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Liquor Licensing Lawyer Sydney

Liquor licensing and gaming laws in New South Wales govern the regulation and control of the sale and consumption of alcohol and the operation of gaming machines within the state.

These laws are designed to promote public safety, minimise harm associated with alcohol consumption and gambling and provide a fair and transparent framework for businesses and individuals involved in these industries. Navigating these laws, however, can be particularly complex for businesses and individuals operating in the industry. With strict compliance obligations, coupled with a range of other legal challenges, being guided by dedicated professionals with a depth of legal and industry knowledge is invaluable.

SlaterWatts Lawyers speciality lies in the liquor licensing and gaming industry, and we have over 30 years of experience in this niche area of law. We have helped numerous hoteliers, landlords, tenants, and businesses across a broad range of liquor licensing and related transactions, and day-to-day legal issues and challenges.

We offer Liquor Licensing & Gaming Law expertise in the following areas:

 

  • Strategic advice on the future of the liquor industry
  • Commercial leasing (hotel/restaurant/hospitality and retail leases)
  • Interpretation of contentious leases and leasing disputes
  • Defence of licensees and hospitality employees for infringements under the Liquor Act and Gaming Machines Act
  • Appearing for all types of licensed premises in complaint proceedings
  • Drafting applications under the Liquor Act and Gaming Machines Act and associated regulations
  • Commercial advice on all aspects of sale and acquisition of licensed premises including hotels, restaurants, cafes, small bars and bottle shops;
  • Preparing submissions (objections) opposing a Council development application and liquor licence applications; and
  • Representing clients in relation to complaints and offences.
  • Drafting gaming plans of management and liquor plans of management;
    • Advice regarding the various types and conditions of liquor licences for hotels, registered clubs, restaurants & café’s, small bars, catering licences, bottle shops, event organisers, wineries and breweries and associated authorisations;
    • Advice on licensing requirements and applications for all types of liquor licences including new liquor licences approvals, extended trading authorisations and Community Impact Statements, change of licensed boundaries, change of licence conditions, primary service authorisations and associated applications;
    • Advice on gaming related applications including transfers, sales and acquisitions, increasing gaming machine thresholds, local impact assessments, gaming requirements and operational matters;
    • NCAT Reviews and Supreme Court Appeals on Licensing decisions;
    • Licensing and gaming related litigation;
    • Applying for development consent and development modifications to support the operation of licensed premises;
    • Liaising with local council and Liquor & Gaming NSW and other relevant bodies to expedite the approval of liquor licensing applications.

    Regulatory Authorities

    The sector is regulated by the Independent Liquor and Gaming Authority (ILGA) and the Liquor & Gaming NSW (L&GNSW). These authorities monitor and enforce compliance to maintain the integrity and reputation of the liquor and gaming industries in NSW. The ILGA oversees the granting, renewing, and regulating of liquor licences, ensuring compliance with relevant laws and regulations. The L&GNSW ensures that gaming operations are conducted fairly, transparently, and in compliance with the law.

    Liquor Licences

     The liquor licensing framework in New South Wales encompasses a spectrum of licence categories tailored to different establishments, namely:

    • Small bar
    • Microbrewery/small distillery
    • On premises (including restaurant, café or catering, surf club)
    • Club
    • Hotel
    • Producer/wholesaler
    • Packaged (bottle shop)
    • Limited (events and Surf club)

    Each type of licence has specific conditions and restrictions, depending on the type of establishment and the intended mode of operation. For example, a packaged Liquor Licence permits a bottle shop to sell packaged liquor for consumption off the premises, however it is not permitted to sell liquor for consumption on the premises – it can only offer tastings.

    Obtaining a liquor licence involves a comprehensive application process, which includes demonstrating the suitability of the premises and management, as well as meeting specific advertising and community consultations requirements and responsible service of alcohol and harm minimisation. The ILGA assesses each application based on the premises’ location, trading hours, capacity, and potential social impact on the local community and broader community. In addition, the businesses staff must undergo Responsible Service of Alcohol (RSA) training and adhere to the guidelines to prevent alcohol-related harm and promote responsible consumption of alcohol and where applicable responsible conduct of gaming (RCG) training.

    Licensees are required to comply strictly with the conditions of their development consent and liquor licence, including trading hours, noise regulations, and responsible service practices. The L&GNSW, Council and Police conducts regular compliance checks and may impose penalties or revoke licences for serious breaches.

    We can help you to identify and apply for the appropriate liquor licence for your business, advise on the relevant laws and compliance requirements, provide guidance to minimise risk, and assist in responding to offences under the Liquor Act or other regulations.

