Transfer of Liquor Licence - Application Kit

Transfer of an Existing Licence/Permit Application Kit This kit contains all the forms and related materials required to apply to change the licence/permit operator in Victoria. Contents In this kit: 1. 2. 3. 4. 5. Transfer of an Existing Licence/Permit Application Form Victoria Police Questionnaire New Entrant Training for Liquor Licensees Fact Sheet Plans of Licensed Premises Fact Sheet Liquor Licensing Fees Need help? For more information: • • visit the Consumer Affairs Victoria website at www.consumer.vic.gov.au/liquor telephone CAV Liquor Licensing on 1300 65 03 67. Licence or permit number Contact name Application to Transfer an Existing Licence or Permit Liquor Control Reform Act 1998 Daytime telephone number Fax number Date Recʼd File No. OFFICE USE ONLY Receipt No. Contact details for person completing this application Postal address Email address Postcode Premises Details Address Trading name at premises (ie registered business name) Postcode Postcode Postal address (for service of notices) Details of current licensee/permit holder or owner/mortgagee (the transferor) Name of current licence/permit holder or owner/mortgagee (person/partnership/company/club) Who is applying for this transfer? The current licence/ permit holder or The owner/mortgagee of the licensed premises because the licence/permit holder has been legally evicted or has deserted the licensed premises ACN (if applicable) Signature of transferor Who must sign this application – If the licence/permit holder or owner/mortgagee is: An individual The individual person - A company One director of the company - A partnership All partners - A club One committee member Signature(s) Certification – I/We apply to transfer the licence as outlined in this application. Printed name(s) Date Details of who is taking over the licence or permit (the transferee) Name of proposed licence or permit holder (person/partnership/company/club) If the trading name used at the premises is changing specify the new name here ACN (if applicable) Give details of each individual, each partner, each director, company secretary, public officer, executive committee member (if more than 4 people, attach a separate page which lists all names and addresses) Full name Residential address Postcode Postcode Postcode Postcode Consumer Affairs Victoria – Liquor Licensing, 113 Exhibition Street, Melbourne 3000, GPO Box 4304, Melbourne 3001 Telephone 1300 65 03 67 www.consumer.vic.gov.au DX 210746 Fax (03) 8684 0688 Email liquor@justice.vic.gov.au ABN 32 790 228 959 LL 12 (6/3/2008) An application for the transfer of a liquor licence or BYO permit must provide the names, dates of birth and addresses of the transfereeʼs associates. Before completing this application, ensure that you read and understand the explanation of what is meant by ʻassociateʼ on the last page of this form. Name Date of Birth Address Postcode Postcode Postcode Postcode Postcode Postcode Declaration of associates Signature of transferee The transferee has no associates as defined in the Liquor Control Reform Act 1998 (tick if applicable) Certification – I/We apply to transfer the licence as outlined in this application and certify that: • upon transfer, I/we will be the freehold owner(s) of the premises or will have exclusive right to occupy the premises; and. • the existing approved plan of the licensed premises held by Liquor Licensing accurately depicts the floor layout of the premises. (Note: If the plan does not accurately depict the layout of the premises, you must submit a new plan with this application). Signature(s) Printed name(s) Date Who must sign this application – If the licence/permit holder is: An individual The individual person - A company One director of the company - A partnership All partners - A club One committee member Before a decision can be made on your application, you must provide the following documents Document checklist Completed police questionnaires. Each individual, each partner, each director and each executive committee member who is named in the transferee section must complete a police questionnaire form as part of this application. Further copies of the police questionnaire form are available from www.consumer.vic.gov.au or by phoning 1300 65 03 67. Show the official address. Be of a scale of 1:100 and on at least A4 size paper. Show some measurements. Be neat and legible. Define the boundaries of the property. Place the property in context - for example include a compass point showing north and street references. Outline the proposed licensed area/[s] in red. Outline areas to be authorised such as footpath areas in red. Show the basic functions or fixtures. For example bar and dining area/kitchen area or in the case of a packaged liquor outlet - shelf areas where alcohol is stored and register location. The Director of Liquor Licensing may request you to provide further information. If this is the case, we will write to you. Fees and lodgement details are provided on the next page If you wish to change the trading hours/conditions of the licence you will also need to complete an Application for Variation of an Existing Licence or Permit form. You can lodge the variation application at the same time as lodging this transfer form. A letter confirming that settlement has occurred must be provided before the licence is issued. The new licensee cannot trade in liquor until such time as their name appears as licensee on the licence. Copies of the existing plan are available by phoning 1300 65 03 67. • • • • • • • • • A plan