Licensees, other than club restricted or occasional licensees, are required to actually occupy the licensed premises and maintain the right to occupy the licensed premises to the exclusion of others pursuant to section 37(5) of the Liquor Control Act.
There are numerous circumstances where licensees may lose the right to occupy licensed premises. Examples of these are:
In circumstances such as these, unless the arrangement has the prior approval of the Director of Liquor Licensing, the licensee’s interest in the licence terminates. In the event the licensing authority becomes aware that a licensee has lost exclusive possession of its premises, the licence is likely to be suspended pending a response from the licensee explaining why the licence should not be cancelled or other sanctions applied.
It is therefore of paramount importance that licensees occupy the licensed premises at all times to the exclusion of all others.
If you are concerned your business may have lost its right to occupy its licensed premises to the exclusion of all others, 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
