Guide to application for a licence to sell tobacco products

Age

A licence cannot be issued to a person under 18.

Licence type

A licence can be issued for 3 types of sale and 1 licence is required for each type of sale conducted on the premises.

The types of sales are:

• retail
• indirect
• wholesale.

Q1 – Application for licence

A – Type of licence

Tick the box next to each type of sale that will be conducted at the premises:

• retail sale – which has the normal meaning of retail sale
• indirect sale – where the seller and the purchaser are not in the same place at the same time (for example, sale by fax order, mail order, internet or telephone order)
• wholesale sale – where the sale is for purpose of on sale.

B – One application form for multiple premises

One application form can be submitted if the same person is applying for the same type or types of licence for multiple premises and all information other than the address is identical for each premise.

For example, the same person sells tobacco products by way of retail sale, or retail sale and wholesale sale, at different premises.

Instead of completing Form TC1A for each premise, use Form TC1B to record details of the different premises.

Applicant information

A licence can be issued to 2 types of persons:

• an individual
• a body corporate.

A body corporate is a person who is:

• an Australian public company
• an Australian private company
• an association
• other incorporated or unincorporated entity.

An individual is a person who is not a body corporate but is a person trading as a sole trader or in partnership with one or more other persons (for example, a firm, partnership or limited partnership).

If the person is conducting a business in partnership with 1 or more other persons, only 1 of the persons is to make the application.

Note: For a body corporate you must provide a copy of the Certificate of Company Registration and Extract of Company Officers. Read more on tobacco sellers licensing requirements.

Q2 – Name of applicant

For a body corporate, it is the legal entity’s name that appears on all legal and official documents. This name may be different to the trading name of the entity.

For example:

• Company – XYZ Pty Ltd, trading as XYZ Sales. The applicant is XYZ Sales Pty Ltd
• DownSouth Bowling Club Inc. The name of the applicant is DownSouth Bowling Club Inc.

For an individual, it is the name of an individual person who conducts a business as a sole trader (1 natural person) or in partnership with 1 or more other persons.

For example:

• Thomas James Williams, a sole proprietor trading as Tom’s Deli. The name of the applicant is Thomas James Williams.
• Harold L Smith, Susan R Jones and Horace T Ball, partners trading as HSH Sales. The name of the applicant is any one of the persons in the partnership.

Q3 – Applicants trading name

The name to be entered here is the name that the applicant’s business normally trades under.

In the examples given under question 2 above, the trading name of the applicant:

• XYZ Pty Ltd is XYZ Sales
• Thomas James Williams is Tom’s Deli
• of any of the partners Harold L Smith, Susan R Jones and Horace T Ball is HSH Sales.

If the applicant is trading in partnership under a business name, you must provide a copy of Certificate of Registration of Business Name and a copy of the Business Name Extract detailing the person or persons to whom the business name is registered.

If the applicant’s trading name is the same as at question 2 above enter ‘same’ in the box.

Q4 – Applicants ABN

Complete this question only if the applicant entered at question 1 has an Australian Business Number (ABN).

Applicant address details

A licence to sell tobacco products must specify the premises to which it applies, which is the address at which tobacco products are sold. It is important to include all the details of an address of the premises as it clearly distinguishes the premises.

Q5 – Premises

An example of the required address is:

Office/shop/unit/level and number: Shop 6, 1st floor

Name of building/shopping centre: Metropolitan Shopping Centre

Street number and name: 123 Middletown Highway

Suburb/City: Perth

Postcode: 6000

Leave blank If there is not an office/shop/unit/level number or name of building etc.

Q6 – Postal address

The detail to be entered here is the postal address of the applicant.

This address will be used to post all information about licensing, including renewal notices.

If the postal address is the same as the address of the premises to which the licence will apply (as entered at question 5), enter ‘same’.

Suitability of applicant

Q7 – Applicant must answer all questions (A) to (E)

A licence can only be issued to a person who is fit and proper to hold a licence.

The applicant is required to answer ‘Yes’ or ‘No’ to all the questions listed on the application form.

The Western Australian Department of Health will conduct random audits of licence applications to assess an applicant’s probity, which may require an applicant to provide a national criminal screening record.

For bodies corporate, the questions apply to the body corporate and all officers of the body corporate.

If the applicant is an individual, the questions apply only to the individual, not any partners that the applicant is in partnership with.

