Temporary Authority

Temporary Authority Information:

What is a temporary authority?

A temporary authority is an order issued by the District Licensing Committee authorising the applicant to carry on the sale and supply of liquor on any premsie that has an existing on-licence and/or off-licence.

A temporary authority is not a temporary licence. It cannot be used to licence a premise that is not currently licensed.

A temporary authority is not a substitute for a permanent licence - the applicant will still need to apply for their own on-licence and/or off-licence.

When is a temporary authority required?

A temporary authority is required when an applicant wishes to purchase a premise operating an on-licence and/or off-licence and intends to continue the sale and supply of liquor on that premise while their own liquor licence application is being determined.

A temporary authority is required when the structure of an existing licensee changes. For example, if a licensee is a partnership or individual and that licensee subsequently forms a company, the company will need to apply for a temporary authority. The company will also be required to apply for a new liquor licence.

How long does a temporary authority last?

A temporary authority will be issued for a period of up to 3 months.

If the applicants own licence does not issue within 3 months of the temporary authority start date, a further temporary authority application may be required.

Who should make application for a temporary authority?

The application must be made in the name of the person or legal entity that will receive the proceeds from the sale of liquor. This could be an individual, company or partnership.

The District Licensing Committee will need to be provided with documentation that the applicant has a legal right, title or interest in the premise.

What are the obligations

If a temporary authority is approved, the holder will have the same duties, obligations and liabilities as the licensee of the on-licence and/or off-licence to which the temporary authority relates.

Applicants must be aware of the expiry date of the base licence for which the temporary authority is required. The temporary authority ceases to be valid upon the expiry of the licence.

All applicants are expected to apply for the full on and/ or off-licences within the duration of the first temporary authority.

Further temporary authorities will only be authorised if the applicant can show mitigating circumstances or if the substantive licence application has been lodged.

How is an application for a temporary authority made?

Complete a temporary authority application form.

Ensure all required documentation is attached as outlined in the application checklist.

To allow sufficient time for the required reporting processes, the application should be submitted at least 10 clear working days prior to takeover or possession date of the premise.

How will the application be processed?

The application will be assessed for completeness. If your application is complete and all required documentation is provided a copy of the application will be forwarded to the Police and Licensing Inspector for a report.

The District Licensing Committee may approve an application, or if the application is opposed, set a time and place for a hearing of the application.

Manager’s

A person holding a manager’s certificate must be on duty at all times when liquor is being sold or supplied to the public.