Licence types and trading hours

Information on the types of licences and their trading hours.

This information is provided as a guide for users to determine to understand what licence types are available and which might be most relevant for a specific business plan.

The  Liquor Control Act 1988 provides for 11 different types of liquor licence in Western Australia. Each licence category varies in permitted trading hours and the manner in which liquor can be sold and supplied to the community.  Licences can also contain further conditions than those detailed below.

Licence types:

Casino liquor licence

A casino liquor licence authorises the sale of liquor for consumption at a casino or any other venue enclosed in the casino complex.

The permitted licensed area must be approved by the Gaming and Wagering Commission of Western Australia.

The conditions of a casino liquor licence may mean particular areas of the complex trade similar to other licence types such as a nightclub or hotel.

In Western Australia, Crown Casino is currently the only licensed premises operating under a casino liquor licence.

Trading hours

The permitted trading hours for a casino licence are determined by the Director of Liquor Licensing in conjunction with the Gaming and Wagering Commission.

Club and club restricted

Club

A club consists of a body or group of persons who join together to further some sporting, social, political, literary or other legitimate aim.

A club licence under section 48 of the Act, authorises the sale and supply of liquor to members of the club. In essence, the supply of liquor is secondary to the primary objects of the club.

There are two types of club licences under section 48 of the Act. Each licence authorises the sale and supply of liquor to members of the club, their bona fide invited guests and visitors.

Club restricted

A club restricted licence is a club licence that has the following restrictions:

  • It may not sell packaged liquor; and
  • The trading hours are specified in the conditions of the licence.

Conditions

Both a club and club restricted licence are subject to the following conditions:

  • An up to date register of members must be available for inspection at the club premises.
  • The club must ensure that its rules are not contravened.

In respect to the sale and supply of liquor, liquor may only be sold and supplied to:

  • A member of the licensee club and to the guests of that member in the company of that member, for consumption of the licensed premises. A member cannot be accompanied by more than five guests (or other number imposed on the licence) at any one time.
  • A member holding a private function at the club with an unlimited number of guests, if the sale of liquor is at the expense of the member (i.e. guests cannot purchase their own drinks). This is only authorised if the club constitution provides for it.
  • A member and the guests of that member (without limitation to number) can be served liquor ancillary to a meal supplied by the licensee club (in accordance with the constitution).
  • A visitor.  A visitor is a person, other than a member, who is at least 40km from their usual place of residence, is visiting the club whilst travelling in the course of a holiday, leisure or business and is required to pay a fee to the club.  This is only authorised if the club constitution provides for it.

Trading hours

The trading hours for each club restricted licence is determined individually by the Director of Liquor Licensing.

Trading hours for club licence
DayOpenCloseGeneral conditions
Monday to Friday6:00am
12 midnight**to 12:30am if sold ancillary to a meal supplied by the licensee
Saturday6:00am1:00am on Sunday 
Sunday10:00am10:00pm 
New Year's Eve (Monday to Saturday)6:00am2:00am 
New Year's Eve (Sunday)Until 1 am New Years Eve morning then from 10:00am
2:00am New Year's Day 
Good Friday No permitted trading hours after 12:30am Good Friday morningAncillary to a meal only
Christmas DayUntil 12:30am Christmas morning then from 12 noon
10:00pmAncillary to a meal only
ANZAC Day (Monday to Saturday)12 noon12 midnight 
ANZAC Day (Sunday)Until 1:00am ANZAC Day morning then from 12 noon
10:00pm 

Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Hotel, hotel restricted, tavern and tavern restricted

The Act provides for the grant of a hotel licence, hotel restricted licence, tavern licence and a tavern restricted licence. However, they are all referred to as a hotel licence and vary in the manner of trade and trading restrictions in accordance with section 41 of the Act. These are outlined below.

Hotel

Authorise the sale and supply of liquor, for consumption on and off the licensed premises and must provide accommodation.

Hotel restricted

Authorises the sale and supply of liquor for consumption on the premises only (i.e. no packaged liquor sales except to a lodger and only in such quantities that might be reasonably consumed by that lodger on that day). It is also subject to the conditions that it provides accommodation.

Tavern

Authorises the sale and supply of liquor for consumption on and off the licensed premises. A holder of a tavern licence does not need to provide accommodation.

