Important leasing issues for licensees

Every licence is subject to the condition that the licensee has and maintains the right at law to use and occupy the whole of the licensed premises solely and to the exclusion of all others. This right may not be shared with anyone else unless and until approved. 

The moment that a licensee loses this right, the licensee's interest in the licence is lost.

It is, therefore, critical that where licensed premises are leased that the licensee is fully aware of the dates when the term and any option periods expire. It is also essential to be conscious of the dates by which options are to be exercised.

Other provisions in a lease need to be considered in relation to liquor licences particularly which party is entitled to the licence when the lease runs out.

For further information please contact:

Dan Mossenson, Chairman of Partners on 9288 6769 or or Jessica Patterson, Senior Associate on 9288 6946 or

Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.