How to open a small bar in the city A process guide for small business owners and operators June 2012 Contents Introduction1 Liquor Accords1 Liquor Licence Freeze1 Obtaining Approval2 Planning Controls2 Footway Usage3 Submitting A Development Application (DA) 4 Step 1 Pre-DA Meeting4 Step 2 Owners Consent4 Step 3 Lodgement4 Preparing A Statement Of Environmental Effects (SEE) 4 Step 4 Period of Notification 5 Step 5 Assessment 5 Step 6 Determination 5 Liquor Licence Requirements5 Step 1 National Police Certificate 5 Step 2 notice of Intention to Lodge an Application for Liquor Licence 5 Step 3 Documentation to be Submitted with DA 5 FAQ6-7 Process Maps How To Open a Small Bar In The City Small Bars – DA Assessment Process Process Guide Checklist More Information 8 9 10 11 A Process Guide For Small Business Owners And Operators Page 1 Introduction This guide is designed for potential small-bar operators, but it is equally applicable to general small-business operators who must apply for development consent from the City of Sydney for any proposed works associated with the operation of their business in the City of Sydney local government area (LGA). As well as obtaining consent from the City, small-bar operators must obtain a liquor licence from the Independent Liquor and Gaming Authority (ILGA, formerly the Casino Liquor & Gaming Control Authority). This guide explains the processes involved in obtaining development consent from the City of Sydney, and the liquor licence approvals process administered by the Office of Liquor Gaming and Racing (OLGR). More information can be found on the following web sites: The City of Sydney: cityofsydney.nsw.gov.au Independent Liquor and Gaming Authority: ilga.nsw.gov.au Office of Liquor, Gaming and Racing: olgr.nsw.gov.au Liquor accords Liquor licence freeze A liquor accord is an agreement by licensees and other stakeholders to take action in local communities to improve safety and reduce alcohol-related, antisocial behaviour, other offences and violence. The NSW Government and the City have in place a liquor licence freeze within designated zones of the LGA in an effort to reduce excessive consumption of alcohol in areas already saturated with other licensed premises. A freeze on liquor licences, development applications (DAs) and footway applications exists to cap on the number and scale of venues in three major entertainment precincts of the LGA: Local liquor accords aim to prevent alcohol-related problems from occurring in the first instance. The OLGR and the City of Sydney support liquor accords as part of a comprehensive approach to reduce alcohol-related harm and antisocial behaviour. Information about liquor accords can be found at the OLGR website: olgr.nsw.gov.au/accords_about.asp Information about existing accords within the LGA can be found at: cityofsydney.nsw.gov.au/Community/Safety/ AccordWithLicensedPremises.asp • Kings Cross; • Oxford Street, Darlinghurst (note: footway freeze due to end 24 June 2012); and • City south. The Liquor Amendment (Temporary Licence Freeze) Bill 2009 was passed on 23 September 2009 and has been extended a number of times (the current bill is due to expire 24 June 2012). Visit olgr.nsw.gov.au/news_liquor_licence_freeze.asp for more info. How To Open A Small Bar In The City Of Sydney Page 2 Obtaining approval In July 2008, the Liquor Act was amended to introduce a new category of hotel licence for a general bar. A general bar hotel licence is a limited type of hotel licence. It allows liquor to be sold to patrons for consumption on the premises, but does not allow takeaway liquor sales, gaming machines or other forms of gaming. The Liquor Act does not place a limit on the capacity or the size of the premises. The Independent Liquor and Gaming Authority (ILGA) is responsible for the regulatory and other decision-making functions on behalf of the NSW Government. The NSW Office of Liquor Gaming and Racing (OLGR) supports the authority in its day-to-day operations. An application for a liquor licence is lodged with the OLGR. The OLGR will issue an approval for a liquor licence subject to development consent granted by the City for the use of the site as a licensed premises. To obtain consent, you must lodge a DA with the City of Sydney. A small bar would need to satisfy the requirements of the City of Sydney’s late night trading premises DCP 2007 category B - low impact premises Applications to both consent authorities can be lodged at the same time, as shown in the attached flowchart “How to open a small bar in the city”. Information about the type of licence and lodgement of applications is available on the OLGR website at: olgr.nsw.gov.au/liquor_license_apps.asp Planning controls Prior to submitting a DA application, you must read the relevant City of Sydney planning regulations to determine if your proposal would be allowed, particularly the Late Night Trading Premises Development Control Plan (DCP) 2007. This DCP focuses on amenity and security matters which must be satisfied by an applicant for late-night trading. A small bar would need to satisfy the requirements of the City of Sydney’s Late Night Trading Premises DCP 2007: Category B – Low Impact Premises i.e. premises with a capacity for 120 patrons or less (including outside areas) and for which the primary purpose is the sale of liquor for consumption on the premises. A copy of the DCP can be downloaded from the City’s website at: cityofsydney.nsw.gov. au/Development/PlanningControlsConditions/DevelopmentControlPlans.asp DA forms are available from the City of Sydney’s One Stop Shop and Service Centres, or download a copy from the City’s website at: cityofsydney.nsw.gov.au/Development/ DevelopmentAndBuildingForms.asp When a DA is assessed, the most important factors taken into account are: • Location and context of the premises, including proximity to residential and other sensitive land uses and other late-trading premises; • Nature of the premises, i.e. pub, nightclub, restaurant, etc. and the proposed hours of operation; • Existing hours of operation of surrounding business uses; • Size and capacity of the premises; • Impact of the premises on the mix, diversity and possible concentration, of late-night uses in the area; • The likely operation of the proposal during daytime hours; submission of a plan of management which demonstrates a strong commitment to the operation of the business, particularly in relation to managing potential impacts on adjoining and surrounding land uses and premises, as well as the public domain; • Diversity of retail services within an area and the impact of a late-night proposal on this diversity; • Measures to be used for ensuring adequate safety, security and crime prevention both on the site of the premises and in the public domain immediately adjacent to, and generally surrounding, the premises; and • Accessibility and frequency of public transport during late-night trading hours. A Process Guide For Small Business Owners And Operators Page 3 Footway usage The City may permit a business to operate on part of the public footway. If you would like to use the public footway in association with your business, you need to apply for approval. Details regarding the approval process, related policies and forms for footway approvals are available on the City’s website at: cityofsydney.nsw.gov.au/Business/ApprovalsPermitsAndNotifications/ FootwayApprovals/ApplicationProcess.asp The use of the public footway for outdoor dining could contribute to congestion and conflict between pedestrians and patrons, and activities such as smoking and queuing. The application for use should take these items into consideration and address them in the plan of management. The City may permit a business to operate on part of the public footway How To Open A Small Bar In The City Of Sydney Page 4 Submitting a DA A DA for a small bar would typically involve a change of use (from retail or commercial premises or the modification to an existing licensed premises, for example), internal fit-out and signage If external seating is also part of the proposal, an application can be made at the same time, or form a separate DA. Owner’s consent for use of the footway is required. DAs for a small bar can generally be dealt with under delegated authority and do not need to go to a Committee of Council and full Council as a rule. More information about the process and fees is available on the City’s website: cityofsydney.nsw.gov.au/Business/ ApprovalsPermitsAndNotifications/FootwayApprovals/ApplicationProcess.asp STEP 1 Pre DA Meeting Planning officers and other City of Sydney staff can provide more information about the application process and address any concerns. The City has engaged a Business Adviser for finegrain spaces, which includes small bars and laneways. If you are interested in opening a small bar, contact the City’s Business Adviser (Finegrain) on 02 9265 9928 prior to lodging the DA. Step 2 Owner’s consent Prior to lodging the DA, you must obtain the building owner’s consent. If an application for use of the footway is being lodged, you must obtain owner’s consent from the City of Sydney. Although the extent of work proposed is generally not extensive, and could in most instances considered to be minor, the impact of the proposed bar needs to be fully assessed; in