Licensees and approved managers need to ensure that their premises have a legal business name. All business operators are required by the Business Names Act 1962 to register their business name, if it is a name other than their own natural name (e.g. the name of the business is the same as the name of the licensee company). Registration is with the Australian Securities and Investments Commission and allows the establishment of a business identity.
The registered business name must be displayed at all times outside each place of business. It must be legible and appear on every business letter, statement of account, invoice, official notice, publication, order-for-goods, receipt and other documents the business issues.
If a business name changes, the new name must be registered. An application must also be lodged with the Office of Liquor and Gaming Regulation to change the name of a licensee company or the trading name of licensed premises. The application for a new name for the premises must be approved by OLGR prior to the use of the new name. The registration of the business name with the Office of Fair Trading does not indicate approval by OLGR, as different requirements exist for determination of the suitability of the name.
The trading name of licensed premises must be in accordance with the principal activity of the relevant licence type. No premises shall be named as to indicate that the premises are licensed under a different licence to that actually issued in respect of the premises.
An example of this is the trading name in relation to a “Commercial Other” (Subsidiary On-Premises) licence with a principal activity of the provision of meals. The trading name of – Jack‘s Bar & Grill is acceptable, however ― Jack‘s Bar on the River is not. The use of the word “bar” is permissible provided that dining is also intimated.