Retail Kiosk Licence
Shopping Centre Kiosk / Pop-Up Licence
This Retail Kiosk Licence Agreement (the "Licence") is made on [Licence Date] in [State/Territory], Australia.
1. PARTIES
1.1 Licensor: [Licensor Name], ABN [Licensor ABN], of [Licensor Address] (the "Licensor").
1.2 Licensee: [Licensee Name], ABN [Licensee ABN], of [Licensee Address], email [Licensee Email] (the "Licensee").
2. GRANT OF LICENCE
2.1 The Licensor grants the Licensee a non-exclusive, non-transferable licence to occupy and operate a retail kiosk at the following location within [Centre Name and Address] (the "Kiosk Site"):
Kiosk Location: [Kiosk Location]
Approximate Area: [Kiosk Area]
2.2 This Licence confers a personal right only. It does not create a lease, tenancy, or any estate or interest in land. The Licensee acknowledges that it has no security of tenure and is not a tenant of the Licensor.
2.3 Permitted Use: The Licensee must use the Kiosk Site only for the purpose of [Permitted Use] and for no other purpose without the prior written consent of the Licensor.
2.4 The Licensor may relocate the Kiosk Site to a comparable location within the centre on not less than 14 days' written notice to the Licensee, without liability to the Licensor.
3. LICENCE TERM
3.1 This Licence commences on [Commencement Date] and expires on [Expiry Date] (the "Licence Term"), unless terminated earlier in accordance with this Licence.
3.2 This Licence will not automatically renew on expiry. If the Licensor permits the Licensee to continue in occupation after expiry, that occupation is on a week-to-week basis terminable by either party on 7 days' written notice.
3.3 The Licensee must trade during all centre trading hours as required. Required trading hours: [Trading Hours].
4. LICENCE FEE AND PAYMENTS
4.1 Base Licence Fee: The Licensee must pay the Licensor a weekly base licence fee of AUD $[Weekly Fee] (plus GST at 10%) in advance on each Monday of the Licence Term, or as otherwise directed by the Licensor.
4.2 GST: All amounts payable under this Licence are exclusive of Goods and Services Tax (GST). The Licensee must pay GST of 10% in addition to all licence fees and other amounts payable, on receipt of a valid tax invoice under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.3 Security Deposit: The Licensee must pay the Licensor a security deposit of AUD $[Security Deposit] (plus GST) on execution of this Licence. The security deposit will be held by the Licensor and returned (without interest) within 30 days after the end of the Licence Term, subject to deduction of any amounts owing.
4.4 Outgoings: The Licensee is responsible for all costs associated with its kiosk operations including electricity consumption, telephone, internet, and any fitout costs.
5. KIOSK OPERATION AND CENTRE RULES
5.1 The Licensee must comply with all requirements set out in [Centre Rules Description] (the "Centre Rules"), as amended from time to time by the Licensor. The Centre Rules are incorporated into this Licence by reference.
5.2 The Licensee must maintain the Kiosk Site in a clean, tidy, and professional condition at all times during trading hours and must not obstruct pedestrian flow in the mall or any common area.
5.3 The Licensee must not affix any signage, fixtures, or fittings to the Kiosk Site structure, flooring, or ceiling without the prior written approval of the Licensor. Approved signage must comply with the centre's signage standards.
5.4 The Licensee must not conduct any nuisance activity, play amplified music, or use loudspeakers or audio equipment without the prior written approval of the Licensor.
5.5 The Licensor may direct the Licensee to alter or remove any display, merchandise, or fitout element that the Licensor considers inconsistent with the presentation standards of the centre.
6. INSURANCE
6.1 The Licensee must, at its own cost and throughout the Licence Term, maintain:
(a) public liability insurance for not less than AUD $[Public Liability Amount] per occurrence, noting the Licensor and the centre owner as interested parties;
(b) insurance over all stock, fixtures, equipment, and personal property at the Kiosk Site for full replacement value;
(c) workers' compensation insurance as required by law in [State/Territory].
6.2 The Licensee must provide the Licensor with certificates of currency for all required insurance policies within 3 business days of request and prior to commencing trading.
6.3 The Licensor takes no responsibility for any loss, damage, or theft of the Licensee's stock, equipment, or property at the Kiosk Site.
7. DEFAULT AND TERMINATION
7.1 The Licensor may terminate this Licence immediately by written notice if the Licensee:
(a) fails to pay any licence fee or other amount within 7 days of the due date;
(b) breaches any term of this Licence or the Centre Rules and fails to remedy the breach within 5 business days of written notice;
(c) becomes insolvent, enters administration, or ceases trading.
7.2 On termination or expiry, the Licensee must immediately vacate the Kiosk Site and remove all of its property. Any property not removed within 48 hours may be removed and disposed of by the Licensor at the Licensee's cost.
7.3 The Licensor may also terminate this Licence on 30 days' written notice without cause.
8. GENERAL PROVISIONS
8.1 This Licence is governed by the laws of [State/Territory], Australia.
8.2 The Licensee must not assign, sublicence, or otherwise transfer this Licence or any interest in it without the prior written consent of the Licensor, which may be withheld at absolute discretion.
8.3 This Licence constitutes the entire agreement between the parties with respect to the Kiosk Site and supersedes all prior negotiations and representations. Any variation must be in writing signed by both parties.
8.4 If any provision of this Licence is invalid or unenforceable, it is severed without affecting the remaining provisions.
EXECUTION
Executed as a deed by the parties:
LICENSOR
[Licensor Name]
ABN: [Licensor ABN]
LICENSEE
[Licensee Name]
ABN: [Licensee ABN]
Licensor
________________
Signature
Date: ________________
Licensee
________________
Signature
Date: ________________
What Is a Retail Kiosk Licence?
