Guidance for making a complaint.
Section 117 of the Liquor Control Act 1988 (the Act) provides for a complaint to be lodged against a licensee if the noise coming from, or the behaviour of patrons at, a licensed premises is affecting the people residing in or attending premises such as
a school or hospital in the neighbourhood.
A complaint may be made by:
In respect to the above, where a person lodges a complaint, the complaint must be signed by 3 unrelated adults (including the complainant).
Notwithstanding the fact that a complaint must be made by three (3) or more unrelated adult persons, the licensing authority may continue to determine the complaint even if one or more of the complainants subsequently withdraws their complaint.
The Act defines '3 unrelated adults' as: 3 adults each of whom:
A written complaint may be lodged with the Director alleging:
Once a complaint has been lodged with the licensing authority, in the first instance, an attempt will be made to resolve the issues of the complaint in respect to noise and behaviour with the licensee and the complainant through conciliation or negotiation. However, if the complaint cannot be resolved through conciliation or negotiation, the Director may determine the matter.
If during a conciliation conference the parties reach agreement on the outcome of a complaint and the licensing authority is satisfied that a decision in the agreed terms is lawful, the licensing authority should have regard to the terms reached and may make a decision varying the conditions of licence in a manner that is consistent with those terms.
Similarly, where conciliation or negotiation of the complaint can not be reached, the licensing authority may, by notice in writing, require the licensee to show cause why an order should not be made in relation to the complaint. Alternatively, the licensing authority may call a hearing which both the licensee and the complainant(s) will attend. Each party will be given the opportunity to outline their case and the Director will consider the merits of the information provided.
When determining a complaint, the Director may have regard to:
Parties may have legal representation, however it is not a requirement and no costs can be awarded against the parties.
Whether pursuant to conciliation or negotiation or by way of an order, the Director may:
Any party to the complaint proceedings may apply to the Liquor Commission for a review of the Director’s decision if they are dissatisfied with the determination.
An application for the review of a decision must be lodged with the Commission within a month after the parties receive notice of the decision.
Any order made by the Director remains in force until quashed by the Commission, or revoked by the Director.
Where a person considers that a licensee has contravened this Act, the Regulations, the licence or permit, or a condition of the licence or permit, the person may lodge a complaint in writing with the licensing authority.
The complainant in this case will not, however, be deemed to be a party to proceedings for the purposes of any disciplinary action that may be taken against the licensee, following an investigation by the licensing authority.
A complaint may be made in writing, however, before lodging the complaint with the Director, the complainant must first serve a copy of the complaint on the licensee and allow sufficient time for the licensee to rectify the cause of the complaint. If the licensee does not rectify the cause of the complaint within a reasonable time frame, the complaint may be pursued with the Director of Liquor Licensing.
There is no fee payable for the lodgement of a complaint.
Ensure all required documentation is attached to your application.
Department of Local Government, Sport and Cultural Industries
Level 2, Gordon Stephenson House, 140 William Street Perth WA 6000
Ensure all documentation is attached to your email.
PO Box 8349Perth Business Centre WA 6849
You can submit online through the portal.
This information is designed to provide authoritative information regarding the subject matter covered, and with the understanding that the Director 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.
Do not submit enquiries with this form.