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Intro
This factsheet sets out the requirements in the Liquor Control Act 1988 (LC Act) in relation to approved trading names.
Section 116(3) of the LC Act states that:
'A person shall not carry on business for which a licence is required under any name other than that of the licensee unless the Director has approved the use of the name.'
This means that only an approved trading name for a licensed premises can be used for regular business activities like advertising on a variety of platforms, such as in print, websites, on radio or on television.
A promotion can be on behalf of members of a buying group if the approved trading name of each licensed premises is listed in the advertisement. Alternatively, if the participating licensed premises are not listed individually, a website or telephone hotline must be provided so that customers can identify the approved trading names of the licensed premises which are participating in the buying group promotion.
If a promotion involves a producer’s cellar door outlet operating under an extended trading permit, the advertisement must either use the approved trading names of all producers involved, or the approved trading name of the outlet, if there is one.
Licensed premises (apart from those associated with an occasional licence) are required to have a notice in a conspicuous position at or near the front entrance to the licensed premises, displaying the approved name of the premises, the class of liquor licence and the name of the licensee1 (the ‘required notice’). The premises may be prominently branded as part of a buying group under a different name, but must still display the required notice.
In a larger licensed premises it is possible for different areas of the premises to be separately branded or promoted, but any advertising must make it clear that the promoted area is a part of the licensed premises, known by the approved name. For example, 'The Golden Grill, at the XYZ Hotel'.
For cellar door operations involving more than one producer, signage is to be displayed in a conspicuous position at exit and entry points with the following information:
When the applicant for a licence or permit makes their initial application, it will include the proposed approved trading name.
Trading names that suggest a manner of trade which is not authorised under the licence will generally not be approved. For example, a prospective licensee seeking the name 'Johnson’s Bar' for their restaurant would be unlikely to receive approval, because the name suggests that patrons can go there for a drink, whereas under the terms of the licence they must sit down and have a meal before they can be served alcohol.
Once a licence or permit is granted, any proposal to change the approved trading name will require a further application to the licensing section of DLGSC.
Further information on licence requirements is available, or contact 61 8 6551 4888.
The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.