A Retail Kiosk Licence in Australia sets the commercial terms and each party's obligations for the arrangement, consistent with the Real Property Act 1900 (NSW).
Shopping centre kiosk licences are governed by the licence agreement itself, together with the centre's management rules and operational guidelines. These rules typically regulate trading hours, fitout standards, signage, noise levels, and merchandising presentation. Kiosk operators are required to trade during all centre trading hours, which can include late-night and Sunday trading that does not apply to some other businesses.
A standard kiosk licence includes a base licence fee (typically calculated weekly) and, in major centres, a turnover rent mechanism. Turnover rent requires the licensee to pay an additional percentage of gross sales that exceed a negotiated threshold. This aligns the financial interests of the centre manager with the kiosk operator's performance. The Retail Kiosk Licence template produced here covers all of these key elements in a format compliant with Australian commercial standards.
The legal framework governing the Retail Kiosk Licence in Australia draws on several key statutes and regulatory bodies. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Parties executing a Retail Kiosk Licence in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Real Property Act 1900 (NSW) sets the foundational requirements.
When Do You Need a Retail Kiosk Licence?
You need a Retail Kiosk Licence whenever you or your business is granted the right to operate a kiosk, cart, or inline retail unit within a shopping centre, airport, transport hub, or similar managed retail environment. Without a written licence agreement, there is no clear record of the agreed site, fee, trading hours, insurance obligations, or the basis on which either party may terminate the arrangement.
Kiosk licences are particularly important in major shopping centres where the centre management reserves broad rights — including the right to relocate your kiosk, change the centre layout, adjust trading hours, and enforce strict presentation standards. Without a written agreement setting out these rights and obligations, disputes over fees, damage, and make-good obligations at expiry can become costly.
If you are operating during a short promotional period (such as a Christmas season or launch campaign), a kiosk licence that clearly defines the term prevents disputes over holdover periods. The licence should also specify whether the licensee has any right to renew, so that both parties have certainty at the end of the term.
From the centre owner's perspective, a properly drafted kiosk licence protects against claims by operators who may argue (incorrectly) that their arrangement has become a retail tenancy with security of tenure. The licence must make clear that no tenancy is created and that the licensee's occupation is at the pleasure of the licensor.
Parties in Australia should prepare a Retail Kiosk Licence proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Retail Kiosk Licence
A well-drafted Australian Retail Kiosk Licence must include the following essential elements. First, the kiosk site must be precisely identified — ideally by reference to a site plan — including the specific location within the centre (e.g. 'Kiosk K-14, Ground Level, near Food Court entrance') and the approximate floor area. A vague description creates disputes over what the licensee is entitled to use.
The permitted use must be strictly defined. Shopping centres control the retail mix across all tenancies and kiosks. An operator permitted to sell 'fashion accessories' cannot sell food, mobile phones, or electronics without separate consent. The licence should specify the exact category of goods or services to be sold.
The licence fee structure should clearly state the base weekly fee and, if applicable, the turnover rent mechanism: the turnover percentage, the annual threshold above which it applies, the reporting obligations, and the audit rights of the licensor. Failure to report turnover accurately is typically a ground for termination.
The centre management rules must be incorporated by reference. These rules govern day-to-day operations and may be updated by the centre manager from time to time. The licence should state that the licensee must comply with the rules as they exist from time to time, not just at the commencement date.
Insurance requirements, including minimum public liability cover (typically $20 million per occurrence), must be clearly stated with a requirement to note the centre owner as an interested party. Security deposit terms, make-good obligations on expiry, and the termination rights of both parties — including immediate termination for fee arrears — complete the key provisions needed for a legally sound kiosk licence.
Additional compliance elements for a Retail Kiosk Licence used in Australia include: Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Retail Kiosk Licence (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/real-estate/leases/au-retail-kiosk-licence
"Retail Kiosk Licence (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/real-estate/leases/au-retail-kiosk-licence.
@misc{formslegal-au-retail-kiosk-licence,
author = {{Forms Legal}},
title = {Retail Kiosk Licence (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/real-estate/leases/au-retail-kiosk-licence}},
note = {Free legal document template. Based on Real Property Act 1900 (NSW)}
}Frequently Asked Questions
No. A retail kiosk licence is a personal contractual right — not a tenancy or lease. The licensee has no security of tenure under the Retail Leases Acts. The Retail Leases Act may still apply if the licence meets the definition of a 'retail shop lease' under the relevant state legislation, so legal advice is recommended. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Turnover rent is an additional payment above the base licence fee, calculated as a percentage of the licensee's gross sales that exceed a set threshold. For example, if the threshold is $130,000 per year and turnover is $160,000, the licensee pays the agreed percentage on the $30,000 excess. Monthly turnover reports are typically required. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Yes, if the licence agreement includes a relocation clause — which is standard in shopping centre kiosk licences. The centre manager typically has the right to relocate a kiosk to a comparable site on reasonable notice (usually 14 days). The operator generally cannot refuse, as kiosk licences do not provide security of tenure. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
At minimum: public liability insurance of $20 million per occurrence (noting the centre owner as an interested party), workers' compensation as required by state law, and cover for stock and equipment. Shopping centres typically require certificates of currency before trade commences. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Potentially yes. In NSW, VIC, QLD, WA, and SA, the relevant Retail Leases Act may apply to kiosk licences if the licence meets the definition of a retail shop lease. Parties should obtain legal advice, particularly in NSW where the Retail Leases Act 1994 has broad application. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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