Applying for a new licence, altering or redefining licensed premises, applying for an extended trading permit or varying the trading conditions of a licence can be challenging, especially when faced with objections from residents, or objections or interventions from health authorities, local councils or the police.

Concerns about the potential impact a licensed venue may have on public amenity, safety, or health can lead to an objection or intervention being lodged with the Licensing Authority.  It is critical that they are handled properly and with care, to avoid an application being denied, or having unnecessary conditions placed on a liquor licence that may impact how a venue operates and/or the services that it is permitted to provide.

Understanding these challenges and proactively addressing them can help licensees be successful.  Having strategies for managing objections and interventions is vital, as is a good understanding of the Document Exchange process that applicants will need to work through before their matter can be determined.

Objections and Interventions

Objections and interventions can be made against applications for new licenses, extended trading permits, altering or redefining licensed premises or variations to existing licences. The intent is to allow community members, the local council, health authorities and law enforcement to voice concerns about the potential impact a licensed venue may have on the local area, safety, or health.

Advertising & Document Exchange

Basically, once an application has been lodged, many applications will go to “Advertising” where the local community are invited to consider the application and raise any concerns that they might have about the proposal. An Objection can be lodged during this period.

Local authorities such as the local council, Police and Health will be notified by the Licensing Authority of the Application soon after it is filed and can at any time during the application process lodge an Intervention although in most cases this will be done during the Advertising period.

Applications will go to Document Exchange where there have been an objection(s) or intervention(s) lodged.  The purpose of the process is to ensure all parties involved in an application can present their case or concerns and respond to others’ arguments.  From the Applicant’s perspective it is a chance to clarify issues and where needed offer resolutions that do not prejudice their intended style of operations.

Noise and Anti-Social Behaviour

Noise disturbances and anti-social behaviour are among the most common reasons residents object to liquor licence applications. Venues operating in the evenings and those seeking extended trading hours, especially in residential areas, often face pushback over concerns that patrons will disrupt their peace with loud conversations, music, aggressive behaviour and may cause property damage,

Patron Management

Fears about public safety, managing patrons and crowds are also common concerns, as can be traffic congestion and lack of parking.

Alcohol-Related Harm and Illness

Health authorities frequently object to liquor applications based on concerns about alcohol-related harm and illness.  They tend to rely on research and health data to support their concerns that will need to be properly responded to as part of the Applicant’s submissions during the Document Exchange process.

Exposing Children to Alcohol

Residents and community advocates often raise objections about exposing children to alcohol, especially when venues are close to schools, playgrounds, or family-oriented areas. Once again research and health data is used to support their concerns and needs to be addressed by the Applicant when preparing submissions during the Document Exchange process.

Crime

Police may lodge an intervention where they are concerned about the escalation of crime and anti-social behaviour in an area because of a new venue or an existing venue’s trading history.

The Key to Success is A Proactive Approach

Applicants – don’t be put off making an application due to the Advertising and Document Exchange process – with the right support and advice this stage does not need to be difficult or overwhelming.

It is however essential that the evidence that is lodged to support the application is comprehensive at all stages of the process and responsive submissions do adequately address any concerns that have been raised.

Consulting Fraser & Associate Lawyers can be invaluable in preparing a comprehensive application, as well ensuring Document Exchange submissions are on point and adequately address objections and interventions when they are received. in order to achieve a positive outcome for the applicant.