Pubs, Pop-ups & Planning – A new liquor licensing landscape?

A seminar for Local Government 


Changes to the Liquor Licensing Act are underway and will continue to be rolled out over the next year. The changes will alter the way councils interact with the liquor licensing regime in SA.

Councils will still have a significant role to play in the regulation of licensed premises under the Liquor Licensing Act and Development Act, as well as the Local Government Act.

We will consider the changes to the Liquor Licensing Act, including:

  •  new public notification requirements
  •  how a council is to be alerted to licence applications
  •  can a council still intervene/object? What’s the difference?
  •  what’s up with small “bars”?
  •  patron and seating capacities
  •  the new “community interest” test to replace public need and demand – what role for councils?

Councils will need to be even more diligent to ensure planning conditions are effective and enforceable.

From a Development Act context, we will look at condition making powers and what conditions should be imposed. We will also discuss common planning and liquor related matters and where they intersect. This may include:

  • trading hours and restrictions since the Caltex decision
  • outdoor dining – is a development approval required?
  • security, noise and local nuisance – what role do councils play?
  • pop-ups – when does an activity become a change in use? 

Who Should Participate

  • Planning professionals
  • Development Assessment and Planning Policy Officers
  • Council Assessment Panel members
  • Planning Managers & directors


Ben Allen, Partner, Licensing & Planning: Ben's industry experience is extensive,  having acted for council clients, local goverment bodies and licensees for over two decades.  As such, Ben has been recognised  for his licensing expertise in the prestigious Best Lawyers Australia list, as well as in South Australia's  Doyle's Guide for Planning and Environment lawyers. Ben appears regularly before the Liquor and Gambling Commissioner, the Licensing Court and the Supreme Court. His point of difference is an industry-wide understanding of hospitality and related development as it impacts upon a variety of legislation, including the Development Act Local Government Act, Gaming Machines Act and the Liquor Licensing Act.

Felicity Niemann, Special Counsel, Local Government Planning & Environment:  Felicity regularly represents councils and  the local goveronment sector clients on a variety of matters including planning appeals, judicial review, civil proceedings and prosecutions. Her experience includes the provision of advice on all matters arising under the Development Act 1993 and related legislation.  Working closely with our Licensing and Hospitality team, Felicity is across the intersection and application of the new licensing regime to planning matters and how it may practically impact the planning operations of councils.  



Wallmans are located at Level 5, 400 King William Street, Adelaide (Corner of Gilles Street).  Please note that 2 hour paid street parking is available on Gilles, Gilbert and King William Streets (dependent on availability).  Additionally there is a paid undercover car park adjacent to the building, with entry from Gilles Street (subject to availability)


Event Details

Date: October 23 2018

Location: Wallmans Lawyers Boardroom, Level 5, 400 King William Street, Adelaide

Time: 2.00-4.30pm

Ben Allen
Felicity Niemann

Cost: $200 + GST


Contact us if you would like to make a large (10+) group booking.