or drawing of the premises. If the existing approved plan of the licensed premises held by Liquor Licensing does not accurately depict the floor layout of the premises you must submit a plan or drawing of the premises which should: Fees Application fee All applicants must pay the appropriate application fee at the time of lodging this application. The amount is listed on the attached Fees Sheet. There is no GST payable on any fee. You can pay by cheque, money order or credit card. Cash will be accepted only if paying in person. Cheques and money orders are to be made payable to "Consumer Affairs Victoria". Visa Credit card details Card number Mastercard If paying by credit card fill in your credit card details below. Bankcard Amex $ Amount Card expiry date Name of cardholder Signature of cardholder / Date How to lodge this application and accompanying documents By post to: Consumer Affairs Victoria – Liquor Licensing GPO Box 4304, Melbourne 3001 By fax to: (03) 8684 0688 (if paying by credit card) You will be sent a letter that confirms we have received your application and also outlines any further information we require. Once we have received all relevant information and documents, we will make a decision about the grant of your application. If your application is successful, the licence will be transferred and a new licence sent to you. If your application is unsuccessful, we will write to tell you the outcome. For licences only - not BYO permits. Depending on the type of licence applied for, a new licensee may be required to complete an approved training course and provide evidence of completion. If you are required to undertake training we will outline the training requirements via a letter. More information is available on the factsheet “New entrant training for Liquor Licensees” which is available at www. consumer.vic.gov.au or by phoning 1300 65 03 67. What happens next In person to: Consumer Affairs Victoria – Liquor Licensing 113 Exhibition Street, Melbourne 3000 (Counter hours 8.30am-5.00pm Monday to Friday – closed on public holidays) Liquor Control Reform Act 1998 An associate of an applicant is: (a) a person who: (i) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (either in his or her own right or on behalf of another person) in any business of the applicant involving the sale of liquor, and (ii) by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business, or (b) a person who is or will be a director (either in his or her own right or on behalf of another person) of any business of the applicant involving the sale of liquor, or (c) if the applicant is a natural person, a relative of the applicant unless the relative: (i) is not, and has never been, involved in any business of the applicant involving the sale of liquor, or (ii) will not be involved in the business the applicant proposes to conduct as licensee. Where: ‘relative’ in relation to the applicant means: (a) the spouse or domestic partner of the applicant, or (b) a parent, son, daughter, brother or sister of the applicant, or (c) a parent, son, daughter, brother or sister of the spouse or domestic partner of the applicant. ‘relevant financial interest’ in relation to the business involving the sale of liquor means: (a) any share in the capital of the business, or (b) any entitlement to receive any income derived from the business, or (c) any entitlement to receive any payment as a result of money advanced. ‘relevant power’ means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others: (a) to participate in any directorial, managerial or executive decision, or (b) to elect or appoint any person as a director. Privacy Consumer Affairs Victoria is committed to responsible and fair handling of personal information consistent with the Information Privacy Act 2000 and its obligations under the Liquor Control Reform Act 1998. All information provided in this application is available for public viewing. Who is an Associate? VICTORIA POLICE QUESTIONNAIRE, LIQUOR LICENCE APPLICATION THE FOLLOWING INFORMATION IS REQUIRED FROM EACH APPLICANT FOR A LIQUOR LICENCE OR PERMIT. IF THE APPLICATION IS FROM A COMPANY, PARTNERSHIP OR CLUB, A QUESTIONNAIRE IS REQUIRED FROM EACH DIRECTOR, PARTNER OR EXECUTIVE COMMITTEE MEMBER. IF A NOMINEE IS TO BE APPOINTED, THEN HE OR SHE IS REQUIRED TO PROVIDE THE FOLLOWING INFORMATION. NAME................................................................................................................................................................…..........Date of Birth......./......../......….. (Surname) (Other) Former names (specify by marriage, alias etc)......................................................................................…………………....…Male Female Address............................................................................….......................................................................................................................................…. .............................................….........................Postcode.........................Telephone (BH) ........................................(AH)........................................…. Previous addresses in last five years.......................................................…..............................................................................................................…. ............................................................................................................................…....................................................................................................