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Purpose

This document explains the provisions in the Liquor Control Act 1988 (LC Act), which set out how documents relating to applications for a liquor licence or permit may be inspected. It also explains what information can be obtained in relation to existing licensees. 

Introduction

An applicant for a liquor licence or permit must include in their application whatever documentation is required by the Director of Liquor Licensing (DLL) in that particular case.¹ 

The DLL may require an application to be advertised. If it is advertised, a copy of the notice of the application will be published on the DLGSC’s website.² The website information will state that objections to the application should be lodged with the DLL by a specified date.³ From the publication of the notice till the specified date is the ‘objection period’. Before the expiry of the objection period, any person can object to the application for a licence/permit.⁴

Inspecting application documents before expiry of the objection period 

Before the objection period expires, documents lodged by the licensee as part of the application can be inspected by any person for no charge at the DLGSC office where the documents are held — photocopies will not be provided. The documents which may be inspected include:

• application forms relevant to the application, except for the ‘personal particulars’ form known as LLD/5⁵
• any plans or specifications of the proposed licensed premises  
  
• any relevant planning documents, which could include a certificate from the relevant planning authority for the district where the proposed licensed premises is located, which certifies whether the use of premises would comply with relevant laws,⁶ or a development approval relating to the premises  
  
• any Public Interest Assessment (PIA) including submissions and evidence lodged  
• if relevant, the club constitution. 

Any person wishing to inspect these documents must make an appointment with the Coordinator of the Liquor Licensing section of the DLGSC before the expiry of the objection period. Arrangements for viewing will made at a time that is operationally convenient, for example during normal working hours.  

Accessing application documents after the objection period has expired 

After the objection period has finished, and before the DLL has determined the application, parties to proceedings⁷ may inspect the documents which the DLL will rely on in making the determination.

Parties to proceedings are people who have objected to the application, and can also include people who are authorised to intervene under section 69 of the LC Act, which include the:  

• Commissioner of Police  
• officers from the relevant local government  
• chief executive officer appointed under the Western Australian Tourism Commission Act 1983  
• Chief Health Officer. 

Confidential documents

Applicants should consider not lodging confidential information, or redacting information they consider to be sensitive. This is because documents may be viewed by other parties if their licensing application is advertised, or if an objection or intervention under section 69 is made. Note however, that when determining the application, the DLL will generally only consider documents which are also available for inspection.

A party who wishes an application document to remain confidential may make an application to the DLL for directions restricting the disclosure of the document lodged, to some or all of the parties to the proceeding.⁸

General search on existing licences

A person may request a general search of a licence record held by the DLGSC by completing the Request for Search of a Licensed Premises form, which provides access to the following information: 

• licence number, licence conditions and category of licence 
• licensee name and premises contact details 
  
• mailing address and contact details of licensee 
  
• premises address and owner details. 
  

Access to internal DLGSC documents will generally not be permitted. People who are considering making a Freedom of Information application under the Freedom of Information Act 1992  should refer to the DLGSC’s Freedom of Information policy statement. 

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

1. LC Act s68(1)
2. LC Act s67
3.  LC Act s69(3)
4. LC Act s73(2). Note that the LC Act only allows objections to be made on the grounds set out in s74(1)
5. The LLD/5 form includes the personal particulars of the licensee that are specified in Schedule 2 of the LC Regs
6. The certificate referred to is required by LC Act s40
7. LC Act s16(11)
8. LC Act s16(9)(c).