131A Decision by commissioner on application to continue trading
in certain circumstances
If an applicant is the occupier or is entitled to possession of the
licensed premises, the commissioner may authorise the applicant
to conduct business on licensed premises under authority of the
licence on an interim basis. – The Liquor Act 1992
Typical scenarios when an interim authority
application is required:
- An owner or mortgagee evicts a tenant, and the owner or
mortgagee requires the continued trading of the licensed
business until such time as a replacement tenant can be
found. - A licensed business is being transferred to a new tenant, but a
fast settlement occurs prior to a transfer of liquor licence
application being completed by the Office of Liquor and
Gaming Regulation. A person or entity must not trade under a
liquor licence without first seeking interim authority from the
Office of Liquor and Gaming Regulation, even if settlement
has occurred.
Who is entitled to apply for an interim
authority?
- An occupier of the licensed premises that is
entitled to possession of the licensed premises,
such an owner, mortgagee or lessee.
Fast facts· An interim authority is typically issued for 1 – 3
months but may be extended on reasonable
grounds. An interim authority is not allowed to
continue indefinitely and a full transfer of liquor
license must be completed in full (including
obtaining outgoing licensee or lessors consent to
the transfer of liquor license).
- An interim authority application typically takes 1 –
3 days processing with the OLGR, if all
requirements for an interim authority are satisfied - The cost of an interim authority application is the
same as a transfer of liquor licence application - An interim authority application can only be
decided after the applicant is in legally in
possession of the licensed premises· When an interim authority is granted, the
applicant is subject to the Liquor Act 1992 as if
they were the licenses
