Position of Authority (director/shareholder)

Requirements when applying to add a director or shareholder to a licensee corporate structure as per the Liquor Control Act 1988 (the Act).

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Where a body corporate is the holder of a licence, other than an occasional liquor licence, and wishes to appoint a person to a position of authority in the body corporate as a director and/or shareholder, an application must be lodged with the licensing authority seeking approval to do so.

That person cannot assume a position of authority in a body corporate as a director and/or shareholder that holds a licence until approval has been given by the licensing authority.

When is an application not required?

In the case of a person who has already been approved by the licensing authority as a shareholder in the body corporate that holds a licence and wishes to increase or decrease their shareholding in that company. In this instance, written advice of the change is required within 14 days of the change.

Lodging the application

Applicants must lodge completed applications at the Department of Local Government, Sport and Cultural Industries. An application should be made using the forms provided below.

Important information

Section 34 of the Act sets out that applications cannot be granted if the applicant is:

bankrupt or has assigned his/her estate for the benefit of his/her creditors;
incapable of managing his/her affairs because of a mental disorder;
under sentence of imprisonment;
under receivership or official management, or is in liquidation (companies only);
disqualified from holding a licence, or holds a licence which has been suspended, as a result of previous disciplinary proceedings;
a juvenile (for example less than 18 years of age); and
a Commonwealth or State public servant (including employees of Crown instrumentalities), unless the licensing authority is satisfied that there is no conflict of interest between the applicant’s employment and the operation of the licence.

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 Generally, the application fee is not refundable, even if the application is refused or withdrawn.

Approval of person in position of authority
Fee description	Fee (no GST applicable)
All licences other than a club or club restricted licence	$183.50
Club or club restricted licence	$125.50

Application fee applies for each new director or shareholder of the licensee company. An additional $171fee applies for each person who is a party to the application in relation to whom a background check is sought from the WA Police Force. If a police report is sought for a new trustee of a club or club restricted licence an additional $171 fee applies.

Lodgement

Form 15 Notice of application for approval of a director or shareholder Prescribed application fee. Cheques are to be made payable to the Department of Local Government, Sport and Cultural Industries. Completed Personal Particulars form (LLD/5 or LLD/5A) for each person involved:

in the case of a limited company for each director of the applicant company; or
in the case of a proprietary limited company for all directors and shareholders of the applicant company. In cases where a shareholder of the applicant company is a company, all of the directors and shareholders need to do forms on behalf of the shareholding company.

Policy

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 11 September 2023