A transfer of a liquor licence refers to the legal process through which the ownership and control of a liquor licence is transferred from one party to another. This is crucial to ensure that the new owner of a licensed premises has the legal right to sell and supply alcohol. Without completing this process, the new business owner does not have the necessary approval for liquor to be sold and consumed at their venue.
When Do You Need a Transfer of Liquor Licence?
A transfer application must be lodged when a liquor licence is going to be held by a different person, entity or organization than the one to whom it has previously been granted.
This can occur due to a sale of a business, abandonment of a lease, or even corporate re-structuring involving new or different companies becoming involved.
What Does the Transfer of Liquor Licence Entail?
The process of transferring a liquor licence in Western Australia is not as simple as filling out a form. It involves multiple steps, documentation, and approvals to ensure that the new licensee meets all legal requirements. Here’s an overview of what the process entails:
- Lodging the Application: The application for transferring the liquor licence must be submitted to the DLGSC. This can be a lengthy process requiring detailed paperwork, including proof of the sale or transfer of the business, identification documents, and financial details of the new owner.
- Background Checks: All incoming licensees will undergo background checks, including a review of their criminal history, to ensure that they are fit and proper to hold a liquor licence. This is a critical step in protecting public safety and ensuring responsible service of alcohol.
- The Police: The Police may choose to lodge an intervention opposing either the transfer of a liquor licence to an individual or alleging a person who wishes to assume a position of responsibility in a corporate licensee, partnership or association is not a fit and proper person.
- Compliance with Conditions: The new owner must ensure that they can meet the conditions of the liquor licence. These conditions might relate to the hours of operation, the type of alcohol being sold, and the responsible service of alcohol.
- Payment of Fees: There are also application and transfer fees that must be paid during this process.
Why Getting Fraser & Associate Lawyers to Handle the Process is a Smart Move
While it might seem like a straightforward administrative task, the process of transferring a liquor licence in Western Australia can be complicated, time-consuming, and costly if done incorrectly. This is where having a legal expert like Fraser & Associate Lawyers can be invaluable.
Here are some reasons why engaging Fraser & Associate Lawyers is a good idea
1. Expert Knowledge of Liquor Licensing Laws
Liquor licensing laws in Western Australia can be intricate, with different regulations for different types of establishments. Fraser & Associate Lawyers have in-depth knowledge of the Liquor Control Act 1988 and can ensure that the transfer process is compliant with all relevant legal requirements
2. Streamlined Process
By using a lawyer, you reduce the risk of delays and rejections in the application process. Lawyers at Fraser & Associates have extensive experience in preparing the necessary documentation, lodging the application, and liaising with the DLGSC and other regulatory bodies. Their expertise can help fast-track the approval process and reduce the risk of mistakes.
3. Compliance with Conditions
Failing to comply with the conditions of a liquor licence can result in fines or even the revocation of the licence. Fraser & Associate Lawyers can provide ongoing advice to ensure that your business continues to operate within the confines of the law, helping you avoid penalties and maintain a good standing with licensing authorities
4. Peace of Mind
Navigating the liquor licence transfer process on your own can be stressful, especially when you’re trying to manage the sale or transfer of a business at the same time. Fraser & Associate Lawyers take the pressure off by handling the entire process on your behalf, giving you peace of mind that everything is being taken care of professionally.
If you’re considering transferring a liquor licence, contact Fraser & Associate Lawyers for expert legal assistance to ensure a smooth and successful transition.