…. Name and address of premises to be licensed..........................................…............................................................................................................…. Name and date of birth of any other persons who will directly or indirectly have a management role or exercise control over the business to be licensed.........................................................................................................................….........................................................................................….. .........................................................................................................................…........................................................................................................…. .................................................................................................................................................................................…................................................…. Have you ever held or applied for a liquor licence in Australia? If yes give dates and location..........….....................................................................… ...................................................................................................................................................…..............................................................................…. Have you had experience or involvement in the management of licensed premises? If yes, give details...........…...................................................... ..........................................................................................................................................................….......................................................................…. THE FOLLOWING QUESTIONS MUST BE ANSWERED FULLY. FALSE ANSWERS MAY SUBJECT THE PERSON MAKING THIS DECLARATION TO PROSECUTION FOR PERJURY AND PREJUDICE THE APPLICATION If you are in any doubt about the need to disclose any incident or event because of the time since it occurred, or its relevance to the application, you are strongly advised to provide details. Non disclosure could lead to the application being refused. Advice about disclosure can be obtained from your District Licensing Inspector. Have you ever been charged with any traffic, criminal, or other offence either in Victoria or elsewhere? (Traffic camera offences may be excluded.) NO If YES, provide details of charge(s), date of any hearing, result, penalties (with or without conviction). YES ..........................................................................................................................................................................................................…........................…. .........................................................................................................................................................................................................….........................….. Have you been the subject of disciplinary proceedings under the Liquor Control Reform Act 1998 or corresponding previous enactments? NO YES If YES, give details of proceedings and results..........................................................................................…...............................…… ..................................................................................................................................................................….................................…... ......................................................................................................................................................................…..............................…... Are there any claims or actions pending against you regarding debt? Are you an undischarged bankrupt? Are there any bankruptcy proceedings against you? YES YES YES NO NO NO I,...............................................................................................................acknowledge that this declaration is true and correct and is made in the belief that a person making a false declaration is liable to prosecution for perjury. ..................................................................................... Signature of person making declaration Name ....../......./.…..... (Date) ...............................................................................….....…….....Signature ..........................................................................................…. Address..................................................................................…........…..........................................................................................................…………. of person authorised under section 107 A of the Evidence Act who witnessed the signature of the person making the declaration. (see over) Title/ Qualification of witness...................................................