Where a body corporate is the holder of a licence, other than an occasional liquor licence, and wishes to appoint a person to a position of authority in the body corporate as a director and/or shareholder, an application must be lodged with the licensing authority seeking approval to do so.
That person cannot assume a position of authority in a body corporate as a director and/or shareholder that holds a licence until approval has been given by the licensing authority.
When is an application not required?
In the case of a person who has already been approved by the licensing authority as a shareholder in the body corporate that holds a licence and wishes to increase or decrease their shareholding in that company. In this instance, written advice of the change is required within 14 days of the change.
Lodging the application
Applicants must lodge completed applications at the Department of Local Government, Industry Regulation and Safety. An application should be made using the forms provided below.
Important information
Section 34 of the Act sets out that applications cannot be granted if the applicant is:
- bankrupt or has assigned his/her estate for the benefit of his/her creditors;
- incapable of managing his/her affairs because of a mental disorder;
- under sentence of imprisonment;
- under receivership or official management, or is in liquidation (companies only);
- disqualified from holding a licence, or holds a licence which has been suspended, as a result of previous disciplinary proceedings;
- a juvenile (for example less than 18 years of age); and
- a Commonwealth or State public servant (including employees of Crown instrumentalities), unless the licensing authority is satisfied that there is no conflict of interest between the applicant’s employment and the operation of the licence.
Application fees
The application fee must be lodged with the application. Please refer to the fee schedule below. Please note that the application cannot be examined until the fee is received. Generally, the application fee is not refundable, even if the application is refused or withdrawn.
| Fee description | Fee (no GST applicable) |
|---|---|
| All licences other than a club or club restricted licence | $188.00 |
| Club or club restricted licence | $128.50 |
Application fee applies for each new director or shareholder of the licensee company. An additional $175 fee applies for each person who is a party to the application in relation to whom a background check is sought from the WA Police Force. If a police report is sought for a new trustee of a club or club restricted licence an additional $175 fee applies.
Lodgement
- Form 15 Notice of application for approval of a director or shareholder
- Prescribed application fee. Cheques are to be made payable to the Department of Local Government, Sport and Cultural Industries.
- Completed Personal Particulars form (LLD/5 or LLD/5A) for each person involved:
- in the case of a limited company for each director of the applicant company; or
- in the case of a proprietary limited company for all directors and shareholders of the applicant company. In cases where a shareholder of the applicant company is a company, all of the directors and shareholders need to do forms on behalf of the shareholding company.
Other documents that may be required
Where any of the people involved hold office or are employed in the Public Service of the State or Commonwealth or in any agency or instrumentality of the Crown, a letter from the department which employs that person stating that they have no objection to the person being involved with the licensed premises.
A copy of the training certificate showing successful completion of the Course in Management of Licensed Premises (refer to Directors Policy 'Mandatory Training') in the case of a director appointment only replacing an existing director who is the only person that has completed the mandatory training.
Downloads
- Form LLD5A Declaration of particulars (docx) (66 KB)
- Form LLD5 Personal particulars (docx) (98 KB)
Submitting your application
Ensure all required documentation is attached to your application.
In person
Department of Local Government, Industry Regulation and Safety
Level 2, Gordon Stephenson House, 140 William Street Perth WA 6000
By post
Department of Local Government, Industry Regulation and Safety
PO Box 8349
Perth Business Centre
WA 6849
Disclaimer
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.
