Liquor licensing

Licence types, trading hours, approved managers, restrictions and information for licensees

Review of a licensing decision

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.

The review process

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:

  • the decision involves granting or removing a licence
  • the decision involves imposing, varying or revoking a prohibition order, or
  • the chairperson determines three members are required.

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:

  • affirm, vary or overturn the director's decision
  • make a decision that it feels should have been made in the first instance
  • clarify any questions of law
  • give instructions to the director
  • make any incidental or ancillary orders it finds necessary in relation to the decision.

Responsible service

Harm minimisation

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.

Definition of drunkenness

Under the Liquor Control Act, a person is 'drunk' if:

  • They are on a licensed or regulated premises; and,
  • Their speech, balance, co-ordination or behaviour appears to be noticeably impaired; and
  • It is reasonable in the circumstances to believe that their impairment results from the consumption of liquor.

Under the Act, it is an offence for any person on a licensed or regulated venue to:

  • Sell or supply, or permit the sale or supply of liquor to a drunk person;
  • Allow or permit a drunk person to consume liquor;
  • Obtain or attempt to obtain liquor for a person who is drunk to consume; or
  • Aid a person who is drunk to obtain or consume liquor.

Penalties

Licensed venue
  • Licensee $10,000
  • Approved manager $10,000
  • Employee $4000
  • Any other person $2000
Regulated venue
  • Owner $10,000
  • Any other person $2000

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.

Drink spiking

To raise awareness of drink spiking, posters are available for anyone serving alcohol to display at their premises.

Free drinking water

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:

  • from a water jug at bar service areas
  • by way of water coolers/fountains located at bar areas and throughout the venue
  • by some other form of water dispenser.

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:

  • Licensee $10,000
  • Approved manager $4000

Contact us

Telephone 61 8 6551 4888
Freecall 1800 634 541 (WA country callers only)
Email rgl@lgirs.wa.gov.au

Page reviewed 15 July 2025
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