All applications for a new liquor licence or other significant applications are subject to a public consultation process. During this process, a person or organisation may wish to make an objection to an application.
The Liquor Act 1992 is consultative in its approach to the granting, renewal and amendment of liquor licences and permits.
Statutory provisions ensure the widest possible opportunity for input is provided to anyone who might be affected by the operation of a liquor licence or permit. This includes offering the chance to people who live, work or do business in the area to object to applications.
The objections process is designed so the public, police and council can have their say on applications that may impact on the amenity of the local area and affect the lives of people living around the premises.
Applications which are required to be advertised include:
The advertising notice outlines the details of the application and where public objections can be lodged. The applicant must place the advertising notice twice in a local newspaper and once in the Queensland Government Gazette, as well as displaying a sign outside the premises for at least 28 days. The sign is usually at least 60cm by 90cm and its wording is specified by the Division and is identical to the newspaper advertisement.
Objections can only be made if the granting of a licence or application would:
Please note, objections are not confidential and copies will be given to the applicant. This provides the applicant with the opportunity to respond to any concerns during the objections conference.
* For objections relating to Adult Entertainment Permits (AEP) see section below.
Objections can be lodged by anyone over the age of 18, either individually or as a group by way of petition.
To lodge an objection you must have:
When lodging an objection you must clearly state the grounds for your objection. (see above section on Grounds for objections).
Objections can be a:
Objections must be in writing and submitted within the advertised timeframes for objections. It is important to note that objections received before the advertising period or after the closing date are invalid.
Objections need to be about a direct impact on the objector relating to:
Objectors must be careful not to confuse general public interest issues with the direct impact upon them. Public interest submissions can be made - refer to information below.
If an objection is invalid it may not be considered in the decision to grant or refuse the application.
Invalid objectors will have no rights to:
All objections go to the licence applicant. The applicant then has a chance to consider the objections and may choose to alter their application or negotiate with the objectors.
If objections are received, an objections conference is held and is an opportunity for the objector/s and the applicant to get together and informally discuss any concerns. To read more about the objections conference process, please see the Objections Conference fact sheet.
The Chief Executive will consider the objections when deciding whether the application should be granted.
Anyone who was party to a decision has the right to appeal that decision to the independent Commercial and Consumer Tribunal, including the applicant and valid objectors. This means that either the objector or the applicant has the right to appeal.
A new licence application will be publicly advertised. The public then has 28 days to submit a valid objection. The objections will then be processed and considered.
The Division's processing times may vary due to a number of issues, including the number of objections received, the nature of the objections and the applicant's right to respond to objections.
Objections to AEPs can only be made if:
Objections lodged in the form of a petition will be disregarded unless it conforms to the specified format:
1. Each sheet of the petition must have an identical heading clearly stating:
· the name of the head petitioner (this is the person with whom all contact between the Chief Executive and the signatories to the petition will be made)
· the contact number of the head petitioner
· name of the premises that the petitioners are objecting to
· reason/s for the objection.
2. Each signatory must add particulars of his or her connection with the locality to which the application relates. For example, advise whether you reside, work or do business in the area.
Click here to download the petition template.
A member of the public may also make a separate written submission to the Chief Executive as to whether the liquor licence is in the public interest in the locality to which the application relates.
However, the lodgement of a public interest submission does not provide you with a right of appeal to the Commercial and Consumer Tribunal. You have merely provided information for the Chief Executive to consider.
For more information on lodging an objection or a public interest submission, telephone 13 13 04.
Making a complaint about a licensed premises
Last updated 20 June 2008.
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© The State of Queensland (Queensland Treasury) 2008.