Table 1 Licensing legislation (Acts and Regulations) and requirements, that apply to schools, for each Australian state and territory^a,b

STATE / TERRITORY

New South Wales

Victoria

Queensland

Western Australia

Relevant Liquor Legislation

Liquor Act 2007 [16] and Regulations 2008 [39]

Liquor Control Reform Act 1998 [17] and Regulations 2009 [40]

Liquor Act 1992 [18] and Regulations 2002 [43]

Liquor Control Act 1988 [21] and Liquor Control Regulations [42]

Title of permit/licence applicable for school-related events

Limited licence[16] (s 36, [39] r 3)

Temporary limited licence[17] (s 14)

Community liquor permit[18] (s 103C)

Occasional liquor licence[21] (s 59)

Circumstances when licence/permit required

Sale or supply of alcohol at functions [16] (ss 36(1)(a)(ii), (2))

Alcohol sold for immediate consumption or as a fundraiser [17] (ss 14, 26)

Sale and consumption of alcohol at events run by ‘community organisations’ on ‘temporary or one-off basis’.Since 2013, only applicants for ‘high risk’ events are required to describe the license setting and provide an event management plan. [18] (ss 107B–D, [43])

Sale of alcohol at a function, or series of functions, over period up to 21 days, generally for immediate consumption.Applies also to provision of alcohol paid for by ticket or entry fee. [21] (s 59(1))

Exemptions from requirement for permit (that applies to some of the data used in this research study)^b

Since March 2015, non-profit organisations may hold up to 6 ‘fundraising’ functions per year without permit. [16] (s 6(5), [44])

Alcohol provided free of charge or raffled.[17] (s 136(1), [45])

Since 1 July 2013, permits no longer required for ‘fundraising’ events run for the benefit of ‘the community’, including raffles in which liquor is ‘part of the prize’.[18] (ss 13–14, [43])

Since 16 July 2011, licence no longer required for ‘small occasional functions’ (fewer than 100 attending - served for up to 2 h - or fewer than 75 - served for up to 4 h) provided they start after 6 am and finish by 10 pm. [42] (r 8A), [46].

Restrictions associated with permit/licence

Alcohol consumed on premises, sold in open containers. For exempt (fundraising) functions, food and free water must be provided, single bar operating, service limited to 4 h. [16] (s 6(5), 38(1))

Maximum of 6 one-off events or ‘season’ of three months or 12 market stalls in a year.[17] (ss 14(1)–(1B))

For exempt functions, at which consumption of alcohol is ‘ancillary’ to purpose, must be sold in open containers, over 8 h only (not before 7 am or after midnight).[18] (s 13(b)-(c))

Service of alcohol must be ‘ancillary’ to purpose of the event. All events must be supervised by a certified ‘Approved Manager’ and all bar staff must hold a RSA certificate.[42] (r 8A).

Cost of permit/licence $ (at August 2015)

Single function - $80 online/ $150 paper-based. Multi-function - $500 application and $100 base annual fee thereafter plus variable charge.[39] (Sch 1)

$56.80 (if no other liquor licence held - $105.30 otherwise).[40] (Pt 5)

$62.20 per day (unless exempt).[41] (Sch1)

Varies according to numbers attending: $107 for up to 500 people, $219 for 501–1000, $1098 for up to 5000, $2197 for 5001–10,000, $4401 for over 10,000 people.[42] (Sch 3)

STATE / TERRITORY

South Australia

Tasmania

Northern Territory

Australian Capital Territory

Primary Liquor Legislation

Liquor Licensing Act 1997 [22] and Regulations [47]

Liquor Licensing Act 1990 [22] and Regulations [48]

Liquor Act 2012 [20]

Liquor Act 2010 [19] and Fee Detemination 2016 [49]

Title of permit/licence applicable for school-related events

Limited licence - sale of liquor[22] (s 41)

Special permit[22] (s 15)

Special Licence and ‘Continuing Special Licence’[20] (s 57)

Liquor permit (non-commercial) [19] (ss 47, 49)

Circumstances when licence/permit required

Sale or supply of alcohol at a ‘special occasion’ or series of such occasions (of 1–30 days duration, but authority may extend ‘in special circumstances’).[22] (s 41(1), (2))

Sale of alcohol on a one-off or intermittent basis, at functions in unlicensed premises, including where just an entry fee is involved [22] (ss 3, 15)

Sale or supply of alcohol at functions run by community organisations.

Sale of alcohol for consumption on or off premises (by non-profit organisation), according to permit - may be related to designated (possibly recurring) event [19] (s 49)

Exemptions from requirement for permit

Alcohol served free of charge, provided this is not attached to cover charge, meal cost or ‘donation’. Won in raffle etc. [22] (ss 4, 29, 129)

Alcohol provided free of charge or BYO, or as component of hamper not consumed on premises. [22] (ss 3, 5)

Private functions where alcohol served free of charge [20] (s 4)

Private function with fewer than 30 attending [19] (s 12(2))

Restrictions associated with permit/licence

Repeated requests for a limited licence may lead to denial of such a licence and diversion to another form of licence.[22] (s 41(5))

Sale of alcohol must be ancillary to purpose of event [48]

Alcohol consumed on permitted premises. Where functions involve minors, only wine and low-alcohol beer, and service restricted to two hours in late afternoon (conditions at the discretion of the D-G and Minister).[20] (ss 59, 59A)

Cost of permit/licence $ (at August 2015)

$79 per function per day, but may be waived if function is held for charitable or community benefit, extending beyond members of organisation itself. [47] (Sch 3)

Four categories: Annual permit ($392.60), 6 month permit ($196.30), permit valid for 4–30 days ($166.10), permit valid for less than 4 days ($60.40) [48] (Sch 1)

$20 for Special Licence, Continuing Special Licence and renewal of Special Licence (no published regulation stipulating fees) - https://nt.gov.au/industry/hospitality/liquor-licence-fees)

$45 (retail value of liquor sales less than $2070) or $159 (liquor sales over $2070) [49] (Sch 1)