Licence types, trading hours, approved managers, restrictions and information for licensees
There are different types of liquor licences available in Western Australia, each with its own conditions.
Most applications have to be advertised in order to inform the community. Objections to applications must be made to the department.
Ensuring all licences are granted on the basis that they are in the best interests of the public and are consistent with the Liquor Control Act.
A public interest assessment outlines how a proposed premises will impact on a community and outline of how the applicant will manage any impact.
Where licensees wish to extend their predetermined trading hours/area or manner of trade as afforded in the Act.
Forms and checklists for liquor licensees.
Requirements when applying for a liquor licence as per the Liquor Control Act 1988 (the Act) including who can apply for the grant of a licence.
Information for licensees about the promotion of liquor.
The pub game Chase the Ace is what is known as a trade promotion lottery, and is generally held in hotels and taverns.
A juvenile is someone who is under the age of 18 years and is not permitted by law to purchase liquor either on premises or off premises.
Generally, if an applicant is dissatisfied with the decision handed down by the Director of Liquor Licensing, they have the right to apply for a review to be carried out by the Liquor Commission.
The review application needs to be submitted to the commission within 28 days of receiving the director's decision. The commission may grant an extended period for applications to be submitted.
Decisions relating to the conduct of business under an extended trading permit or occasional licence can't be reviewed by the commission. This includes the cancellation, variation or suspension of either type of licence.
When conducting a review, the Liquor Commission can only consider the same application and evidence that was originally submitted to the Director of Liquor Licensing.
The commission must consist of three members if:
An application for a review of a decision to cancel a licence can only be made on a question of law, that is, on the perceived basis that the director has misinterpreted the Liquor Control Act in making the original decision.
When conducting a review based on a question of law, the commission must include one member who is a legal practitioner.
The commission may:
The Liquor Control Act 1988 plays a significant role in contributing to the minimisation of the harm caused to people through the consumption of alcohol.
One of the key objectives of the Act is 'To minimise harm or ill-health caused to people, or any group of people, due to the use of liquor'.
To support the overarching objectives set out in the Act, the Director of Liquor Licensing has constructed policy to assist licensees apply harm-minimisation principles in their venues.
When an application is made for a liquor licence, the applicant must indicate:
Applicants will be required to show that they have developed the following three documents for their venue:
A House Management Policy is a generic statement of intent on the way the licensee wishes to operate the premises.
Outlines the licensees' commitment to:
The Management Plan details how the House Management Policy and the Code of Conduct will be implemented, and should confirm that the licensee and approved manager have successfully completed their training requirements.
Details should also be provided outlining:
The House Management Policy and the Code of Conduct and the Management Plan need to be available for inspection on the licensed premises.
Under the Liquor Control Act, a person is 'drunk' if:
Under the Act, it is an offence for any person on a licensed or regulated venue to:
The definition removes the defence that allows offenders to create a reasonable doubt, by suggesting that the impairment of their speech, balance, co-ordination or behaviour may have been caused by other factors such as drugs, fatigue, or mental abnormality.
Where liquor is sold and supplied for consumption on the premises, all licensees are required to provide potable drinking water for patrons to consume on the premises free of charge during trading hours.
In order to comply with the minimum requirement, venues are able to choose to provide water:
Water must be clean and refreshed regularly. Warm or hot water will not be considered compliant with this condition nor will the use of hand basins taps in toilet facilities be considered as compliant with this condition.
Failure to provide free drinking water at a Licensed venue: