Effective date: 22 January 2008Last amended: 3 April 2019Next review: 3 April 2021
This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided
on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
Pursuant to section 46 of the Liquor Control Act 1988("the Act"), and subject to section 46(2), the licensing authority is empowered to grant a special facility licence for a number of prescribed purposes. The purposes for which such a licence may be
granted are set out in regulation 9A of the Liquor Control Regulations 1989("the Regulations"). One of those prescribed purposes is that of "Catering".
In this regard, regulation 9A(13) of the Regulations states that:
"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.”
It is important to note that a ‘caterer’ means a person who:
This document provides guidance as to the legislative requirements relating to special facility “catering” licences and the matters that may be taken into consideration when determining an application for such a licence.
When determining whether a special facility licence should be granted to a caterer the licensing authority must give consideration to, amongst other matters,the provisions of section 33(7) of the Act. This section requires the licensing authority to consider
whether premises are of a sufficient standard for the proper conduct of the business and sets out the issues that shall be taken to be relevant and amongst the matters to which the authority should have regard.
The issue of the suitability of premises is further addressed by section 37(1)(f), which provides that the licensing authority shall not grant an application for a licence unless it is satisfied that the premises to which the application relates are of
a sufficient standard and suitable for the conduct of the business.
Applicants for a special facility licence must lodge with the licensing authority, certain statutory information prior to an application being considered. To assist applicants in lodging their application, an application kit containing a lodgement guide,
forms, and an information bulletin, is available from the department's website.
Further, customer service staff are available at any time during office hours to assist applicants understand the legislative requirements relating to the lodgement of an application on 61 8 6551 4888.
In addition to the general requirements of the licensing authority under the Act, the following criteria will be considered in determining whether the application for a special facility licence "catering" should be granted:
Applicants are advised that a copy of an EHO’s health inspection report on the kitchen(s) which includes detail on the adequacy of refrigeration in relation to the number and size of functions to be catered for and, makes reference to facilities
for the transporting of food to offsite catered venues may be requested during the application process.
Section 100(2a) of the Act requires that an approved manager must be present at the licensed premises at any time when business is conducted at those premises. In this regard, a licensee may chose to employ a number of approved managers.
For further information on the requirements relating to approved managers, please refer to the Director’s policy Managers at Licensed Premises.
The Act imposes mandatory training requirements on licensees, approved managers, supervisory/bar staff and crowd controllers1 in relation to the management of licensed premises and the responsible service of alcohol. There is also a requirement
for licensees to maintain a training register that records employee information and their training compliance.
For further information on the mandatory training requirements and the register, please refer to the Director’s policy Mandatory Training.
Water suitable for drinking must be provided free of charge at all times when liquor is sold for consumption on the premises.
For guidance on the minimum requirements in respect of this condition, please refer to the Director’s policy Provision of Free Drinking Water.
The licensee is required to maintain a register of the incidents, of the prescribed kind, that take place at the licensed premises.
For guidance on the minimum requirements in respect of this register, please refer to the Director’s policy Incident Registers.
While each application will be assessed on its merits, the applicant must satisfy the licensing authority that it is carrying on a food business for events that have been organised by a third party that is not a related entity to the catering business.
The following conditions will normally be imposed to maintain the integrity of the licence classification system in relation to the conduct of a catering business:
An application fee will not be charged to vary the licence in these circumstances.
Do not submit enquiries with this form.