Tavern restricted

Authorises the sale and supply of liquor for consumption on the licensed premises only (i.e. no packaged liquor sales). A holder of a tavern restricted licence does not need to provide accommodation.

Trading hours

Trading hours for hotel, hotel restricted, tavern and tavern restricted licences
DayOpenCloseGeneral conditions
Monday to Saturday6:00am12 midnight 
Sunday10:00am12 midnight 
New Year's Eve (Monday to Saturday)6:00am2:00am New Year's Day
 
New Year's Eve (Sunday)10:00am 2:00am New Year's Day 
Good Friday12:00 noon10:00pmAncillary to a meal only
Christmas Day12:00 noon10:00pmAncillary to a meal only
ANZAC Day
12:00 noon12 midnight 

In respect to a hotel and hotel restricted licence the licensee is authorised to sell liquor to a lodger at any time.

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (s 110(6A)).

Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
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Categories :
  • Liquor
Related local governments

Liquor store

A liquor store licence under section 47 of the Act authorises the sale and supply of liquor for consumption off the licensed premises. This includes situations where the liquor is being sold online to the general public.

Provision of tastings

An application for a liquor store can include a request to authorise free tastings. Free tastings are permitted for:

  • Consumption on a part of the licensed premises as approved by the licensing authority.
  • For consumption off the premises.

The sample amounts that can be offered by licensees when conducting tastings are:

  • Wine 50ml
  • Beer 100ml
  • Spirits 15ml

Tastings on other licensed premises (wine and food shows)

Section 59A of the Act authorises a liquor store licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

Trading hours

The permitted trading hours for liquor stores located in the Perth metropolitan region
DayOpenClose
Monday to Saturday8:00am10:00pm
Sunday10:00am10:00pm
Good Friday
No permitted trading hours 
Christmas DayNo permitted trading hours 
ANZAC Day12 noon10:00pm
The permitted trading hours for liquor stores not located in the Perth metropolitan region
DayOpenClose
Monday to Saturday8:00am10:00pm
SundayNo permitted trading hours 
Good FridayNo permitted trading hours 
Christmas DayNo permitted trading hours 
ANZAC Day12 noon10:00pm

Metropolitan region

The Perth Metropolitan Region Scheme is defined by the WA Planning Commission.

Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Nightclub

A nightclub licence under section 42 of the Act authorises the sale and supply of liquor for consumption on the licensed premises. A nightclub licence is subject to the condition that liquor may only be sold ancillary to continuous live entertainment provided by one of more artists present in person performing there, or by way of recorded music presented by a DJ.

Trading hours

The permitted trading hours for a nightclub
DayOpenClose
Monday to Saturday6:00pm5:00am on the next day
Sunday8:00pm2:00am on the next day
New Year's Eve (on a Sunday)8:00pm5:00am on the next day
Good FridayNo permitted trading hours after 3:00am 
Christmas Day (other than a Monday)No permitted trading hours after 3:00am 
Christmas Day (Monday)No permitted trading hours after 2:00am 
ANZAC Day Nightclubs must close at 3:00am on ANZAC Day, then reopen in accordance with normal trading hours


Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Occasional

An occasional licence under section 59 of the Act is granted for an event that can not be covered under another type of licence. An occasional licence allows an individual, a group of people, a company or an incorporated association the ability to supply and sell liquor to people attending an event.

Trading hours

There are no specific trading hours set out under the Act for occasional licences. However, when assessing an application the start and finish times, as well as the duration of the period in which liquor will be consumed are considered to ensure harm minimisation principles are adhered to.

Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
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Categories :
  • Liquor
Related local governments

Producer

A producer’s licence under section 55 of the Act primarily authorises the licensee to sell liquor that has actually been produced by, or under the control or direction of, that person. However, the licensee is also authorised to sell or supply liquor, other than liquor produced by the licensee if the liquor is consumed ancillary to a meal in a dining area on the licensed premises or for the purpose of tastings.

Requirements to be met

Wine is deemed to be produced by the licensee if it was fermented from produce grown on the property of the licensed premises or the fermentation process occurred at the licensed premises.  Spirits distilled from wine must either be distilled on the licensed premises or distilled under the control or direction of the licensee.

Beer and other spirits must be brewed/distilled on the licensed premises to be deemed liquor produced by the licensee.

