The State Government has announced the Level 1 COVID-19 Business Assistance Package.
Effective date: 18 April 2007Last amended: 12 August 2020
This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided
on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
Section 116 of the Liquor Control Act 1988 (‘the Act’) imposes obligations on licensees in respect of various documents that must be kept on the premises, displayed and produced to an authorised officer. Among these particular obligations
are provisions relating directly to the trading name under which a business may be carried on.
This policy provides guidance as to the legislative provisions relevant to trading names.
Section 116(3) of the Act states that:
“A person shall not carry on business for which a licence is required under any name other than that of the licensee unless the Director has approved the use of the name.”
This provision prohibits a licensee from conducting the business under a licence other than with a trading name approved by the Director.
The carrying on of a business incorporates the overall conduct and operation of the business and includes things that are generally done as elements of an ongoing concern. Therefore, the advertising associated with that business and the branding of the
physical premises, are things done in an effort to maintain the viability of a business. As such, both form part of the “carrying on of business” for the purposes of the Act.
In the context outlined above, although it is possible that different parts of a licensed premises may be known by different names, only one business is being carried on under a licence attached to a premises, and therefore, any advertising in respect
of that premises must be consistent with the approved trading name.
As a consequence, only the following advertising, promotion and branding of the business under the licence will be considered acceptable by the Director:
It should be noted that as a general principle, the licensing authority will not approve a trading name that suggests a manner of trade that is not generally authorised under that particular licence, as this would convey to the public an expectation of a service not consistent with the prescribed purpose of that type of licence.
For example, the holder of a restaurant licence is bound by the requirement that the primary and predominant purpose of the licence must be the regular supply of meals to customers while sitting at a table, or at a fixed structure used as a table.An application for a restaurant to include the word ‘bar’ in its trading name, does not accurately reflect the business conducted under that licence as there is no provision for patrons to consume liquor at a bar.
Should a licensee wish to change the approved trading name at any time, an application can be made to the licensing authority under section 116 of the Act to change the approved trading name.
In the case of an ETP to operate a collective cellar door outlet, approval can be sought as part of the ETP application to operate under a trading name that is different to the licensees’ approved trading name. Should this not be sought as part of the original ETP application, or should the licensees wish to change the approved trading name at a later date, an application must be lodged with the licensing authority.
To assist applicants in lodging this type of application, an application kit containing a lodgement guide, information bulletin and form is available from the department’s website or by telephoning 61 8 6551 4888.
If a licensee fails to comply with this requirement, the licensing authority may decide to:
Do not submit enquiries with this form.