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​Transfer your licence without consent of outgoing licensee

As the owner of a business or licensed premises, you can apply to transfer a liquor licence into your name or the name of someone you nominate. This is known as an owner in possession transfer application.

This option is open to you if the current licensee has:

  • not agreed to transfer the liquor licence
  • vacated the premises
  • been evicted.

We can't consider this type of transfer application unless you have advised the outgoing licensee that you want a transfer.

You must do this in writing – by registered mail – to the licensee's last known address. You must tell the outgoing licensee that he or she has 3 days to make a submission to Liquor & Gaming NSW.

If you are a corporate licensee – a company – applying to hold a liquor licence, you must appoint an approved manager.

Who can make this application?

Premises owner

The law provides for a premises owner as the licensee of the premises for 28 days from the date they become entitled to possession of the premises.

Lodging your application within that period will allow you to continue to trade until we determine your application.

As a premises owner, you must provide evidence of ownership, such as:

  • a copy of a current lease
  • current rates notice
  • current lands title documents.

Business owner

As a business owner, you can make an owner in possession application only if you own the business under which the licence has operated.

New buyers of a business who have never owned the business under which the licence has operated can't make an owner in possession application.

However, you can seek consent from the outgoing licensee, or ask the premises owner to make an owner in possession application.

In most cases, we give provisional approval within 5 working days of receiving your application so you can continue operating the business without disruption.

For online and paper based submissions

You must provide the following:

  • A copy of the letter you sent to the dispossessed licensee
  • Evidence of Responsible Service of Alcohol (RSA) qualifications. Find out more about Responsible Service of Alcohol
  • If required, evidence of Responsible Conduct of Gambling (RCG) qualification. Find out more about Responsible Conduct of Gambling
  • If the liquor licence includes gaming machine entitlements, you will also need to provide a direct debit form and data monitoring forms to show there are no outstanding payments. Find out more about Gaming Machine Entitlements
  • A copy of your NSW National Police Certificate that is less than 3 months old. Find out how to apply to NSW Police for a copy of your National Police Certificate
  • Corporate licensees must provide a current ASIC extract showing directors and officeholders. You can buy this document through the ASIC website
  • Pay any applicable fee.

We usually confirm your licence transfer within 60 days.

Fees

Please note that fees vary depending on the type of licence you want to transfer.

Online transfers

You will need

To complete the online form you will need to download and complete the following declarations and upload them to the online form. Read Declaration types explained for details on each declaration required.

When applicant is an organisational licensee When applicant is an individual licensee When applicant is a business owner (or other interested party)

 

Online submissions receive a 10% discount off processing fees.

Paper based transfers

Transfers can also be made offline by completing AM0322 Liquor licence transfer: without consent of existing licensee form (PDF, 1MB)​.