A wholesaler must maintain a record of all transactions entered into by or on behalf of the licensee involving the sale or purchase of liquor. A return of all liquor transactions made during the previous financial year is due by 31 July each year.

Consumption on the premises

Generally, a producer’s licence is authorised to sell and supply take-away liquor for consumption off the licensed premises.

A producer's licence can also include an area on the licensed premises for the conduct of tastings or consumption subject to appropriate facilities such as toilets being available and local health and planning approvals having been issued.

Liquor not produced by the licensee can only be sold if it is ancillary to a meal or for the purposes of tastings.

What is considered to be a 'genuine producer' under the Act

Wine

The licensing authority must be satisfied that there is a sufficient yield from the vineyard/orchard or apiary to enable the applicant to be regarded as a genuine producer of liquor (tonnage sufficient to produce 5000 bottles of liquor).

Beer

Beer producers must possess commercial grade and scale of production facilities which involve the processing and fermentation of grain and encompasses the entire brewing process.

Spirits

Spirit producers must possess commercial grade and scale of production facilities in order to distil base products to produce spirits.

Telephone and internet sales

A licensee of a producer’s licence is also authorised to sell liquor produced by the licensee from any place if the sale of liquor is made by way of a telephone or the internet and the liquor sold in that manner is delivered to the purchaser, or to premises specified by the purchaser, from the licensed premises or an approved off-site storage location.

Conditions relating to blending and cleanskins

The holder of a producer’s licence cannot lawfully purchase wine that has been produced by another person and then label or re-label that wine for subsequent sale, as the wine would not constitute liquor that has been genuinely produced by that person.

Where a licensed producer authorised to sell wine, purchases wine for the purposes of blending, at least 50% of the blended wine must come from wine produced by the licensee, so that the final product is unique to that person’s own produce.

Similarly, if the holder of a producer’s licence buys wine already bottled (for example cleanskins) and then allows it to mature in the bottle, this is not considered to be production of wine, and the person cannot sell that wine under a producer’s licence.

Tastings on other licensed premises

Section 59A of the Act authorises a producer’s licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

The sample amounts that can be offered by licensees when conducting tastings are:

  • Wine 50 ml
  • Beer 100 ml
  • Spirits 15 ml

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (s 110(6A)).

Trading hours

Generally, a licensee is authorised by a producer’s licence to trade at any time. However, with respect to ANZAC Day, Christmas Day, Good Friday and beer sold for consumption on the licensed premises the following trading hours apply:

  • On ANZAC Day, trading can occur between 12 noon and 12 midnight.

  • On Christmas Day and Good Friday, trading can occur between 12 noon and 10 pm ancillary to a meal supplied by the licensee (where consumption other than tastings has been authorised).

  • The sale of beer and spirits for consumption on the licensed premises, where authorised, between 10 am and 10 pm (Christmas Day, ANZAC Day and Good Friday hours above also apply.)


Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Restaurant

A restaurant licence under section 50 of the Act, authorises the sale and supply of liquor to persons on the licensed premises for consumption with a meal supplied by the licensee.

In essence, the business should be focused on the regular supply of genuine meals. The supply of liquor should be secondary to this.

The premises must have a kitchen for preparing food. It must also have sufficient toilet facilities for patrons and staff. In addition, the dining area must always be set up with tables and chairs for dining.

The licensing authority may impose certain conditions on the grant of a restaurant licence to ensure the nature of the business conducted under the licence conforms with representations made to the licensing authority when applying for the grant of the licence or other proceedings under the Act.

Licensees need to be careful when advertising the business to ensure that liquor is not used as an attraction to the premises.

Trading hours

Trading hours for restaurant licences
DayHoursGeneral conditions
Monday to SundayAt any timeAncillary to a meal only
New Year's Eve At any timeAncillary to a meal only
Good FridayAt any timeAncillary to a meal only
Christmas DayAt any timeAncillary to a meal only
ANZAC DayUntil 3:00am ANZAC Day morning then any time after 12 noon ANZAC Day
Ancillary to a meal only

Unconsumed wine

A person may bring their own liquor onto licensed premises (with the consent of the licensee), to consume it with a meal provided by the licensee. A person may also remove any unconsumed portion of that liquor from the licensed premises when they leave, regardless of whether they purchased the liquor on the premises or brought the liquor with them (s 110).

Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Small bar

A small bar licence authorises the sale and supply of liquor for consumption on the licensed premises only (such as no packaged liquor sales). It is also subject to the condition that no more than 120 persons may be present on the licensed premises at any one time.

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (section 110(6A)).

Trading hours

Permitted trading hours for small bars
OpenCloseGeneral conditions
Monday to Saturday6:00am12 midnight 
Sunday10:00am12 midnight 
New Year's Eve (Monday to Saturday)6:00am2:00am New Year's Day 
New Year's Eve (Sunday)10:00am 2:00am New Year's Day 
Good Friday12 noon10:00pmAncillary to a meal only
Christmas Day12 noon10:00pmAncillary to a meal only
ANZAC Day12 noon12 midnight 

Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Special facility

A special facility licence under section 46 of the Act authorises the holder of the licence to sell liquor in accordance with the conditions imposed on the licence based on the tenor of the business.

The Act provides that the licensing authority shall not grant a special facility licence except for a prescribed purpose. The Act further provides that a special facility licence should not be granted or varied if granting or varying a licence of another class, or imposing, varying or cancelling a condition on a licence of another class, or issuing an extended trading permit in respect of another class of licence, would achieve the purposes for which the special facility licence is sought.

The licensing authority may substitute an alternative type of licence where an applicant seeks the grant of a special facility licence, but in the view of the licensing authority a licence of another class would be adequate for the purpose. Furthermore, an existing special facility licence cannot be varied to such an extent that a licence of another class, with or without permits, would achieve the purpose.

The 15 different special facility sub-classifications are:

Amusement venue

A special facility licence may be granted for the purpose of allowing the sale of liquor at an amusement venue to persons in the venue.

An amusement venue is defined as a premises which is primarily being used for:

  • the playing and viewing of snooker, bowling, electronic games or any similar type of amusement; or
  • to participate in or view karaoke.

Auction

A special facility licence may be granted for the purpose of allowing the sale by auction of packaged liquor at premises specified in the licence.

A licence granted for this purpose may permit the supply of samples of the packaged liquor that is for auction, for tasting.

Bed and breakfast facility

A special facility licence may be granted for the purpose of allowing the sale of liquor at a bed and breakfast facility (being an accommodation facility that offers bed and breakfast) to persons staying at the facility.

Catering

A special facility licence may be granted for the purpose of allowing at a function the sale, by a caterer, of liquor supplied at premises at which the caterer has agreed with the person organising the function to provide liquor (whether with or without food), for consumption by persons at that premises.

A ‘caterer’ is defined as a person who:

  • is in the business of providing food for consumption at functions; and
  • carries on a food business as defined in section 10 of the Food Act 2008.

Foodhall

A special facility licence may be granted for the purpose of allowing the sale of liquor at a foodhall to customers of the foodhall for consumption ancillary to a meal.

Online wine sales

A special facility licence may be granted for the purpose of allowing the online sale of packaged wine for consumption away from the licensed premises (the licensed premises may be a home office). The licence only allows the licensee to sell wine produced by holders of a Western Australian producer's licence.

Reception or function centre

A special facility licence may be granted for the purpose of allowing the sale of liquor at a reception or function centre (being premises primarily used as a venue for functions and receptions) to persons attending a reception or function at the centre.

Room service restaurant

A special facility licence may be granted for the purpose of allowing the sale of liquor to customers at the room service restaurant whether or not ancillary to meals eaten at the restaurant if:

  1. The liquor is consumed at the restaurant:
    1. During the hours that are permitted hours under a hotel licence; and
    2. By customers while sitting at a table, or at a fixed structure used as a table; and
  2. The sale and consumption of the liquor are in accordance with any conditions imposed on the special facility licence by the licensing authority.

A room service restaurant is defined as a restaurant that provides room service to persons residing or staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).

Sports arena

A special facility licence may be granted for the purpose of allowing the sale of liquor at a sports arena (being premises primarily used for playing and viewing sport) to persons playing or viewing sports, or attending any other event, at the arena.

Theatre or cinema

A special facility licence may be granted for the purpose of allowing the sale of liquor at a theatre or cinema to persons attending a performance or film at the theatre or cinema.

