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Requirements when applying for a protection order as per the Liquor Control Act 1988 (the Act).
Liquor licences are issued to a specific entity (individual person, company, or partnership) known as the licensee which authorises that entity to sell liquor at a specified place known as the licensed premises. Only the licensee may conduct business under the liquor licence. The liquor licence is not considered an asset in the normal sense, but it is a personal right vested in the licensee.
A protection order authorises a person to sell and supply liquor at specific licensed premises as if that person were the licensee. It is used in situations where the licensee no longer has a right to conduct business under the licence in their own right and the applicant for the protection order intends to carry on trading under the business in the interim until the licence is transferred.
A protection order will not be granted if the applicant does not wish to trade under the licence in the interim. A protection order is only necessary where the applicant intends on carrying on business under the licence to prevent substantive interruption in trading due to the licensee ceasing to occupy or carry on business.
A protection order is not a means to circumvent the transfer of the liquor licence process and is granted for a short period only to allow the continuation of trade under the licence whilst a transfer application is being considered by the licensing authority. Should a transfer application not be approved prior to the expiry of the protection order, a further protection order may be considered if warranted.
The Act provides flexibility to allow persons other than the licensee to carry on business under the licence on a temporary basis in certain situations without the need to apply for a protection order. This is called an interim authorisation.
A relevant entity may take over the business and trade under the licence without the Director’s approval, however, must, within 7 days of exercising that right, give written notice to the Director of that fact. This written notice must set out when the right was exercised and upon what basis (see table below). In some of these cases approval must be sought to exercise the interim authorisation.
Where the freehold owner/lessor of a licensed premises terminates the lease of the licensee, the licensing authority should be advised in writing stating the circumstances of the termination and the eviction date.
An application for the grant of a protection order can be made under certain circumstances.
The entities marked with an * asterisk require prior approval from the licensing authority before trading can commence.
An application is not considered lodged until the fee has been received. An invoice for payment will be issued on receipt of your emailed or posted form and can either be paid through the licensee's online portal account, by posting a cheque made payable to the Department of Local Government, Sport and Cultural Industries or a BPOINT payment link can be emailed on request. Application fees are not subject to GST.
Applications will not be progressed until the fee is received. Generally the application fee is not refundable, even if the application is refused or withdrawn.
In addition to the application fee, new applicants in respect of protection orders and permanent liquor licences (i.e. grant or transfer applications, with the exception of a club or club restricted licence) will pay an additional $166 fee for each individual in a position of authority (including each director and shareholder of the applicant company). If a trustee is being appointed for a club or club restricted licence the $166 fee applies for the trustee.
Ensure all required documentation is attached to your application.
Department of Local Government, Sport and Cultural Industries
Level 2, Gordon Stephenson House, 140 William Street Perth WA 6000
Ensure all documentation is attached to your email.
rgl@dlgsc.wa.gov.au
PO Box 8349Perth Business Centre WA 6849
You can submit online through the portal.
This information is designed to provide authoritative information regarding the subject matter covered, and with the understanding that the Director is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.