- Be organised and prepared
- Keep the Red Line Plan up to date and accurate
- Anticipate other potential delays
Substantial time and money can be lost when a new liquor licence application is made or a transfer of an existing licence is proposed.
1. Get organised
It is very common for a vendor to want a quick and smooth sale of a licenced business.
Unfortunately one of the most common oversights by vendors is a failure to make sure that all prerequisites to the approval of a new, or transfer of an existing licence are adequately dealt with before applications are submitted.
Be organised, prepared and pre-empt ways in which to fast track the process. For example, selecting the right liquor licence to suit requirements; making sure the right forms are completed to apply or transfer a licence; and have a good understanding of the terms of the licence and legal requirements involved. Considering these factors early on in the process can not only save time but also money.
2. Keep the red line plan up-to-date
Another requirement is making sure that the red line plan is up-to-date and accurate.
Out-dated and inaccurate red line plans can lead to:
- long delays experienced in having liquor licence transfers approved (often over two months) which could lead to a vendor losing a purchaser; or
- money being lost in not being able to open a new venue that intends to sell liquor as a major part of its business.
The Victorian Commission for Gambling and Liquor Regulation (VCGLR) has taken over the role of Consumer affairs – Liquor Licensing/ Responsible Alcohol Victoria and is extremely particular about the accuracy of red line plans.
The VCGLR can insist on an update to a red line plan being dealt with by way of a variation to the liquor licence before a transfer of the liquor licence is approved which may need the variation to be advertised and may lead to objections by neighbours.
3. Anticipate other potential delays
Other matters that have caused liquor licence application approvals to be delayed are:
- having premises surveyed (all premises must now have patron numbers which must be determined by a surveyor before an application can be approved);
- failure to disclose prior criminal charges or criminal convictions of applicants;
- failure to disclose associates of applicants that may have an interest in the licenced business;
- not undertaking recognised courses needed to qualify to hold a liquor licence; and
- making sure that there is planning approval from local council before an application is submitted to the VCGLR or, if planning approval is in place, that it allows for extended hours if extended hours are proposed to serve liquor.
With a checklist of steps that need to be complied with to secure a successful approval of an application, KCL Law can assist to have any liquor licence related application approved expeditiously and to note any potential issues immediately after instructions are obtained to minimise delays.
KCL Law has extensive experience dealing with hearings, liaising with the police liquor inspectors, making direct representations to the Commission in significant applications and assisting in or making planning applications to council for permits.
More information
For more information, please contact Mark Yaskewych, Principal Lawyer, on (03) 8600 8830 or myaskewych@kcllaw.com.au
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