AHC COUNCIL POLICY - Adelaide Hills Council Policies and... · Other Relevant Policies: ... Strategic Planning & Development Policy ... and the role of licensed premises in various

AHC COUNCIL POLICY

LIQUOR LICENSING

Policy Number: COM-18

Responsible Department(s): Development & Compliance

Relevant Delegations: As outlined in this Policy

Other Relevant Policies: Outdoor Dining PolicyEvent Policy

Relevant Procedure(s): None

Relevant Legislation:Liquor Licensing Act 1997Development Act 1993Local Government Act 1999

Policies and ProceduresSuperseded by this policy on itsAdoption:

13 May 2014, Item 10.6, 31

Adoption Authority: Strategic Planning & Development PolicyCommittee

Date of Adoption: 13 May 2014

Minute Reference for Adoption: Item 12.2, 26

Next Review: No later than May 2017, or as required, or as aresult of Legislative changes

Liquor Licensing Page 2

LIQUOR LICENSING

1. INTRODUCTION

This Liquor Licensing Policy provides guidance for managing the requirements of theLiquor Licensing Act 1997, and establishes a framework to guide Council in managingliquor licence applications (including limited licence applications).

This policy’s intent is to ensure that Liquor Licensing approvals are consistent with relatedDevelopment Approvals, and that responses to applicants are managed in an effective,timely and consistent manner.

The Office of the Liquor and Gambling Commissioner (OLGC) is the relevant authority fordetermining liquor licence applications and issuing relevant licences. The allocatedCommissioner will base a decision on the cases presented by the applicant and anyobjectors. Council only provides comments to the OLGC with regard to Liquor Licenceapplications.

This Liquor Licensing Policy acknowledges the desired character of townships and urbanareas within the Adelaide Hills Council District, as set out in the Adelaide Hills Council(AHC) Development Plan. The Development Plan provides the basis for assessingDevelopment Applications under the Development Act, 1993.

This policy also acknowledges that Council may request the OLGC to include conditionson liquor licences in relation to:

noise, and other potential disturbances; proximity to residential properties; types and impacts of entertainment provided; the nature of any outdoor activities; proposed hours of operation; the location of areas where alcohol may be served; wine or other tastings or special circumstances/events where alcohol is served; obligations of the licensee (pursuant to the Liquor Licensing Act 1997); and, any other matters which are considered relevant under the Development Act 1993

and conditions of Development Approval.

Any conditions imposed on a liquor licence by the OLGC or development approval byCouncil are intended to protect and enhance the amenity and character of the locality,while considering the interests of the different stakeholder groups involved, includingresidents, neighbouring businesses, the police, and the role of licensed premises invarious areas of the Council.

Note that Council may seek to vary the standard conditions stated in Appendix 1 for anylicence based on the particular requirements or circumstances of that application.In making its decisions, Council is aware that:

1. there are significant differences in the operational and functional needs of Cellardoors, wineries, hotels, restaurants, and other types of licensed premises orevent(s); and,

2. tourist areas and residential areas have notable differences in expectations relatingto noise, traffic and operating hours as compared with Centre Zones and majorarterial roads (including scenic drives) which cater for a level of economic activitythat would be inappropriate in a residential area.


2. OBJECTIVES

Council’s overall objective is to have all licensed premises operating in alignment with therequirements of this Liquor Licensing Policy, and applicable Liquor Licensing andDevelopment Approvals.

Council will fulfil its statutory obligations in relation liquor licence applications by advisingthe licensing authority whether all necessary Council permits and approvals have beenissued. Council will also advise the licensing authority of any impacts an application mayhave on Council’s corporate responsibilities.

Council will advise objectors to liquor licence applications of the right and necessity tolodge the objection with the OLGC at Consumer and Business Services, and explain therespective roles of Council and the licensing authority.

Council’s role is to, wherever possible, promote and support the responsible service ofalcohol, promote safe venues for patrons, and minimise any adverse impacts on localamenity arising from the operation of licenced venues, functions and special events. Toensure this, Council may:

ensure that all forms of liquor licence applications are assessed against theframework established by this Policy;

ensure that, where a limited licence is sought, an ‘Application for a limited licence’ oran ‘Event Application for Council approval’ containing all relevant details of theproposed function is lodged with Council for assessment;

exercise its rights of objection, intervention and complaint under the LiquorLicensing Act 1997, whenever warranted;

provide information to the public when required to do so in relation to licenceconditions

provide advice to members of the public seeking clarification on licensing andrelated planning issues, as they relate to this Council District;

investigate the creation of Liquor Accords1 as warranted; and, identify issues and problems relating to the operation or scope of this Policy and

revise this Policy as appropriate.