Tourism

A special facility licence may be granted for the purpose of allowing the sale of liquor to persons likely to be attracted to, or present at, a place that, in the opinion of the licensing authority, is or will become:

  • an attraction for tourists; or
  • a facility that enhances the State’s tourist industry.

A licence granted for this purpose may permit the sale of packaged liquor.

A tourist is defined as a person who is:

  • staying at a place that is at least 40 kilometres from his or her usual place of residence for a period of at least one night
  • intending to stay away from his or her usual place of residence for a period of less than 12 months
  • not in the course of travelling on a regular journey between his or her usual place of residence and his or her place of work or education
  • travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason.

Transport

A special facility licence may be granted for the purpose of allowing the sale of liquor to passengers and their guests:

  • at an airport, railway station, bus station or seaport; or
  • on a train, bus, ship or vehicle.

A special facility licence of this nature may also be granted for the purpose of allowing the sale of liquor at another place of the licensee provided that the sale and supply is in connection with a booking for travel on a train, bus, ship or vehicle.

Vocational and education training course

A special facility licence may be granted for the purpose of allowing the sale or supply of liquor by vocational and education training institution or a higher education institution to provide:

  1. For the tasting of liquor by students/trainees as part of the course curriculum and the sale and supply of liquor by students/trainees for the purposes of a course of instruction or training conducted by the institution in which the students are enrolled.
  2. For the sale of liquor that is produced as part of an approved viticulture course, provided the liquor is only sold or supplied during a special event; and in an area approved by the Director. The liquor must be sold or supplied by persons aged 16 years or older; and the amount of liquor being sold or supplied is limited:
    1. In the case of liquor supplied for consumption on the grounds of the institution, to the supply of free 30 ml samples for tasting purposes; or
    2. In the case of packaged liquor, to the provision of not more than 9 litres per person and per transaction.
    3. In the case of liquor supplied to a liquor merchant, points (i) and (ii) apply however prior approval must be sought from the licensing authority.

Tasting of liquor will only be authorised in circumstances where the students/trainees are 16 years or older, the student/trainee is supervised at all times and the activity they are undertaking is being assessed for the purposes of an accredited hospitality qualification in which they are enrolled.

An approved viticulture course is defined as a course that delivers Units of Competency from the Food Processing Industry Training package (Wine Sector) leading to a qualification recognised under the:

  • Australian Qualifications Framework; and
  • a higher education course relating to viticulture.

A special event is defined as a graduation  ceremony, speech night or annual open day that relates to vocational education and training institution or higher education institution, or any other related event approved in writing by the Director.

A vocational education and training institution includes a secondary school if the relevant course of instruction or training conducted by the school is vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).

Vocational education and training institutions

A special facility licence may be granted for the purpose of allowing the sale of liquor at a vocational education and training institution or a higher education institution to students and staff of the institution and their guests.

Works canteen

A special facility licence may be granted for the purpose of allowing the sale of liquor at a works canteen, or at other premises specified in the licence, to workers and their guests.  A licence granted for this purpose may permit the sale of packaged liquor.

The Liquor Control Regulations 1989 (the regulations) defines ‘workers’ as persons working on a project or for a business in relation to which a works canteen is provided.

A ‘works canteen’ is defined as a canteen, located at or near the place where a project is being undertaken or a business carried on, catering for the needs of persons working on the project or for the business.

Trading hours

The trading hours for each special facility licence are determined individually by the Director of Liquor Licensing.

Sale of packaged liquor

In addition to the sale of liquor for consumption on the licensed premises the special facility licence types that permit the sale of packaged liquor are works canteen, tourism, room service restaurant, vocational education and training course or auction.

Exemption from section 37(5) of the Act

Unlike other licences it is possible to have the the requirements of section 37(5) of the Act, pertaining to the applicant demonstrating that it will solely occupy, and retain the right to occupy, the licensed premises to the exclusion of others waived, for works canteen, transport, sports arena, foodhall, education and training institution, approved viticulture course, catering, bed and breakfast facility, room service restaurant, tourism or auction.

Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Wholesaler

A wholesaler’s licence under section 58 of the Act authorises the licensee to sell liquor for consumption off the licensed premises in any amount to liquor merchants.