    Gaming Laws

    Gaming laws in NSW are overseen by ILGA, L&GNSW and NSW Police . Only hotel and club liquor licences are permitted to engage in gaming-related activities, such as the operation of electronic gaming machines (GMEs or PMPs) and betting services. To operate gaming machines a hotel or club must have or apply to increase their gaming machine threshold and then subsequently obtain the relevant number of gaming machine entitlements (GMEs) or poker machine permits (PMPs) it wishes to operate at its premises.

    GMEs and PMPs are valuable licences and openly tradeable, however are subject to social impact assessments, transfer restrictions and forfeiture.  In addition, the gaming rooms within licensed premises are heavy regulated including the advertisement (namely non-advertisement), implementation of gaming plans of management, licensing requirements and the location of ATM’s.

    SlaterWatts Lawyers has extensive experience in advising clients in relation to the Gaming Machines Act and their obligations and can provide you with tailored assistance to ensure that you meet these obligations under the Act and will help you with all other legal matters associated with gaming laws in NSW.

    Responsible Service of Alcohol & Responsible Conduct of Gaming

    A person who sells, serves or supplies alcohol in NSW must complete a Responsible Service of Alcohol (RSA) training course provided by an approved training provider. This course provides training on how to promote and support a safer community by only selling, serving, and promoting alcoholic beverages in a professional and responsible manner. RSA training ensures that all licensees and their staff comply with NSW liquor laws.

    Any person involved in the provision or management of gaming activities within New South Wales, is required to have undertaken and hold a responsible conduct of gaming (RCG) qualification. This encompasses a commitment to ensure the well-being and safety of patrons, promote responsible gambling practices, prevent the problem gambling, and adhere to all applicable laws and guidelines to maintain the integrity of gaming operations. Failure to fulfil these obligations may result in legal consequences and regulatory actions.

    Breaches of the Liquor Act

    The Liquor Act 2007 regulates the sale, supply, and consumption of alcohol in New South Wales. Those with liquor licences (or who are seeking a liquor licence) must be familiar with these obligations and, as a matter of risk reduction, implement strategies to ensure that these laws are followed.

    In practice, the obligations placed on hoteliers, nightclub owners, retailers, producers, and wholesalers are quite complex, and breaches of the law can occur despite the best intentions of liquor licence holders. NSW has an escalating 3 Strikes Scheme, for licensees who commit serious and repeated breaches of their obligations and responsibilities under the Liquor Act. After the conviction of a serious offence, ILGA will consider imposing remedial actions in relation to the licensee or manager who committed the strike offence. This may range from a requirement to undertake training after a first strike, through to disqualification from holding the position of licensee or manager after a third strike. Importantly, ILGA can also seek to impose conditions on a liquor licence which can remain regardless of the change of a licensee. Therefore, when a breach does occur, it is vital to engage a lawyer experienced in defending clients against charges brought under the Liquor Act or Gaming Machines Act.

    What Our Clients Say About Us

    Lionel Asseraf, St James Cafe

    “Ryan’s commitment to us has been unrivalled!

    In the last decade, SlaterWatts Lawyers has helped us through Supreme Court litigation, leasing arrangements and disputes, NCAT mediation, licensing applications and personal matters. Ryan’s knowledge and poise during stressful times has allowed us to act with confidence and obtain the best possible outcome. His sharp commercial acumen and his always amiable but effective communication skills have made our litigious and transactional matters much easier. I would not hesitate to recommend him.”

    Lionel Asseraf, St James Cafe

    Loretta & Craig Coote – Coote Hotels Pty Ltd – Gladstone Hotel, Dulwich Hill

    “We have used SlaterWatts Lawyers for over 30 years and we have always received personal and professional legal advice. Ryan has acted on a range of our matters personal and commercial matters ranging from Supreme Court Litigation to transactional and Liquor licensing & Gaming matters including development approvals. We have found Ryan’s knowledge to be in depth, his integrity to be flawless and passion for his clients to be unrelenting. We highly regard our relationship with SlaterWatts Lawyers and intend to continue to foster and maintain it. We without reservation recommend Ryan and his practice.”

    Loretta & Craig Coote – Coote Hotels Pty Ltd – Gladstone Hotel, Dulwich Hill

    Justin Small – Small Pubs – Balmain Hotel & Botany View Hotel

    “SlaterWatts Lawyers has provided us with invaluable property and specialist liquor licensing & gaming advice. Ryan differentiates himself by his personal, pragmatic and outcome focused advice. Ryan is our trusted legal advisor when it comes to property and liquor licensing & gaming matters, and I would not hesitate to recommend SlaterWatts Lawyers.”