………................................................................................Date........./......./…......... Who can be an Authorised Referee: Section 107a(1) of the Evidence Act 1958 prescribes the list of persons who may witness the signing of a statutory declaration: A. A justice of the peace or a bail justice; B. A public notary; C. A barrister and solicitor of the Supreme Court; D. A clerk to a barrister and solicitor of the Supreme Court; E. The prothonotary or a deputy prothonotary of the Supreme Court, the registrar or a deputy registrar of the County Court, the principal registrar of the Magistrates’ Court or a registrar or deputy registrar of the Magistrates’ Court; F. The registrar of probates or an assistant registrar of probates; G. The associate to a judge of the Supreme Court or of the County Court; H. The secretary of a master of the Supreme Court or of the County Court; I. A person registered as a patent attorney under Part XV of the Patents Act 1952 of the Commonwealth; J. A member of the police force; K. The sheriff or a deputy sheriff; L. A member or former member of either House of the Parliament of Victoria; M. A member or former member of either House of the Parliament of the Commonwealth; N. A councillor of a municipality; O. A senior officer of a Council as defined in the Local Government Act 1989; P. A registered medical practitioner within the meaning of the Medical Practice Act 1994; Q. A registered dentist within the meaning of the Dental Practice Act 1999; R. A veterinary practitioner; S. A pharmacist; T. A principal in the teaching service; U. The manager of an authorised deposit-taking institution; V. A member of the Institute of Chartered Accountants in Australia or the Australian Society of Accountants or the National Institute of Accountants; W. The secretary of a building society; X. A minister of religion authorised to celebrate marriages; Y. A person employed under Part 3 of the Public Sector Management and Employment Act 1998 with a classification that is prescribed as a classification to which this section applies or who holds office in a statutory authority with such a classification; and Z. A fellow of the Institute of Legal Executives (Victoria). Liquor Licensing Factsheet April 2009 New entrant training for liquor licensees Why training is required Understanding your responsibilities under liquor law is an essential first step for liquor licensees in meeting the expectations of the community and in conducting a successful business. Section 44 of the Liquor Control Reform Act 1998 (the Act) provides that the Director of Liquor Licensing may refuse to grant an application if the applicant or transferee does not have an adequate knowledge of that Act. The Director of Liquor Licensing has developed new entrant training standards to meet this requirement. Applicants are required to complete an approved one day course that covers understanding liquor law and Responsible Serving of Alcohol (RSA). The Director has approved William Angliss Institute of TAFE’s “Licensees’ First Step” as an approved course. A list of approved providers for this course can be found on our website at www.consumer.vic.gov.au/liquor, or alternatively, contact Liquor Licensing on 1300 65 03 67 and select option 2 (new entrant training). The one day course provides training on: • • • the legislative environment for liquor licensees understanding your liquor licence, and best practice in managing licensed premises. Applicants who have previously completed an approved RSA course and can provide a copy of the certificate, need not attend the RSA part of new entrant training, but must complete the session on understanding liquor law. An application for a liquor licence will not be granted until new entrant training has been completed for all liquor licence types, except for a packaged liquor licence, pre-retail licence and BYO permits. It is a requirement of the Act that the holder of a packaged liquor licence, must complete an approved RSA course within 3 months of the application being granted. A list of applicants who need to complete the training is provided over the page. It also incorporates an approved RSA program. www.consumer.vic.gov.au/liquor 1300 65 03 67 New entrant training for liquor licensees Applicants who need to complete new entrant training are: • Natural person applicants, who do not presently hold a liquor licence in Victoria. One director of a company applicant. One committee member of a club applicant. A director of a company, that presently holds a licence, who is seeking to obtain another licence as a “natural person” or as part of another body corporate. Where the directors of a company all live outside Victoria, a nominee must be appointed who will be required to complete the training. If the applicants are a partnership, all partners will need to be trained. Applicants for appointment as a nominee. Applicants for renewable limited licences, with an on-premise capacity. • Applicants for certain limited licences, where a judgement is made by the Director that the training would be appropriate. Applicants seeking approval to sublet any part of the licensed premises, or to carry on business of supplying liquor on the licensed premises. • • • • • • • • Victorian Consumer & Business Centre 113 Exhibition Street, Melbourne 3000 Liquor Licensing GPO Box 4304, Melbourne, 3001 Telephone 1300 65 03 67 Facsimile 03 8684 0688 Email liquor@justice.vic.gov.au Website www.consumer.vic.gov.au/liquor “Restoring the Balance - Responsible Service - Sensible Consumption - Safer Community” Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advise or reference to the actual legislation. Authorised by the Victorian Government, 121 Exhibition Street, Melbourne, Victoria, 3000. page 2 of 2 Liquor Licensing Factsheet June 2009 Plans of licensed premises Plan requirements When a liquor licence is granted, it is for a defined area. This area is shown by a red line drawn on a plan of the premises, submitted with the application, and approved by the Director of Liquor Licensing. A plan of the premises must accompany applications for: • • • a licence or BYO permit a variation of a licence or