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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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

Special facility licences

May 30, 2019, 15:22 PM
Title : Special facility licences
Introduction : What special facility licences are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL1 so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).2

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.3

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

  • granting or varying a licence of another class
  • imposing, varying or cancelling a condition on a licence of another class
  • issuing an extended trading permit in respect of another class of licence.4

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,5 and the licensee is authorised to sell alcohol in accordance with those conditions.6

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.7

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

  • the grant or variation of a different type of licence
  • the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
  • the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.8

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.9

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

  • granting or varying a different type of licence, with or without the issue of an extended trading permit; or
  • imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.10

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

  • the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
  • the imposition, variation or cancellation of a condition on a licence of another class.11

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.12

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.13

The SFL will specify the hours during which the licensee is authorised to sell alcohol.14

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.15 A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.16

A worker is a person working on a specific project or working for a specified business.17

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.18 Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.19

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.20

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.21

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.22 For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.23

These licences may be subject to a number of conditions imposed on the licence by the DLL.24

Conditions on a transport SFL granted to a charter boat may include:

  • specified trading hours25 during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
  • that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
  • where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function26
  • sale of packaged alcohol for consumption off the premises is prohibited
  • an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.27

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.28

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger29 or a specified30 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.31

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).32 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution33 or a higher education institution to students and staff of the institution and their guests.34

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).35

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

  • a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
  • students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.36

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.37

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.38 The licensee must ensure:

  • the alcohol is sold or supplied only during a special event39 and in an area approved by the DLL
  • the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
  • the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
  • the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.40

For the purposes of this SFL category, an approved viticulture course refers to:

  • that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
  • a higher education course relating to viticulture.41

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol 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.42

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.43

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall 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.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol 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.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.44

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.45

A caterer is a person who carries on a food business as defined in the Food Act 200846 and handles or sells food for consumption at functions.47 When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.48 Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

  • not greater than 500 persons — no less than 14 days prior to the event
  • greater than 500 but not greater than 5000 — no less than 60 days prior to the event
  • greater than 5000 persons — no less than 90 days prior to the event.49

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity50
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

  • where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
  • a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.51

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).52

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.53

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger54 or a specified55 class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.56

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.57

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.58 A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).59 If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.60

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.61

All orders must be accepted by the licensee whilst at the licensed premises.62 The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).63 If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises64 or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.65

Orders must not be dispatched to a juvenile,66 so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.67

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).68.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.69

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.70 Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.71 An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.72

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Regs r9A
  2. LC Act s46(1)
  3. LC Act s46(2)(b)
  4. LC Act s46(2)
  5. LC Act s46(3)
  6. LC Act s46(4)
  7. LC Act s37(1)(e)
  8. LC Act s46(1a)
  9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
  10. LC Act s46A(1)
  11. LC Act s46B(1)
  12. LC Act s46B(2)
  13. LC Act s46B(3)
  14. LC Act s98C
  15. LC Regs r9A(1) and LC Act s98C
  16. LC Regs r9A(3)
  17. LC Regs r9A(3)
  18. LC Regs r9A (2)
  19. LC Act s38(2)
  20. LC Act s46 (5)
  21. LC Regs r9A (6)
  22. LC Regs r9A (7A)
  23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
  24. Liquor Control Act 1988 (LC Act) s46 (3)
  25. LC Act s98C
  26. This condition will be subject to approval of the relevant local authority
  27. LC Regs r9A(7)
  28. LC Regs r9A(9)
  29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  31. LC Act s46(5)
  32. LC Act s4(6), LC Regs 5C(a)(i)
  33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
  34. LC Regs r9A(10)
  35. LC Regs r9A(10e)(b)
  36. LC Regs r9A(10a)
  37. LC Regs r9A(10b)
  38.  LC Regs r9A(10c)
  39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
  40. LC Regs r9A(10d)
  41. LC Regs r9A(10e)
  42. LC Regs r9A(11)
  43. LC Regs r9A(12)
  44. LC Act s3
  45. LC Regs r9A(13)
  46. Food Act 2008 s10
  47. LC Regs r9A(14A)
  48. LC Act s33(7)
  49. LC Act s64(1BA) and LC Regs 10B
  50. LC Act s104
  51. LC Regs r9A(14)
  52. LC Regs r9A(17)
  53. LC Regs r9A(15)
  54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
  55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
  56. LC Act s46(5)
  57. LC Regs r9A(22)
  58. LC Regs r9A(23)
  59. LC Act s4(6), LC Regs 5C(a)(ii)
  60. LC Regs r9A(24)
  61. LC Regs r9A(25)(a),(b)(i)
  62. LC Regs r9A(25)(b)(ii)
  63. LC Act s4(6), LC Regs 5C(a)(iii)
  64. LC Regs r9A(25)(c)(i)
  65. LC Regs r9A(25)(c)(ii)
  66. LC Regs r9A(25)(d)
  67. LC Regs r9A(25)(d)
  68. LC Regs r9A(25)(e)
  69. LC Regs r9A(25)(f)
  70. LC Act s113A, LC Regs 18EA(3)
  71. LC Regs r9A(18)
  72. LC Regs r9A(19).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024
Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • application
  • policy
  • special facility
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 29 August 2024
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