Changes to liquor policies explained

Making it easier to do business in WA

Frequently asked questions

What has changed?

The Director Liquor Licensing (DLL) has reviewed the former suite of 54 liquor licensing policies to reduce duplicated or outdated requirements.

A new, consolidated suite of 14 policies has been introduced that make it easier to do business in Western Australia, helping to promote a vibrant local hospitality and tourism industry.

The core requirements of most policies have remained the same, in line with the Liquor Control Act 1988.

The policies are in effect from 29 August 2024.

Key changes:

Under 18s can now clear used glasses along with dirty plates as part of the approval for juveniles to be on a licensed premises policy.
Applicants can use planning documents such as a development approval or occupancy certificate to support their application.
The entertainment condition policy has been updated to set out which licences the entertainment condition is imposed on.
Applicable conditions under the extended trading permits (ETPs) policy are less onerous. For example, it is now possible to apply for extra trading hours when a WA-based band is playing rather than only interstate acts; and for extended trading hours to be granted on a Sunday before a gazetted Monday public holiday.
The fire safety standards for licensed premises policy remain substantially the same, but are more clearly described.
The harm minimisation plan policy documentation has been streamlined so that only 1 document is needed instead of 3. The description of what applicants are asked to provide is clearer and includes some practices that mitigate risk to assist applicants.
The lodger’s policy more clearly sets out those requirements, including that a lodger can have 6 adult guests, and licensees can apply for an increase to the number of adult guests when alcohol is being consumed outside of trading hours.
The occasional licence policy has been updated, more clearly setting out those requirements.
The old public interest assessment policy has been replaced with a simpler form which allows the applicant to more easily explain why the application is in the public interest.
The residential premises policy provides updated information on the limited circumstances under which a residence may be a licensed premises.
The responsible promotion and advertising of alcohol requirements remain substantially the same, including that promotions must not encourage the rapid or excessive consumption of alcohol.
The security licensing conditions policy explains what factors make an event or premises high risk, and under what circumstances the DLL may relax standard security requirements if there are appropriate harm minimisations strategies in place.
The special facility licences policy now contains clearer information on the operational requirements of each prescribed type of licence, with outdated restrictions on certain licence types removed.
The temporary bars policy remains substantially the same but the licensing arrangements are more clearly described.
The old Producer’s licence policy has been removed. Producers are no longer required to have 1.5 hectares of vines or the ability to produce 5000 bottles of wine per year.

Applications and licences

Is it now easier to get a licence?

Yes. The updated policies simplify the process of applying for a liquor licence while maintaining the integrity of DLL processes and industry regulation.

Do I have to cancel or resubmit my current application because of the new policies?

No. If you have already submitted your application, you do not need to cancel it and begin again. Where appropriate, and depending on where your application is in the assessment process, our team will assess your application in line with the new policies.

I have engaged consultants for my licence application, can I get a refund from the DLGSC?

No. The DLGSC neither advocates nor discourages the use of consultants. Where an applicant or business entity decides to engage a consultant, they meet the costs associated with that engagement.

Do the changes mean I may receive my licence more quickly?

Yes. We have streamlined the policies and simplified the process to make it easier for you to understand and apply for a licence, which should save you time, effort and money. It also means our licensing team is less likely to need to contact you for extra information during the assessment stage.

Will I get a new licence or ETP reflecting changes to the DLL policies?

No. New documents will only be issued if the licensee lodges an application which requires the re-issue of a licence.

What application will I need to lodge to alter conditions on my permit or licence?

Applications to add, vary or cancel licence conditions have not changed. The form is available on the DLGSC website.

What are the benefits for submitting a development approval instead of a section 40 certificate, or an occupancy permit instead of a section 39 certificate?

Some applicants will no longer have to apply and pay for additional local government certification.
Some applicants won’t have to pay 2 fees or submit 2 applications, saving time, effort and money.
The development approval and occupancy permits are generated as part of the planning process. Applicants who already have these documents can now skip the step of applying to the local government, which should streamline the licence application process.

Harm minimisation

Have the changes affected harm minimisation practices?

No. The harm minimisation plan and the responsible promotion of alcohol policies are based on the harm minimisation principles in the Liquor Control Act 1988.

The policies set out the principles of harm minimisation that licensees must follow to satisfy the DLL requirements.

Does the new harm minimisation plan need to be displayed on the licence premises?

No. The plan must be provided, either in digital or hard copy form, if a DLGSC inspector or a WA Police officer asks to see it when they are at the licensed premises.

What drink promotions can I advertise under the updated responsible promotion and advertising of alcohol policy?

Although bans on specific promotions have been removed, licensees are responsible for making sure their drink promotions align with the principles set out in the DLL policies.

Juveniles

Why did you change the policy on juveniles working in licensed premises?

The policy was updated to align to the Liquor Control Act 1988 which states that juveniles can be employed in a licensed premises, but they must not sell or supply alcohol.

