Transferring a Liquor Licence
If you are buying a business that trades with a liquor licence, then as part of the sale of business agreement, you will need to make an application to the Independent Liquor & Gaming Authority (ILGA), the statutory decision-maker responsible for determining licensing matters under liquor (and gaming) legislation, to transfer the licence.
Assuming the transfer is with the written permission of the outgoing licensee (usually the vendor of the business) and there are no gaming machine entitlements, you will need to include the following with your transfer application:
(a) Evidence of Responsible Service of Alcohol (RSA) qualifications.
(b) A copy of your NSW National Police Certificate that is less than three (3) months old or a receipt that shows you have applied for one.
(c) If you are a corporate licensee, you must provide a current ASIC extract showing the office holders in the company.
(d) A statement as to interested parties. For the purposes of the Liquor Act 2007 (NSW), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:
(i) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business, or
(ii) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.[1]
ILGA will not grant a licence unless it is satisfied that, amongst other things, the applicant is a fit and proper person to carry on the business or activity to which the licence relates and practices will be in place at the licensed premises that ensure that liquor is sold, supplied or served responsibly from the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place. In determining whether a person is a “fit and proper person” to carry on the business, ILGA will consider if the person is of good repute, having regard to character, honesty and integrity and is competent to carry on the business.
If the licensee is a corporate licensee, then it must appoint an individual manager approved by ILGA to supervise and manage the licensed premises. The person can’t be appointed a manager if at the time of the appointment the person already holds an appointment as the manager of other licenced premises.
Contact Conditsis Lawyers today if you require assistance with the transfer of an existing licence or an application for a new licence.
[1] Section 41 of the Liquor Act 2007 (NSW)