A licensee of a wholesaler’s licence may sell liquor for consumption off the licensed premises to members of the general public as well, but it must be supplied in aggregate quantities of not less than 4 litres at a time and the wholesaler needs to maintain at least 90% of the gross turnover from sales of liquor to liquor merchants or persons otherwise authorised to sell liquor.

Requirements

A wholesaler must maintain a record of all transactions entered into by or on behalf of the licensee involving the sale or purchase of liquor. A return of all liquor transactions made during the previous financial year is due by 31 July each year.

Provision of tastings

Generally, a wholesaler’s licence is authorised to sell and supply liquor for consumption off the licensed premises. The licensee can also seek to include an area on the licensed premises for the conduct of free tastings subject to appropriate facilities such as toilets and local health and planning approvals.

Section 59A of the Act authorises a wholesaler’s licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

Storage and distribution of liquor

Licensees who wish to licence premises that are located in a residential area may be restricted from receiving customers onto their premises, and also from storing liquor on those premises. Approval may be given by the licensing authority to a licensee to store liquor at or supply and deliver liquor from, a premise other than the licensed premises.

Trading hours

The permitted trading hours for a wholesaler to a liquor merchant
DayOpen
Monday to SundayAny time
Good FridayNo permitted trading hours
Christmas DayNo permitted trading hours
ANZAC DayAny time after 12 noon
The permitted trading hours for a wholesaler to persons other than liquor merchants
DayOpen
Monday to Saturday8:00am to 10:00pm
Sunday (metropolitan area only)10:00am to 10:00pm
Good FridayNo permitted trading hours
Christmas DayNo permitted trading hours
ANZAC DayAny time after 12 noon


Related policies

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).
Select a publication type : Policy

Effective date: 18 July 2011
Last amended: 2 July 2019
Next review: July 2021

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 6(1)(o) of the Liquor Control Act 1988 (the Act) states that the Act does not apply:

“where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act”.

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989 (the regulations).

Legislative basis

The definition of ‘sell’ under section 3 of the Act includes:

  1. Agree or attempt to sell;
  2. Offer or expose for the purpose of selling;
  3. Send, forward or deliver for sale or on sale;
  4. Barter or exchange;
  5. Dispose, by lot or chance or by auction;
  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.

Regulations 8, 8B, 8C, 8D and 8E of the regulations prescribe the situations whereby the sale of liquor (as per the above definition) is exempt from the Act. Regulations 8A and 8F prescribe the situations where the consumption of liquor (brought to the premises by the customer) is exempt from the Act. Regulation 8G of the regulations prescribe exemption of sale, supply or consumption of liquor in relation to liquor competitions.

Sales/consumption exempt from the Act

The Act regulates the sale, supply and consumption of liquor. However, there are a number of situations where the sale, supply and consumption of liquor is specifically exempted from the application of the Act. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance. These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the regulations, are met. The prescribed exemptions and the conditions of each are summarised below:

Live entertainment venues

This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined in regulation 8A for the purposes of this exemption only. Live entertainment is musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include:

  • sporting contests;
  • recorded music;
  • DJs; and
  • live broadcasts or transmissions.

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.

All of the following conditions must be met, in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:

  • No more than 200 patrons are permitted on the premises at any one time;
  • Juveniles must be accompanied by a responsible adult at all times (unless the juvenile is employed at the premises or providing entertainment);
  • A drunk person is not allowed to consume liquor on the premises;
  • X18+, R18+ or RC classified films are not permitted to be shown on the premises;
  • RC, Category 1 or Category 2 restricted publications are not permitted to be shown on the premises;
  • RC classified computer games are not permitted to be shown on the premises;
  • No person on the premises can be indecently dressed or take part in indecent activities;
  • Free drinking water must be provided to patrons at all times;
  • The person in charge of the premises must notify the Director of Liquor Licensing, in writing, of their intention to allow the consumption of BYO liquor in their venue, at least 14 days prior to this occurring (a notification template Notice of Intention to Allow Consumption of Liquor at a Live Entertainment Venue, which can be used for this purpose, is available from the department's website);
  • The person/s in charge of operating the premises, employees, agents and contractors providing services can not:
    • be the subject of a prohibition order; or
    • have previously been found ‘not fit and proper’ (by the Licensing Authority) to have an interest in any licence or permit under any section of the Act.

Where liquor consumption takes place at alive entertainment venue, the premises is deemed to be a ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises “to be kept or used as a place of resort for the consumption of liquor”. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).

