Liquor applications

Applying for liquor licences, permits, conditions including fees and charges.

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Selling liquor

Section 3 of the Liquor Control Act 1988 (the Act) defines a sale as:

  1. agree or attempt to sell; or
  2. offer or expose for the purpose of selling; or
  3. send, forward or deliver for sale or on sale; or
  4. barter or exchange; or
  5. dispose, by lot or chance or by auction; or
  6. supply, or offer, agree or attempt to supply —
    1. in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or
    2. gratuitously, but with a view to gaining or maintaining custom or other commercial advantage;
      or
  7. authorise, direct, cause or permit to be done any act referred to in this definition.

If what you propose to do falls within this definition, then you will need to apply for an appropriate licence.

Alternatively, please refer to the bring your own (BYO) and exemptions sections as they provide further information on situations that do not require a licence.

If you would like to discuss whether you need a licence for your situation, contact us on 61 8 6551 4980 or via email to rglindustryservices@dlgsc.wa.gov.au.

A close-up of female and male friends sitting in a bar in Perth, Australia, having a meal and drink together. The main focus is on a man and woman part of the group.

New licences

There are 10 permanent licence categories in Western Australia. Each category varies in permitted trading hours and the manner in which liquor can be sold and supplied to the community:

Takeaway liquor

The following licences are authorised to conduct takeaway liquor (otherwise known as packaged liquor) sales:

  • Club — limited to members only
  • Hotel
  • Tavern
  • Liquor store
  • Producer
  • Special facility — only works canteen, tourism, room service restaurant, vocational education and training course, online wine sales or auction
  • Wholesaler — mainly to other permanent licensed premises.

Discuss your liquor licensing options by contacting us on 61 8 6551 4980 or via email to rglindustryservices@dlgsc.wa.gov.au.

Who can apply for a licence

Applications for a permanent liquor licence must be lodged under the name of the proposed licensee. Section 35 of the Act sets out who can make an application for a liquor licence. An application can be made by:

  • an individual person
  • a body corporate
  • an unincorporated body
  • 2 or more of the above, jointly.

The applicant must also have (or will have) exclusive tenure to the premises to be considered the licensee of a permanent liquor licences.

Who cannot apply for a licence

Section 34 of the Act sets out that applications cannot be granted if the applicant is:

  • bankrupt or has assigned his/her estate for the benefit of his/her creditors
  • incapable of managing his/her affairs because of a mental disorder
  • under sentence of imprisonment
  • under receivership or official management, or is in liquidation (companies only)
  • disqualified from holding a licence, or holds a licence which has been suspended, as a result of previous disciplinary proceedings
  • a juvenile (for example less than 18 years of age)
  • a Commonwealth or State public servant (including employees of Crown instrumentalities), unless the licensing authority is satisfied that there is no conflict of interest between the applicant’s employment and the operation of the licence.

How to apply for a licence

Applications can be lodged via our online portal. Follow our step-by-step guide to how to apply for a permanent liquor licence.

Policies

Applicants must refer to the following policies when preparing their application:

Policies you must also refer to depending on the licence category you are applying for:

Hotel restricted, tavern restricted, nightclub

Small bar

All other special facility licences

Issues creating an account

If you have issues creating an account, forgotten your login or require assistance with lodging your application, contact us on 61 8 6551 4999 or via email at e.business@dlgsc.wa.gov.au. Not to be contacted about the progress of your application.

Mandatory training requirements

It is the licence holder’s responsibility to ensure that:

  • an approved manager is on duty, within the licensed area, at all times.
  • every person involved in the sale, supply or service of liquor has completed the responsible service of alcohol (RSA) training.

Mandatory training policies:

Occasional licence

An occasional liquor licence authorises the licensee, who doesn't have a permanent licence, to sell, supply, or allow the consumption of liquor for a short period of time.

The term 'occasion' refers to a gathering, function or event, including a sporting contest, show, exhibition, trade or other fair or reception at which it is proposed that liquor be sold or supplied and consumed.

Guidance on how to lodge your application, lodgement timeframes and what information we need from you:

Charter boats and temporary bars

If you plan on selling or supplying liquor on a charter boat, or operate a temporary bar in conjunction with an event or function, then read the following policies before lodging your application:

Applying for an occasional licence

You can apply for an occasional licence via our online portal.

If you have issues creating an account, forgotten your login or require help lodging your application, contact us on 61 8 6551 4999 or via email at e.business@dlgsc.wa.gov.au

Upon receipt and payment of your application, a licensing officer will be assigned to process your application. Any enquires regarding the progress of your application should be referred to the licensing officer dealing with your application.

Some occasional licence applications can be lodged at your local court

Outside the Perth metropolitan area, an application for an occasional liquor licence can be lodged with your local court house where:

  • the anticipated attendance at the function or event is less than 500 people; or
  • the duration of the function or event will be less than 7 days.

This option may suit you if you are located in a rural or remote location.