Council may, at its discretion, take into account the history of the site which is the subjectof an application, and the history of the operation at the existing premises whenrecommending conditions to the licensing authority (i.e. the OLGC) for inclusion in thelicensing decision.

1 Liquor accords promote a co-operative approach to developing safe and well managed environments inand around licensed premises. They support harm minimisation and responsible serving principles andoperate as a component of an overall strategy to ensure safety in the local community and promoteeffective communication and problem solving between licensees and key stakeholders. Each liquoraccord is formulated by its members to resolve local issues within a local area. Although individual accordsmay have similar elements, there are no two the same. Strategies are shared and adapted to addresssimilar issues within different communities. Liquor accords include representatives from licensedpremises, businesses, councils, police, government departments and other community organisations. Thegeographical area covered by an accord is usually determined by its members, taking into considerationpolice divisional and district boundaries, local government areas and any unique environmental factors,such as stadiums and entertainment precincts. – Queensland Office of Liquor and Gambling Regulation2011


3. DEFINITIONS

Authorised person, in relation to a licenced premises means –a) the licensee; orb) a responsible person for the licensed premises; orc) a police officer; ord) an approved crowd controller.

Authorised trading hours, in relation to a licence, means the hours during which thesale, supply or consumption of liquor is authorised by the licence;

Collective Outlet, in relation to the producer’s licence, the sale of other liquor of the sametype as the licensee’s product. Two or more producer’s licences may be granted the samepremises constituting a collective outlet.

Commissioner means the Liquor and Gambling Commissioner.

Court, means the Licensing Court of South Australia.

Designated dining area means a part of licenced premises designated by the licensingauthority (i.e. the OLGC) as a dining area.

Direct sales transactions, means a transaction for the sale of liquor in which –a) the liquor is ordered by the purchaser by mail, telephone, facsimile transmission or

internet or other electronic communication; andb) the liquor is delivered to the purchaser, or a person nominated by the purchaser, at

the residence or place of business of the purchaser, or some place (other thanpremises at which the liquor has been stored prior to delivery) nominated by thepurchaser.

Entertainment means –a) a dance, performance, exhibition or event (including a sporting contest) calculated to

attract and entertain members of the public; orb) a visual display but not if provided by means of a television screen not exceeding

dimensions fixed under the regulations;

Extended trading authorisation means a condition of licence specifically authorising theextended trade in liquor;

Function means a gathering of people on any occasion at which liquor is to be sold,supplied or consumed and for which licenced premises, or a part of the licensed premises,has been booked in advance;

Licence means a licence under the Liquor Licensing Act 1997.

Limited licence means a short time licence for “one off” special occasions/events wherealcohol is to be consumed, sold and/or supplied.

Liquor means a beverage which at 20° Celsius contains more than 1.15 per cent alcoholby volume and includes any substance declared by regulation to be liquor for thepurposes of this Act.

Live entertainment means—(a) a dance or other similar event at which a person is employed or engaged to play

music (live or pre-recorded); or


(b) a performance at which the performers, or at least some of them, are present inperson; or

(c) a performance of a kind declared by regulation to be live entertainment.

Premises includes –a) land;b) any building or structure on land;c) a public conveyance;d) a part of premises.

Regulated premises means –a) licensed premises; orb) a restaurant, café or shop; orc) an amusement parlor or amusement arcade; ord) a public place that is being used for the purposes of an organized event, where

admission to the event is gained on payment of money, presentation of a pre paidticket or purchase of some item; or

e) a public conveyance; orf) premises of a kind declared by regulation to be regulated premises,and includes an area appurtenant to any such premises, but does not include anypremises, place or conveyance declared by regulation not to be regulated premises.

Special event means a community, cultural, arts, entertainment, recreational, sporting orother similar event that is to be held over a limited period of time.

4. POLICY STATEMENT

4.1 General Matters

4.1.1 Existing licence conditions will apply to all existing licensed premises in theCouncil District.

4.1.2 Licence conditions for new applications may be determined underdelegated powers from Council to assess such applications, under theLiquor Licensing Act 1997 (s69 (3)(e) and to intervene in proceedingsbefore the Liquor and Gambling Commissioner under s76(2) and to engagein conciliation between parties facilitated by the Commissioner unders106(4).

