Application for the Surrender of a Licence

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Lodgement Guide

What is the Surrender of a Licence?

Under Section 67 of the Liquor Licensing Act 1997, a licensee may by written agreement with the Liquor and Gambling Commissioner, apply to surrender a licence from a fixed date. Before agreeing to the surrender of a licence, the Commissioner must inquire into the proposed use of the premises to which the licence applies.

The Commissioner will usually request confirmation that the landlord is aware of the intent of the licensee to surrender the licence.

The surrender of a licence does not affect liabilities incurred by the licensee under the Act up to the date on which the surrender takes effect. For example, if the licensee is facing disciplinary action, surrender of the licence will not affect the progress of that action.

What if there are Gaming Machines Involved?

If a licensee surrenders a liquor licence, the gaming machine licence will automatically be surrendered.

If a licensee wishes to surrender only the gaming machine licence, the licensee must notify the Commissioner in writing, and the licence will cease to operate on acceptance by the Commissioner.

The Commissioner cannot accept the surrender of a gaming machine licence unless satisfied that all gaming machines have been removed from the premises.

As the surrender of a licence does not affect liabilities incurred by the licensee, the licensee is liable for any gaming tax outstanding up to the date of surrender.

Documents Required for an Application for the Surrender of a Licence

An application must include the following:

Application for the surrender of a licence form

and/or

Application for the surrender of a gaming machine licence form