Positions of authority in licensed premises

All people in positions of authority must be approved by the Commissioner.

In a trust, a person is considered to be in a position of authority if they are a trustee or beneficiary of the trust.

In the case of a body corporate, a person is considered to be in a position of authority if they:

  • are a director of the body corporate
  • exercise influence or control over the body corporate
  • manage the business of the body corporate to be conducted under the licence
  • are a shareholder, if the licensee is a proprietary company.

Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust don't need approval.

A charitable organisation that is a beneficiary of a trust is not regarded as occupying a position of authority.

Fit and proper person

To be approved to hold a position of authority you must be a fit and proper person.

A person is not a fit and proper person to hold a licence, or be in a position of authority in a trust or corporate entity that holds a licence if they have been found guilty or convicted of an offence prescribed by regulations.

List of prescribed offences (PDF 180KB)

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Page last updated 15 November 2019

Provided by:
Attorney-General's Department
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