4.1.3 Any proposed liquor licence conditions considered by Council as necessaryto be imposed on a specific application will be forwarded to the applicant,and to the OLGCalong with Council’s comments and relevant DevelopmentApprovals, The OLGC is then responsible for making a decision on eachapplication.

4.1.4 Adelaide Hills Council will fulfil its statutory duties under the LiquorLicensing Act without bias or favour to either the applicants or objectors.

4.1.5 Council officers will have regard to their corporate responsibilities under theCouncil’s Strategic Management Plan and other relevant documents whenexercising discretionary functions in relation to Liquor Licences underapplicable Acts.

4.1.6 Council will neither encourage nor discourage the lodgement of objectionsto the licensing authority by members of the public, and will provideimpartial (non-legal) advice about the licensing system within its level ofjurisdiction, to all parties if requested.

4.1.7 Prior to making a submission to the licensing authority on an application fora licence, the officer responsible for preparing the submission shall:


a) check that the notice of the liquor licensing application is completeand includes all the relevant details;

b) check that any required Council approvals have been issued, and thatthe proposal is compatible with any relevant conditions of suchapprovals/consent;

c) assess the effects, if any, of the proposal on any Council operationsor areas of corporate responsibility; and,

d) review it against the relevant development approvals issued for thesubject property.

4.1.8 Ensure that a submission to the licensing authority includes the followinginformation:a) advice on the level of compatibility between the proposal and existing

approvals and conditions of approval, and whether any additionalapprovals or consents are required from Council;

b) an objective assessment of the proposal;c) copies of objections received by Council, for regard by the licensing

authority; andd) where necessary, Council may request to intervene in the process

and seek a deferral of the hearing by the licensing authority to allowCouncil more time to consider and fully investigate a particularapplication or to allow time for the applicant to seek DevelopmentApproval from Council.

4.1.9 Council will forward a submission relating to a licensing application to thelicensing authority at least 7 days prior to the hearing date, with a copyprovided to the applicant as required by the Act. 4.1.10 Council willgenerally not support applications that seek to carry on liquor licensingactivities on Council land beyond 12 am, unless the applicant demonstratesthat the proposal will not have an adverse impact on adjoining residents orthere are existing conditions of Development Approval which permit this.

4.1.11 Where more than one limited is sought for events that are not approved asancillary activities (e.g. corporate functions, birthday functions, weddings) atthe same venue in a calendar year, then Council may require adevelopment application for change of use to be lodged. Where assessingstaff have determined that a change of use application is required, thenboth the Office of the Liquor and Gambling Commissioner and the applicantshall be advised that Council will not support any further applications until aDevelopment Approval for the change of use is granted, and the conditionsof that approval have been met or implemented.

4.2 Noise attenuation

4.2.1 Where noise is an issue, or is likely to become an issue, Council mayrequire one or more of the following noise attenuation techniques to beapplied as a condition of a liquor licence:a) limiting entertainment to be within buildings only;b) not placing loud speakers on the fascia of the premises, on balconies

or on any adjacent outdoor area or footpath;c) limiting use of outdoor areas;d) limiting live entertainment to acoustic rather than amplified music;e) installation of controls on the volume of in-house music systems

(which limit and monitor the volume of the system to ensure that amaximum internal noise level certified by the acoustic engineer is notexceeded);

f) treatment of openings (such as doors and windows) by using:i. airlocks;ii. seals and door closers for doors;


iii. sealing of wall and roof vents;iv. treatment of ventilation and air-conditioning paths;v. sealing or double glazing of windows;

g) upgrading roof construction to insulate sound emissions;h) ensuring that windows and doors are kept closed after 8:30pm,

subject to Building Code ventilation requirements.

4.3 Car parking

Note: The use of on-street car parking by patrons of licenced premises can causedisturbances to nearby residential properties due to loud voices, car doorsslamming, use of car horns, reckless driving and drunken and disorderly behaviour.Council may request conditions to be included in approvals to minimise suchimpacts on the locality of the licensed premises. Such conditions may include thefollowing:4.3.1 The behaviour of patrons of a licenced premises entering from, or leaving

towards, on-street parking areas close to residential uses should bemanaged by the licensee to ensure minimal disturbance for residential usesnearby.