One-off extended trading permits

A one-off extended trading permit (one-off ETP) application is required where the licensee wishes to temporarily extend their permitted trading hours/area or manner of trade for the purposes of an event, function, or occasion.

Licensees that hold a special facility licence must lodge a one-off add, vary or cancel application instead.

There are 5 types of one-off permits:

  1. hours and/or area
  2. cocktail functions (restaurant licences only)
  3. non-member functions (club and club restricted licences only)
  4. nightclub functions (nightclub licences only)
  5. offsite catering.

More information on each type of one-off permit, how to lodge your application, lodgement timeframes, and what information we need from you:

When you are ready, you can apply for a one-off ETP via our online portal.

If you have issues creating an account, forgotten your login or require help with lodging your application, contact us on 61 8 6551 4999 or via email at e.business@dlgsc.wa.gov.au.

Upon receipt and payment of your application, a licensing officer will be assigned to process your application. Any enquires regarding the progress of your application should be referred to the licensing officer dealing with your application in the first instance.

Cropped portrait of two businesspeople standing proudly in their coffee shop

Ongoing extended trading permits

An ongoing extended trading permit (ongoing ETP) is required when the licensee wishes to sell and supply liquor under the licence, according to the tenor of a permit, in circumstances to which that licence would not otherwise apply.

You can apply for an ongoing extended trading permits at the same time you lodge your application for a permanent liquor licence.

You can apply for:

  • cellar door operations (producer’s licences only)
  • ongoing hours
  • liquor without a meal (restaurant restricted to 120 persons or less)
  • liquor without a meal (restaurant not restricted to 120 persons or less)
  • alfresco
  • area
  • dining area
  • associations (club licence or special facility licence only)
  • lodgers/residential accommodation
  • catering
  • late delivery (liquor store licences only).

Information on each type of permit, how to lodge your application and lodgement timeframes:

Policies you must also refer to depending on the licence category you are applying for:

Ongoing hours

Alfresco, area

You can apply for an ongoing ETP at the same time you lodge your application for a permanent liquor licence.

One-off ETP

You can apply for a one-off ETP for the following permits via our online portal.

  • ongoing hours
  • area
  • catering.

If you have issues creating an account, forgotten your login or require help with lodging your application, contact us on 61 8 6551 4999 or via email at e.business@dlgsc.wa.gov.au.

Upon receipt and payment of your application, a licensing officer will be assigned to process your application. Any enquires regarding the progress of your application should be referred to the licensing officer dealing with your application in the first instance.

If you would like to discuss your licensing options, contact us on 61 8 6551 4980 or via email to rglindustryservices@dlgsc.wa.gov.au.  

Changes to permits and licences

Licensee must seek approval to change the:

  • licensee
  • licensed area
  • trading name
  • changes to licences or permits.

You can discuss your situation by contacting us 61 6551 4980 or via email to rglindustryservices@dlgsc.wa.gov.au

Which application you should lodge depending on your situation.

Exemptions

There are specific situations where the sale, supply or consumption of liquor does not require a licence or permit. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance.

These situations are only considered to be exempt when the exact conditions of the exemptions, as stated in the Liquor Control Regulations 1989, are met.

Further details on situations that do not require a licence can be found at the Exemptions to the Liquor Control Act 1988 Policy.

If you would like to discuss whether you need a licence for your situation, contact us on 61 8 6551 4980 or via email to rglindustryservices@dlgsc.wa.gov.au

If you cannot operate within the exemptions, then you will need to apply for either an occasional liquor licence or a permanent liquor licence.

Bring your own (BYO)

Licensed premises

If you’re the holder of an occasional liquor licence or a permanent liquor licence, it is up to you whether you allow BYO on your licensed premises or not.

If you do decide to allow BYO, then you must remember that harm minimisation principles apply, and you should include strategies for managing BYO in your harm minimisation plan.

Your licence never stops being subject to regulation in accordance with the Liquor Control Act 1988.

Unlicensed premises

You do not need a licence to offer BYO at an unlicensed premises. Common scenarios where BYO consumption occurs include:
  • at unlicensed restaurants
  • at live entertainment venues
  • in a charter vehicle.

However, people aren’t allowed to consume alcohol on an unlicensed premises unless they have the owner or occupier’s permission.

If you do offer BYO at a live entertainment venue or in a charter vehicle you are operating, that consumption is still subject to conditions found within the Director’s policy on Exemptions to the Liquor Control Act 1988.

Where can BYO consumption occur

Although the consumption of BYO liquor is exempt from the Act in certain circumstances, it’s important to know that it is an offence to allow an unlicensed premises to be used or kept as a place of resort for the consumption of alcohol.

Under section 119(7) of the Act, a place of resort doesn’t need to be a premise used repetitively for liquor consumption and can include a premises used on a single occasion.

The exemptions in section 119(7) relating to BYO consumption at live entertainment venues and in charter vehicles clarify that this is not a breach of the Act.

