Australian Liquor Licence Transfer
In our previous blog post, we discussed how to apply for a liquor licence. However, aside from applying for a liquor licence, another common issue is the transfer of this licence. agreement to transfer. For restaurant owners, transferring a business is a frequent occurrence. Usually, the next owner intends to continue running the restaurant, and therefore, the current owner may need to transfer the liquor licence along with the premises and lease.
Basic Process of Liquor Licence Transfer in Australia
Transferring a liquor licence in Australia involves a series of clear steps. Here’s a breakdown of the basic process for transferring your liquor licence:
- Online Application: Visit the official Liquor & Gaming NSW website to complete the online application form.
- Submit Required Documents: Upload the necessary documents as per the guidelines.
- Payment: Complete the payment process and submit your application for review.
Four Common Liquor Licence Transfer Scenarios and Solutions
The most straightforward situation to transferring a liquor licence is when the current liquor licence holder agrees and provides written consent.
- Temporary Approval: After submitting the application, Liquor & Gaming NSW usually provides temporary approval within five business days, ensuring the business continues without interruption.
- Full Transfer Time: The entire process typically takes around 60 business days to complete.
If the current liquor licence holder cannot be contacted or refuses to transfer the licence, what should you do? In this case, the owner of the premises can apply to transfer the liquor licence into their name or a designated person’s name without the holder’s written consent. This is called an occupier’s transfer application.
Key Points:
- The owner must notify the current licence holder via letter or email to inform them of the intention to transfer the licence.
- The holder has three days to submit their views to Liquor & Gaming NSW after receiving the notification.
In extreme cases such as the death, disability, or bankruptcy of the liquor licence holder, the liquor licence may need to be transferred urgently. In such situations, an emergency receiver can temporarily manage the business.
Emergency Receiver Options:
- The spouse of the license holder;
- A family member;
- A representative of the family operating the business.
The emergency receiver can continue operating the business for up to one month. If they wish to hold the liquor licence long-term, they must quickly submit the required forms to Liquor & Gaming NSW to apply for the transfer.
For businesses that hold multiple liquor licences and move employees between locations, Liquor & Gaming NSW offers a simplified internal transfer option. However, the business must meet the following criteria:
- The business owner has not changed;
- The proposed licence holder is an individual, not an organization;
- The business owner provides written consent;
- The proposed licence holder has held the same type of licence within the last three years;
- The proposed licence holder has no criminal record within the last three years.
Businesses meeting these conditions can transfer liquor licences more quickly internally.
Seek Professional Assistance
The above is a comprehensive guide to transferring a liquor licence. Whether it’s a personal transfer or a simplified internal transfer for a business, each situation has clear procedures. If you encounter any issues during the liquor licence transfer process in NSW, feel free to contact us. We are here to provide expert advice and services.
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