4.3.2 Development applications for licenced premises should provide adequateoff-street car parking in accordance with the car parking and relatedprovisions of the Adelaide Hills Council’s Development Plan.

4.4 Use of public land associated with private land

4.4.1 The use of public land in association with a licensed premises located onadjoining private land (for example for outdoor dining or use of a balconyover a footpath) may be restricted through licence conditions in order tomitigate any negative impacts on road or footpath traffic flows, or residentialamenity in the locality.

4.4.2 The use of public land in association with a licensed premises located onadjoining private land may be restricted through imposition of conditionsrelating to reduced operating hours, where there is potential or actualnegative impact(s) on adjoining residential properties or the amenity of thearea, or where there has been a history of complaints related to thelicensed premises.

4.4.3 Where a proposed liquor licence on private land affects the use of afootpath, outdoor dining area, park or reserve, Council, as the landlord ofthe public areas, may condition, modify or revoke a licence as it affects thatpublic space.

4.5 Extended hours permits beyond 12 midnight

4.5.1 Council regards all licensed venues that trade beyond 12 midnight asrequiring special conditions to ensure that any impact on community safetyand local amenity is minimised. Council has identified a number ofpreferred management conditions for all licensed venues trading after 12midnight. These include:a) the presence of properly uniformed and licensed crowd controllers;b) a crowd controller supervising the dispersal of patrons up to one hour

after closure of the venue;c) venue not to engage in irresponsible service of alcohol (including

games);d) taxi and emergency services contact numbers to be prominently

displayed and access to a house or public telephone provided;


e) licensee attentive to cleaning requirements in the vicinity of the venue(i.e., within 400 meters).

f) .suggested trial arrangement for extended trading to the OLGC

4.6 Availability of food

Note: The Adelaide Hills Council encourages licensees to make food available topatrons wherever alcohol is served and consumed.

4.7 Other relevant policies

Note: This Policy should be read in conjunction with the Adelaide Hills Council’sDevelopment Plan, and Outdoor Dining, Management of Built Heritage, andRoadside Trading (Use of Public Road Verges for Business Purposes) Policies.

5 PROCEDURAL MATTERS

5.1 Notes:

The following types of Liquor Licences can be applied for under the Liquor Licensing Act1997:

1) Hotel licence;2) Residential licence3) Wholesale Liquor Merchant’s licence4) Retail Liquor Merchant’s licence5) Entertainment Venue licence6) Restaurant licence7) Producer’s licence8) Club licence9) Special Circumstances licence10) Limited licence11) Direct Sales licence.

To assess or monitor applications for the above licence types, Council has rights ofintervention, objection and complaints under the Liquor Licensing Act 1997.

New or existing licences may constitute a ‘change of use’ in which case a developmentapplication under the Development Act 1993 may need to be lodged with Council. Suchan application will require details such as proposed hours of operation, noise levels andcontrols, on site storage of refuse, etc. Please contact the Development ServicesAssistant on 8408 0558 if you have any queries regarding a Development Application orexisting use rights.

If liquor licence conditions are to be altered, changes may also be required to existingdevelopment approval conditions and a development application must be submitted to,and approved by Council in this regard prior to the liquor licence conditions being altered.

Standard conditions which may be applied to a Liquor Licence are detailed in Appendix 1.It should be noted that such conditions may be requested by Council, but are imposed bythe OLGC at the discretion of the Commissioner.


5.2 Transfer of Licence:

5.2.1 Where a Liquor Licence is to be transferred and no changes to existingLicence conditions are proposed, and no physical changes are required tobe made to the premises, including renovations or extensions, then Councilwill generally not seek to intervene in application proceedings before theLicensing Authority.

5.2.2 Where a Liquor Licence is to be transferred and physical changes arerequired, a Development Application must be lodged with and approved byCouncil. Any proposed changes to existing conditions of an existingDevelopment Approval will also require a development application to belodged with Council in order to amend these.

5.3 Change of Licence Type

5.3.1 Where a change in the type of a premise’s Liquor Licence is proposed, aDevelopment Approval from Council will be required before the licence ischanged.

5.4 Application for an ‘Entertainment on Licensed Premises’ Consent (s105)

5.4.1 An application for an ‘Entertainment on Licensed Premises’ Consent mayalso require a Development Plan Consent and/or Building Rules Consentwhere a change of land use or building classification is involved.

