The responsibility for licensing, liquor (alcohol) and gaming (gambling) laws is with the states and territories of Australia. These laws are in place to address the increasing harm caused to the community by excessive drinking and gambling. Governments also rely heavily on the revenue that these industries generate.

Each state and territory government has ensured that the liquor and gaming industries are highly regulated. These laws apply to you if you are a sole venue, a group of licensed venues or if you want to hold an event. If you want liquor or gaming to be lawful at your venue you will need to make sure you have the correct licence and comply with all the relevant laws.

If you are setting up a business you must factor the community’s best interest into your planning application. If you are already running a business then you need to make sure you understand exactly what your licence allows you to do and how other liquor and gaming laws apply to you.

Laws relating to the alcohol and gaming industries impact businesses such as:

• hotels;
• licensed clubs;
• gaming lounges;
• licensed restaurants;
• BYO cafes;
• staged events; and
• theme or tourist parks.

Independent authorities are responsible for the administration of liquor and gaming laws in each state and territory. They have a range of responsibilities including:

• ensuring that current law reflects the government’s policies;
• monitoring compliance with relevant laws and regulations;
• taking strong enforcement action where required; and
• minimising the harm caused to our society through the supply of liquor and gambling.

People or businesses who do not comply with the law or who fail to make a genuine effort to meet the required standards can face significant penalties. These will be different in each state and territory but generally include a combination of a fine and a licence cancellation.

While state and territory governments have primary responsibility for this area of law the Commonwealth government has recently taken more of an interest due to concerns about the negative impact on our community. For example it has recently made internet gaming illegal.

This Legal Guide on Licensing, Liquor & Gaming provides regulators, businesses and people involved in the hospitality, liquor and gambling industries with information about how the different licences and certificates operate. It sets out the process for questioning or appealing a licensing decision and complaining about a breach of or dispute about licence conditions. It also outlines the circumstances in which community groups will need to apply for a liquor licence prior to holding an event. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.