It’s a question many new applicants ask when preparing to enter the alcohol market: can a competing business object to my alcohol licence? The short answer is yes — but not simply because they don’t want more competition.
Under the Sale and Supply of Alcohol Act 2012, any person can file an objection to a licence application. However, the law draws a clear line when it comes to trade competitors. A competitor may only object if they can demonstrate a qualifying interest — meaning they are directly affected by the application in a way that does not relate to competition or the effects of trade competition.
In other words, the legislation is designed to prevent businesses from using the licensing process simply to block new competitors.
The Act also contains an additional safeguard: a person cannot object if they are likely to receive direct or indirect assistance from a trade competitor in making that objection.
Does that stop competitors from getting involved?
Not entirely.
In practice, competitors sometimes become involved in licensing processes — either directly where they believe they have a legitimate qualifying interest, or indirectly through staff, associates, or community contacts. This is part of the commercial reality of operating in a regulated industry like alcohol licensing.
What should you do if a competitor objects?
If your application attracts an objection that may be linked to a competing business, the key is to stay focused on the legal framework rather than the motivations behind it.
First, look carefully at the substance of the objection. What concerns are actually being raised? Do they relate to matters the licensing authority must consider, or do they effectively relate to competition?
Second, keep the discussion grounded in the statutory criteria. Licensing decisions must be based on the matters set out in the Act and the overall object of the legislation — not on protecting existing businesses from new entrants to the market.
Third, prepare your case thoroughly. Every issue raised in an objection should be addressed carefully and supported with clear evidence. A well-prepared application that demonstrates compliance with the Act will always be in the strongest position.
Finally, remain professional throughout the process. Even where competitive motivation may be suspected, the most effective approach is to respond to the substance of the objection rather than the personalities behind it.
The bottom line
At the end of the day, the outcome of a licensing application should turn on one key question: does the application meet the statutory criteria and align with the object of the Act?
In alcohol licensing, success rarely comes down to paperwork alone. Preparation, strategy, and specialist advice can be just as important as compliance when navigating objections and securing the right outcome.
