Please note: From 15 March 2008 Beaudesert Shire Council's and Gold Coast City Council's local laws will continue to apply to their former areas within the new Logan City Council local government area until new local laws are adopted by Logan City Council for the whole city. If your business falls within the transferring area you will still need to make an application under the relevant local law. If you are unsure if your business requires licensing please contact us.
Licensing provides the framework for an inspection and enforcement regime based on licensing requirements personal to the operator. These requirements or conditions are generally contained in the licence.
Practically all of Council's licensing controls are contained in one local law, Local Law No. 9 (Licensing) with specific Subordinate Local Laws for each Prescribed Activity.
Each subordinate local law under Local Law No 9 (Licensing) provides the finer details in respect to matters such as application for a licence, requirements for a licence and records to be kept. Therefore it is necessary for each subordinate local law to be examined in conjunction with the local law.
It is designed to create a greater certainty among operators and prospective operators regarding licensing requirements, including application requirements and licence conditions.
Why is a licence necessary if I have a development permit?
An approval under Council's Planning Scheme, generally known as a development permit, establishes the permitted use or activity on the land.
Some uses or activities create public health risks, and/or environmental and amenity impacts, and therefore require ongoing monitoring and surveillance. Licensing establishes a system for achieving this.
There are some exemptions to licensing, and these are contained in subordinate local laws. An exempted activity is still required to comply with certain requirements (prescribed criteria).
If I contravene the local law, will I be closed down?
Only in circumstances such as where a person has repeatedly not complied with their licence conditions, or has operated without a Council approval and licence - will a closure or penalties - be considered.
What if I am already licensed under other legislation?
Local Law No 9 (Licensing) does not apply to an activity that is required to be licensed under a State law, either by the State Government or a local government, provided that the licence captures the intent of the local law. For example, a poultry farm licensed under the Environmental Protection Act 1994 would not be licensed under the Local Law No 9 (Licensing). However, registration under the Workplace Health and Safety Act does not exempt an activity from also being licensed under the local law.
How do I obtain a licence?
Some prescribed activities require a development permit under Council's Planning Scheme. In these cases, a licence application form may be completed at the time of lodging the development application.
Development approval is required prior to the licence application being determined. Some prescribed activities however do not require a development permit, for example, 'itinerant vending'.
How much will a licence cost me?
License fees are set every year during Council's budget process. Fees will vary between each prescribed activity based on their relative impacts and risks. However, a case for reducing fees based on the merits of a person's or organisation's special circumstances may be made to Council.
What requirements will I need to meet to maintain a licence?
Licence conditions underpin every licence and will vary depending on the nature of the activity. Essentially the conditions will relate to ensuring that the prescribed activity does not give rise to a risk of:
- harm to human health or safety; or
- property damage or loss of amenity; or
- environmental harm or environmental nuisance; or
- a nuisance in general.
Other requirements relate to compliance with conditions of a relevant development permit or Council's Planning Scheme and properly renewing the licence when necessary.
How long does a licence last?
Generally licences are renewable annually and operate on a financial year cycle (1 July – 30 June). Council will post a renewal notice as a reminder to renew your licence.
What is a 'prescribed activity'?
Council controls a wide range of prescribed activities under its Local Law No 9 (Licensing). These activities are to be inspected and licensed annually by Council.
A prescribed activity is an activity which requires a licence to operate or is subject to prescribed criteria under Local Law No 9 (Licensing).
To apply for a Council licence, prospective applicants need to firstly determine if Council approval is required to conduct the activity under Council's Planning Scheme and the Integrated Planning Act. Enquiries in this regard should be directed to the Development Assessment Branch on 3412 5269.
'On-the-spot fines' of $375 may be issued where a prescribed activity is conducted without a Council licence.
Enquiries in respect to licensing may be directed to the City Standards Branch on 3412 5318.
Definitions of prescribed activities
"advertisement" means:
(a) an advertisement hoarding as defined in Council's planning scheme; or
(b) an on premises sign as defined in Council's planning scheme; or
(c) temporary advertising matter.
"animal vending" means the sale of animals for the purpose of conducting a business.
"cattery" means the keeping, breeding, boarding or training of more than four cats.
"cemetery undertaking" means the disposal or exhumation of human remains
(a) as part of a cemetery; or
(b) by an undertaker.
"dangerous fencing" means:
(a) an electric fence; or
(b) an electric security fence; or
(c) a fence specified in a subordinate local law policy.
"heavy vehicle parking" means the parking of a heavy vehicle, for a period longer than is necessary for loading and unloading of the heavy vehicle, on residential premises. A heavy vehicle has a tare weight of 4.5 tonnes or more.
"home business" means the use of a premises comprising a dwelling unit for a business where the business is
(a) operated by a person who is permanently residing in the dwelling unit; and
(b) subordinate to the use of the dwelling unit. (However does not include a bed and breakfast, which is prescribed accommodation.)
"indoor entertainment" means the operation of an activity which is defined as indoor entertainment in Council's planning scheme. (Note: please contact the Development Assessment Branch on (07) 3412 5269 for the clarification of licensing entertainment venues.)
"intensive animal husbandry" means the keeping (including the breeding, feeding and watering) of:
(a) cattle, sheep, goats, deer, horses, alpacas, kangaroos and the like in stables, stalls, compounds or yards as distinct from the keeping of such animals on a range or green pasture; or
(b) pigs; or
(c) more than 20 poultry including duck, geese, fowl, turkey and their young; or
(d) more than 100 birds (other than those referred to in paragraph (e)) not including their chicks; and
(e) ostriches, emus and the like; or (f) fish or other aquatic as part of aquaculture.
"itinerant vending" means the sale of goods
(a) from premises or a vehicle to a person who has not contracted for the supply of the goods; and
(b) where the activity is not a development defined under Council's planning scheme.
"kennel" means the keeping, breeding, boarding or training of five or more dogs.
"market" means the use of premises for the sale of readily portable goods, arts or crafts, produce and the like to the public from a temporary stall or a structure not enclosed within a building.
"mortuary undertaking" means
(a) the handling, storage or treatment of human remains prior to the transportation of the human remains for disposal; or
(b) the transportation of the human remains for disposal.
"outdoor entertainment" means the operation of an activity which is defined as outdoor entertainment in Council's planning scheme. (Note: please contact the Development Assessment Branch on (07) 3412 5269 for the clarification of licensing entertainment venues.)
"prescribed accommodation" means residential accommodation (other than accommodation which is a residential service under the Residential Services (Accreditation) Act 2002)
(a) in premises which is defined in Council's planing scheme as
(i) a hotel; or
(ii) an accommodation building not being a convent, monastery or the like; or
(iii) a home business being a bed and breakfast; or
(iv) a group dwelling; or
(b) in a caravan being an annexed unit as defined in Council's planning scheme; or
(c) in premises which is not subject to government funding programmes and is defined in Council's planning scheme as a retirement village or institution;
(d) in premises provided for payment on a basis involving the sharing of the following facilities by the persons for which the residential accommodation is provided a dormitory or bedroom, toilet, bathroom, shower or ablution facility, laundry, dining facility, living area.
Does not include hospital, relocatable home park, religious institution, community title lot, residential college or boarding school, premises providing support services and short term accommodation for youths and persons escaping domestic violence, a dwelling unit for not more than three boarders.
"relocatable home park" means the operation of an activity which is defined as a relocatable home park in Council's planning scheme.
Licensing prescribed activities
Please refer to the applicable forms.