Theme 3: Enhanced harm minimisation enforcement and compliance

To ensure licensees comply with their obligations under the legislation and licence conditions.

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The aim of these reforms is to:

  • enhance the effectiveness of enforcement tools
  • review the powers of authorised DLGSC officers and WA Police officers in enforcing compliance with the legislation
  • encourage licensees to comply with their obligations.

The key proposals being explored in Theme 3 include:

Enhancing harm minimisation options

Several harm minimisation tools are available to the licensing authority:

  • Barring Notices: Enables police to bar a person from licensed premises if a person has committed violence, engaged in indecent or disorderly conduct or has broken a law ‘on or in the vicinity of a licensed premises’.
  • Prohibition Orders: Police can apply to the Director of Liquor Licensing for a prohibition order to be made against a person who has been involved in anti-social behaviour in or around licensed premises, or whose presence or employment in licensed premises is deemed to be problematic due to their involvement in serious or organised crime.
  • Penalties: Fines and prison terms for offences under the Act.

This reform will consider whether some of these tools can be enhanced to increase their effectiveness in reducing harm, including:

Expanding the use of barring notices to reduce alcohol-related violence that occurs beyond the vicinity of licensed premises. For example, people who commit family or domestic violence away from a licensed premises.

  • Ensuring penalties are relevant, modern and rapidly address breaches to protect the community from harm and increase compliance. For example, penalties for supplying liquor to an intoxicated person or a juvenile. (Penalties will be reviewed in consultation with the Department of Justice).
  • Providing inspectors with power to impose lower-level penalties and sanctions, to more rapidly address complaints and non-compliance.
  • Reviewing administrative sanctions for suspension and cancellation of licences.

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Page reviewed 17 August 2023