environmental Health and Building officers can inspect business premises to check compliance. After the inspection, Council will send an invoice for the inspection which must be paid within a set period. The fee is set out in the City Planning section of Council's fees and charges.
For registration with Council, please download and complete the registration form below, and send it into us.
What is a Liquor Licence?
It is a legal requirement to have a "licence" to sell or supply liquor in New South Wales. Liquor Licences are granted by the Independent Liquor and Gaming Authority which is a NSW statutory authority established to carry out liquor and gaming regulatory function on behalf of the State government.
What are NSW Liquor Licensing laws?
The laws that regulate the sale and supply of alcohol in NSW are contained in the Liquor Act 2007. These laws are administered, primarily, by the NSW Office of Liquor Gaming and Racing (OLGR) and the NSW Police Force.
The primary objects of NSW Liquor Laws are to recognise the importance of minimising alcohol-related harm and promote the responsible use of alcohol by:
- Regulating the sale, supply and consumption of liquor in a way that is consistent with the expectations, needs and aspirations of the community, and
- facilitate the balanced development of the liquor industry through a flexible and practical system of regulation with minimal formality and technicality, and
- contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries.
As mentioned above, the Independent Liquor and Gaming Authority (ILGA) is the statutory body that issues liquor licenses in NSW. ILGA is also responsible for determining liquor licensing complaint and disciplinary matters under the Liquor Act 2007.
Do I require Council approval to obtain a Liquor Licence?
NSW liquor licensing laws require you to notify Council when you apply for a Liquor Licence. When Council receives this notification an assessment is conducted to determine what approvals from Council are required.
This assessment is conducted on a case by case basis and is dependent on the type of Liquor Licence being applied for and the type of premises to which the proposed Liquor Licence relates. At the conclusion of this assessment Council writes to the ILGA to advise of its position in respect to the Application.
What if I am disturbed by a licensed premises?
The first thing to do if you are disturbed by the operation of a licensed premises is to contact the premises and speak with the Licensee. The Licensee is the person who is required by a liquor licence to ensure the premises is operated in accordance with the requirements of NSW liquor licensing laws.
If the problem persists, Council as the local consent authority may be able to intervene. However, Council does not have the power to regulate licensed premises patron behaviour. Complaints regarding late-night patron noise in the vicinity of licensed should be directed to the NSW Office of Liquor, Gaming and Racing (OLGR). Complaints regarding anti-social behaviour from patrons should be directed to NSW Police.