5.5 Limited Licences

5.5.1 An application for a Limited Licence to the OLGC must be accompanied bya Council approval – the application form is attached in Appendix 2. Suchan approval will consider such issues as:

the date, time, and duration of the event; the type of event; likely noise levels; likely patron behavior; disposal of refuse; security arrangements; and, general impact on the amenity of the locality.

Note: It is always wise to check with Council or the OLGC on how long yourapplication will take to process, to ensure that it is issued prior to the event beingheld. Applicants are advised to submit their applications at to the OLGC andCouncil at least 60 days before the proposed event.

5.6 Outdoor Cafes

Note: Under the Local Government Act, 1999 Council may grant a permit tooperate an outdoor café on a portion of a public street, road verge or place for thesupply of food and drink. Such a permit does not constitute Council approval for aLiquor Licensee to serve liquor in an outdoor café area. A separate approval for aliquor licence must be obtained from the OLGC for such sales.


6. COMPLAINTS

Council may make a complaint to the Licensing Authority where a liquor licensing relatedactivity causes undue noise, or the behaviour of persons making their way to or fromlicenced premises, is unduly offensive, annoying, disturbing or inconvenient to nearbyresidents, workers or worshippers. The Licensing Authority’s Commissioner will thenattempt to conciliate between the parties in order to reach a settlement. If a settlement isnot possible, the application will then proceed to a contested hearing, either before theCommissioner or the Court.

If a complaint is received by Council on behalf of a member of the public, then thecomplaint will be investigated to determine if there has been a breach of DevelopmentApproval conditions or if noise issues may need to be addressed. Where a furthercompliance investigation is required (e.g. to address noise issues), consultation with theOLGC will occur. Where no Development Approval breach has occurred, Council willnotify the complainant that their complaint should be directed to the OLGC as the relevantauthority, and not Council.

7 DELEGATIONS

Pursuant to section 69 and 76 of the Liquor Licensing Act, 1997 the ability to makesubmissions, representations and objections to a licensing authority in respect to a liquorlicensing application are delegated to the Chief Executive Officer, the Director Strategy &Development, Manager Development

Services, Team Leader Statutory Planning, Senior Statutory Planner, Statutory Planner,Manager Engineering & Assets, Building Management Officer, Director CorporateServices, Manager Health & Regulatory Services

8 ATTACHMENTS

Appendix 1: Liquor Licensing - Standard ConditionsAppendix 2: Application to Council for a Limited LicenceAppendix 3: Application for Council Approval – no sale of liquor or exchange of monies

Appendix 1Liquor Licensing Standard Conditions

Liquor Licensing Policy Appendix 1 – Liquor Licensing Standard Conditions

1.0 STANDARD LICENCE CONDITIONS – NON-NEGOTIABLE

Note that this is a comprehensive list of the standard conditions that Council mayrecommend be inserted in an approval issued by the OLGC. However, not all conditionswill apply to specific applications and only those required will be inserted into Council’srecommendation to the OLGC. Also note that Council may add additional non-standardconditions as considered appropriate.

1.1 Minimising impact of noise and spill-out of noise

1.1.1 There shall be no loudspeakers placed on or in the fascia of the premises,balcony or in any adjacent outdoor area or footpath.

1.1.2 Noise attenuation measures should achieve the following, when assessedat:

(a) the nearest existing noise sensitive location in or adjacent to thatzone at the date of the application to the Licensing Authority:

(i) music noise (LA10, 15 min2) shall be less than 8 dB above thelevel of background noise (L90,15 min) in any octave band of thesound spectrum; and

(ii) music noise (LA10, 15 min) shall be less than 5 dB(A) above thelevel of background noise (LA90,15 min) for the overall (sum ofall octave bands) A-weighted levels; and

(b) where located within District, Neighbourhood, Local or Town CentreZones, at the nearest envisaged future noise sensitive location in oradjacent to that zone at the date of the application to the LicensingAuthority:

(i) music noise (LA10, 15 min)shall be less than 8dB above thelevel of background noise (L90,15 min) in any octave band of thesound spectrum and music noise shall be (L10, 15 min) lessthan 5dB(A) above the level of background noise (LA90,15 min)for the overall (sum of all octave bands) A-weighted levels; or

(ii) music noise (LA10, 15 min)shall be less than 60dB(Lin) in anyoctave band of the sound spectrum and the overall (LA10,15min) noise level is less than 55 dB(A).