    Justin Small – Small Pubs – Balmain Hotel & Botany View Hotel

    Sandra Kelly – S & A Kelly FT Pty Ltd

    “SlaterWatts Lawyers has extensive experience in commercial and property litigation. Ryan Watts’ experience and personal service was invaluable in our litigation matter, he instilled us with confidence to trust his advice which resulted in an excellent outcome for us. Ryan is commercially orientated, outcome driven, responsive to clients’ sensitivities and able to identify and pursue the most appropriate strategy to achieve clients’ objectives.  SlaterWatts Lawyers provides the level of service and expertise one typically expects from a large commercial firm but in a boutique firm with a more personalised, flexible and practical manner.”

    Sandra Kelly – S & A Kelly FT Pty Ltd

    Ben Dunn – The Dunn Group

    “Ryan has been providing The Dunn Group with personal, professional, and practical advice for over 10 years now and we highly respect his commercial advice and personal service.  Ryan has provided professional advice on a variety of our matters ranging from litigation to transactional and service stations acquisitions including franchising negotiations.  SlaterWatts Lawyers is a boutique firm with a commercial focus on reaching desirable outcomes for their clients and we highly recommend them.”

    Ben Dunn – The Dunn Group

    Greg Pilon & Brett Harvey – Amaroo Hotel & Pastoral Hotel Dubbo

    “The team at SlaterWatts Lawyers are without doubt the most knowledgeable commercial and Liquor Licensing & Gaming lawyers we have dealt with. Ryan’s understanding of this area of law is exceptional and he is a pleasure to work with. Ryan’s astute commercial mindset and advice over the years has allowed us to resolve contentious property matters and transactions. Ryan and his staff have always managed to make the process easy to understand and more manageable. We would not hesitate to recommend Ryan and SlaterWatts Lawyers.”

    Greg Pilon & Brett Harvey – Amaroo Hotel & Pastoral Hotel Dubbo

    Phil, Moonacres

    “SlaterWatts Lawyers, and in particular, their Solicitor Director, Mr Ryan Watts has been advising the Moonacres Group since 2016. During this time, the firm has covered a wide variety of issues including leasing, licencing, DA applications, tenant disputes, outraged customers and so on. Across this varied spectrum of legal issues Ryan consistently gave both wise and commercially relevant advice. His experience shines through in the very practical nature of the recommendations that he has made over the years.

    His turn-around in contract drafting, particularly when time is short, has often left our counterparty embarrassed at how long they take to reply. This sort of professional readiness ensured that we were in a strong position from which to negotiate.

    I have also appreciated Ryan’s willingness to advise when he is unable to advise on certain issues. While disappointing, he is well connected in the legal community, and has been able to put me in contact with extremely senior lawyers who are experts in their respective fields.

    As a final note, it is well worth mentioning that despite the sometimes tense discussions we have had over the years, I have admired the way in which Ryan is able to keep the conversations enjoyable, verily, at times quite witty and amusing.

    I heartily recommend this firm.”

    Phil, Moonacres

    John Morrison, Hotel Accountants

    “We have worked closely with the Legal Practice ‘SlaterWatts’ for a period of over 20-years. The specialist Legal Practice has assisted many of our clients from a Sydney Hotel Transaction of $90.0mil to a Country client of $22.0mil and many in between. Over that period of time, I can attest to all of our very happy and successful clients not only on their sale expertise process but also the day to day Liquor Licensing issues. They have clear communication instructions, think outside the box, and are always available in the client’s hour of need. I would rate the firm as one of the best Legal Specialist Hotel practices available to Corporate and Mum & Dad Hotel clients. I am happy to attest to this in person and I would have no hesitation in recommending their services.”

    John Morrison, Hotel Accountants

    Ross and Beverley Wood

    “Ryan Watts has been our legal adviser for the past 8 years. During this time he has given advice and managed a variety of matters on our behalf from the purchase and sale of residential and investment property to the drafting of Family Wills.

    Ryan and Susana are an exceptionally professional team and have executed all our legal requirements in a prompt and pleasant manner.  We highly value their expertise.”

    Ross and Beverley Wood

    Con & Sofia Bousgas – Bar Cleveland, Redfern

    “SlaterWatts Lawyers has been advising us for over 20 years and they have always provided us with prompt and professional legal advice. Ryan’s hands on approach to our matters, has always instilled us with confidence and  we highly respect his knowledge and expertise in property and liquor licensing and gaming matters. SlaterWatts Lawyers has assisted us with commercial and personal matters, and we have always found Ryan to be honest and a trustworthy advisor.  As our trusted advisor, we highly recommend Ryan and SlaterWatts Lawyers services to anyone in need of commercial minded and client focused lawyers.”