BYO permit that involves a change to the licensed area a transfer of a licence or BYO permit if the current floor layout of the premises differs from the plan held at Liquor Licensing the relocation of a licence or BYO permit The plan should be lodged with the application form. In addition, the Director of Liquor Licensing may at any time request that a licensee prepare a plan and submit that plan for certification. What form should a plan take? The Director of Liquor Licensing has specified that a plan must contain the following elements: • • • • • • • • • • be of a scale of 1:100 (1cm = 1m) be on at least A4 size paper (graph paper is not acceptable) be drawn in ink and be neat and legible include premises address include a compass point showing north and names of the surrounding streets define the boundaries of the property outline the proposed licensed area/s in red outline in red, areas to be authorised such as footpath show measurements of areas to be licensed, including authorised areas show the basic functions or fixtures, for example, bar and dining area/kitchen area or in the case of a packaged liquor outlet, shelf areas where alcohol is displayed and the cash register is located. If your plan does not meet these requirements, you will be required to resubmit your plan. An example of a plan is provided on page 2 of this factsheet. • www.consumer.vic.gov.au/liquor 1300 65 03 67 Plans of licensed premises What happens to my plan? The plan submitted with your application will be endorsed as an approved plan and retained by the Director of Liquor Licensing. Victoria Police may view the approved plan to assess whether you are trading in accordance with your licence. A copy of your approved plan can be purchased from Liquor Licensing on 1300 65 03 67. Plan example Premises address: 100 Green Street, Nobletown GREEN STREET Ground floor plan 1:100 Scale BROWN STREET Victorian Consumer & Business Centre 113 Exhibition Street, Melbourne 3000 Liquor Licensing GPO Box 4304, Melbourne, 3001 Telephone 1300 65 03 67 Facsimile 03 8684 0688 Email liquor@justice.vic.gov.au Website www.consumer.vic.gov.au/liquor “Restoring the Balance - Responsible Service - Sensible Consumption - Safer Community” Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advise or reference to the actual legislation. Authorised by the Victorian Government, 121 Exhibition Street, Melbourne, Victoria, 3000. page 2 of 2 Liquor Licensing Fees The following fees are applicable from 1 July 2009 The fees listed below apply to applications for new liquor licences or BYO permits. The annual renewal fees are also shown. The Licence Fee must accompany the application at the time of lodgement with Liquor Licensing. The Renewal Fee is payable annually from 1 January. General On-Premises Packaged Liquor Club (Full) Club (Restricted) Pre-Retail Vigneron’s Limited (Renewable) Limited (Non-Renewable) • Licensed person • Non Licensed person BYO Permit Licence and Permit Fees (Fees are GST exempt) The fees listed below apply to the lodgement of applications to change the details or conditions on a licence or BYO permit. The appropriate fee must accompany the application at the time of lodgement. Application Variation to Licence Variation to BYO Permit Transfer of Licence Transfer of BYO Permit Relocation of Licence Relocation of BYO Permit Amalgamated Club Endorsement on Licence or BYO Permit by Executor, Trustee etc Endorsement on Licence or BYO Permit by Owner, Mortgagee etc Approval of nominee or director Underage Approval for entertainment event Fees for Changes to a Licence or BYO Permit Category of Licence or Permit Licence Fee $602.00 $602.00 $602.00 $602.00 $602.00 $602.00 $602.00 $60.20 Renewal Fee $333.60 $333.60 $257.40 $269.70 $101.70 $232.70 $232.70 95.70 If you are also applying for additional trading hours the following fees will be payable when the application is granted. These fees will be pro-rated to reflect the months remaining in the year. (See Note). Additional Hours (Except Packaged Liquor) $27.70 $60.20 $132.40 N/A N/A $158.60 $305.20 $61.10 $229.50 $45.90 $425.40 $80.30 $337.00 $88.40 $88.40 $58.50 $34.70 $11.70 Fee Consent to let or sub-let part/all of premises Additional Hours (Packaged Liquor) Days Consent to permit another person to supply liquor $23.10 Days Monday to Saturday Sunday Sunday Good Friday & ANZAC Day 1.00am to 7.00am 7.00am to 10.00am 11.00pm to 1.00am the following day 11.00pm to 1.00am the following day 1.00am to 7.00am Additional Hours Annual Fee The fees listed below apply to packaged liquor licences only. Additional Hours $1716.10 $569.90 $1028.50 $1716.10 $652.20 Monday to Saturday Sunday ANZAC Day Before 10.00am and after 11.00pm 7am to 9.00am 11.00pm to 1.00am the following day 1.00am to 7.00am Annual Fee $755.50 $1994.70 $424.50 $594.20 $438.40 $1041.00 Good Friday & ANZAC Day 7.00am to 12.00 noon $841.70 7.00am to 12.00 noon 11.00pm to 1.00am the following day Note If the additional trading hours component of the licence fee is to be pro-rated, the amount payable will be determined in accordance with the formula: when: A=B x C A is the amount of the additional fee 12 B is the full year amount shown in the table C is the number of months that the additional hours condition will be in force during the year Telephone 1300 65 03 67 www.consumer.vic.gov.au/liquor DX 210746 Liquor Licensing, 113 Exhibition Street Melbourne 3000 (Counter hours 8.30am-5.00pm Monday to Friday – closed on public holidays) GPO Box 4304, Melbourne 3001 Fax (03) 8684 0688 Email liquor@justice.vic.gov.au ABN 32 790 228 959 (1/7/09)