The consumption of BYO alcohol in unlicensed restaurants is covered under section 51(3) of the Act. This section provides for a customer or guest of that customer to bring liquor to a restaurant, in such a quantity as is reasonable for the circumstances, for consumption ancillary to a meal supplied and eaten there at that restaurant.

Managing BYO at licensed and unlicensed premises

  • It is recommended that you contact your local government to see if they have any issues with you offering BYO.
  • Only alcohol that was brought to the premises by the patron can be consumed on an unlicensed premises.
  • While you can determine what alcohol can be brought on site, you should not allow people to bring along more alcohol than they could reasonably consume over the course of a meal, function, or event.
  • It’s recommended you have a policy in place to limit the amount or type of alcohol consumed, for example BYO wine only.
  • You should also implement strategies that ensure alcohol is not consumed by juveniles or drunk people.

While completing the nationally accredited Responsible Service of Alcohol is not compulsory, the course helps understand important topics such as:

  • duty of care
  • harm minimisation
  • refusal of service
  • affects of alcohol
  • juveniles
  • identifying intoxication
  • conflict resolution.

Consumption of BYO liquor is regulated

Most unlicensed places the public have access to where the consumption of BYO alcohol can occur are considered a ‘regulated premises’ .

Under the Act, the consumption and possession of alcohol by juveniles and or the consumption of alcohol by drunk persons on these regulated premises is an offence.

Legislation applicable to BYO consumption

  • Liquor Control Act 1988 section 51 — unlicensed restaurants
  • Liquor Control Act 1988 section 115 — offences related to people and drunkenness
  • Liquor Control Act 1988 section 119 — offences related to unlicensed premises
  • Liquor Control Act 1988 section 122 — regulated premises.

Other liquor-related applications

Complaints about noise, disturbance from licensed premises

Section 117 of the Act provides for a complaint to be lodged against a licensee if the noise coming from, or the behaviour of patrons at, a licensed premises is affecting the people living in or attending premises such as a school or hospital in the neighbourhood.

More information on how to lodge a complaint:

Juvenile functions at licensed premises

A juvenile function is an event with music and other non-liquor related activities organised specifically for under aged persons to attend at a liquor licensed premises. Approval must be obtained from the Director of Liquor Licensing to permit under aged persons to attend the licensed premises without parental supervision.

The Director of Liquor Licensing will give consideration to applications for approval of underage functions provided there are adequate controls in place and provided the request is in the public interest.

Juvenile functions are aimed at persons aged between 13 and 17 years of age. Persons younger than 13 should be discouraged from attending while persons aged 18 year and above may only attend as a responsible adult for the sole purpose of supervision.

More information on how to lodge an application for a juvenile function:

Liquor restricted premises declaration

The owner or occupier of a private premises or privately owned land can apply to the Director of Liquor Licensing to have the premises declared a restricted residence for a specified period of time.

Section 152P(4) of the Act sets out who can make an application to the Director of Liquor Licensing for a liquor restricted premises declaration. An application can only be made by:

  • an owner or occupier of a premises; or
  • a prescribed class of persons.

Where the applicant is not the sole owner and occupier of a premises, the Director of Liquor Licensing must be satisfied that each other person who owns or occupies the premises consents to the declaration being made or has been provided the opportunity to lodge a submission with the Director of Liquor Licensing on the matter.

How to lodge a liquor restricted premises application.

Objections and submissions to advertised applications

The Act provides that where an application is required to be advertised, a right to object to that application is given. The Act also sets out who may object, how that objection may be dealt with, and the general grounds of objection as per sections 73 and 74 of the Act. If a person wishes to become a party to proceedings, they must lodge a formal objection.

Alternatively, any person may make a submission in support of, or in opposition to, an application. A person who makes a submission is not a party to proceedings and will not be afforded the same rights and recognition as an objector.

More information on how to lodge an objection or a submission to an advertised application:

Request for search of licensed premises

A person wanting to search of the department’s database to access documents relating to a licensed premises must complete the request for search of licensed premises form and pay the appropriate fee. Access to some documents may require the licensee’s consent.

The search request form should only be used to request documents that are not publicly available. The Inspection of records and access to documents policy provides guidance on what documents can be accessed from the department and the manner in which access is provided.

Depending on the nature and scope of the request, parties may be directed to the freedom of information process. The Freedom of Information Act 1992 gives people a general right of access to documents held by Ministers, State Government departments, local authorities and statutory authorities.

For more information, please see the department’s freedom of information policy statement.

Parallel decision-making policy

The WA Government is progressing reforms to the Environmental Protection Act 1986, that will allow applicants to apply for other approvals while a determination is being made. 

The Department of Local Government, Sport and Cultural Industries will progress any approvals at the same time as other approvals are being considered, including environmental approvals. For example, a liquor licence application can be submitted in parallel with local government, building or health approvals to reduce delays for applicants.

Page reviewed 19 November 2024
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