Liquor licencing

Section 39 or 55 certificate - Local Government Health

A certificate issued by a Local Government under section 39 of the Liquor Control Act 1988 confirms that the premises, or proposed premises, complies with all the relevant requirements under the Health Act 1911, the Food Act 2008, any written law relating to the sewerage or drainage of that premises under the Local Government Act 1995, and the Local Government (Miscellaneous Provisions) Act 1960. 

Local governments are able to condition Section 39 certificates if a premises has outstanding work to be completed or withhold the certificate until the premises has been made to comply. Local governments may also impose conditions requiring that music must not be amplified over a specified level. 

Details of Application 

To obtain a Section 39 or 55 Certificate the applicant must submit the following information: 

• Application form (see Related Information below) 
• A detailed site plan demonstrating the location of premises to be licensed. 
• A detailed internal layout plan of the premises, demonstrating the area of the premises to which the liquor licence will apply. 
• Fee for Section 39 or 55 Certificate - $130 

Section 40 certificate - Local Government Planning 

Section 40 of the Liquor Control Act 1988 requires a certificate from the local authority to be submitted for the grant or removal of a licence, or for a change in this use or condition of any premises, unless otherwise determined. 

A Section 40 Certificate is required to state that the proposed use of the premises is consistent with the current planning approval affecting the property. 

What is the process? 

The allocated officer will review the current approved use of the site, to ensure the applicant is operating an approved or permitted use on the site. Should it be identified that the premises does not have the appropriate planning approvals, the applicant will be advised that an Application for Development Approval (or DA) will be required to be submitted. A Liquor License Section 40 Certificate cannot be issued until the appropriate development approvals is granted for the site. 

Details of Application 

To obtain a Section 40 Certificate the applicant must submit the following information: 

• Completed application form (see Related Information below) 
• Completed certificate (see Related Information below) 
• A detailed floor plan demonstrating the location of premises to be licensed 
• Fee for Section 40 Certificate - $73.00