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

From: Liquor licences issued to Australian schools

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)
  1. aThe table includes corresponding sections (s/ss), rules (r), parts (Pts) and schedules (Sch) of the primary and subordinate legislation to which the requirements refer
  2. bIn the last five years, there have been changes to liquor licensing legislation in NSW, Queensland and WA. The data in this study precedes the changes in NSW and Queensland but not in WA where the legislation changed in 2011
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