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What this means for licensees

Under Section 31, licensees are no longer restricted to selling packaged liquor in prescribed quantities.

However, Section 64 restrictions remain in place and will continue to apply to various towns across the Kimberley.

Local liquor accords may also apply tailored liquor restrictions in specific areas. 

Section 64 restrictions by town

In Broome, Derby, Fitzroy Crossing, Halls Creek, Kununurra and Wyndham takeaway liquor may not be sold:

• in individual containers of more than 1 litre of liquor with an alcohol content of 6% or more (for example, wine casks of more than 1 litre)
• in glass bottles of 400ml or more of beer.
  

In addition, the following individual Section 64 restrictions apply:

Derby

• Packaged liquor can only be purchased between 12 noon and 8pm.
• The sale of 750ml beer bottles containing mainstream beer is prohibited.
• The sale of wine in casks or flagons is limited to 1 two-litre cask or flagon per customer, per day.
• The sale of fortified wine is limited to less than 2 litres of fortified wine per customer, per day. Accordingly, the sale of 2-litre casks or flagons is prohibited.
• The licensee is prohibited from any external promotion which advertises the price of full strength 'mainstream' packaged beers (for example, regular beer with over 3.5% ethanol per volume), ready to drink spirit or wine mixes, two-litre wine casks, or spirits whether the price is discounted or not. 
• The licensee is prohibited from any external promotion which links the purchase of full strength 'mainstream' packaged beer, ready to drink spirit or wine mixes, spirits or 2-litre cask wine with any prize, contest, or any other customer incentive. 
  

Fitzroy Crossing

• Takeaway liquor containing more than 2.7% alcohol cannot be sold to anyone other than a permanent or casual lodger at a hotel.
  

Halls Creek

• Takeaway liquor containing more than 2.7% alcohol cannot be sold to anyone other than a permanent or casual lodger at a hotel.
  

Kununurra and Wyndham

1. Liquor can only be sold before 12 noon if it is served with a meal.
2. The following restrictions apply to the sale of packaged liquor Monday to Saturday between 12 noon and 8pm:
   1. low strength alcohol (2.7% or less): no limit
   2. mid to full strength alcohol (2.7% to 7%): 11.25 litres per person per day (e.g. 1 carton of beer)
   3. full strength alcohol (7% to 15%): 2.25 litres per person per day (e.g. 3 bottles of wine)
   4. greater than 15% (some spirits, wines): 1 litre per person per day.

Liquor may be purchased in the quantities specified in either (b), (c) or (d), or half quantity combinations of (b) and (c).

Why the Section 31 Notice was introduced

On 25 March 2020, the Director of Liquor Licensing, in consultation with the WA Commissioner of Police in his capacity as State Emergency Coordinator, introduced temporary restrictions on the sale of packaged liquor across the State to ensure Western Australia was well prepared to respond to the COVID-19 outbreak and minimise alcohol-related problems in the community.

These State-wide restrictions were removed in April 2020. However, after consultation with the Commissioner of Police, the Director of Liquor Licensing reinstated Section 31 Notice restrictions for the Kimberley region to further support COVID-19 response measures.

The Section 31 Notice Kimberley restrictions expired on at 12.01am Friday 4 November 2022 when Western Australia’s State of Emergency for the COVID-19 pandemic ended.