The DLL position is that retrieving used glasses isn’t part of the process of selling or supplying alcohol.

It is still illegal for juveniles to:

take an order for alcohol
deliver alcohol to a customer
stock shelves with alcohol
take payment for an order that includes alcohol (such as a meal with wine)
drink alcohol.

What if a juvenile drinks alcohol from a glass they clear from a table?

It would be an offence under the Liquor Control Act 1988, and a licensee or a manager who allows that to occur will be subject to a $10,000 fine.

The alignment of the policy with the Act makes it clear that the licensee or manager is responsible for considering whether a juvenile is suitable for a role in a licensed area, and for providing appropriate supervision of any juveniles working on the premises.

What changes have been made regarding juveniles working on licensed premises?

There are 3 main changes to this policy:

Juveniles can now handle/collect used glasses throughout licensed areas.
Schools offering training-based work experience for students in licensed premises can apply annually for approval of the course, rather than specific approvals for individual juveniles to work at a licensed premises.
Security requirements for juvenile functions may be reduced, or no longer apply, if the licensee demonstrates that the function to be performed by the juvenile will be low risk.

What is the minimum age of a juvenile employed in a licensed premises?

The DLL does not decide working age requirements. These are covered by relevant laws that apply in WA including the Children and Community Services Act 2004 and the School Education Act 1999.

Public interest

Do I need to lodge a public interest submission with my application?

You must include a Public Interest Assessment (PIA) if your application is for any of the following licence types:

hotels
taverns
liquor stores
nightclubs
extended trading hours — ongoing.

Low-risk licence applications, such as for restaurants or small bars, do not usually require the lodgement of a PIA.

The DLL can request the submission of a PIA or other additional documents as part of considering any application.

Extended trading permits (ETP)

We’ve removed the 10-year expiry date for ongoing ETPs except for permits issued to extend trading hours.

Amendments to legislation that will remove the 10-year limit for ongoing extended hours ETPs are planned to be introduced into parliament by the government.

Do the changes mean I can extend my trading hours without an ETP?

No. You still need to apply for an ETP if you would like to extend your trading hours outside of what your current licence allows.

We won’t be able to delete the 10-year limit for ongoing extended trading hours until legislative changes are made.

I’ve got an ETP that's affected, does that mean that it’s now perpetual?

If you have a permit other than extended trading hours, the permit no longer has a 10-year expiry date and existing permits will be re-issued showing this change.

Permits with ongoing extended hours will still have a 10-year limit until amendments are passed through parliament.

What are the criteria for applying for extended hours for bands and performers?

Licensees can now apply for an ETP for an event by WA performers and bands, as well as artists from interstate or overseas, under the extended trading permits policy.

A licensee may be allowed 24 instances of extended hours for one-off events in a calendar year.

Can I now apply for extended hours on a Sunday of a long weekend?

Yes. The ETP policy has been amended to remove the restriction on extended hours for a Sunday preceding a gazetted public holiday Monday.

Can I still lodge an ETP application for a cocktail/finger food function ETP for my restaurant?

Yes, the ETP policy now refers to this type of application as one-off functions — restaurants.

Conditions, compliance and standards

Can I get the outdated conditions taken off my licence?

The DLL is reviewing which standard conditions may be removed from each type of licence and how this will be managed in the future. We will provide updates on this in due course.

Licensees can continue to lodge an application to vary the conditions of their licence or permit.

How do the new policies impact my compliance requirements?

The core requirements of most policies have not changed and compliance standards on licensees have not been increased.

The majority of the factsheets and policies refer to mandatory requirements set out in the Liquor Control Act 1988. These requirements have not changed.

Have the training requirements for approved managers, bar staff and licensees changed?

No. The approved managers and mandatory training requirements have not changed.

Is there a plan to revise the Standards of licensed premises policy?

Yes. The DLL is currently consulting with other regulatory agencies involved with the standards of licensed premises.

For now, this policy continues in its current form. We will provide updates on this in due course.

Costs

Can I recover the costs involved in preparing my application in line with previous policies that have been consolidated or no longer apply?

No. We have arrangements in place that allow for a period of transition to the new policies. If your application met the previous requirements, and all other licensing requirements were met, then it will likely be approved.

Can I recover the costs involved in delays addressing now unnecessary policies?

If there has been a delay in your application, it would not be due to any changes in the policies. We have arrangements in place to allow for a period of transition from the old to the new policies. If your application met the old requirements, and all other licensing requirements were met, then it would be approved.

Adult entertainment

Have the rules changed about adult entertainment on the licensed premises?

No. Any licence subject to a standard entertainment condition still requires everyone on the licensed premises to meet certain standards of dress and behaviour. The policy has been clarified to assist licensees and managers to understand the limited circumstances in which adult entertainment can be offered at a licensed premises.

Page reviewed 12 September 2024