SERVICE STATION LICENSING – VICTORIA

The Victorian legislation is an example of control through licensing;

STATE EXAMPLE OF LICENSING - VICTORIA

Since 1 September 1979 it has been an offence to sell petroleum products in Victoria unless the proprietor holds a current petroleum retailer's licence issued by Business Franchises. If the proprietor sells tobacco products as well as petroleum products he/she must also hold a retail tobacconist's licence. The purchaser of service station that sells petroleum products must apply for a licence. The person selling the business should have a licence but it will not cover the person the new proprietor. Under normal circumstances the licence fee is $50 per annum. However, if the new proprietor has purchased from a person who is not either:

1. a licensed wholesaler
2. a licensed retailer who does not purchase from anyone except a licensed wholesaler,

- the licence fee is $xx plus 12.1% of the value of motor spirit and 15.5 % of the value of diesel fuel purchased from those people, which is for resale or consumption in Victoria. A licensed wholesaler must print on his invoices: 'Licensed Petroleum Wholesaler'. If the proprietor buys petroleum products from someone who is not a licensed wholesaler he/she must advise this State Revenue Office; in writing within 7 days.

The information provided includes the name and address of the supplier, when and where the purchases were or will be made and the price. There are penalties for non compliance. If service station proprietor:

1. Moves from one retail outlet to another
2. Acquires additional retail outlets
3. Disposes of any of his/her retail outlets
4. Stops trading at some, but not all of his/her retail outlets, - he/she must notify the Office in writing within 14 days of the change.

If the proprietor stops or intends to stop selling petroleum products completely he/she must notify the Office in writing within 14 days of ceasing to trade. If the proprietor sells any petroleum product outside Victoria he/she may, before the end of the month after the month in which he/she bought it, give to the licensed wholesaler from whom he/she bought the petroleum product a statement setting out the quantity and value of the petroleum product sold outside Victoria during either of those 2 months. There are penalties for persons who do not comply.

The service station proprietor must keep all records relating to the #purchase and sale of petroleum products for 5 years. He/she must keep records in the form of a book of all purchases from unlicensed wholesalers, and separate re#cords in the form of a book of all purchases from unlicensed wholesalers. State Revenue Office Inspectors may at any reasonable time:

1. enter any place which is thought to be involved in any way in the selling or storage of petroleum products.
2. request to see any records which relate in any way to the selling or storage of petroleum products, and take copies or seize them.
3. seize any petroleum products which, if seized under a search warrant, may be forfeited to the Crown.

The service station proprietor must not prevent, hinder, fail to comply with a request from, or give false or misleading information to an inspector.