Transfer a liquor licence
If you want to change the ownership of a business that has a liquor licence, the new owners must apply to transfer the licence.
The new owners can't sell or supply liquor until the licence transfer has been approved.
Before you begin
You will need to:
- provide a copy of the lease agreement and permission from the landlord if you don't own the property
- provide a certificate of title if you own the property
- determine whether you are applying as
- an individual
- a partnership
- a company
- a trustee of a trust or incorporated association
- a copy of the partnership agreement
- an ASIC extract
- an incorporated association constitution including a list of committee members
- a copy of the relevant trust deed
and provide the following documents where applicable:
- determine who holds a position of authority within your corporate structure or trust and lodge a personal identification declaration (PID) to have those people approved.
How to apply
Email, post or in person
1. Print, complete and sign the application form and attach your supporting evidence
2. Submit the application
Email the scanned documents to email@example.com
Post your application to:
GPO Box 2169
Adelaide SA 5001
Take your application to:
CBS Customer Service Centre
91 Grenfell Street
Adelaide SA 5000
Positions of authority
It is your responsibility to ensure that all people who:
- occupy a position of authority within your corporate structure or trust, or
- receive profits or proceeds from the business
are approved by the Liquor and Gambling Commissioner.
Positions of authority include:
- a sole-trader or people in a partnership
- directors and shareholders, including where a shareholder is a body corporate
- trustees and beneficiaries of the trust associated with the licensed entity
- committee members in the case of an incorporated association
- any person in the corporate structure which exercises influence or control over the business.
Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust don't need approval.
Personal identification declarations (PIDs)
To be approved by the Liquor and Gambling Commissioner each person must complete and lodge a personal identification declaration (PID) with the application.
If a person has already been approved in a position of authority under another current liquor or gaming licence in South Australia, a PID is only required if their circumstances haven't changed since their last approval.
Your business will need to be supervised either by you, or a person approved by the commissioner as a responsible person, whenever you’re open for trade unless you have an exemption.
If the responsible person you want is already approved you do not need to do anything further.
If you don’t already have an approved responsible person you will need to apply to have someone approved.
A PID must be completed and lodged together with your responsible person application.
The responsible person application (including PID) can be lodged with your application to transfer.
Transfer a licence
Responsible person or person in a position of authority
ID badge (if required)
Once you have submitted your application, a case manager will advise you of the date it will be considered.
If the licence which you are transferring has approval to extend the trading area, to consume liquor on a footpath or similar outdoor council owned area, you will need to supply CBS with a copy of the permit issued by your local council, in the name of the new owners, at least seven days before your application is considered.
More detailed information on the process and requirements of applying for a liquor licence is provided in the Practice Direction (PDF 1.2MB)
What happens next
A copy of your application will be sent to South Australian police licensing enforcement branch.
Notification of your application will also be put on the CBS website and made available to the public. Your case manager will contact you to let you know whether you need to:
- display a notification on the premises
- notify your local council.
You will be asked to provide evidence that you have completed both of these.
If all the approvals are in place and there are no objections, the application process will take approximately six to eight weeks.
As notice of your application is made public any person may object if they have a reason to do so - for example, if your neighbours think that your business is going to be noisy, or have an impact on the neighbourhood.
The police and council may also intervene in your application if there are concerns about public safety and disturbance, or if there are concerns about the fitness and propriety of any person.
If someone objects to your application you will:
- receive a copy of the objection form, which will usually explain the objection
- be invited to take part in a conciliation conference with the objector and the commissioner or a delegate, usually held at CBS in the Adelaide CBD.
The conciliation conference is not a formal process and there's no need to be represented by a lawyer, but you may choose to do so if you think it's necessary.
At the conciliation conference:
- the delegate will ask you to explain exactly what your application is all about, how you wish to trade and so on
- the objectors will explain their concerns
- the delegate will help the parties reach an agreement
- the delegate can explain what the law means and clarify any misunderstandings the parties may have but cannot provide you with legal advice.
If the objectors and you fail to come to an agreement, the delegate can't make a decision and the matter will be referred to a hearing.
A hearing can take place before a delegate or the commissioner if all parties agree, otherwise it will be heard by the licensing court.
At a hearing before a delegate or the commissioner:
- you will be able to put your case forward
- the objectors can explain their concerns
- the delegate or commissioner will make a decision on the application.
If your matter goes before the licensing court, more information will be provided by the court.