In a recent decision on a small bar liquor licence, we see the impact of failing to undertake a mandatory community impact statement (CIS).
For certain types of liquor applications, such as some small bar licences, the applicant must undertake and submit a CIS. This is a mandatory requirement that requires engagement and consultation with key stakeholders, a notification campaign to neighbours and a consideration of the potential social harm (and mitigations) of a potential new licence. A category-B CIS will often have regard to outlet density, demographic data, crime and health statistics as well as the level of advantage and disadvantage of both local and broader communities.
A CIS is a serious undertaking that must be met. Over the years, we have seen applications refused on the basis of an inaccurate or defective CIS.
In this instance, a new small bar liquor licence 'The Arts Syndicate' in Surry Hills Sydney did not complete a CIS prior to the time of application. Surprisingly, the application was not refused outright (there must have been good reason), but reading between the lines, it appears the Authority required the applicant to undergo the CIS process after lodgement. In essence, the clock was started again, meaning the minimum 30-day CIS consultation phase was enforced after lodgement.
The result was a significant delay in approval of the licence. In this instance, it was 5 months from the date of lodgement to final approval. Unnecessary delays like this can really hurt a new business that needs to get trading as soon as possible.
The take away message - make sure you know the requirements of your particular licence application. At best, you might just have to accept delays and the headache of starting again, at worst, the application will be refused.