Local Law Licensing for Businesses
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?
Licence 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
- property damage or loss of amenity
- environmental harm or environmental nuisance
- 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 07 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 Council's City Standards branch on 07 3412 5318.
