There are mandatory grounds where an application for an operator licence must be refused, and discretionary grounds, where Fair Trading has to make a decision, on a case-by-case basis, whether or not to approve an application.
If you are not sure whether you meet the eligibility criteria, contact Fair Trading on 1300 131 134 before submitting your application.
If you lodge an application which is subsequently refused, you are eligible for a partial refund, however, the application fee is non-refundable. Refunds will not be considered until all avenues for appeal have been finalised.
If your application is refused, you have the right to appeal this decision. In the first instance you may apply for an internal review of the decision. An application form for an internal review will be included with the refusal letter along with a statement of reasons outlining why your application has been refused.
You must lodge your application for a review with Fair Trading within 28 days of receiving the letter of refusal.
If you still disagree with the decision following the review, you may apply for a further review to be carried out by the NSW Civil and Administrative Tribunal within 28 days of receiving the result of the internal review.
Fair Trading is unable to provide legal advice regarding any application. You should consult your own legal adviser for this information.