As a licensee in Western Australia, changing the licensed area of your venue might be required at some stage during the Venue’s operational life. However, any modifications to a licensed area must comply with the Liquor Control Act 1988.
What is an Alteration/Redefinition Application?
An Alteration/Redefinition Application must be lodged when a venue intends to make any structural or functional changes to its licensed area.
When is an Alteration/Redefinition Application Required?
This type of application is required when you plan to:
Expand the Licensed Area:
- Adding new spaces to accommodate more patrons and/or adding new features to the venue.
- Expanding into outdoor spaces.
Modify the Layout:
- Relocating existing bars, dining areas, or other facilities within the venue.
- Creating new public spaces, such as function rooms, entertainment zones, or amusement areas.
Change the Venue’s Capacity:
- Modifications that impact the venue’s maximum accommodation numbers or facilities, such as upgrading restroom facilities.
Renovate or Alter the Structure:
- Any major structural renovations or alterations that affect the licensed area, including internal renovations or constructions that alters the venue’s layout or use of space.
When is an Alteration/Redefinition Application Not Required?
Cosmetic changes that do not alter the licensed area or the fixtures and fittings specified on the defined plans.
Key Points
- The Licensing Authority’s approval is required before any work begins. Starting renovations or modifications without first obtaining approval can lead to penalties or delays in the areas becoming operational.
- These modifications can significantly enhance a venue’s appeal, offering customers more comfort and creating opportunities to increase revenue by hosting diverse events.
Steps to Applying for an Alteration/Redefinition Application
The process for applying to alter or redefine you’re a licensed area involves several steps. Here is a general overview of the process in Western Australia:
- Prepare a Detailed Plan
Before applying, a licensee (or landlord) will need to have prepared an updated set of plans that shows the proposed changes. This will become your new “redline plan” once the application has been approved.
The proposed plans must be prepared in line with the Licensing Authority’s guidelines. Refer to the following links:
https://www.dlgsc.wa.gov.au/department/publications/publication/standards-of-licensed-premises
- Consult with Local Authorities
Consult with the relevant local government authority (e.g. shire, council). This will help ensure that your proposal complies with planning laws, building codes, and other relevant regulations.
- Prepare the Application
An application with supporting documentation will need to be filed with the Licensing Authority.
- Assessment and Approval
The Licensing Authority will review your application, and it will go to a Premises Inspector who will issue a Schedule of Requirements, which will outline the specific conditions, documentation, and actions that an applicant must fulfill. to ensure compliance with the Act.
At this stage, depending on the extend of the proposed changes, the Licensing Authority may require further submissions to be lodged and/or decide to advertise the application prior to determining the application.
- Approval to Commence Works
Only once the Licensing Authority has approved the changes, can you commence the works. It’s essential to ensure that all changes are completed as per the approved plans, as deviations could lead to issues with how you can operate.
- Changes to Licensed Documents Are Processed
Generally, once the works are completed, the venue will need to be inspected by both the relevant local government authority and the Licensing Authority before the new licensed areas can operate and the venue’s licence documents are updated to reflect the changes to the premises.
Can I engage Fraser & Associates Lawyers to Prepare an Alteration/Redefinition Application on My Behalf?
Changing a venue’s licensed area in Western Australia can significantly enhance your business’s appeal and profitability. However, you may wish to engage a lawyer experienced in liquor licensing to assist in preparing an Alteration/Redefinition Application to help you to:
- Navigate regulatory requirements, ensuring your application meets all legal and compliance standards.
- Draft the necessary documentation to ensure all submissions are accurate and comprehensive, increasing the chances of success and the speed in which the application progresses.
- Managing potential disputes or complications with authorities during the assessment process.
Need Help?
Instructing Fraser & Associates Lawyers can streamline the application process, helping to avoid delays and increasing the likelihood of a successful outcome.
You will be free to focus on the day-to-day running of your business, with the peace of mind that the application will be prepared properly and as quickly as possible.