Under question 7(c) ‘corresponding law’ means a law of another Australian State or Territory or of the Commonwealth that corresponds to or has similar purposes to the Tobacco Products Control Act 2006 (external site).

If you answer yes to any of the questions in question 7 then the following information is required to be provided with the application as is relevant to the matter:

(a)          current or historical criminal records relating to any conviction of the applicant

(b)          any decision in proceedings before any tribunal or body of appeal to which the applicant has been party

(c)          any other information relating to another licence that the applicant has held or for which the applicant has applied

(d)          any information and documents relating to charges pending

(e)          any other information that may be necessary to assist in assessing if the applicant is a fit and proper person to hold a licence.

Applicant signature

Q8 – Details and signature of person making application

If the applicant is:

• an individual named in question 2, a signature is required at point (a)
• a body corporate, the name and signature required is the name and signature of the person who is authorised by the body corporate to make the application on behalf of the body corporate.

Contact details

This is the person who the Department will contact if there are any queries about the application.

Q9 – Contact person for queries about application

If the person is an individual and it is the person entered at question 2 or for a body corporate, if it is the same person entered at question 8, write the word same in the name box and complete the remaining details.

Authorisation

Q10 – Authorisation to make application

An applicant who is a sole trader does not need to complete this question.

A sole trader is a person who trades alone, without the use of a company structure or partners and who bears alone full responsibility for the activities of the business.

For a body corporate:

• the applicant is required to provide written confirmation from 1 of the directors of the body corporate that the applicant is authorised by the body corporate to make the application.
• the person required to complete this question is 1 of the directors.

For an individual who conducts business in a partnership:

• the applicant is required to provide written confirmation from one of the partners that the applicant is authorised by the partnership to make the application
• the person required to complete this question is one of the other partners.

Payment options

Q11 – Prescribed fees must accompany an application

Payment can be made by:

• BPay
• BPoint (MasterCard or Visa accepted)
• Cheque
• Money order.

If paying by Bpay or BPoint and you have not received your application by post, please contact the Tobacco Control Branch at the Department on 1300 784 892 to obtain a customer reference number.

Fees

The application fee and the licence issue fee must accompany the application.

If the application is refused the application fee is non-refundable however the licence issue fee will be refunded.

If a licence for more than 1 type of sale is sought, the fees for each type of sale must be paid.

Fee schedule as at 1 July 2023

Table 1: Fees for a licence to sell tobacco products

Checklist

Is the application complete?

Use this checklist to ensure all required information and supporting documents accompany the application.

Ensure that all required details on application form are completed, relevant boxes are ticked and that the correct supporting documents are included.

For all applications

Include the application form and

• the licence application fee (non-refundable)
• the licence fee (refundable if licence not approved)
• any other information required if you answered yes to any question at question 7.

For body corporate applications

Include the application forms, the above supporting documents and:

• a copy of certificate of registration of company
• a copy of extract of company officers.

In addition, if the trading name is different to the company name you should also include:

• a copy of certificate of registered business name
• a copy of business names extract detailing names of person or persons to whom the business name is registered.

For individual applications

• If trading in partnership under a registered business name
• a copy of business names extract
• a copy of certificate of registered business name
• proof of identity of the person making the application.

Proof of identity

Proof of identity is any of the following that is certified and signed by the applicant to be a true copy of the original document:

(a) applicant’s birth certificate

(b) applicant’s passport if the passport is either current or has not been expired for more than 24 month

(c) applicant’s motor driver’s licence

(d)certificate of the applicant’s Australian citizenship

(e)document establishing the discharge of the applicant from any of the Australian defence forces

(f) document establishing the applicant’s appointment as a Justice of the Peace

(g) certificate of the applicant’s identity issued by the department of the Commonwealth public service responsible for the administration of foreign affairs

or

(h) certificate of the applicant’s descent issued by the department of the Commonwealth public service responsible for the administration of immigration or issued by a consulate within Australia.

More information

Tobacco Control Branch

• Phone: 1300 784 892
• Email: tcb@health.wa.gov.au

Please submit your application, with all supporting documents and fees payment to:

• Tobacco licensing
  Department of Health
  PO Box 1335
  West Leederville 6901.

For registration information on your tobacco sellers licence, or licences held by others, visit the Public Register of Tobacco Sellers Licences (external site).