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’.
How a transfer is made
There are three situations where a Transfer of Licence can be made:
- Contract for the sale or assignment of business.
- Entity has the right to carry on business or may be granted a Business Continuity Order.
- With leave of the Director.
Contract for sale or assignment
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.
Right to carry on business or Protection Order
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 Business Continuity Order (section 84(1)(b)).
Right to Carry on Business (Section 86)
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.
Business Continuity Order (Section 87)
Where the licensee is suddenly unable to operate their business an application for a Business Continuity 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.
With Leave of the Director
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 Business Continuity 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.
Application fees
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, Industry Regulation and Safety 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.
| Fee description | Fee (no GST applicable) |
|---|---|
| Transfer of liquor licence | $1013.50 |
In addition to the application fee, new applicants in respect of Business Continuity 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 $175 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 $175 fee applies for the trustee.
Lodgement (minimum requirements)
- Form 10 Notice of application for approval of transfer of licence.
- Prescribed application fee. Cheques are to be made payable to the Department of Local Government, Sport and Cultural Industries.
- A signed copy of the offer and acceptance document for the sale of the business or a written agreement between the existing licensee and the applicant assigning the rights under the licence (section 84(1)(a)).
- A written submission explaining the circumstance surrounding the application (section 84(1)(b) & 84(1)(c)).
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, who are individuals, of the applicant company.
Please note that further details may be requested if required.
- Trust Details. Where the applicant is trustee for a trust, please provide the following details:
- the name, residential address and date of birth of each adult primary/specified beneficiary of the trust where it is a family trust; and
- the name, residential address and date of birth of each unit holder/recipient, who are individuals, where it is a unit trust/superannuation fund.
Please note that further details may be requested if required.
- Training Certificate. Management of Licensed Premises (refer to Director’s Mandatory Training policy).
- Harm Minimisation. House Policy, Code of Conduct and management Plan (refer to Director’s Harm Minimisation policy).
Other documents that may be required
- Where any of the people involved holds office or is 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 a licensed premises.
- Where any of the people involved has been previously bankrupt and the bankruptcy has been discharged, a letter evidencing the discharge of the bankruptcy must be lodged.
- Producer’s Questionnaire. The questionnaire needs to be completed by producers of wine to demonstrate that they will be a genuine producer.
Downloads
- Form 10 Notice of application for approval of transfer of licence
- Form LLD5 Personal particulars
- Form LLD5A Declaration of particulars
- Producers Licence questionnaire
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 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.
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