Recent Submissions from the Commissioner

In a response to Liquor & Gaming NSW’s Alcohol delivery reform review (stage 2), the Commission said it supported making takeaway alcohol and delivery sales a permanent option, after the measure was brought in as a temporary response to the COVID-19 pandemic.  

“The Commission continues to support the shift to making takeaway and home delivery liquor sales a permanent option for businesses and consumers in NSW. The Commission supports adaptations in the regulatory system to mitigate risks while accommodating innovative business models, including same day delivery services. The Commission also welcomed the 2022 Statement of Regulatory Intent issued by Liquor and Gaming NSW which has facilitated the sale of takeaway and home-delivered liquor with meals by holders of on-premises liquor licences, as a result of the exceptional circumstances created by the COVID-19 pandemic.” 

Read the full submission. 

The Commission’s submission to NSW Treasury’s review of the Franchise Code Of Conduct highlighted a number of issues impacting small businesses in the sector. 

• The need for further measures to ensure that franchisees better understand royalty structures and the perception among franchisees that charging royalties on gross rather than net sales is unfair 
• The complexity of leasing arrangements in franchising and the need for a clearer understanding of responsibility and forms of assistance available in the event of disputes 
• Power imbalances between the franchisor and franchisee and how these can impact the commercial relationship 
• A lack of education among franchisees and the need for material to help them better understand the franchising agreement they are entering into 
• How the Retail Leases Act intersects with the Code of Conduct. 

The Commission’s Small Business Survey has highlighted the most common causes of dispute in the sector:  

• A lack of autonomy for franchisees and continuous interruptions from franchisors when running their businesses  

• Franchisors charging set up costs that exceed previously agreed costs  

• Franchisors not passing on rebates received from suppliers. 

Read the submission. 

Browse the database of the Commission’s submissions and reviews.