Proceedings before the Director of Liquor Licensing

Purpose

This factsheet explains what a proceeding before the Director of Liquor Licensing (DLL) is, and how it might be conducted.

What are proceedings before the DLL?

As a licensing authority under the Liquor Control Act 1988 (LC Act) the DLL can determine applications or other matters under that Act. For example, the DLL could consider whether an application for a liquor licence should be granted, or whether an offence has occurred in a licensed premises.

Proceedings in relation to the grant of a licence or permit

If the DLL requires that an application be advertised, the advertisement must include a statement that objections to the application should be lodged with the DLL by a specified date.

Objections to an application can be lodged by any person¹ on one or more of the following grounds, namely that the grant of the application would:

• not be in the public interest
• cause undue harm due to the use of alcohol
• cause undue inconvenience to people who reside or work nearby, or are travelling to a place of public worship, hospital or school (existing or proposed)
• decrease the amenity, quiet or good order of the locality
• be contrary to the LC Act.² For example, the LC Act sets out that new packaged liquor outlets will not be permitted if there are existing liquor stores within a certain distance to the proposed store.³

Anyone objecting to the application has to prove that their objection is valid.⁴

Certain parties may intervene in proceedings. An intervention must be made in a written notice setting out the nature of the proposed intervention.⁵ A person who intervenes may become a party to the proceedings.⁶

The following parties may object to,⁷ or intervene in proceedings before the DLL:

• the Commissioner of Police
• a person authorised by the relevant local government
• the chief executive officer appointed under the Western Australian Tourism Commission Act 1983
• the Chief Health Officer.⁸

An objection⁹ or intervention¹⁰ must be made within the time set out in the advertisement unless the DLL has permitted otherwise.

Parties to the proceeding

The people who objected¹¹ or intervened become parties to the proceedings. The applicant will receive a copy of the objections that were lodged. Each of the parties to proceedings will have a reasonable opportunity to:

• present their case to the DLL
• inspect any documents which are relevant to their case and which the DLL is going to rely on when making a determination, and make submissions in relation to them.¹²

A party to proceedings may appear:

• personally
• by counsel
• by an officer or employee of an association formed to promote the interests of a section of the liquor industry, if the party is a member of that association
• by an officer or employee of the body corporate, if the party is a body corporate
• by any other person approved by the DLL.¹³

How proceedings will be conducted

The DLL will often determine matters on the basis of written submissions but can choose to determine the matter at a conciliatory conference, teleconference or formal hearing. The DLL will give the applicant and other parties notice if a live or virtual hearing will be conducted, so that parties may attend and be heard.¹⁴ All evidence and submissions that parties intend to rely on should be filed and served by the lodgement dates given by the DLL.

Hearings before the DLL will generally be in private, and the DLL will determine who is to be present. However, the DLL may consider that in the circumstances of the case it should be in public.¹⁵

The DLL is to act without excessive formality and may:

• make determinations on the balance of probabilities
• adjourn hearings, either on the DLL’s own motion or on the application of any party
• receive submissions and representations, and dismiss or determine applications, in whatever manner the DLL thinks suitable¹⁶
• conduct hearings, meetings, consultation and negotiations at the times and places that the DLL decides on.

The DLL is:

• not bound by the rules of evidence or any court procedures
• to act according to equity, good conscience and the merits of each case
• to act as speedily and with as little formality and technicality as is practical¹⁷
• able to set aside an application for irregularity if the applicant contravened a requirement or order of the DLL.¹⁸

The DLL will determine how a matter is to be progressed. For example, a conciliatory conference may be held to resolve issues or objections. Or a pre-hearing conference may be held to review the documentation submitted, set a date for the hearing and make ancillary orders to facilitate it. If a hearing is held the DLL will consider matters such as the taking of sworn evidence, calling of witnesses and the examination and cross examination of witnesses. Parties to proceedings will be advised in advance how the DLL wishes to progress the matter.

The decision of the DLL

After the DLL has made a decision, each party to proceedings will receive written notice of it, which also sets out their right of review.¹⁹ The right of review is in section 25 of the LC Act and allows a party to proceedings who was dissatisfied with the decision to apply to the Liquor Commission for a review. Note that some decisions of the DLL cannot be reviewed by the Liquor Commission, such as those relating to occasional licences or most extended trading permits.

The notice of the decision which is sent by the DLL might include the reasons for the decision but does not need to. If it does not, a party to proceedings may request the DLL to provide these to them, if the request is made within 28 days, or a longer period if allowed by the DLL.²⁰ On such a request, the DLL must provide the party to proceedings with written reasons for the decision.

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 s73(2)
2. LC Act s74(1)
3. LC Act s36B(3)
4. LC Act s73(10)
5. LC Act s69(12)
6. LC Act s69(13)(a)
7. LC Act s73(1)
8. LC Act s69
9. LC Act s73(4)
10. LC Act s69(12)
11. Except for some objections which will not be heard, for example, if the DLL determines they are frivolous or vexatious. See s74(4).
12. LC Act s16(11)
13. LC Act s17(1)
14. LC Act s13(5)
15. LC Act s13(6)
16. LC Act s16(1)
17. LC Act s16(7)
18. LC Act s(4)(b)
19. LC Act s18AA(1)
20. LC Act s18AA(2).