Liquor Commission

For information and forms on how to apply for a liquor licence or an authority go to the Northern Territory Government website.

A range of applications can be made in relation to a liquor licence pursuant to the Liquor Act 2019:

• a new liquor licence or an authority - section 52 of the Act
• variation of the conditions of a licence - section 110 of the Act
• substitution of other premises for the licensed premises - section 75 of the Act
• transfer of licence - section 72 of the Act
• material alteration to the licenced premises - section 96 of the Act.

When considering certain applications, the decision maker is required to apply the public interest and community impact test set out in section 49 of the Act and the purposes of the Act at section 3. Each application is assessed on its merits.

Section 51 places the onus on the applicant to satisfy the Northern Territory Liquor Commission that issuing the licence or authority is in the public interest and will not have a significant adverse impact on the community.

Public interest and community impact assessment

The commission may only issue a licence or an authority if satisfied that:

1. the applicant is a fit and proper person, and
2. issuing the licence or authority is in the public interest, and
3. the licence or authority will not have a significant adverse impact on the community.

To determine whether issuing a licence or an authority is in the public interest the commission is required to consider the following objectives:

1. minimising the harm or ill-health caused to people, or a group of people, by the consumption of liquor
2. ensuring liquor is sold, supplied, served and consumed on or in licensed premises in a responsible manner
3. safeguarding public order and safety, particularly when large numbers of people would be attracted to licensed premises or an area adjacent to those premises
4. protecting the safety, health and welfare of people who use licensed premises
5. increasing cultural, recreational, employment or tourism benefits for the local community area
6. promoting compliance with the Act and other relevant laws of the Territory
7. ensuring each person involved in the business conducted at licensed premises receives training suitable to the person's role in the business
8. preventing the giving of credit in sales of liquor to people
9. preventing practices that encourage irresponsible drinking
10. reducing or limiting increases in anti-social behaviour.

To determine whether issuing a licence or an authority would have a significant adverse impact on the community, the commission must consider the following:

1. risk of undue offence, annoyance, disturbance or inconvenience to persons who reside or work in the vicinity of the proposed licensed premises or who are using, or travelling to or from, a place of public worship, a hospital or a school
2. geographic area that would be affected
3. risk of harm from the excessive or inappropriate consumption of liquor
4. people or community who would be affected
5. effect on culture, recreation, employment and tourism
6. effect on social amenities and public health
7. ratio of existing liquor licences and authorities in the community to the population of the community
8. effect of the volume of liquor sales on the community
9. community impact assessment guidelines issued under section 50
10. any other matter prescribed by regulation.

The commission may mitigate a possible adverse impact on the community by issuing a licence or an authority with conditions that limit any of the following:

1. kinds of liquor that may be sold or served
2. manner in which liquor may be sold or served
3. number or types of containers in which liquor may be sold or served
4. days and times when liquor may be sold or served
5. number of persons who may be on or in licensed premises, a part of licensed premises or an adjacent area that is under the control of the licensee
6. nature of entertainment that may be provided on or in licensed premises or in an adjacent area that is under the control of the licensee
7. any promotional activities in which drinks are offered on a complimentary basis or at reduced prices.

Community impact assessment guidelines

The minister has published community impact assessment guidelines to assist in the assessment of the potential impact of issuing a licence or an authority on the community.

Community impact assessment guidelines

The minister must, by Gazette notice, issue community impact assessment guidelines to assist in the assessment of the potential impact of issuing a licence or an authority on the community.

The minister may, in the community impact assessment guidelines, require an applicant for a licence or an authority to provide documents or other information, including information about the:

1. suburb, local government area or other area in which the proposed licensed premises would be located, and
2. benefits the proposed licence or authority would provide to the local and broader community, and
3. process and result of consultation on the application.

The mere addition of a new licence or licensed premises in a community is not taken to be a benefit to the community.

The community impact assessment guidelines may have general, limited or varied application.

Section 49 of the Act and the community impact assessment guidelines should be considered when preparing your application.

While it is up to the applicant to determine how much information to provide to the commission, it should be noted that:

• objective evidence is required
• assumptions, opinions, speculation and generalised statements alone will not be sufficient, and
• applicants should provide supporting evidence that is objective, accurate and relevant to their application.

Relevant sections of the Act that also apply

Applicants should also refer to the following sections of the Act, relevant to an application for a licence or an authority:

• Section 53 - licensing of body corporate
• Section 54 - disclosure of persons of influence and potential beneficiaries
• Section 55 - associates of a person
• Section 56 - acceptance of application
• Section 57 - public notice of application
• Section 59 - considerations of application
• Section 60 - decision to issue licence or authority.

More information

If you have any questions contact Licensing NT.

For more information you can:

• refer to the Liquor Act 2019 and Liquor Regulations 2019
• consult with your local liquor and hospitality peak industry body
• consult with business and legal professional industry bodies.