Commercial other (subsidiary off-premises) licence - Queensland

Description

A commercial other (subsidiary off-premises) licence is required when selling liquor for off-premises consumption is a 'subsidiary' activity of your business (i.e. it is not the main activity of your business).

Types of businesses that may be licensed under subsidiary off-premises licence include florists and businesses that sell gift baskets.

Businesses that will not be licensed include premises used as a supermarket and premises used mainly for hiring out party equipment.


Trading conditions

Liquor may be sold for consumption off the premises if the amount of each sale is not more than either:

  • the amount stated in the licence
  • in any other case, 2 litres.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Exemptions


Exemptions for gift baskets and floral arrangements

An exemption exists for businesses that sell liquor as part of a floral arrangement or gift basket. The following criteria must be met to be exempt from requiring a licence:

  • The sale is part of a florist's business or the business of a person selling gift baskets.
  • The quantity of the liquor is not more than 2 litres and, if the liquor includes spirits, the quantity of spirits is not more than 1 litre.
  • The floral arrangement or gift basket must be delivered as a gift to an adult other than the purchaser of the floral arrangement or gift basket.
  • The gift is to be delivered to a place other than the business where the sale was made and other than a relevant restricted area.
  • The total value of the liquor and the container in which it is supplied is not more than 75 per cent of the gift's sale price.
  • The liquor was purchased on a retail basis.

Eligibility requirements

Must Have

Fit and proper person

All liquor licensees must meet the criteria outlined in Guideline 07: Fit and proper or suitable person.

Might Need

Approved manager

Certain licence types require an individual licensee or an approved manager to be on site or reasonably available during ordinary trading hours and extended trading hours.

For more information read Guideline 43: Approved managers.

Might Need

RMLV training

In some cases individual applicants (and/or an individual as approved manager) must attend mandatory responsible management of licensed venues (RMLV) training.

Duration

Annual licence fees are due by 31 July each year.

Fees

Common Fees details for this service in table format.

Type Amount Description
Application $1342.00

Application for a commercial other licence

Application $89.00

Application for registration of financial interest

Application $89.00

Application for temporary authority

Application $338.60

Application to conduct business under section 129 Interim Authority

Application $89.00

Application to change the name of the premises

Application $89.00

Application to conduct a business or supply a service on licensed premises

Application $338.60

Application to let, sublet or enter into a management agreement

Application $89.00

Approval of a changed risk-assessed management plan (RAMP)

Application $67.70

Approval for the gratuitous supply of liquor for a particular event or occasion in any part of licensed premises

Application $104.50

An application other than in relation to the tribunal, not previously mentioned in schedule 1

Licence $130.60

Application for duplicate licence

Miscellaneous $39.00

Criminal history check (per person)

Miscellaneous $504.80

Risk criterion: Approved extended trading hours for the licensed premises between 9am and 10am (during weekends only)

Miscellaneous $671.10

Risk criterion: Approved extended trading hours for the licensed premises between 9am and 10am (otherwise)

Miscellaneous $38.00

Application for a search of the register

Miscellaneous $6520.00

Risk criterion (compliance history): An infringement notice was served on the licensee and the licensee paid the fine in the previous licence period

Miscellaneous $13040.00

Risk criterion (compliance history): The Commissioner decides to take disciplinary action relating to the licence, and - in the previous licence period - the licensee did not appeal against the decision or the tribunal confirmed or set aside the decision or substituted another decision

Miscellaneous $26070.00

Risk criterion (compliance history): The Commissioner decides to take disciplinary action relating to the licence, and - in the previous licence period - the licensee was convicted of a supply offence, and the offence was taken to have contributed to the death of a person or a serious assault committed against a person on or near the licensed premises

Miscellaneous $1010.00

Risk criterion: Approved extended trading hours for the licensed premises between 7am and 9am (during weekends only)

Miscellaneous $1342.00

Risk criterion: Approved extended trading hours for the licensed premises between 7am and 9am (otherwise)

Miscellaneous $7570.00

Risk criterion: Approved extended trading hours for the licensed premises between 12am and 3am (during weekends only)

Miscellaneous $10080.00

Risk criterion: Approved extended trading hours for the licensed premises between 12am and 3am (otherwise)

Miscellaneous -

In some cases annual fees may be paid by instalments. For more information see Guideline 56: Payment of annual liquor licence fees by instalments.

Miscellaneous -

All fees are indexed annually. Annual fees are payable by 31 July each year.

