Learn about liquor licensing and how to apply for a Section 40 Certificate, required under Section 40 of the Liquor Control Act 1988

Definition

A Section 40 Certificate is issued by the Local Government and is required to be submitted to the Department of Local Government, Sport and Cultural Industries (Racing, Gaming and Liquor) to support a new liquor licence application or amend an existing liquor licence. 

A Section 40 Certificate confirms that the proposed liquor licence is consistent with the permitted or approved land use of the site. 

A section 40 certificate should confirm that the proposed use of the premises:

  • Would comply with the requirements of the Local Planning Scheme No.1; and / or
  • Would comply with the requirements of a specific planning approval (if applicable) and the relevant conditions of the planning approval.

Racing, Gaming and Liquor may accept the lodgement of a planning approval in lieu of a Section 40 Certificate in some cases, provided the planning approval lists the type of liquor licence that is being applied for and all relevant conditions.

Where planning approval is required, this should be obtained prior to applying for a Section 40. 

Relevant local planning policy

Apply for planning approval

To apply for planning approval, complete the application forms and checklists below:

A fee is payable when applying for planning approval. This fee must be paid at the time of application.

A fee is payable for planning applications. This fee must be paid in order for the application to be formerly lodged and assessed.

Refer to Refer to Planning and Development Fees and Charges and Development Application Fee Calculator.

Ensure you submit your application with all the required documentation, as outlined in the checklist at the end of the application form.
 

You can submit your application via email to [email protected]
 

Digital copies are preferred however hard copy applications may be submitted via post or in person.
 

Once your application documents have been checked you will be emailed with payment options. Once payment is received the application is formerly lodged.

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