Protection order

Requirements when applying for a protection order as per the Liquor Control Act 1988 (the Act).

Liquor licences are issued to a specific entity (individual person, company, or partnership) known as the licensee which authorises that entity to sell liquor at a specified place known as the licensed premises. Only the licensee may conduct business under the liquor licence. The liquor licence is not considered an asset in the normal sense, but it is a personal right vested in the licensee.

A protection order authorises a person to sell and supply liquor at specific licensed premises as if that person were the licensee. It is used in situations where the licensee no longer has a right to conduct business under the licence in their own right and the applicant for the protection order intends to carry on trading under the business in the interim until the licence is transferred.

A protection order will not be granted if the applicant does not wish to trade under the licence in the interim. A protection order is only necessary where the applicant intends on carrying on business under the licence to prevent substantive interruption in trading due to the licensee ceasing to occupy or carry on business.

A protection order is not a means to circumvent the transfer of the liquor licence process and is granted for a short period only to allow the continuation of trade under the licence whilst a transfer application is being considered by the licensing authority. Should a transfer application not be approved prior to the expiry of the protection order, a further protection order may be considered if warranted.

Authorisation to carry on a business without a protection order

The Act provides flexibility to allow persons other than the licensee to carry on business under the licence on a temporary basis in certain situations without the need to apply for a protection order. This is called an interim authorisation.

A relevant entity may take over the business and trade under the licence without the Director’s approval, however, must, within 7 days of exercising that right, give written notice to the Director of that fact. This written notice must set out when the right was exercised and upon what basis (see table below). In some of these cases approval must be sought to exercise the interim authorisation.

Where the freehold owner/lessor of a licensed premises terminates the lease of the licensee, the licensing authority should be advised in writing stating the circumstances of the termination and the eviction date.

Who may be granted a protection order

An application for the grant of a protection order can be made under certain circumstances.

Circumstances where an application for a protection order may be lodged

The entities marked with an * asterisk require prior approval from the licensing authority before trading can commence.

Circumstances and applicable entities
CircumstanceApplicable entity
Licensee vacates licensed premises or ceases to carry on business.
  • Owner, lessor or mortgagee of licensed premises*; or
  • Nominee of above*.
Licence operation is suspended.
  • A person who can show that they will thereby suffer loss*; or
  • Nominee of above*.
Person with interim authorisation who wants to carry on business longer than 28 days.
  • A person with interim authorisation; or
  • Nominee of above*.
Any event or circumstance which may lead to the grant of interim authorisation where a transfer of licence is proposed to be lodged.
  • The proposed transferee*;or
  • Nominee of above*
A hotel or liquor store serving the community in a rural area has ceased to carry on business.
  • Relevant local shire/council*; or
  • Nominee of above*.

 

Circumstances and applicable entities not required for the first 28 days of carrying on a business
CircumstanceApplicable entity
Death of an individual licensee.
  • Executor of licensee’s estate;
  • Other person who has grant of administration of licensee’s estate;
  • Relative or legatee oflicensee*; or
  • Nominee of above*.
Individual licensee becomes permanently disabled through accident, physical or mental illness, or infirmity.
  • Person authorised or appointed by law to administer the licensee’s affairs;
  • Relative of licensee*; or
  • Nominee of above*.
Licensee is insolvent under administration, within the meaning of Corporations Law.
  • The person who has lawful control of the licensed premises; or
  • Nominee of above*.
Company licensee becomes an externally-administered body corporate, within the meaning of Corporations Act.
  • The person who has lawful control of the licensed premises; or
  • Nominee of above*.

Application fees

The application fee must be lodged with the application. Please refer to the fee schedule below. Please note that the application cannot be examined until the fee is received. Generally, the application fee is not refundable, even if the application is refused or withdrawn.

Protection order
Fee description Fee
Under section 87(1)
$239

In addition to the application fee, new applicants in respect of profit sharing agreements or arrangements will pay an additional $152 fee for each individual who is party to the agreement or arrangement and in relation to whom a background check is sought from the Police Service.

Lodgement

Other documents that may be required

Downloads

Submitting your application

Ensure all required documentation is attached to your application.

In person

Department of Local Government, Sport and Cultural Industries

Level 2, Gordon Stephenson House, 140 William Street Perth WA 6000

By email

Ensure all documentation is attached to your email.

rgl@dlgsc.wa.gov.au

By post

Department of Local Government, Sport and Cultural Industries

PO Box 8349
Perth Business Centre
WA 6849

Disclaimer

This information is designed to provide authoritative information regarding the subject matter covered, and with the understanding that the Director 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.

Page reviewed 29 July 2019