Existing Brothel Licence Holders
A brothel licence is granted for a term of three years, unless it is surrendered, suspended or cancelled during that period.
Licences are issued to individuals only and are personal to that individual. The licence may not be transferred or sold to another person.
At the end of the first and second year, but before the annual anniversary date (given date) of the licence, a licensee is obligated to submit an Annual Return and pay the relevant fees to the Prostitution Licensing Authority (PLA).
At the end of the third year, but before the expiry date, a licensee may apply to renew the brothel licence. If approved, the brothel licence will be granted for another three years, unless it is surrendered, suspended or cancelled within that time.
The licensee must comply with all relevant requirements of the Prostitution Act and brothel licence conditions, in particular condition 39, which states a licensee must hold a current Apply First Aid Certificate and CPR component (refer Attachment A).
Section 19 of the Prostitution Act 1999 (the Act) requires that an annual return and an annual licence fee be submitted the PLA. In accordance with ss 7 and 8 of the Prostitution Regulation 2014 the annual return and relevant fees must be submitted to the PLA on or before the licence anniversary day.
If the fees are not paid on or before the anniversary day, and no payment plan is entered into with the PLA, the licence will automatically be suspended for 28 days. The suspension will only end if the outstanding fees are paid or a payment plan is entered into with the PLA. Where a person has not entered into a payment plan, and fails to pay their outstanding fees during the suspension period (28 days) their licence will be automatically be cancelled. It should be noted that both suspension and cancellation occur automatically under the Act. No independent action is required by the PLA.
It is only in exceptional circumstances that the PLA will enter into a payment plan.
If a brothel licence is automatically cancelled, that person will be ineligible under the Prostitution Act to apply for a brothel licence or an approved manager’s certificate for a period of three years. This means that they will be excluded from being a brothel licensee or and approved manager during this period. If a person thinks that they might want to apply for a brothel licence or an approved manager’s certificate during this three year period, automatic cancellation (and its consequences) can be avoided by surrendering their brothel licence to the PLA before or during the suspension period.
A Renewal Application and relevant fees must be submitted to the PLA before or on the day the licence expires, if the licensee intends to continue to operate the brothel.
A licensee may apply for the renewal of the licence at least three months before the expiry date in accordance of Section 23 of the Prostitution Act 1999. The application for renewal must be in the approved form and accompanied by the renewal fee.
The PLA applies Section 23 of the Prostitution Act strictly.
A submission of a renewal application must be accompanied by the correct renewal fee within the timeframe specified in s 23 otherwise the licence will naturally expire. If the renewal application is not accompanied by the correct renewal fee, it will not be accepted by the Office of the PLA and will be returned to the applicant.
Should the licence expire, the brothel would have to cease operating. If the licensee wishes to remain in the industry, the licensee would then need to apply for another licence. The brothel would not be able to reopen until such time as a new licence was granted in respect to the premises.
A licence will only be extended by the PLA if the licensee has lodged the renewal application accompanied by the correct renewal fee prior to the expiry of the current licence. The purpose of this extension will be to give the PLA sufficient time for the processing of the renewal application.
Brothel Licence Fees (see below for links) must be paid annually and generally all fees are increased annually in line with the Consumer Price Index (CPI).
Fees Matrix ( 18 KB)
Brothel licence fees ( 38 KB)
Brothel application forms
Brothel Licence Annual Return ( 164 KB)
Brothel Licence Renewal ( 344 KB)
Change in Brothel Details Form ( 56 KB)
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