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Tobacco sellers licensing

A valid tobacco licence is required to sell tobacco in Western Australia. You must apply for a licence and be approved to sell tobacco. New licences are issued for 12 months, the licence holder must apply to renew their licence each year. Selling tobacco products without a valid licence is an offence and penalties apply.

Types of tobacco seller’s licences

  • Retail - to sell tobacco by direct retail sale (in-person), including via a vending machine.
  • Wholesale – to sell by wholesale to retail suppliers.
  • Indirect – sales by way of internet, phone etc (not in-person).

Fees

Licence type New licence Renewal 
Application fee Licence fee Amount payable Annual fee
Retail $85.00 $242.00  $327.00  $278.00
Indirect $85.00 $242.00  $327.00  $278.00 
Wholesale $206.00  $591.00  $797.00  $658.00 

Payment details are on the application form.

If your tobacco seller’s licence has expired, you cannot sell tobacco products. Your licence cannot be renewed. You need to apply for a new licence to sell tobacco products.

If you are an existing licence holder, you must renew your licence each year to be able to continue to sell tobacco products, see How to renew a tobacco sellers licence.

Forms

If you have lost or damaged your licence, use this form to request a new one.

Completing your application

Applications must be complete and correct. Ensure you have:

  • completed the application form
  • answered all questions truthfully and correctly
  • attached all documents
  • paid the fee.

Incomplete applications cannot be processed. We may request further information at any time.

Applying for a licence

Body corporate

ID documents

A current ASIC Company extract/statement confirming all company officeholders. An extract/statement from an ASIC approved information broker may be accepted. See information brokers (external site) for more information.

National police certificates

All directors and company officers need to provide a National Police Certificate issued within the last 12 months.

Officeholders who live overseas may submit a local equivalent police certificate. Contact TCC.Apply@health.wa.gov.au if this is applicable to you.

Business name record of registration

A copy of an entry in the Business Names Register, provided under the Business Names Registration Act 2011.

If your business is a franchise and you do not hold the registered business name, provide evidence you are authorised to use the business name. This could be a signed letter of authorisation from the business name holder.

If you are operating a mines amenity the name of the mine is sufficient.

Applicant declaration

The applicant declaration must be signed by a director, or a person who has been authorised to sign on behalf of the company director/s.

If signed by an authorised person, provide evidence of the director/s authorisation.

Individual (sole trader)

ID documents

National police certificates

The applicant must provide a National Police Certificate issued within the last 12 months.

Business name record of registration

A copy of an entry in the Business Names Register, provided under the Business Names Registration Act 2011 (Commonwealth) section 60 (if applicable).

If your business is a franchise and you do not hold the registered business name, you need to provide evidence you are authorised to use the business name. This could be a signed letter of authorisation from the holder of the business name.

Applicant declaration

The individual applicant (sole trader) must sign the declaration.

Partnership between individuals

ID documents

The requirements for an individual (see above) apply for all listed partners.

National police certificates

The requirements for an individual (see above) apply for all listed partners.

Business name record of registration

The requirements for an individual (see above) apply.

Applicant declaration

One of the individual applicants must sign the declaration.

Written confirmation from one of the partners that the applicant is authorised to make the application is needed. A partner’s signature in section 8 of the TC1A form (PDF 1MB) is sufficient.

Body corporate partnership

Proof of identification:

The requirements of a body corporate (see above) apply for all listed partners.

National police certificates:

The requirements of a body corporate (see above) apply for all listed partners.

Business name record of registration:

The requirements of a body corporate (see above) apply.

Applicant declaration:

The applicant declaration must be signed by a director, or a person who has been authorised to sign on behalf of the company director/s.

If signed by an authorised person, provide evidence of the director/s authorisation.

Written confirmation from one of the partners that the applicant is authorised to make the application is needed. A partner’s signature in section 8 of the TC1A form (PDF 1MB) is sufficient.

Submitting your application

Submit your licence by:

  • email: TCC.Apply@health.wa.gov.au (preferred method)
  • Post: Tobacco Control Compliance Licencing
    Department of Health
    PO BOX 8172
    PERTH BUSINESS CENTRE WA 6849
Licence transfers

A licence cannot be transferred from one entity to another. Only one tobacco licence can be issued for a premises at a time.

If you want to sell tobacco you need to apply for a licence.

The outgoing licence holder must:

  1. Provide written confirmation to Tobacco Control Compliance to cancel their licence.

    This can be done by completing section 3 of the TC1A form, or in writing to TCC.Apply@health.wa.gov.au.

  2. Return their licence to Tobacco Control Compliance.

This must be sent by post to:

PO BOX 8172, PERTH BUSINESS CENTRE WA 6849.

If the existing licence holder cannot be contacted, please contact Tobacco Control Compliance at TCC.Apply@health.wa.gov.au to discuss your options.

Using an existing business name

You must hold a tobacco licence to sell tobacco products. A tobacco licence can only be issued to a person or entity who is registered to use that business name

We require a copy of the Business Names Register entry, if applicable, to assess your application.

Please allow up to 20 working days to assess a complete application.

Under ASIC rules (external site), if you are trading under a name other than your legal entity you need to hold a registered business name. For more information please see Business names, trading names and legal names (external site) and The difference between a trading name, business name and company name (external site)

Before you apply

Read the Tobacco Products Control Act 2006 (external site) and Tobacco Products Control Regulations 2006 (external site). You have legal obligations as a licence holder. Also read the Training package to support tobacco retailers in Western Australia.

If you have specific questions relating to your business, seek independent legal advice.

Some councils or shires have rules that restrict where businesses can sell tobacco products. Before you apply for a licence to sell tobacco products contact your local government (external site).

If you are issued a licence to sell tobacco products by the Department of Health, this does not certify you have all other approvals or licences that may be needed.

After a licence is issued

Your business must comply with the Tobacco Products Control Act 2006 (external site)and Tobacco Products Control Regulations 2006 (external site). Department of Health Compliance Officers may visit businesses at any time to assess whether you are complying with the law.

After your licence has been approved your business will be published at Public register of tobacco sellers licenses.

Information to assist retailers is available at Training package to support tobacco retailers in Western Australia. If you have specific questions relating to your business, you should seek independent legal advice.

Checking if a business has a licence

The Department publishes all businesses with a licence to sell tobacco products at Public register of tobacco sellers licenses.

Licence refusal

An application for a licence may be refused. If your application is refused, we will write to you to explain the reasons for the refusal. Refused applicants will be refunded their licence fee. The application fee is not refundable. A refused applicant may apply to the State Administrative Tribunal for a review of the decision.

Last reviewed: 31-10-2023
Produced by

Tobacco Control Branch

wa.gov.au