Liquor Control Act 1988

Subject to subsection (3), an owner, occupier or licensee of licensed premises, shall not, without the prior approval of the Director, make any alteration in —

the construction or completion of premises the subject of plans or specifications submitted under section 62, in such a way as materially to alter the veracity of those plans or specifications; or

any licensed premises.

Where the Director determines that an alteration has been made which may be a contravention of subsection (1) the Director may —

give directions in relation to the alteration; and

suspend the operation of the licence until such time as the owner, occupier or licensee complies with those directions.

For the purposes of this section —

an alteration is taken to be made if it comprises or consists of —

a change to the use of any premises, accommodation or facilities; or

an addition to, or reduction in the area of, the premises;

the renovation of, or of the accommodation or facilities provided by, the premises is, if it is not an alteration of a kind referred to in paragraph (a), taken to be work that does not require the prior approval of the Director.

On application in writing being made by the owner or occupier of the licensed premises, or by the licensee with the consent of the owner and any lessor, the Director may approve —

a proposed alteration of licensed premises; or

unless section 80 applies, the redefinition of the licensed premises as defined in the licence.

The Director must refuse an application made under subsection (4) unless satisfied that all other approvals, consents or exemptions required by law in respect of that alteration have been obtained, and if so satisfied may vary the terms or conditions of a licence accordingly.

An application for the alteration or redefinition of licensed premises as defined in a licence that seeks to include in those licensed premises an area that is not contiguous with those licensed premises must be refused unless section 80 applies or the premises —

are entered in the State Register of Heritage Places established and maintained under the Heritage Act 2018; or

are of a prescribed type or class.

If licensed premises are changed, whether or not in a manner amounting to an alteration within the meaning of subsection (3), the licensee shall so advise the Director in writing, not later than 14 days after the change is effected, and shall as soon as is practicable thereafter provide such copies as the Director may require of plans showing the premises as so changed together with —

a copy of each approval, consent or exemption obtained under any law permitting or approving the change; or

evidence to the satisfaction of the Director that all approvals, consents or exemptions required by law in respect of the change have been obtained.

The Director may dispense with the requirement that any approval, consent or exemption be obtained if the Director considers that —

it has been capriciously or unreasonably withheld; or

it is in the public interest to do so.