By Mark Madsen
Is “contiguity” really an arguable concept? Sometimes, it would seem so given the number of decisions which have been made by QCAT on this issue.
The reasons for wanting to expand a licensed venue can be various; it may be in respect of part of the existing main premises; it may be to bring a “detached” bottleshop under the umbrella of the main premises to permit an application for an additional DBS; or it may be to construct a liquor barn to be attached to the main licence. Licensees are generally aware that approval from OLGR is required before expanding the licensed area of a venue. What may not be clear is what can potentially be considered part of the main premises and what criteria is applied in making that assessment.
The Commissioner may make Guidelines to inform applicants about the position the Commissioner is likely to take on a particular matter. Guidelines 35 and 40 are relevant, amongst other matters, to increasing or decreasing the size of licensed premises and applications seeking to change the licensed area, which includes detached buildings.
Factors considered by the Commissioner in determining such an application include, but are not limited to:
1. whether the parcels of land or premises involved are “contiguous” or adjacent, or close to each other;
2. whether there is an identifiable connection between the several components of the premises, usually of a physical or visual type;
3. whether the separate components have some physical or functional unity or integrity;
4. whether the components appear to constitute one place of business and give an appearance of “oneness”.
One could consider that the first three of these (through colour schemes; branding; signage; and proximity / line of sight; similarity of building design) lend themselves to the fourth factor, which is key.
Please contact us on 07 3224 0222 if your business requires assistance with licensing applications, including navigating “contiguity” requirements or expanding licensed premises.