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.

Ordinary trading hours for a restaurant and cafe licence are:

• 7am to 11pm, Monday to Saturday (excluding ANZAC Day and Good Friday)
• 10am to 11pm on Sunday
• Noon to 11pm, ANZAC Day and Good Friday.

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.