Things to consider before applying - Restaurant and cafe

It's a condition of restaurant and cafe licences that the use of the licensed premises does not breach the planning scheme under the Planning and Environment Act 1987.

Applicants are required to provide a copy of the following information with their application:

• A planning permit; or
• A copy of an application for a planning permit; or
• Evidence that a planning permit is not required to supply liquor as allowed for by the licence type you are applying for. This evidence may be a letter from the local council (or responsible planning authority) or a copy of the relevant planning scheme.

This ensures that the activities undertaken are consistent and appropriate for that area. For example, a licensee cannot operate a night club in an area where night club activity is not permitted under the local planning zone restrictions.

Contact your Local Government Authority for information about obtaining a planning permit.

Licensees must:

• ensure tables and chairs are available for at least 75 per cent of patrons attending the premises at any one time, and
• not permit the live performance of music or the playing of recorded music on the premises at higher than background level at any time outside ordinary trading hours.

Additional approvals may be given for kerbside trading and off-site catering.

Licensees can also supply a limited amount of packaged liquor, with a meal, by takeaway or home-delivery, providing they notify us before they commence this activity.

Liquor can only be supplied by takeaway or home-delivery in sealed containers, bottles or can during ordinary trading hours (until 11pm). The packaged liquor must:

• be supplied together with takeaway or home-delivered meals intended for adult consumption that are prepared on the licensed premises
• not be more than:
  
  • 750 millilitres, in the case of wine
  • six containers of not more than 375 mililitres each, in the case of beer, cider or pre-mixed spirits.

We will provide advice on how to give us notice that you intend to supply liquor by takeaway or home-delivery if your application for a restaurant and cafe liquor licence is granted.

Authorised trading hours for a restaurant and cafe licence are:

• 7am to 1am the following morning, Monday to Saturday (excluding ANZAC Day and Good Friday)
• 10am to 1am the following morning,  on Sunday
• Noon to  1am the following morning, ANZAC Day and Good Friday.

To trade until 1am you must comply with certain restrictions and requirements, please see our 1am trading hours webpage to understand how you can trade to 1am under this licence.

Applicants may also apply for additional trading hours.

For a licence to be issued, the applicant must have the right to occupy the premises. You will need to provide a declaration of your right to occupy the premises:

• once the lease agreement has been executed, and/or
• settlement has occurred for the sale of the property, and/or
• you have otherwise acquired the legal right to occupy the premises (i.e. you are the freehold owner of the premises, the Certificate of Title is in your name or your name is on the executed lease agreement, etc).

One of the following documents is required to determine a maximum patron capacity:

• the most recently issued planning permit which contains a maximum patron capacity, or
• a copy of an occupancy permit showing a prescribed patron capacity, or
• a report from a registered building surveyor.