Right to Supply Liquor Sublet Premises - Liquor Licence

Right to Supply Liquor / Sublet Premises Application Kit This kit contains all the forms and related materials required to apply to: - allow another person to carry on a business of supplying liquor on the licensed premises; or - sublet all/part of licensed premises to another business in Victoria. Contents In this kit: 1. 2. 3. 4. Application for Approval to Right To Supply Liquor / Sublet Premises Consent Form Victoria Police Questionnaire New Entrant Training for Liquor Licensees Fact Sheet 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. Application For Approval To OFFICE USE ONLY Date Rec’d / LL 2.8/06 / SUB-LET PREMISES Or THE RIGHT TO SUPPLY LIQUOR Please Print Clearly File No. ____________________ LIQUOR LICENCE/PERMIT NUMBER: LICENCE/PERMIT DETAILS Name/s of current Licensee/Permittee (person/partnership/company/body corporate/club) ACN Number (if applicable) CONTACT DETAILS (business hours contact for you/your representative) Contact Name Email: Phone Fax PREMISES DETAILS Address of premises Postcode: Postal address (if different from above) Postcode: Trading Name: Consumer Affairs Victoria Liquor Licensing 113 Exhibition Street, Melbourne Victoria 3000 GPO Box 4304, Melbourne 3001 DX 210746 Telephone 1300 65 03 67 Fax 8684 0688 www.consumer.vic.gov.au ABN 32 790 228 959 Application For Approval To SUB-LET PREMISES Or THE RIGHT TO SUPPLY LIQUOR Please Print Clearly This application relates to Liquor Licence/Permit Number Use this form to apply for approval to let or sub let any part of the licensed premises or the right to supply liquor. I, the licensee or permittee apply for the approval: to let or sub-let part of the licensed premises, or for another specified person to carry on a business of supplying liquor on the licensed premises Name of the lessee, sub lessee or specified person/s Please Note: The Director of Liquor Licensing may request an applicant to provide any other information. If required to do so you will be notified in writing. As part of your application you will also be required to provide: 1. Completed Police Questionnaires To be completed by the proposed lessee or sub-lessee or by the person proposed to carry on the business. 2. A copy of the lease, sub-lease or other written management agreement. Address of the lessee, sub lessee or specified person/s Postcode: PERIOD OF APPROVAL The Director may require more information for an arrangement for a duration of more than 10 years. NOMINEE If the licensee is a company or body corporate and has no current approved Nominee this application must be accompanied by an application to approve a nominee. TERMS AND CONDITIONS Subject to the discretion of the Director the terms and conditions set out in “The Terms and Conditions Consent Form” available from Liquor Licensing. STATEMENT OF PROPOSED ARRANGEMENT Please provide a summary of the proposed operating arrangements. SIGNATURE/S OF APPLICANT/S Date / / Date / / CONSENT FORM Terms & Conditions Section 105 & 106 of Liquor Control Reform Act 1998 (“LCRA”) Please Print Clearly Licence No Premises Name Premises Address Section 105 (Let or Sub-Let) Section 106 (Right to Supply) Definitions: “Other Person” means the person other than the licensee for whom consent under Section 106 LCRA is applied for to carry on a business of supplying liquor on the licensed premises or, not being employed by the licensee or permittee, is to be engaged in carrying on such a business. The consent of the Director of Liquor Licensing to an application under Section 105 or 106 LCRA may be on such terms and conditions as he or she thinks fit including the following terms and conditions, and the licensee and the Other Person consent to the following terms and conditions. 1. All liquor supplied on the licensed premises must be supplied by the licensee or by the Lessee/Sub-Lessee or his or her employees or by the Other Person or his or her employees as agent of the licensee. 2. All liquor supplied on the licensed premises must be purchased by the licensee under it's licence. 3. If the licensee is a body corporate, the licensee must at all times during the continuance of this consent appoint and keep appointed a nominee for the licensed premises pursuant to Section 54 LCRA. 4. The licensee and the Lessee/Sub-Lessee or Other Person acknowledge that the Licensee is at all times primarily responsible as licensee under the LCRA for compliance with the LCRA and the terms and conditions of the licence and control of the licensed premises. 5. Notwithstanding any agreement between the licensee and the Lessee / Sub-Lessee or Other Person to the contrary, the Lessee / Sub-Lessee or Other Person shall comply with all directions of the licensee and its nominee under Section 54 LCRA in relation to compliance with the LCRA and with the terms and conditions of the licence and in relation to the sale and disposal of liquor in the licensed premises. 6. The Licensee consents to the Licence being varied to include the following condition: 7. “The terms and conditions of any consent of the Director of Liquor Licensing given to the licensee for the licensed premises under Sections 105 or 106 of the Liquor Control Reform Act 1998 are incorporated as terms and conditions of this licence as if set out in full herein.” 8. Subject to clause 10, this consent shall be for the period determined by the Director of Liquor Licensing or until terminated under clause 10 whichever first occurs. 9. The licensee and the Lessee / Sub-Lessee or Other Person by their execution of these terms and conditions undertake to the Director of Liquor Licensing to comply with them. 10. Notwithstanding anything to the contrary in the Lease, Sub-Lease or other agreement between the licensee and the Lessee/Sub-Lessee, the licensee shall at all times retain the right of entry to all parts of the area let or sub-let. (This condition does not apply to consent given under section 106). 11. If any one or more of the following events occur the Director of Liquor Licensing may by notice in writing to the licensee after allowing the licensee and the Lessee / Sub-Lessee or Other Person an opportunity to be heard, terminate this consent whereupon this consent shall cease to operate: a) The Lessee / Sub-Lessee or Other Person defaults in compliance with any of the conditions of this consent. b) If any term or condition of the licence is contravened or if the licensee or the Lessee / Sub-Lessee or Other Person commits any offence under the LCRA in or in relation to the licensed premises. c) Where the Lessee / Sub-Lessee or Other Person is a company or body corporate, a new director is appointed to the Lessee / Sub-Lessee or Other Person without the prior approval of the Director of Liquor Licensing. d) If any of the events referred to in paragraphs (d), (e), (f), (g), (i) of Section 90(1) LCRA occur in relation to the Lessee / Sub-Lessee or Other Person in respect of any licence under the LCRA. EXECUTED by or on behalf of the licensee on / / . / / . EXECUTED by or on behalf of Lessee / Sub-Lessee or Other Person on Consumer Affairs Victoria Liquor Licensing 113 Exhibition Street, Melbourne Victoria 3000 GPO Box 4304, Melbourne 3001 DX 210746 Telephone 1300 65 03 67 Fax 8684 0688 www.consumer.vic.gov.au ABN 32 790 228 959 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.) 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 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 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)