Apply for a tobacco licence

You will need to know the legal structure of your business so that you can provide the right information in your application.

There are 3 applicant types for different business structures:

Body corporate

A company, incorporated association, or co-operative. An applicant is likely to be a body corporate (company) if it has a sole director or a name ending in 'Pty Ltd'. A registered company has an Australian Company Number (ACN).

You may need to apply as a Body Corporate if:

• the business is registered as a company with the Australian Securities and Investments Commission (ASIC) and has an ACN (Australian Company Number)
• the business is a separate legal identity (that can own property, go into debt, sue and be sued)
• the business has shareholders, directors or executive committee members who make business decisions
• you lodge a separate business tax return (not part of your personal tax return)
• you have to prepare company financial statements and submit annual reviews to Australian Securities and Investments Commission (ASIC).

Natural person

An individual or sole trader. This is generally one person who owns and runs the business at the premises.

You may need to apply as a natural person if you:

• make all business decisions and take full legal responsibility for debts and obligations
• do not operate the business as a separate legal entity
• do not lodge business tax returns separately from your personal tax return.

Partnership

2 or more people who own and run the business together. Also known as a general, limited, family or other partnership. These people may share ownership and decision-making. They may or may not have a partnership agreement.

You may need to apply as a partnership if you:

• operate the business with one or more other people who are not shareholders or employees
• share control, income, and liabilities with others (with or without a formal agreement)
• do not operate the business as a separate legal entity.

There are 2 types of tobacco licence: retail and wholesale.

If you sell retail and wholesale tobacco, you will need both licence types.

You will need a separate licence for every location where you sell tobacco. You can include multiple locations in one online application.

Retail licence

Retail licences are for businesses that sell tobacco to the public, including from vending machines. This includes:

• supermarkets
• grocery stores
• convenience stores
• liquor licensed premises
• petrol stations
• tobacconists
• online retailers.

Wholesale licence

Wholesale licences are for businesses that sell tobacco to other retail or wholesale businesses.

Business information

In the application you will need to provide information about the business including:

• type of business
• addresses of the proposed locations to be licensed
• types of products sold
• the history of the business including financial, insolvency and criminal history
• websites or social media accounts associated with the business.

Personal information

The applicant and any associate(s), partners, directors and executive committee members must provide personal information. This will include:

• personal details
• financial, bankruptcy and criminal history
• declaring personal associates
• verifying their identities during the application process
• providing National Police Checks obtained through Service Victoria
• providing a director ID (if applicable).

If you are unable to verify your identity online using Service Victoria, you will need to submit a paper-based form. This form should be submitted along with certified copies of your identity documents.

If you live internationally, have documents from overseas or do not have an Australian mobile phone number, you may be unable to fully complete a digital application through the Service Victoria website. You should contact us for advice on how to complete the application process in your individual circumstances.

Declaring associates

An associate has a special meaning under law so it is important you understand what an associate is when you’re asked to declare them.

This may be people such as directors, executive committee members, partners or family members who are involved in the business.

The application form requests information about different types of associates in different parts of the form depending on that person’s role in the business and the business structure. It is important to declare the right person in the right part of the form so you should read the instructions carefully. Each person involved in the business should only be added to the application form once.

If you are not sure who you should declare as an associate, you should seek independent legal or business advice.

Documents you may need to provide

Companies will need to provide a historical and current Australian Securities and Investments Commission (ASIC) extract that is no more than 90 days old.

Incorporated bodies, such as an incorporated association, will need to provide proof of incorporation.

Businesses that operate as a trust will need to provide a Trust Deed.

All applicants and key business personnel (partners, directors and executive committee members) will need to provide a National Police Check obtained from Service Victoria. This document cannot be obtained from a third-party provider and must be no more than 90 days old.