Contents: Updates to VCGLR Application forms and forms for supporting documents
The Commission introduced new liquor licence application forms which have been compulsory since March 19th 2015. Applications submitted after that date using the old versions of the forms will not be accepted In addition, the form of application for transfer of a licence or permit has been extensively reworked.
A number of changes should be noted:
- The name of the owner of the subject premises must be included on the application.
- There are now 2 distinct boxes for contact names and details. The first for the applicant’s contact and a business hours number. A separate section requires the applicant to tick a box indicating if a representative (e.g. Legal) is authorised to deal with the Commission regarding the application. If the box is not ticked the Commission may not deal with the representative until an authority is provided. If a representative is assisting with an application it is important to ensure the box in the application is ticked to avoid a possible delay once it is lodged.
- The nomination of the person who has day-to day control of the operation is now mandatory on the application. Previously this question was contained in the questionnaire form and continues to be so included. Care should be taken to ensure that the answer given in each document is consistent with the other.
- The ‘right to occupy’ box must be ticked in the application referring to a present or future right. For the latter, a Declaration of Right to Occupy must be provided once the right to occupy is obtained. The licence will not be granted without it.
- On each of the Restaurant & Cafe, On Premises Licence and General Licence applications, the applicant must set out the nature of business as before but now must include in that statement, the number of patrons to be approved. This means the form cannot be completed until the patron assessment by the building surveyor is available. The applicant must in addition, estimate the peak trading times and the expected number of patrons estimated to be on the premises during those periods. This is said to be for risk assessment purposes only. Applicants and advisors will need to look carefully at this requirement. Restaurant & Café licences are intended to be inherently ‘low-risk.’
- There is now a consent box relating to the sending of correspondence by e-mail. It is hoped that ticking this box will result in quicker delivery of correspondence than has been experienced using the normal postal or Document Exchange service.
- The majority of the application forms indicate that if underage persons are to be admitted to the licenced premises a separate approval may be required. This includes licence types where there is a statutory right for minors to be on the premises in certain circumstances. This may require further clarification given the greatly increased penalties for underage offences.
- The new Transfer of Licence application form enables a nominee to be proposed without using a separate form.
- Provision is included on the form to provide details of the RSA Training undertaken rather than the certificate itself
- Two additional transfer of licence forms are composite liquor and gaming involving the transfer of a licensed gaming venue, without the need to complete the equivalent gaming form as previously.
All of the new forms are currently accessible through the VCGLR website.
For more information about the new application forms or any other liquor licensing matter, please contact Adam Rich or John Nolan.