    Con & Sofia Bousgas – Bar Cleveland, Redfern

    Brian & Louise Di Francesco

    “We were very fortunate our pub broker introduced us to Ryan Watts at the time of the sale of our country hotel. I am absolutely certain that my husband’s first words – “it’s just a simple sale” – will be inscribed on a plaque on his wall. 

    The “simple sale” turned into a 20-month nightmare when there was a major fire at the hotel, completely destroying the beer garden and outdoor entertainment area – just three weeks before settlement.

    Ryan’s constant communication, calm demeanour, very thorough knowledge of the law, friendly manner, wise counsel and attention to detail was exemplary. He was nothing short of brilliant as he helped us navigate an extremely difficult process with the constant, never-ending issues that arose for the next 20 months.

    I cannot recommend Ryan highly enough. I would not hesitate to work with him again. For better or worse, he will be our go-to lawyer forever!”

    Brian & Louise Di Francesco

    “We are thrilled to share our fantastic experience with the legal services provided by Ryan Watts from SlaterWatts Lawyers. As a first-time homebuyer, we were initially overwhelmed by the complexities of the real estate process. However, Ryan guided us every step of the way, ensuring a seamless and stress-free experience, on multiple occasions until the final purchase.

    From the moment we engaged his services, we were impressed by his professionalism, expertise, and attention to details that calmed our nerves during these exciting times, knowing that our interests were protected throughout the entire home-buying journey.

    Ryan was always accessible and responsive, promptly addressing any questions or concerns that arose and took the time to explain legal jargon in a way that was easy to understand, empowering us to make informed decisions.

    We are now proud homeowners and highly recommend his legal services to anyone looking to buy a home. With Ryan’s help, the process was not only efficient but also enjoyable. Thank you very much Ryan from our whole family!”

    Liquor Licensing & Gaming Law FAQs

    What type of liquor licence do I need for my business?

    It depends on your business model. Options include various liquor licence types for small bars, restaurants, cafes, bottle shops, hotels, and more. We can advise you on the most suitable licence type and help you with the application process.

    How do I apply for a liquor licence in NSW?

    You’ll need to meet suitability requirements, prepare a Social Impact Statement (if required), comply with RSA and RCG training, and submit your application to the ILGA. We can handle this process from start to finish to help minimise delays.

    Can you help if my liquor licence application is denied or challenged?

    Yes. We represent clients in NCAT reviews and Supreme Court appeals of licensing decisions and can assist with objections, complaints, and licence condition disputes with NSW Police and L&GNSW.

    What happens if I breach the Liquor Act or Gaming Machines Act?

    Penalties range from fines and strikes to disqualification from being a licensee. We can defend you against infringement notices or complaints, and work to reduce potential consequences.

    What are GMEs and PMPs and how do they relate to gaming?

    Gaming Machine Entitlements (GMEs) and Poker Machine Permits (PMPs) allow hotels and clubs to operate gaming machines. We assist with acquiring, transferring, and increasing thresholds for GMEs and PMPs.

    Do I need RSA or RCG training?

    Yes. Anyone serving alcohol must complete Responsible Service of Alcohol (RSA) training. If you’re involved in managing gaming machines, you also need Responsible Conduct of Gaming (RCG) certification and in certain circumstances advance RCG training.

    What is a gaming or liquor Plan of Management?

    These are mandatory documents outlining how your venue will manage alcohol service or gaming to meet compliance standards. We draft tailored plans that satisfy ILGA and Council requirements.

    Can you help with development consent for a licensed venue?

    Absolutely. We assist with applying for development consent and modifications needed to support your liquor or gaming operations and liaise with Council to help expedite approvals.

    What is the Demerit and Incentives Point System?

    The Demerit and Incentives Point System (DIPS) is the current disciplinary regime under the Liquor Act 2007 (NSW), replacing the former ‘3 Strikes Scheme’ from 1 January 2021. Under DIPS, demerit points are imposed on a licence for prescribed breaches, with escalating regulatory action including additional licence conditions, suspension, or cancellation if sufficient points accumulate within three years. The system also provides incentives for licensees who maintain a good compliance record, such as reduced fees or streamlined approvals.

    Do you represent both new applicants and existing licensees?

     Yes. We assist with everything from new licence applications and business sale and acquisitions, to defending clients in disciplinary matters and ongoing compliance advice.

    Do you offer legal services for selling and acquiring businesses with liquor or gaming licenses?

    Yes, we offer comprehensive legal services for the sale and acquisition of businesses with liquor or gaming licences. Our services include advising on liquor and gaming compliance, conducting due diligence on existing licences, planning requirements, preparing and reviewing sale agreements, and managing the transfer or application of liquor and gaming licences with the relevant authorities. We act for a range of hospitality businesses including hotels, restaurants, bars, and clubs ensuring all regulatory requirements are met throughout the transaction process.

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