1.1.3 All external doors and windows are to be closed when the “in-house” soundsystem is in use (other than for playing low level background music), liveentertainment is being undertaken or a jukebox is available for use, subjectto the ventilation requirements of Part F of Volume 1 of the Building Codeof Australia being adequately addressed. Changes required to satisfy theBuilding Code of Australia may require a development application to be

2 LA10 is the level exceeded for 10% of the time. For 10% of the time, the sound or noise has asound pressure level above L10. For the rest of the time, the sound or noise has a soundpressure level at or below L10. These higher sound pressure levels are probably due tosporadic or intermittent events.LA90 is the level exceeded for 90% of the time. For 90% of the time, the noise level is abovethis level. It is generally considered to be representing the background or ambient level of anoise environment.The ‘A’ indicates an ‘A’ weighted decibel, which approximates to the frequency sensitivity ofthe human ear.


lodged with Council in order to seek Development Approval. For furtherinformation, please contact Council’s Development Assessment Section on8408 0558. In the interests of safety all external doors and windows arerequired to be closed, not locked.

1.1.4 Loudspeakers should be directed away from the entrance to or exit fromthe premises.

1.1.5 Late night premises (in particular premises providing entertainment) shouldprovide approved crowd controllers at a minimum rate of one approvedcrowd controller per 100 patrons to control patrons:

(a) inside the licenced premises;

(b) approaching or leaving those licenced premises;

(c) within outdoor dining areas.

Desirably, crowd controllers, where required, will be in place at least 30minutes before the start of the event.

1.1.6 Licensees or their approved crowd controllers for late night licencedpremises (in particular premises providing entertainment, but excludingrestaurants) shall manage queuing of patrons parallel to the building, withthe queue sited to maintain minimum 1.8 metre footpath clearance forpedestrians, to enable orderly queuing and pedestrian movement.

Note: Achieving a queue clearance distance of 1.8 metres may have implicationsfor any outdoor dining area and permit approved under the Local Government Act.

1.1.7 The Licensee shall at all times have displayed at all exits from the premisesclearly visible and legible to persons leaving the premises, signs in the formof, or like: “Please Leave These Premises As Quietly And Quickly AsPossible So As Not To Disturb Nearby Residents” (wordingnegotiable/condition negotiable for restaurants/does not apply to dedicatedfire exits).

1.2 Restaurants Only – ensuring entertainment is ancillary

1.2.1 The premises shall be used primarily as a licenced restaurant with mealsbeing available to patrons at all times when the premises are open to thepublic. Any entertainment is to be ancillary to this primary use.

1.2.2 No advertisement or promotion of the premises for or on behalf of thelicensee shall use the words “DJ”. “disc jockey”, discotheque, “disco”,“nightclub”, “dance club”, “rock band venue”, “karaoke”, “recovery”, “rave”,“bar”, “tavern”, “inn” or “pub”.

2.0 STANDARD LICENCE CONDITIONS - NEGOTIABLE

2.1 All Licenced Premises – reducing disturbance and maintaining residentialamenity

2.1.1 The premises or entertainment to take place within the premises shall notbe advertised or promoted by the licensee or any of its entertainers by wayof posters or other advertising material fixed to, attached to, or marked onany Council property without the prior authorisation of the Adelaide HillsCouncil, or on any property or structure without the authorisation of the


relevant State Government agency or infrastructure provider, or any privateproperty without the authorisation of the landowner.

2.1.2 Operators should ensure that the public areas immediately abutting thepremises are kept clean and tidy. Removal of rubbish including cigarettebutts, papers, bottles etc should be carried out at regular intervals by theoperator.

2.1.3 To reduce disturbance to residents and hotel guests, the movement ofgarbage and refuse (including empty bottles and cans) from inside thepremises to outside storage bins or areas should not occur:

a) after 10.00pm; and

b) before 9.00am Monday to Saturday or before 10.00am on a Sunday or aPublic Holiday.

Movement of waste (other than cans/bottles or other waste, movement with arisk of undue noise) from inside to outside the premises can occur outsidethese hours provided noise is minimised.

2.1.4 To reduce disturbance to residents and hotel guests, garbage or refuse(including empty bottles and cans) is not to be available for collection bywaste disposal or similar operators:

a) after 10.00pm; and

b) before 9.00am Monday to Saturday or before 10.00am on a Sunday or aPublic Holiday.

