Liquor Licensing
If you are considering obtaining a liquor licence for your business, or are an existing licensee who wants to make changes to how you operate, we can assist you in what can be a daunting and overwhelming process.
The addition of a liquor licence to a hospitality business can reap rewards but a refusal of a liquor licence application can bar a potential licensee from re-applying for years. It is important to get everything right the first time. This is where we can help.
At Fraser & Associates, we service a range of licensees from across the State, from family-owned small businesses to large hospitality chains. We work with our clients based on their budget to either help them get their liquor business up and running, or alternatively, to assist them to make changes to their liquor licence, which improves their operations and maximises opportunities for growth.
For an obligation free initial discussion, contact us to discuss.
Our services include:
- New Applications
- Public Interest Submissions & dealing with Interventions & Objections
- Transfer of a Liquor Licence
- Changes to the licensed area
- Varying licence conditions
- Extended Trading Permits (e.g. extended trading hours, additional area, alfresco dining, liquor without a meal)
- Occasional licences and One-Off Extended Trading Permits
- Disciplinary proceedings (Section 95) Show Cause Notices (Section 64) and Infringements
- Reviewing Decisions – Liquor Commission hearings
- Advice and representation across all relevant jurisdictions, including the Magistrate Court, Liquor Commission and Supreme Court
Please see below for further information or if you are not sure what you are looking for:
Transfer of Licence – Buying a Bar
We act regularly for both Sellers and Purchasers of licensed premises, and can assist with all aspects of the Transfer application process, including:
- Assignments of Liquor Licence
- Due diligence (liquor compliance) review
- Preparation & lodgement of Transfer Applications
- Leasing and sub-leasing liquor requirements
If you are thinking of buying, or already have agreed to buy, a Bar, Restaurant, Tavern, Hotel or other licensed premises, contact us to see how we can assist you.
Taverns, Hotels and Nightclubs
Tavern, Hotel and Nightclub licenses have more demanding application requirements. An applicant must demonstrate that the grant of the licence is in the public interest. An application must be supported by a Public Interest Submission (PIA), supported by evidence.
Tavern and Hotel Licences can either be “Restricted” or “Unrestricted”, depending on whether or not you are seeking to sell liquor for off-site consumption.
The benefits of a strong, comprehensive Application supported by evidence cannot be understated.
Contact our office today to discuss your venue and licence requirements.
Public Interest Submission (PIA)
Many new applications require a PIA.
There are a number of requirements that need to be covered in a PIA including how the business will operate, the amenity of the locality, existing and potential alcohol related harm and the requirement for the proposed venue.
Preparing a PIA can be overwhelming, so let us do the hard work for you, so you can focus on other aspects of setting up or running your business.
Contact our office today to discuss how we can assist you in preparing your Application and PIA.
Extended Trading Permits
An Extended Trading Permit (ETP) can be granted by the Licensing Authority to permit a Licensee to trade in a way not otherwise permitted by the licence itself (e.g. later trading hours).
There are many types of ETP’ that can be obtained and multiple ETP’s can be granted and attached to a single licence, in appropriate circumstances.
It is also possible to seek what is known as a “One-off ETP”, where a Venue may wish to trade in a particular manner for a specified event over a limited duration. “One off” has been deemed to include a series of events, such as a month-long sporting tournament outside of trading hours (such as the World Cup).
If you would like to explore how an ETP may complement your existing or planned liquor licence, contact our office today.
Small Bars and Restaurants
A small bar licence authorises the holder to sell and supply liquor for onsite consumption. Takeaway sales are not permitted and there are restrictions on patron numbers.
A restaurant licence permits the sale of liquor for consumption ancillary to a meal.
Often, small bar and restaurant licences can also have an ETP attached to extend the manner in which they are permitted to trade. For example a restaurant can obtain an ETP to sell liquor for on site consumption with no requirement to have a meal in certain circumstances.
Contact our office today to discuss your venue and licence requirements.
Producers and Wholesalers Licence
A Producers licence permits a Licensee to sell any type of liquor produced directly under (or personally by) the Licensee.
A Producer’s Licence can be an attractive option for someone who wants to sell their own liquor products direct to the public either onsite (e.g. cellar door with or without other services such as food) and/or as packaged liquor (to be consumed off licensed premises).
