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:
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.
The permitted trading hours for a casino licence are determined by the Director of Liquor Licensing in conjunction with the Gaming and Wagering Commission.
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.
A club restricted licence is a club licence that has the following restrictions:
Both a club and club restricted licence are subject to the following conditions:
In respect to the sale and supply of liquor, liquor may only be sold and supplied to:
The trading hours for each club restricted licence is determined individually by the Director of Liquor Licensing.
Effective date: 31 August 2010Last amended: March 2019Next review: March 2021
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.
Pursuant to section 46 of the Liquor Control Act 1988 (“the Act”), the licensing authority is empowered to grant a special facility licence for a number of prescribed purposes.
This document provides guidance as to the legislative requirements relating to special facility ‘foodhall’ licences and the matters that may be taken into consideration when determining an application for such a licence.
The purposes for which a special facility licence may be granted are set out in regulation 9A of the Liquor Control Regulations 1989 (“the Regulations”). One of those prescribed purposes is “Foodhall”.
In this regard, regulation 9A(12) states:
“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.”
While a ‘foodhall’ is not defined in the legislation, it is generally considered to be a common dining area within a facility such as a shopping centre, market etc, consisting of a number of stalls or vendors selling a selection of food.
For the purposes of considering special facility licences for a foodhall, the licensing authority is of the view that a bona fide foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A meal must be of sufficient substance as to be ordinarily accepted as a meal, as defined in the Act. Therefore, stalls where vendors only sell ice-cream, cakes, drinks etc would not be considered as part of the four minimum vendors when determining the application.
While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the liquor is only provided ancillary to a meal to be consumed in the common dining area. Therefore, it is the licensee’s responsibility to establish whether patrons have, or intend to consume, a meal. It is also the licensee’s responsibility to effectively manage the consumption area that relates to the licence (generally the common seated area) in accordance with their responsibilities under the Act.
Applicants for a special facility licence must lodge with the department, certain statutory information prior to an application being considered.
To assist applicants in lodging their application, an application kit containing a lodgement guide, forms, and an information bulletin is available from the department’s website.
Further, customer service staff are available at any time during office hours to assist applicants understand the legislative requirements relating to the lodgement of an application.In addition to information on the internet, contact can be made with the department by telephone on +61 8 6551 4888.
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.
Authorise the sale and supply of liquor, for consumption on and off the licensed premises and must provide accommodation.
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.
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.
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.
In respect to a hotel and hotel restricted licence the licensee is authorised to sell liquor to a lodger at any time.
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)).
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.
An application for a liquor store can include a request to authorise free tastings. Free tastings are permitted for:
The sample amounts that can be offered by licensees when conducting tastings are:
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.
The Perth Metropolitan Region Scheme is defined by the WA Planning Commission.
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.
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.
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.
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.
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.
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 producers must possess commercial grade and scale of production facilities which involve the processing and fermentation of grain and encompasses the entire brewing process.
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.
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.
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.
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.)
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
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).
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.
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)).
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:
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:
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.
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.
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:
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.
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.
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.
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:
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).
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.
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.
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:
A licence granted for this purpose may permit the sale of packaged liquor.
A tourist is defined as a person who is:
A special facility licence may be granted for the purpose of allowing the sale of liquor to passengers and their guests:
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.
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:
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:
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).
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.
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.
The trading hours for each special facility licence are determined individually by the Director of Liquor Licensing.
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.
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.
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.
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.
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.
Section 35 of the Act sets out who can make an application for a liquor licence.