particular, the effect on surrounding premises. It is recommended you prepare a concise Statement of Environmental Effects (SEE) for this purpose. STEP 3 Lodgement Information typically required to be provided on a DA includes: • A completed application form (available from the City’s website); • Owner’s consent ; • Plans; and • Statement of Environmental Effects (SEE), including: – Description of the project – Hours of operation – Plan of management – Security measures – Acoustic report – Heritage impact statement (if applicable). Preparing a Statement of Environmental Effects (SEE) The SEE should demonstrate compliance with the City of Sydney Local Environmental Plan, Development Control Plans and the City of Sydney Late Night Trading Premises DCP 2007. The SEE must demonstrate that the environmental impact of the development has been considered and detail what measures will be taken to protect the existing conditions or mitigate any detrimental environmental impact. A plan of management, security management plan and noise impact assessment are documents that set out the measures to protect or mitigate the impact of licensed premises on the amenity of adjoining premises. Plan of management A plan of management for a small bar application should be a simple, concise statement that describes the proposed management approach, including the responsible service of alcohol, intoxication, non-acceptable behaviour, underage drinking and staff training. The requirements for a small bar are identified in a checklist included in Appendix 2 of the City of Sydney’s Late Night Trading Premises Development Control Plan 2007: Category B – Low Impact Premises. Security management plan The security management plan describes the level of security proposed to ensure the safe operation of the premises for patrons and neighbours, including any security guards, CCTV cameras, approach to the use of illegal substances, cash handling, first-aid, training of staff, fire safety, entry and exit signs, customer complaints and contact with local police. A Process Guide For Small Business Owners And Operators Page 5 Noise impact assessment The noise impact statement is required to describe the nature of the operation of the premises, i.e. the proximity to residential and other premises, whether it will be a place of public entertainment, the site and capacity of the premises, the management of the premises and the operation of the premises to enable an assessment as to whether the operation of the premises would result in a loss of amenity for surrounding premises. Heritage impact statement If the premises is a heritage item and involves internal fit-out for a bar, or external work and/or adjoins a heritage item or streetscape, a heritage impact statement is required. Access to Premises Standards Most building works, including new buildings and upgrades to existing buildings, that require a construction certificate will need to comply with the Disability (Access to Premises - Buildings) Standards 2010. The purpose of the Premises Standards is to ensure that dignified, equitable access to buildings is provided for people with disability. The Australian Human Rights Commission has issued Guidelines on the application of the Premises Standards to assist in their implementation - http://www.hreoc.gov.au/ disability_rights/standards/standards.html.It is important to consider the requirements of these standards in the early stages of designing your small bar. STEP 4 Period of notification STEP 5 Assessment STEP 6 Determination DAs for bars are generally required to be advertised and notified for 21 days. However, the length of time for notification may be increased (not reduced) at the discretion of the assessing officer, in response to the specific characteristics of an application and the likely impact of the proposal. A City of Sydney planning assessment officer will take into consideration all relevant planning legislation, submissions received, comments from external and internal parties and may ask the applicant to amend and resubmit plans as necessary. Unless significant objections are received or some other matter is identified in the assessment process, the application will be determined under delegated authority and will not be required to be determined by Committee or full Council. Liquor licence requirements An application for a liquor licence can be made at the same time as you lodge the DA, and approval will be granted by OLGR subject to an approved DA. It is recommended you review the information provided on the OLGR website to assist with the application process. Liquor licence information for new applicants is available at: olgr.nsw.gov.au/liquor_licensees_new.asp Information typically required to be provided when making an application for a general bar hotel licence to the OLGA is as follows: STEP 1 Obtain National Police Certificate Before you lodge an application for a general bar licence, you must obtain a National Police Certificate to determine your suitability to hold a liquor licence, which includes a criminal records check. Visit police.nsw.gov.au for more information about how to apply. STEP 2 Notice of Intention to Lodge an Application for Liquor Licence Before you lodge an application for a general bar licence, you must obtain a Notice of Intention to Lodge an Application for Liquor Licence, which is completed and circulated (by you) to owners and occupiers of premises within 100 metres of the proposed small bar, and relevant authorities and other community stakeholders which may include schools, churches, medical and drug facilities etc. The notification for a 30-day period is used as the basis for preparing a Community Impact Statement (CIS) you must prepare before lodging a formal application with OLGR. Notification requirements are set out in the relevant application form and fact sheet available at: olgr.nsw.gov.au/liquor_forms.asp STEP 3 Documentation to be Submitted with application Liquor licence application forms are available for download from the OLGR’s website at: olgr.nsw.gov.au/liquor_forms.asp Ready to apply for your liquor licence? You will need: • Your application form; • The application fee of $500 for small bars (general bar hotel licence); • A CIS – Category B; • A scaled plan of the proposed licensed premises; and • A copy of the council’s DA approval for the proposed premises.** **If your DA has not yet been approved, you may be able to lodge it when it becomes available i.e. while the application is being assessed by the OLGR. Documentation submitted to OLGR is notified for 30 days. The CIS received by the OLGR is placed on public display before an application is determined. It is displayed on the OLGR website: olgr.nsw.gov.au. Persons or organisations notified of a proposal will also be notified of the application if the proposal goes ahead. The CIS can be viewed and submissions made directly to OLGR. Development Applications are required to be advertised and notified for 21 days How To Open A Small Bar In The City Of Sydney Page 6 FAQ 1. Can the City provide me with a space to open a small bar or business? No. A person looking to open a business in the city must find and obtain their own premises. City-owned properties are available for lease through the City’s Properties division via a competitive tendering process. 2. How can I find out which laneways are being upgraded? The City has an ongoing program of capital works improvements. Information and updates regarding the Laneway Revitalisation project can be found at: cityofsydney.nsw.gov. au/Development/CityImprovements/ RoadsAndStreetscapes/ CBDLanewayUpgrade/Default.asp 3. Does the Finegrain Business Development Matching Grants program apply to any small business in the city? No. To be eligible to apply, applicants must have a business located within a laneways precinct in the city centre, or a unique, interesting, innovative business, located in an underutilised space, such as a laneway or unoccupied premises. More information about the program can be found at: cityofsydney.nsw.gov.au/ business/CityEconomy/Finegrain. asp 6. Can I lodge my application for a liquor licence at the same time as my DA? Yes. Applications for liquor licences need to be lodged with the OLGR. Note the OLGR will issue a liquor licence subject to development consent from the City. It is recommended you complete the CIS before or during the DA process. 7. What type of liquor licence will I require for a small bar? Hotel licence – general bar. More information regarding liquor licence applications can be found on the OLGR website at:olgr.nsw.gov.au/liquor_ licensees_new.asp 8. What approvals are required for use of the footway? The types of approvals required for use of the public footway are dependant upon your location in the LGA: a. Development consent is required in all areas, other than those subject to South Sydney LEP 1998 (i.e. located in the former south Sydney LGA). The DA is to describe in writing and plans the number and location of table and chairs within the footway; and 4. Where can I find the DA form? b. Approval is also required under the Roads Act 1993 in all areas for footway restaurants. Persons seeking consent to use the public footway are required to complete and application to use the footway. Visit the City’s One Stop Shop, Service Centres or