Small functions

The ‘small functions’ exemption:

  • is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);
  • does not apply to premises where a permanent liquor licence is already in effect; and
  • does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor (in these instances, it would be necessary to obtain a permanent liquor licence).

The sale or supply of liquor at a function (where the serving of liquor is ancillary to the purpose of the function) is exempt from the Act, provided:

  • the total number of attendees over the entire course of the function does not exceed 100 and the service of liquor lasts a maximum of 2 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day; or
  • the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of 4 hours (continuous), commencing no earlier than 6 am and finishing no later than 10 pm on the same day.

An “attendee” does not include a person who is:

  • managing or supervising the function;
  • providing services at the function (such as serving food or liquor; security etc);
  • providing entertainment at the function or assisting a person who is providing entertainment.

Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.

For the purposes of this exemption, a function is defined under section 3(1) of the Act as: “a gathering, occasion 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 to those present.”

Where liquor is sold or supplied at a small function, the premises on which the function takes place is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Complimentary supply by business

Relevant only to the gratuitous supply of liquor when it is provided ancillary to the purpose of a customer’s attendance at a business.

This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied can not be more than two standard drinks for consumption on the premises or one litre of packaged liquor for consumption away from the premises.

For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.

A standard drink is defined as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009 provide further guidance on the Australian standard drink size.

Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances, it would be necessary to obtain a permanent liquor licence.

Tourism operators

The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act under the following conditions:

  • the business must be accredited under the Australian Tourism Accreditation Program;
  • the supply of liquor must be ancillary to the purpose of the business;
  • the supply of liquor must not take place on a premises that is licensed under the Act;
  • the supply and consumption of liquor must not take place on a public road;
  • liquor can only be supplied or consumed with the permission of the person or authority in charge of the land or premises where this takes place;
  • liquor must not be supplied to a juvenile or a drunk person;
  • the supply and consumption of liquor must not take place in an area that has been declared as a liquor restricted area under section 175(1a) of the Act1; and
  • the person who supplies the liquor to the customer has successfully completed the ‘Provide Responsible Service of Alcohol’ course2.

For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.

The ‘Provide Responsible Service of Alcohol’ course (SITHFAB002) is a nationally accredited course of training in responsible practices in the sale, supply and service of liquor which covers topics such as refusal of service, juveniles, identifying intoxication and refusal of service. Whilst parts of the course will not be relevant (as staff are not selling liquor), it is important that staff are aware of responsible practices so that liquor is not supplied to a juvenile or a drunk person in contravention of the exemption conditions.

Bed and breakfast guests

The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of 8 guests at any one time) is exempt from the Act provided that all of these conditions are met:

  • the supply of liquor is to an adult staying at the facility;
  • the supply of liquor takes places at the facility;
  • the supply of liquor is gratuitous;
  • the supply of liquor does not exceed 1.5 litres in total for the entire time the guest stays at the facility; and
  • the liquor was purchased from the holder of a licensee who can sell packaged liquor (with the exception of wholesalers and club licences).

The operator of a bed and breakfast facility may instead elect to rely on the tourism operator exemption, if they meet the requirements of that exemption category (see above).

Farmers’ markets

Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.

“Sample sizes” are prescribed in regulation 5A and can not be greater than 100ml for beer, 50ml for wine and 15ml for spirits.

“Farmers’ markets” are those markets where primary producers display and sell their products directly to the public. “Primary producers” include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture or other similar farming activities.

The stall and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Organisers of functions on licensed premises

Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and:

  1. the licensee provides the venue, food and liquor for the function, at a set price; and
  2. the organiser arranges for the function to be advertised to the public and for the sale of tickets to the function,

then, the sale or supply of liquor by the function organiser is exempt from the Act, provided that:

  • the profit sharing arrangement is approved by the Licensing Authority under section 104 of the Act; and
  • the price of a ticket for admission to the function includes food, liquor and entertainment at the function; and
  • all advertising for the function must refer to the licence details under which the function is occurring; and
  • the function is held on an appropriately licensed premises where the liquor licence permits the sale and supply of liquor to the general public for consumption on the premises. Licence categories such as liquor stores, wholesalers and clubs, do not allow for the general public to consume liquor on the premises and therefore will not be able to utilise this exemption.

