Liquor Licensing Law

Frichot & Frichot have extensive experience and expertise in all aspects of Liquor Licensing Law.

 

We have assisted our clients in securing liquor licences and permits for liquor stores, small bars, hotels, taverns, micro-brewing and wine production facilities, nightclubs and restaurants – including for some of the State’s premier resorts and facilities (Mandoon Estate, Bunker Bay Quay West Resort, Exmouth Novotel, Margaret River Quest, Smiths Beach Resort and Broome Cable Beach Club).

Frichot & Frichot regularly advises and represents licensees in dealings with the Department of Racing, Gaming and Liquor; acquisition and sale of licensed premises and businesses; extended trading permit applications; alteration and redefinition of licensed premises; removal of licences; applications for new licences; objections to new licences; representation in disciplinary proceedings in the Liquor Commission and prosecutions in the Magistrates Court.

Our Liquor Licensing Law Practice Areas

Licence & Permit Applications

The application process for obtaining a liquor licence or permit can be complicated. With extensive liquor licensing and commercial experience, our liquor licensing lawyers can assist you to identify the best liquor licence options for your needs and clearly explain and assist you with all aspects of the application process, including:

  • Public Interest Assessment submissions
  • Application Forms
  • Consumer Demand evidence
  • Local Government (Planning/Health) approvals
  • Lease documentation
  • Probity and Police checks
  • Objections and Police/Health Department/Local Government Interventions
Transfers, Removals & Protection Orders

When buying or selling a licensed premises or business, there are a number of preliminary approvals and legislative requirements which need to be obtained and attended to before the sale can proceed. Our experienced liquor licensing lawyers can assist you with all aspects of your sale or purchase, including:

  • Preparation of Sale Contract
  • (Stamp) Duty assessment
  • Liquor Licence Transfer applications
  • Lease documentation
  • Settlement of Sale/Purchase

If you already have a liquor licence and wish to move that licence to new premises, we can provide you with advice and assistance in preparing an application for the “Removal” of the licence to the new premises.

We can also provide advice and assistance to landlords, tenants and licensees regarding their options and rights upon the expiry of a lease of licensed premises or the bankruptcy/administration of a licensee, including applications for a Protection Order.

Alterations, Variations and Profit Sharing

There are many rules governing the sale and supply of liquor on licensed premises. A licensee who wishes to modify the size or layout of their premises, or vary a trading condition on their licence, will generally need to first obtain approval from the Director of Liquor Licensing to do so. Further, any arrangement between the licensee and a third party (e.g. a caterer) where the third-party is paid from or by reference to the proceeds of sale of liquor will need to be pre-approved by the Director of Liquor Licensing.

Our experienced liquor licensing lawyers can clearly explain and assist you with all aspects of the Alteration, Variation and Profit Sharing application processes, including:

  • Profit Sharing Arrangement Approvals
  • Alterations to Licensed Premises
  • Redefining the Licensed Area at Licensed Premises
  • Varying Conditions of Licence
Objections & Noise Complaints

The Liquor Control Act provides members of the public who wish to object to the grant of a liquor licence, or who are experiencing disturbance as a result of the operations of licensed premises, the opportunity to bring their concerns to the attention of the Director of Liquor Licensing.

If you have any concerns that a proposed new licence would not be in the public interest, or are experiencing undue disturbance as a result of the operations of existing licensed premises, please contact our experienced staff to discuss the options available to you.

Prosecutions, Infringements and Disciplinary Action

The Liquor Control Act creates obligations and standards to be met and observed by licensees, staff and customers of licensed premises, and failure to meet or observe those obligations and standards can result in a range of penalties – from infringement notices and fines through to criminal prosecutions and significant penalties.

With extensive liquor licensing and criminal law experience, our lawyers can assist you in your response to infringement notices or criminal prosecutions brought under the Liquor Control Act, including:

  • Advice on infringements, offences and penalties
  • Court representation and advocacy
  • Section 95 Disciplinary Action under the Liquor Control Act
  • Appeals

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