As featured in the May 2021 edition of Queensland Hotels Association's QHA Review.
Our firm represents a very large number of parties involved in pub and other transactions. Within the last five months we have noticed a flurry of activity within the pub and hospitality space.
We believe that this flurry can be attributed to a couple of things, namely:
However, we have also noticed that the timeframe for applications for transfer of liquor and gaming licences associated with pubs seems to have blown out a little, taking between 2 – 3 months for liquor licence transfers, and between 4 – 6 months for those liquor applications submitted in conjunction with a new gaming machine licence.
In the next month's edition of QHA Review, we will revisit the concept of interim authorities as an available tool to facilitate handovers of pubs even where the final approvals have not been obtained.
In this month's article, we focus on the transfer process specifically for a Commercial Hotel Liquor Licence. The overarching test that is applied upon the transfer of a liquor licence is whether the commissioner is satisfied that the applicant is a "fit and proper" person. In assessing this, the commissioner will consider whether the applicant:
The applicant will have the opportunity to demonstrate that they are a "fit and proper" person by completing the Application for Transfer of Liquor Licence. Within this form there are various sections that the applicant will have to complete, based on:
In addition to completing the above, the applicant will be required to provide:
A RAMP is a document that contains information about the prescribed practices and procedures under the Liquor Regulation 2002 for the conduct of business at the premises.
Below are some examples of what a RAMP would be required to address:
It is clear that the transfer process for a Commercial Hotel Liquor Licence is not a "box-ticking" exercise, and OLGR will meticulously consider whether an applicant is a "fit and proper" person. As discussed above, parties should seriously consider the prospect of being granted a transfer of licence prior to entering into a contract to purchase or sell a business.
Should you have any queries or require any further information regarding the process for a transfer of a liquor licence please contact me on 07 3224 0230.
Article written by Curt Schatz (Managing Partner) and Jake Breydon (Solicitor).
"The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication."