Requirements when applying for a transfer of liquor licence as per the Liquor Control Act 1988 (the Act).
When a liquor licence is granted, it is granted to a specific entity known as “the licensee”. The licence allows only the licensee to sell or supply liquor at the licensed premises.
If the licensee wishes to sell the business (operated under the licence) to another entity, then the applicant who wishes to purchase or be assigned the rights to the business (including the rights to operate under the licence) must apply to the department to take over the business. This is done by lodging a transfer of licence application. It is important to note that settlement cannot take place until prior approval of the transfer application has been granted by the department.
During the Transfer of Licence application the existing licensee must not vacate the premises and the applicant must not sell or supply liquor until approval has been given by the licensing authority. If the licensee has vacated the premises prior to the transfer application being lodged then consent for the transfer may be given with ‘leave of the Director’.
There are three situations where a Transfer of Licence can be made:
A contract must be provided that will give the rights of the licensee to the applicant to carry on business under the licence (section 84(1)(a)).
The contract must be made between the applicant and the current licensee for it to be considered valid.
The contract must be subject to a condition precedent requiring the prior approval of the licensing authority before settlement can occur.
An application can be made by a person who has the right to carry on the business of the licensee or by a person who may be granted a Protection Order (section 84(1)(b)).
Circumstances where the licensee has become bankrupt, disabled or other events as indicated under section 86 apply to the right to carry on business. Examples of persons who can apply are liquidators, administrators or an executor of the estate.
Where the licensee is suddenly unable to operate their business an application for a Protection Order can be made by the freehold owner or another person mentioned above, to allow the continuation of the business to prevent a loss of income/profit. If approved, the applicant can then apply for a Transfer of Licence to ensure the continuation of the business.
In situations where the licensee is no longer able to give consent for the transfer to occur the applicant must also provide a submission with the application seeking leave of the Director outlining the reasons (section 84(1)(c) and section 84(3)).
This includes situations where the licensee has been evicted, has vacated the premises or has become deceased and a Protection Order is not applicable.You will need to show evidence that you have attempted to contact the licensee to advise them of your application (for instance registered post slip).
Please ensure your submission outlines why there is no contract for the sale or assignment of business and provides justification as to why the Director should exercise discretion.
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 in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing 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.