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Introduction

If the holder of a liquor licence dies, is bankrupted or is no longer able to hold the licence due to disability, another adult can continue to operate the business for up to one month if they are:

  • the licensee’s spouse or de facto partner
  • a family member of a deceased licensee
  • someone who carries on business on behalf of the family.

Liquor & Gaming NSW must be notified immediately and may endorse continuation of the licence, provided they deem the nominated person to be fit and proper to hold a liquor licence.

Eligibility

If you're aged 18 or over and:

  • the licensee’s spouse or de facto partner
  • a family member of a deceased licensee
  • someone who carries on business on behalf of the family
  • after probate has been granted, the executor or administrator of the will of a deceased licensee 
  • a trustee under the Bankruptcy Act 1966.

What you need

For all applicants:

  • a MyServiceNSW Account linked to your liquor licence manager
  • liquor licence name and number
  • name and contact details of the person lodging the form
  • the intended transfer date (cannot be less than 3 business days after the application is received)
  • representative's name and contact details (if applicable)
  • details of the proposed licensee's (transferee's) industry experience and profile (if applicable)
  • a copy of the death certificate, power of attorney/letter of authority, Workers Compensation letter (or similar), or letter from liquidators/administrators
  • completed Data Monitoring Services direct debit request form – PDF (if operating gaming machines)
  • Declaration by proposed licensee – PDF (if applicable).

and for individuals specifically:

  • copy of your NSW National Police Certificate, which should be less than 3 months old
  • copies of the 3 identity documents presented when you applied for the NSW National Police Certificate if you do not have a competency card
  • evidence of Responsible Service of Alcohol (RSA) qualification
  • evidence of Responsible Conduct of Gambling (RCG) qualification (if operating gaming machines)
  • personal details of:
    • transferee
    • proposed/present premises owner
    • proof of ownership (if you’re the premises owner)
    • proposed/present business owner
    • any interested third parties
  • transferee's signed declaration.

and for organisations specifically:

  • evidence of an appointed liquor approved manager
  • transferee's current Australian Securities and Investments Commission (ASIC) company information report showing directors and shareholders
  • details of:
    • transferee, including ABN, ACN, Y/Inc
    • transferee's contact person
    • proposed/present premises owner, including ABN, ACN, Y/Inc
    • proposed/present business owner, including ABN, ACN, Y/Inc
    • any interested third parties, including ABN, ACN, Y/Inc
  • Declaration by incoming manager – PDF
  • Declaration by organisation – PDF.

How to apply

  1. Select the 'Apply online' button.
  2. Log in, or create your MyServiceNSW Account and link your liquor licence manager.
  3. Select 'view licences'.
  4. Select 'modify licence'.
  5. Select 'Apply to transfer a liquor licence (due to death, disability or bankruptcy of existing licensee)'.
  6. Follow the prompts.
  7. Attach any supporting documents.
  8. Submit your application with payment.

More information

  • When lodging online, ensure all the documents you attach are in PDF format.
  • Declarations of consent must be signed by the appropriate office holders of the organisations, in accordance with section 127 of the Corporations Act 2001.
  • Fees vary depending on the type of licence you want to transfer, and online applications receive a 10% discount.