Under the Liquor Control Act, 1988, a “Person in a Position of Authority” refers to individuals who are deemed to hold significant influence or control over the operations of a business holding or applying for a liquor licence. This definition includes, but is not limited to:

• Directors of a company applying for the licence.
• Shareholders of a company applying for the licence
• Managers who oversee the day-to-day operations of the licensed premises.
• Any person who is effectively deemed to have some influence or control of the business, even if not officially listed in a leadership or ownership capacity (e.g. shareholders of the shareholding company of the licensee company).

The concept is aimed at ensuring that all individuals who could potentially influence the conduct of licensed premises are subject to regulatory scrutiny.

Why is This Important for New Liquor Licence Applications?

When applying for a liquor licence, the Licensing Authority conducts thorough probity checks to ensure that the applicant and anyone in a position of authority meets the required standards of suitability and responsibility. This high level of scrutiny is in place to:

1. Mitigate Risks: Assessing persons in positions of authority ensures that businesses are not controlled by individuals with criminal histories, financial instability, or poor track records in managing licensed venues.
2. Protect Public Interest: It safeguards public trust in the Hospitality and Liquor industry by ensuring high standards of compliance and integrity.
3. Promote Responsible Management: Aimed at reducing the risk of individuals employing irresponsible practices that could lead to alcohol-related harm in the community and or negatively impact their employees, customers and stakeholders.

Completing the Personal Particulars Form

New applicants must complete a Personal Particulars form (LLD/5), which provides the Licensing Authority with detailed information about each person in a position of authority. The form includes the following:

• Personal Details: Full name, date of birth, residential address, and contact information.
• Employment History: Previous roles and responsibilities, particularly in the hospitality or liquor industry.
• Criminal History Declaration: Applicants must disclose any previous convictions.
• Financial Information: Details regarding financial standing, including bankruptcy history or involvement in businesses that have failed.

NB:  If you have previously been approved by the Licensing Authority in the past 5 years, Applicants will be required to complete a Declaration of Particulars form (LLD/5a).

It is essential that individuals required to complete this form, complete it in full and disclose all relevant details.

The Risks of Non-Disclosure

Failing to disclose or attempting to hide criminal conduct, past associations, or financial background could significantly negatively impact how a liquor licence application is viewed by the Licensing Authority. Some potential consequences include:

• Application Delays: The discovery of undisclosed information during probity checks can result in lengthy investigations and stall the approval process.
• Loss of Trust: Non-disclosure can lead to the perception that the applicant lacks honesty and transparency, which are critical traits for managing a licensed premises.
• Rejection of the Application: An intentional omission of relevant information may result in outright refusal of the application.
• Future Implications: A history of non-disclosure or dishonesty in the licensing process can impact future applications or renewals, as it reflects poorly on the applicant’s integrity.
• Legal Consequences: Providing false or misleading information may also result in legal action or penalties under the Liquor Control Act 1988.

If an Applicant has concerns about providing an individual’s criminal history or financial information you may wish to consult Fraser & Associates Lawyers to discuss what is the best course of action to take.

At Fraser & Associates Lawyers, we specialise in assisting clients with liquor licence applications. Our team can guide you through every step of the process, from understanding your obligations under the Liquor Control Act 1988 to preparing your application, including the Public Interest Assessment.

Whether you are a first-time applicant or looking to expand your business, we can help you achieve your goals efficiently and effectively. Contact us today to discuss your liquor licensing needs.