download from the City’s website at: cityofsydney.nsw.gov. au/development/documents/forms/ ApplicationForDevelopment.pdf Forms can be obtained from cityofsydney.nsw.gov.au/ Development/CityImprovements/ RoadsAndStreetscapes/ CBDLanewayUpgrade/Default.asp 5. May I talk to someone at the City about my DA? Applications for footway usage can be lodged at the same time as the DA for any building works. Yes. Visit the City’s One Stop Shop and ask to speak to the Duty Planner, or call 02 9265 9333. Owner’s consent from Council is required before you lodge any DA on council-owned land, including the footway. Owner’s consent is not DA Persons seeking consent to use the public footway are required to obtain consent for use of the footway approval; it only gives consent for you to submit an application for the use of City-owned land. 9. Can I get a map of the city’s laneways? Yes. A map of the city’s laneways is printed at the back of the Finegrain Business Development program information and guidelines brochure, or it can be downloaded from the City’s website at:cityofsydney. nsw.gov.au/Development/ documents/CityImprovements/ CBDLanewayUpgrade/ CentralSydneyLanewaysAreaMap. pdf 10. What happens when I find a space I want to use? Once you have found your location, you should review the relevant planning controls to check your proposal is allowed in that location. Once you have done your ‘homework’, which should include liaison with the adjacent stakeholders and the City’s Business Adviser (Finegrain), you can seek advice from City planners and begin the DA process. 11. Why does it take so long to get a DA and then a licence? The DA process is governed by the Environmental Planning and Assessment Act 1979 and is regulated by the City’s planning instruments. Time frames for advertising and comment are set down in the City’s Local Environmental Plan. The time frame for obtaining a liquor licence is regulated by the Liquor Act 2007. If you wish to open a small bar, you must ensure your proposal is permissible within the planning regulations, that applications are completed and all required documentation is included to avoid delays. You may start the CIS process and lodge your liquor licence application while your DA is being assessed. A Process Guide For Small Business Owners And Operators Extended hours are possible if sought as part of the general bar licence application 12. What restrictions are there on trading hours for bars? Trading hours are regulated by the Liquor Act and the City of Sydney Late Night Trading Premises DCP 2007. Under the Liquor Act, the standard hours for a general bar licence are 5am and midnight Monday to Saturday, and 10am to 10pm Sunday. Extended hours are possible if sought as part of the general bar licence application. Under the requirements of the City of Sydney Late Night Trading Premises DCP 2007, a small bar would be categorised as Category B premises. For Category B premises operating in the city centre, the ‘base’ hours are 7am to 2am and 6am to 1am. Extended hours beyond the ‘base’ hours can be applied for a 12-month trial. For applications submitted after 30 October 2008, a six-hour closure period applies to all liquor licences, usually starting at 4am to 10am. It should be noted the DA is the overriding authority for trading hours. 13. What is the definition of a ‘small bar’? There is no definition for a small bar under the Liquor Act. Under the City of Sydney DCP a small bar is considered to be a Category B premises with less than 120 Page 7 patrons. A small bar is generally considered to be a proposal seeking to operate as licensed premises under a limited hotel licence – general bar. A general bar would need to satisfy the requirements of the City of Sydney’s Late Night Trading Premises Development Control Plan 2007: Category B – Low Impact Premises i.e. premises with a capacity for 120 patrons or less (including outside areas) and the primary purpose is the sale of liquor for consumption on the premises. Typically the work would entail internal fit-out and relatively minor alterations and additions to a building, and a change of use from retail or commercial premises or modification to existing licensed premises. 