2.1.5 The licensee shall at all times have displayed (at all staff exits and in thegarbage storage area) clearly visible and legible signs in the form of, or like”Bottles and cans are not to be taken outside the premises, and garbage isnot to be collected by waste operators (other than by Council or itsoperators), after 10pm or before 9am (10am Sunday/Public Holiday.).Movement of other waste from inside to outside the premises after 10pmshould occur quietly” (wording negotiable).

2.1.6 Where appropriate, the operator shall provide and maintain butt-out bins inand around the premises for patrons’ use, including emptying such binswhen full and maintaining such bins to an acceptable standard. For furtherinformation in this regard, please contact Council’s Environmental HealthOfficer.

2.2 Restaurant only conditions

Ensuring entertainment is ancillary to the primary function of the venue

2.2.1 Entertainment shall be limited to solo artists, two piece jazz bands orsimilar.

2.2.2 Entertainment shall not include any disc jockey or karaoke type activities.

2.2.3 Any entertainment provided shall not:

a) be advertised or promoted to the general public in any fashion whichpromotes the premises as an entertainment venue;

b) incur a door charge whereby monies are collected from persons asthey enter the premises;


c) result in queuing at the front of the premises by persons waiting togain entry.

2.3 Limited licensing conditions

Street Parties and Other Special Events

2.3.1 The Licensing Authority may grant limited licences for special events thatrequire a variation to the standard licence conditions. Council has theopportunity to comment in these instances.

2.3.2 Council will generally seek hours of operation and conditions for limitedlicences that are in keeping with the standard hours of operation. Only inexceptional circumstances will operating hours outside of these standardhours be agreed for street parties and special events.

2.3.3 In some circumstances, non-negotiable conditions may be waived inrespect of street parties and special events where Council considers thatthere is likely to be no detrimental impact on the desired character of thelocality.

2.4 Other conditions

Noise Attenuation

2.4.1 Conditions limiting levels of noise emanating from premises are standardand non-negotiable. Listed below are suggested ways for Licensees toattenuate noise emanating from their premises, any or all of thesetechniques will assist in adhering to the noise level limits that are acondition of any liquor licence. Where noise levels are an issue, Councilmay seek to have one or more of these noise attenuation techniquesincluded as a condition of a liquor licence:

a) installation of an in-house music system which has a limiting devicethat monitors and controls the volume of the system so that themaximum internal noise level certified by the acoustic engineer is notexceeded;

b) treatment of openings, through the use of airlocks and seals fordoors, sealing of wall and roof vents and treatment of ventilation andair-conditioning paths;

c) acoustic treatment of building elements, such as sealing and doubleglazing of windows or upgrading the roof construction;

d) no entertainment on or in any balcony or outdoor area;

e) no loud speakers placed on or in the fascia of the premises, balconyor any adjacent outdoor area or footpath;

f) external windows and doors are kept closed when live entertainmentis taking place subject to ventilation requirements of part F of volume1 of the Building Code of Australia being adequately addressed;

g) locating and designing entrances and fencing to assist in keepingpatrons away from noise sensitive areas;

h) locating car park, delivery and rubbish collection areas away fromnoise sensitive development and limiting times of activity in theseareas to minimise noise impacts;


i) limiting the type of entertainment provided (e.g. no rock or technobands);

j) provision of air locks and door closers;

k) the setting of internal noise limits together with a requirement formanagement to possess a decibel notch filter in order to ensure thatnoise levels are not exceeded;

l) In those instances where doors and windows are to be permanentlyclosed and mechanical ventilation is required, it may be necessary tolodge a development application to seek Development Approval toundertake any required building works.

Note: Non-negotiable noise conditions may be applied where existing noisesensitive land uses are located in the vicinity of the premises applying for a licenceat the date of the application to the Licensing Authority. Such noise sensitive landuses include dwellings, hospitals, nursing homes and other residential development.Where such developments are proposed in the vicinity of the approved licensedpremises, they are required to incorporate noise attenuation measures to meet thelevel of noise permitted to be generated by a licenced premise’s liquor licensingconditions.

Appendix 2Application for Council Approval

for a Limited Licence

APPLICATION FOR COUNCIL APPROVAL FOR A LIMITED LICENCEwhere alcohol is being sold and served

To the Attention of:

Executive AssistantStrategy & Development

Fax No: 8389 7440

E-mail: [email protected]

Mail: Adelaide Hills CouncilPO Box 44WOODSIDE SA 5244

Instructions: fill in all spaces using clearly readable block letters

Applicant:

I, (in block letters please) …………………………………………………………………………………..

on behalf of: …………………………………………………………………………………..