The OLGR credit card payment authority form can be used for credit card payments of all OLGR fees.

OLGR will not accept credit card details by fax or email, including PDF attachments. If an email is received with credit card details, it will be deleted immediately and your form will not be processed. This is in accordance with the Payment Card Industry Data Security Standard.

Miscellaneous $2520.00

Risk criterion: Approved extended trading hours for licensed premises between 12am and 1am (during weekends only)

Miscellaneous $3360.00

Risk criterion: Approved extended trading hours for licensed premises between 12am and 1am (otherwise)

Miscellaneous $5040.00

Risk criterion: Approved extended trading hours for licensed premises between 12am and 2am (during weekends only).

Miscellaneous $6720.00

Risk criterion: Approved extended trading hours for licensed premises between 12am and 2am (otherwise).

Renewal $671.10

Base fee for commercial other licence

Transfer $338.60

Application for transfer of a liquor licence

Variation $201.90

Application for permanent variation of licence

Variation $67.70

Application for temporary variation of licence

Act(s) name

Liquor Act 1992 QLD

Regulation(s) name

Liquor Regulation 2002 QLD

Application process

To apply for a new licence you must submit the following to the Office of Liquor and Gaming Regulation (OLGR):

  • a completed Form 1: Application for a liquor licence
  • a completed Form 5: Personal details schedule for each individual who is a party to the application
  • a completed Form 6: Application for registration of financial interest  
  • prescribed application fees (including the fee for criminal history check)
  • a layout plan (scale 1:100)
  • a location plan
  • town planning consent
  • a current title search
  • a registered plan of survey
  • a company extract showing all current directors (only if applicant is a corporation).

You may also be required to submit:

In addition to the above, all applicants must undergo a criminal history and other relevant probity checks to hold a liquor licence. You may also be required to advertise your licence application.

Note: If you do not submit all items correctly, OLGR will not process your application.

Vary

Complete the following forms to apply for either temporary or permanent variations to your licence conditions:

  • Form 17: Application for temporary variation of licence
  • Form 19: Application for a permanent variation of licence.

Additional licences or permits

Once you hold a licence, you may also apply separately for any of the following permits or extensions to your licence:

Temporary move of licensed premises

You will need to complete Form 28: Application for temporary authority if your licensed premises are temporarily moving to a new location (e.g. if the current premises are being rebuilt, refurbished or is damaged by fire).

Renew

Once your licence is granted you can pay your annual fees and manage your details using OLGR's client portal.

Annual fees are subject to CPI and payable by 31 July each year. If 31 July is not a business day, then the next business day will be the due date. Fees must be paid by the due date or the licence will be automatically suspended, and then cancelled after 28 days if the fee remains outstanding.

In some cases annual fees may be paid by instalments. For more information see Guideline 56: Payment of annual liquor licence fees by instalments.

An application for an instalment plan is to be submitted 21 days prior to the due date of the annual fee payment. You can download the Payment plan request for liquor licence fee as part of this application. OLGR may request further information before the submission can be considered.

 

Transfer process

You can apply to transfer your licence by completing a Form 3: Application for transfer of a liquor licence.

You should lodge your application for transfer 6-8 weeks before the proposed settlement date to allow sufficient time for processing.

Note: The new business operator has no authority to sell and supply wine or liquor until a transfer is approved and the applicant has become the licensee.

Additional information

Conducting other business

A licensee must not conduct business on the licensed premises other than that authorised by the licence; however, in special circumstances you may be granted permission (e.g. in a locality where the service is not already provided, such as to sell newspapers etc.).

If you intend to conduct another business on your licensed premises you must email OLGR and pay the applicable fee.

Compliance for licensees

All licensees under the Liquor Act 1992 must comply with the conditions of their respective licences.
Read more about compliance for liquor licensees.

Liquor guidelines

A range of liquor guidelines have been developed to help new licensees with the application process and their compliance obligations.

Trading hours

Read more about permanent and temporary extensions to trading hours.

Administering agency

Department of Justice and Attorney-General

Office of Liquor and Gaming Regulation

Licensing Division

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Licensing Division

Office of Liquor and Gaming Regulation

Department of Justice and Attorney-General

Mailing address: Locked Bag 180
City East, Queensland 4002
Phone: 13 QGOV (13 74 68)
Fax: 07 3872 0998
Email: OLGRlicensing@justice.qld.gov.au