Contact our office today to discuss how you can start to sell your own packaged liquor products direct to the public.
A Wholesaler’s licence authorises a licensee to sell liquor for consumption off licensed premises primarily to liquor merchants. There are strict rules regarding storage of liquor and sale quantities.
Contact our office today to discuss how to obtain a Wholesaler’s licence.
Liquor Stores
A Liquor Store licence permits a licensee to sell takeaway liquor for consumption off the licensed premises.
When applying for a liquor store licence an applicant must addressing the availability and range of existing takeaway liquor services in the area and providing evidence of a demand for the proposed services not currently being satisfied.
Contact our office today to discuss how we can assist you in obtaining a Liquor Store licence.
Special Facility Licences
A Special Facility Licence (“SFL”) can only be obtained for a prescribed service.
There are several specific sub-categories of SFL, including:
- Amusement Venue
- Auction
- Bed and Breakfast
- Catering
- Education and Training Course / Institute
- Foodhall
- Online Wine Sales
- Reception of Function Centre
- Room Service
- Sports Arena
- Theatre or Cinema
- Tourism
- Works Canteen
If you would like to explore a SFL for your venue, contact our office today.
Alterations / Redefinitions and Add/Vary Condition Applications
As your business grows you need to have the flexibility to change the way you trade and how you trade
Alteration / Redefinition
An Application to Alter or Redefine a licensed premises most commonly involves changes in either the size of the venue, or the way in which a venue is used (e.g adding or removing a restaurant)
Add/Vary/Cancel (AVC)
An AVC Application is lodged to alter the trading conditions which are placed on a licence. If there is a condition which is making trade unviable, or simply cannot be reasonably complied with (e.g. an overly onerous security condition, a restriction on live music, limits on patron numbers) it is worthwhile considering whether it can be changed or removed.
Our team can help you to identify any conditions on your licence which should be changed or removed and draft amendments to the wording or recommend alternative conditions.
Contact our office today if you want to discuss making changes to your Venue.
Liquor Licence Objections
After a Liquor Application during the advertising period objections can be lodged against the grant of the application on several grounds.
A successful objection can lead to the refusal of an application or the imposition of onerous trading conditions.
If you have a query regarding a Liquor Licence Objection, contact our office today.
Interventions
An Intervention can only be lodged by the Police, Health Department, or Local Council.
Similar to an objection, all issues and recommendations raised in an Intervention need to be carefully considered and responded to during the determination stage of the application process. Failing to do so can potentially impact the success of your application or the conditions placed on the licence.
If you have received an Intervention, it is not too late to get us involved to help salvage your application. Contact us today.
Investigations and Disciplinary Proceedings
Investigations into the operations or persons involved in the running of a Liquor Licence can be commenced by two separate bodies: the Western Australian Police, or the Licensing Authority itself.
In either circumstance, there is usually a trigger, either a large incident involving an alleged breach of conditions, or a series of small incidents or a cluster of liquor infringements issued.
- Compliance Investigations and S64 Proceedings (usually commenced by a Show Cause Letter) need to be carefully responded to within set deadlines. The Licensing Authority has the discretion to impose additional, or more onerous conditions upon a Licence that can negatively impact your business.
- Section 95 Proceedings
The Licensing Authority may also, initiate formal disciplinary proceedings against a Licensee or a Director of a Licensee in some circumstances which can result in the following orders:- A reprimand;
- Changes in trading conditions, a suspension or even a cancellation of a licence;
- A fine;
- A person being disqualified from holding a position of authority within a Licensee company (i.e. remove them as a director) for a limited or indefinite period of time.
It is important to take all investigations and disciplinary investigations seriously, as the outcome can potentially be devastating to your business.
If you have any queries or are unsure about your rights or options with regards to an Investigation or a Disciplinary Proceeding, contact our team today.
Noise Complaints
Most Noise Complaints originate from the Venue’s neighbours of the local council.
A successful complaint can result in onerous conditions being placed on a licence.
If the complaint cannot be easily addressed in-house, we can assist you in defending a complaint and/or negotiating an acceptable outcome.
Contact our office today if you need to deal with issues relating to Noise Complaints or entertainment conditions for your Venue.
