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Under Section 64 of the Liquor Control Act 1988 (the Act), the DLL has the authority to impose restrictions aimed at minimising alcohol-related harm and ensuring public order and safety.  

The decision on restrictions finalises the inquiry by the DLL under Section 64 of the Act.

The inquiry gathered evidence from multiple stakeholders including the Shire of Derby/West Kimberley, local licensees, service providers, the Department of Health, WA Police, Derby-based community groups, health agencies, academics and others.

The DLL considers that regulatory intervention and limiting access to alcohol through restrictions on the supply of packaged liquor is necessary to help reduce alcohol-related harm and ill health in Derby.

The Section 64 decision will provide a transparent and uniform framework for businesses and the community to help tackle alcohol-related harm.

The DLL will consider the need for further research into the issues raised by some licensees regarding volume vs strength, and will request the CEO of TourismWA provide data on any issues affecting the tourism sector.

Licensees in Derby that provide takeaway alcohol must follow the new restrictions and recording requirements from 15 July 2024.

Derby restrictions

From 15 July 2024 the following restrictions will apply for takeaway alcohol in the town of Derby:

1. The sale and supply of packaged liquor is prohibited on Sundays and Mondays.
2. The sale and supply of packaged liquor is only authorised on permitted days between the hours of 12 midday to 7pm.
3. The licensee must not sell packaged liquor in excess of the following quantities per customer per permitted trading day (i.e., daily quantity restrictions):
   1. 11.25 litres of beer, cider, or pre-mixed spirits (e.g. one carton or a combination of each kind of liquor up to 11.25 litres) where the alcohol content does not exceed 6%; or
   2. 3.75 litres of beer, cider or pre-mix spirts (or a combination of each kind up to 3.75 litres) where the alcohol content exceeds 6%; or
   3. up to 1.5 litres of wine (e.g. two 750ml bottles or one 1.5 litre cask); or 
   4. 1 litre of spirits; or
   5. 1 litre of fortified wine; or
   6. a combination of:
      • 5.6 litres of beer, cider, or pre-mixed spirits (e.g. half a carton or a combination of each kind of liquor up to 5.6 litres) where the alcohol content does not exceed 6%; or
      • 1.87 litres of beer, cider or pre-mix spirts (or a combination of each kind up to 1.87 litres) where the alcohol content exceeds 6%; and
      • 1.5 litres of wine (e.g. 2 bottles or 1.5 litre cask).
4. The licensee must scan identification for all customers purchasing packaged liquor for compliance with the Banned Drinkers Register and Takeaway Alcohol Management System (TAMS).
5. The sale of packaged liquor is not subject to the daily quantity restrictions where the sale is to a liquor merchant.
6. Where a packaged liquor product is available in Australia in a non-glass container, the licensee is prohibited from selling the product in a glass container, except where the sale is to a liquor merchant.
7. The sale of liquor is not subject to the daily quantity restrictions where a customer pre-orders liquor at least 72 hours in advance of pickup or delivery and: 
   1. the customer has completed a Bulk Purchase Order form; and
   2. the Bulk Purchase Order form contains the following information:
      1. name, address and licence number of relevant licence and signature of licensee or employee;
      2. name, address, phone number of customer;
      3. address where the liquor is being taken or delivered; and
      4. description and quantity of liquor ordered and the reason for the bulk purchase;
   3. a copy of the Bulk Purchase Order form is:
      1. provided to the Officer in Charge of the local Police station within 24 hours of the order being received by the licensee; and
      2. provided to the customer; and
      3. retained by the licensee and made available for inspection at the request of an authorised officer.

Register of exempt sales

1. Licensees must maintain on the licensed premises, a register of purchases made by a tourist, seafarer, station owner, pastoralist or a person operating or employed at a remote work site.
2. The register must be made available for inspection at the request of an authorised officer and must contain:
   1. name, address and phone number of the purchaser, including the residential address of a tourist; and
   2. address or other area where the liquor is being taken or delivered; and
   3. description and quantity of liquor purchased; and
   4. where available, vehicle registration of the purchaser.
      

Record of liquor transactions

1. The licensee is required to submit a return of liquor purchased from liquor merchants in Western Australia and elsewhere, by product type and quantity, to the Director of Liquor Licensing for each financial year by 31 July.  The return must contain the following information:
   1. Total amount paid or payable to the licensee and the quantity supplied in respect of:
      1. low alcohol liquor (2.7% ethanol by volume or less), e.g. light beer;
      2. mid strength alcohol liquor (2.8% to 3.5% ethanol by volume); and
      3. full strength alcohol liquor (3.6% ethanol by volume or more).
   2. The information is to be provided under the headings of the following product types:
      1. wine, beer, and spirits (as defined in section 3 of the Act); and
      2. pre-packaged pre-mixed alcohol beverages generally known as ‘ready-to-drinks (RTDs); and
      3. where the relevant licence authorises the sale of:
         1. liquor on the premises for consumption on the premises; and
         2. packaged liquor on and from the premises, then each of the above categories of liquor must also differentiate between liquor purchased to be sold for consumption on the licensed premises and as packaged liquor for consumption off the premises. 

Other restrictions 

Consuming liquor on public roads and in private vehicles is an offence (except where a permit or licence applies). This includes drinking in a motor vehicle on any public road or street. 

Consuming liquor in parks and other public places is an offence without the consent of the owner or controlling authority. This includes areas such as parks, reserves, beaches and so on. 

In Derby takeaway liquor can be purchased: 

• Liquor stores: Monday to Sunday 12 noon to 8 pm
• Hotels, taverns and clubs: Monday to Sunday 12 noon to 8 pm

Other restrictions:

• Liquor can only be served before 12 noon if it is served as part of a meal.
• The sale of 750ml beer bottles containing mainstream beer is prohibited.
• The sale of wine in casks or flagons is limited to one 2 litre cask or flagon, per customer, per day.
• The sale of fortified wine (i.e. port, sherry, muscat etc.) is limited to less than 2 litres per customer, per day. The sale of fortified in a 2 litre cask or flagon is prohibited.

Kimberley wide restrictions: 

In addition to the liquor restrictions specific to Derby, the following liquor restrictions exist for the entire Kimberley region. 

Takeaway liquor may not be sold: 

• in individual containers of more than one litre of liquor with an alcohol content of 6% or more 
• except, wine which can be sold in 1.5 litres casks
• in glass bottles of 400ml or more of beer.