14. Can I apply to use the footpath if it is not adjacent to my premises? Seating may be permitted to extend outside of adjacent premises provided there are no reasonable objections from the owner and/ or tenant of those premises. Page 8 How To Open A Small Bar In The City Of Sydney NO Identify Location Do you require development consent? YES Apply for footway approval if applicable •DA forms available for download on City website Obtain Development Approval • Speak with relevant Area Planner re: any specific concerns •Owners consent from City’s properties section required Obtain Liquor Licence through OLGR • Forms and procedure available from OLGR website •Council planning regulations and policies apply DA required for structures and use of footpath • Occupiers of premises within100m to be notified of licence proposal • Key requirements include SEE Open for Business Ensure compliance with conditions of consent (i.e. Trading hours) and liquor licence Obtain Occupation Certificate from Council or PCA Conditions of consent will be required to be met prior to issue of Construction Certificate • B uilding codes and standards apply Obtain Construction Certificate from Council or PCA • City will notify surrounding residents of application •CIS required to be completed prior to lodgement of application •DA approval will be required prior to issue of liquor licence •Application should be made for a “general bar hotel licence” • Approval given under relevant legislation i.e. NSW Road Act / Crown Land Act How to open a small bar in the city of Sydney CBD Existing Premises (DA in place - no changes to conditions of consent required) NOTE: SEE – Statement of Enironmental Effects PCA – Private Certifying Authority OLGR – Office of Liquor Gaming & Racing CIS – Community Impact Statement Page 9 A Process Guide For Small Business Owners And Operators Small Bars – Development Application Assessment Process PRE-DA OWNERS CONSENT Plans LODGEMENT Statement of Environmental Effects Acoustic Report Plan of Management / Security Measures Heritage Impact Statement 21 days NOTIFICATION ASSESSMENT AND REPORT WRITING AMENDMENTS Amended Plans Lodged DETERMINATION Delegation or Council Re notification & Relevant referrals 14-21 days Internal REFERRALS External NSW Police Office of Liquor, Gaming and Racing Heritage Council Heritage / Urban Design Building / Health Access Panel Licensing Unit Public Domain Unit Traffic Unit Safe City Unit How To Open A Small Bar In The City Of Sydney Process Guide Checklist 1. Review the City’s guide to opening a small bar and relevant information available on the City’s website; 2. Complete your business plan; 3. Identify the location for your business and availability of potential premises; 4. Check whether your proposal is permissible with regard to the City’s planning instruments (plans, codes and policies) in your proposed location; 5. Check whether your are required to lodge a development application for your proposal (i.e. DA in place – no changes to conditions of consent required); 6. Consider suitability of the premises with regard to building codes and standards including access to premises standards and sanitary facilities. 7. Arrange a preliminary meeting with the City’s Business Adviser (Finegrain); 8. Prepare necessary plans to demonstrate your proposal; and 9. Arrange a pre-DA meeting with a City planning officer. Once you have confirmed your proposal is permissible: 10. Finalise any lease negotiations and prepare documents for lodgement of DA (refer Part 11 of DA form); 11. Complete DA form, compile documents for lodgement of application, obtain owner’s consent and lodge DA; 12. If footway approval is required, obtain owner’s consent and lodge application for use of footway; and 13. Obtain liquor licence from OLGR; apply for National Police Certificate and start the CIS process. Once you have obtained necessary approvals (DA, liquor licence): 14. Make sure you have read and understood your conditions of consent; 15. Comply with all conditions of consent – some conditions may require additional information to be lodged prior to the issue of a construction certificate (CC); 16. Obtain CC from the City or private certifier (PCA); 17. Start construction works/fit-out; and 18. Obtain occupation certificate (OC) from the City or a PCA. Note: Once all approvals are obtained and business is open, ensure compliance with ongoing conditions of consent. Page 10 A Process Guide For Small Business Owners And Operators Page 11 More Information A guide to lodging DAs cityofsydney.nsw.gov.au/Development/DevelopmentApplicationGuide/PreparingandLodgingaDA.asp Sample DA application for a small bar (guidance only) cityofsydney.nsw.gov.au/Development/DevelopmentApplicationGuide/SmallBarProcess.asp Finegrain Business Development Program - Guidelines cityofsydney.nsw.gov.au/Business/AwardsPrograms/Finegrain.asp Footway usage application process for outdoor dining cityofsydney.nsw.gov.au/Business/ApprovalsPermitsAndNotifications/FootwayApprovals/ApplicationProcess.asp © 2012 City of Sydney. To be used as a guide only.
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