It has previously been reported that the licensing authority is increasingly imposing unique conditions or restrictions on the grant of many new licences. Special trading conditions are frequently tailored to ensure licensees conduct their businesses strictly in the manner portrayed in their application documents, particularly their intended manner of trade document. It is therefore important for applicants for new licences to very carefully draft their proposals. Some applicants have suggested trading conditions or even offered to self enforce restrictions which have initially helped obtain the grant of the licence but hand-cuffed the operation commercially later.
Most small bar licences are now conditioned so as to ensure that they maintain and uphold the theme for which they are granted. With the passage of time, as a business grows, or in the event the licensed premises is sold, it may eventuate that the unique trading conditions initially imposed on the licence are no longer appropriate. Often an incoming licensee does not wish to continue with that particular theme. Unless an application is made to the licensing authority to vary the licence conditions, licensees are bound to continue operating the licensed premises in the manner required under the licence.
The Liquor Control Act does not prevent a licensee from applying to have the conditions on the licence permanently changed. In order to have a trading condition on a licence permanently changed, an applicant is normally required to submit, among a range of other things, a public interest assessment. Public interest assessments are complex and time consuming to prepare.
Should you wish to know more about trading condition variation applications or require assistance in preparing an application to vary a licence condition, please do not hesitate to contact:
Dan Mossenson Ian Curlewis
Partner Partner
(08) 9288 6769 (08) 9288 6756
dan.mossenson@lavanlegal.com.au ian.curlewis@lavanlegal.com.au
Jessica Patterson Alec Weston
Senior Associate Solicitor
(08) 9288 6946 (08) 9288 6873
jessica.patterson@lavanlegal.com.au alec.weston@lavanlegal.com.au
