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Individual licensees in the relevant towns in the Kimberley region have now been notified about proposed changes to their licence conditions. These are:

• in the towns of Broome and Derby, imposing conditions on liquor licences consistent with those prescribed in the Liquor Control (Section 31) (Kimberley) Notice 2021; and
• in the towns of Kununurra and Wyndham, providing exemptions to the existing section 64 conditions on liquor licences in those town, consistent with the exemptions provided in the Liquor Control (Section 31) (Kimberley) Notice 2021.

It was decided not to impose further conditions elsewhere in the Kimberley, or in the Pilbara towns of Wickham, Point Samson, Karratha, Dampier and Newman.

These proposed changes follow extensive stakeholder consultation. All individual, community and industry feedback has been thoroughly considered in this process.  

Background

In July 2020, the then Director of Liquor Licensing commenced 2 separate Inquiries into whether restrictions should be imposed on availability of packaged liquor in:

• Wickham
• Point Samson
• Karratha
• Dampier
• Newman
• Derby
• Broome
• Kununurra
• Wyndham
• surrounding communities.

Section 64 of the Act provides the ability to impose conditions which are considered to be in the public interest or considered desirable in order to:

• minimise harm or ill-health caused to people, or any group of people, due to the use of liquor;
• ensure that liquor is sold and consumed in a responsible manner;
• ensure public order and safety; and
• limit:  
  • the kinds of liquor that may be sold
  • the manner or the containers, or number or types of containers, in which liquor may be sold
  • the days on which, and the times at which, liquor may be sold.

To help inform the Inquiries, government and community groups were written to on 30 July 2020, seeking information on the extent and impact of alcohol-related harm in the Kimberley and Pilbara regions by November 2020.

Then on 18 October 2021, following receipt of those submissions, letters were sent to affected licensees and industry associations, inviting their comment, with extensions granted to lodge submissions until 1 September 2022, following:

• difficulties with responding in the initial time frame
• challenges presented to business, government and the community by the COVID-19 pandemic and subsequent reopening of the State borders
• the supply of updated crime data for the Kimberley region.

There were 33 submissions made to the Kimberley inquiry and 20 submissions made to the Pilbara inquiry.

What next?

Individual licensees in the relevant areas have been notified about any proposed changes to their licence conditions. Proposed changes are currently being communicated to key stakeholders and the broader community.

Pursuant to section 64(2a) of the Act, affected licensees now have the opportunity to show cause as to why the proposed conditions should not be imposed on their licence. Following receipt of any further submissions, a final determination will be made and stakeholders notified prior to implementation of any changes. A final decision is expected in late February 2023.

The department is committed to keeping the process as open and transparent as possible. WA Director of Liquor Licensing Lanie Chopping today thanked all stakeholders for contributing to the process.

If you need more information about the Inquiries, including lodgement of responses to show cause notices, please email liquor.inquiry@dlgsc.wa.gov.au

Media enquiries should be emailed to mediaenquiry@dlgsc.wa.gov.au

Please note Inquiries by the Director of Liquor Licensing are independent of the Minister for Racing, Gaming and Liquor and the Police Commissioner.

• Role of Director of Liquor Licencing
• Role of Liquor Commission
• What are Liquor Accords.

Section 64. Liquor Inquiry Decision Process

1. Director of Liquor Licensing (DLL) makes decision to conduct inquiry
   • This can be of the DLL’s own motion or prompted by stakeholder reports or evidence of anti-social behaviour.
2. DLL consults with stakeholders
   • Includes Commissioner of Police, relevant local governments, Chief Health Officer and any other organisation considered able to submit information.
3. DLL provides information to licensees
   • Licensees are given time to provide a submission on the evidence.
4. DLL makes a decision whether to impose conditions
   • Decision considers all the evidence provided and empowers DLL to impose conditions that are in the public interest to minimise harm and ensure liquor is sold responsibly.
5. Show cause notice is issued to affected licensees
   • Licensees given further opportunity to provide comment about the proposed conditions.
6. Final decision will be made
   • Licensees will be informed of decision and may be given up to 28 days for conditions to come into effect.
7. Decision can be appealed to the Liquor Commission.