On this date: ………………../………………./ 20…….

The Event:

seek written approval fromCouncil for:

…………………………………………………………………………………..

…………………………………………………………………………………..

event to be held on: ………/……………/ 20……... Day of Week: ………………………….

at:(venue address)

site plan required:

…………………………………………………………………………………..

Yes/No – (refer to Note 1 overleaf)………..………………………………..

to start at: ………………… am/pm and finish at:………………………..am/pm

maximum number of guests: ………………………………………………………………….…...................

description of music/liveentertainment to be provided:(e.g., concert, band, singer, etc)

…………………………………………………………………….....................

……………………………………………………………………………….…..(State whether this will be amplified or acoustic – refer to Note 2 overleaf)

number of toilet facilities at venueand provision of additional toilets:

M F Disabled Portable (refer to Note 3 overleaf)

Type of Limited Licence(tick one only)

the sale of alcohol

temporary extension of trading rights under current licence

consumption of or supply of alcohol on regulated premises (with nosale of alcohol)

Please forward Council approval direct to the Liquor Licensing Commission.

Applicant Contact details:

Telephone: Home: ……………………..……... Work: ………………………................

Mobile: ……………………….......... Fax: ………………………................

Address: …………………..........................................................................................

…………………..........................................................................................

E-mail: ………………………...................................................................................

Applicant’s Signature: ………………………...................................................................................

NOTES

Note 1 Site Plan

A site plan will need to be provided where an event requires additional carparking and structures to be erected (e.g., stage, marquee, toilets, etc) in orderfor Council to assess the possible impacts of the event on neighbouringproperties.

Note 2 Music/Entertainment

If the music/entertainment is to be amplified, please provide a plan showing thelocation of the stage and direction of the speakers.

Note 3 Provision of Toilets

If there are insufficient toilets on site for the number of guests expected toattend, there will be a requirement for additional toilets to be hired. Pleasecontact the Executive Assistant, Strategy & Development, for clarification.

Appendix 3Application for Council Approval where

alcohol is served without charge or entry fee

APPLICATION FOR COUNCIL APPROVAL FOR AN EVENTwhere alcohol is served without charge or entry fee

For the Attention of:

Executive AssistantStrategy & Development

Fax No: 8389 7440

E-mail: [email protected]

Mail: Adelaide Hills CouncilPO Box 44WOODSIDE SA 5244

Instructions: fill in all spaces using clearly readable block letters

Applicant:

I, (in block letters please) …………………………………………………………………………………..

on behalf of: …………………………………………………………………………………..

On this date: ………………../………………./ 20…….

The Event:

seek written approval fromCouncil for:

…………………………………………………………………………………..

…………………………………………………………………………………..

event to be held on: ………/……………/ 20……... Day of Week: ………………………….

at:(venue address)

…………………………………………………………………………………..

…………………………………………………………………………………..

to start at: …………………… am/pm and finish at:………………………..am/pm

maximum number of guests: ………………………………………………………………….….....................

description of music/liveentertainment to be provided:(e.g., concert, band, singer, etc)

……………………………………………………………………......................

……………………………………………………………………………….…..(State whether this will be amplified or acoustic – (refer to Note 1 overleaf)

number of toilet facilities at venueand provision of additional toilets: M F Disabled Portable (refer to Note 2 overleaf)

I advise that there will be no sale of alcohol at this function and no exchange of monies has takenplace or will take place, and that all information I have provided on this form is accurate.

Applicant Contact details:

Telephone: Home: ……………………..……... Work: ………………………................

Mobile:……………………….......... Fax: ………………………................

Address: …………………..........................................................................................

…………………..........................................................................................

E-mail: ………………………...................................................................................

Applicant’s Signature: ………………………...................................................................................

NOTES

Note 1 Music/Entertainment

If the music/entertainment is to be amplified, please provide a plan showing thelocation of the stage and direction of the speakers.

Note 2 Provision of Toilets

If there are insufficient toilets on site for the number of guests expected to attend,there will be a requirement for additional toilets to be hired. Please contact theExecutive Assistant, Planning & Development Department, for clarification.

Documents

AHC COUNCIL POLICY - Adelaide Hills Council Policies and... · Other Relevant Policies: ... Strategic Planning & Development Policy ... and the role of licensed premises in various