Charter vehicles

The consumption of liquor supplied by the passengers in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:

  • an on-demand charter vehicle authorisation* is in force for the vehicle; and
  • the vehicle is capable of carrying 14 passengers or less (excluding the driver); and
  • the vehicle is hired in advance of the trip; and
  • the vehicle is hired for at least one continuous hour; and
  • the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and
  • any juvenile in the vehicle is accompanied by a ‘responsible adult’; and
  • the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not)

*On-demand charter vehicle authorisation is defined in the regulations as "a passenger transport vehicle authorisation that authorises the operation of the vehicle for use in providing an on-demand charter passenger transport service under the Transport (Road Passenger Services) Act 2018.

A ‘responsible adult’ is defined in section 125(2)(b) as:

“...an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”.

Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.

Warehouse

Where a premises is licensed as a warehouse (under the Customs Act 1901)and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.

Transport services

The sale and supply of liquor is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth;
  • on an aircraft during the course of a flight;
  • on a commercial vessel in the course of an inter-State or overseas voyage;
  • to the master of a ship as ship’s stores, for consumption on that ship once it has passed outside of WA territorial seas; and
  • on an intra-State cruise:
    • during the course of a scheduled deep water3 cruise; and
    • where the vessel has a minimum capacity of 100 passenger berths; and
    • that continues at least over one night; and
    • where liquor is sold to a fare-paying passenger or crew member who is over 18 years of age and is not drunk.

Delivery of gifts

The sale or supply of liquor together with flowers, food or other products to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:

  • the gift must be delivered between 7am and 7pm; and
  • the person to whom the gift is delivered must be at least 18 years of age; and
  • the quantity of the liquor sold or supplied cannot be more than two litres; and
  • the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts; and
  • the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift; and
  • the vendor or supplier must have purchased the liquor from the holder of a hotel or liquor store licence; and
  • the value of the liquor and its container can not be more than half of the purchase price of the gift.

The value of the liquor and its container is based on the cost of buying that liquor from a liquor store/hotel licence.

Lottery prize

The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.

Food essence

The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding:

  • 100 millilitres in the case of vanilla essence; or
  • 50 millilitres in any other case.

The sale must be authorised in writing by the Director of Liquor Licensing, in order for the exemption to apply.

Health care services and retirement villages

The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a:

  • hospital; or
  • private psychiatric hostel.

The sale or supply of liquor is exempt from the Act where it is to a patient or resident and their guests at a:

  • nursing home;
  • residential care facility; or
  • retirement village.

The sale or supply is authorised by the person who conducts, manages, owns or operates the premises or is the approved provider of residential care. In respect of retirement villages, a resident who is a member of the residents’ committee, subcommittee, incorporated association or other body of residents is also authorised to sell/supply liquor.

Liquor Competitions

 The sale or supply of liquor and the consumption of liquor in a liquor competition is exempt for a:

  • judge;
  • liquor producer; or a
  • steward

 as long as the liquor is sold or supplied by way of sample and the sale or supply and consumption of the liquor is incidental to the competition.

Offence provisions

Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.

Section 3A of the Act states that a person is ‘drunk’ for the purposes of the Act if:

  1. the person is on licensed or regulated premises; and
  2. the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and
  3. it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Business owners, managers and function organisers are advised to implement strategies to ensure that liquor is not consumed by juveniles or drunk persons on their premises.

The nationally accredited training unit on providing responsible service of alcohol covers topics such as duty of care, harm minimisation, refusal of service, affects of alcohol, juveniles, identifying intoxication and conflict resolution. Whilst this is not compulsory, training may assist with ensuring that liquor is not supplied to or consumed by juveniles and drunk persons, in breach of the Act. Further details regarding the course can be found in the Director’s Policy titled Mandatory Training.

Footnotes

  1. A map showing the relevant restricted areas is available on the department’s website.
  2. This requirement comes into effect on 11 October 2017.
  3. Deep water is characterised by water of considerable depth, especially able to accommodate oceangoing vessels.
Tags :
  • exemption
  • liquor
  • Occasional
  • policy
  • variation
Categories :
  • Liquor
Related local governments

Who can apply for a licence

Section 35 of the Act sets out who can make an application for a liquor licence.

Page reviewed 10 November 2022