After a Liquor Application is lodged, certain parties are permitted the opportunity to have a say about aspects of the Application, or the Application itself. The Liquor Control Act provides for a number of classes of person or organisation who are entitled to lodge an Objection to a Liquor Licence Application. An Objection must be distinguished from an Intervention, which can only be lodged by the Police, Health Department, or Local Council.
Any affected person ,including neighbouring businesses or residents, are permitted to lodge an Objection to an Application. The Objection is considered on the merits of the submissions, and basis upon which it is lodged. In some cases, the Licensing Authority will consider the Objection, but deem that it does not discharge its onus of establishing a valid basis of Objection, when regard is had to the legislative criteria. In other cases, the Objector may be given standing to make submissions and lodge evidence for the consideration of the Licensing Authority, to establish the Objection is valid.
The Objection/s are then considered as part of the Licensing Authority’s “balancing exercise”.
It is therefore important that all aspects of Objections be carefully considered, both in preparing and lodging the Objection (on behalf of the Objector), and in carefully addressing and responding to Objections.
If you have a query regarding a Liquor Licence Objection, contact our office today to discuss your options and the best way forwards for you.