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Requirements when applying for a Liquor Restricted Premises Declaration as per the Liquor Control Act 1988 (the Act)
Part 5B of the Liquor Control Act 1988 (the Act) enables the owner or occupier of a private premises or privately owned land to apply to the Director of Liquor Licensing (“the Director”) to have the premises declared a restricted residence for a specified period.
Private premises are considered to be:
The owner or occupier is defined as a person who is, or is entitled to be, in occupation or control of the premises, whether exclusively, jointly, or in common with other people.
The restricted premises process is designed to address, in an expedient manner, isolated and localised issues where it is reasonable in the circumstances for the Director to declare a premises a liquor restricted premises.
If friends and relatives regularly cause trouble when drinking liquor in a person’s home, or the owner or occupier is concerned about other antisocial alcohol related behaviour in the home, they can apply to have that place declared a liquor restricted premises.
Once a Liquor Restricted Premises Declaration has been issued, a notice must be displayed onsite. Declarations may be varied or revoked by the Director.
If someone is then drinking liquor or taking liquor into that restricted premises, the owner or occupier will be able to call the police, who will have the power to seize the liquor and take action against the person who committed the offence.
Police will also have the power to enter restricted premises if they believe that an offence is being committed. Police can then search the premises and anyone at the premises for liquor and can seize any opened or unopened containers.
Section 152P(4) of the Act sets out who can make application to the Director for a liquor restricted premises declaration. An application can only be made by:
Where the applicant is not the sole owner and occupier of a premises, the Director must be satisfied that each other person who owns or occupies the premises consents to the declaration being made or has been provided the opportunity to lodge a submission with the Director on the matter.
A lessor cannot automatically expect their premises be declared a liquor restricted premises without the lessee being consulted in the first instance.
In determining an application, the Director must be satisfied that making the declaration either reflects the wishes of the majority of the occupiers of the premises; or is in the public interest, despite not reflecting the wishes of the majority of the occupiers of the premises; and is reasonable in the circumstances.
The Director may consult with the Commissioner of Police, local government, owners or occupiers of the premises subject of the application or any other person considered relevant when determining an application. For example, if the application is for an apartment within a residential complex of multiple apartments, the Director may consult with the body corporate in relation to common use areas within the building.
Another example may be that the tenant of a Department of Housing property may seek the declaration, so the Director may consult with Department of Housing.
A declaration could be made for the whole property or only part. For example, if the application is in relation to a shopping centre, the declaration might be made for those areas other than restaurants and cafes.
Once a declaration is made, a notice must be displayed at the premises in a conspicuous place so that people entering that premises are aware of the declaration.
A liquor restricted premises declaration comes into force when the Director determines the application, or at a time specified in the declaration.
A declaration ceases to be in force when:
The applicant for a declaration must give the Director notice should they no longer be a person who could apply for the declaration, for instance the applicant ceases to reside at the residence.
A declaration can be varied or revoked on the initiative of the Director of Liquor Licensing or on the application by the applicant who originally applied for the declaration, any other person who owns or occupies the restricted premises, or the Commissioner of Police.
A variation may be made to do any or all of the following:
Revoking or varying declarations cannot be made unless the Director is satisfied that each person who owns or occupies any part of the premises consents to the variation, or has had the opportunity to lodge a submission with the Director regarding the proposed variation or revocation. The Director may consult with the Commissioner of Police, local government or any other person considered relevant when determining an application.
The Director may vary a declaration if satisfied that the varied declaration reflects the wishes of the majority of the occupiers of the premises; or is in the public interest, despite no reflecting the wishes of the majority of the occupiers of the premises; and is reasonable in the circumstances.
The Director may revoke a declaration if satisfied that the continuation does not reflect the wishes of the majority of occupiers of the premises; or is not in the public interest for it to remain; or it is no longer considered reasonable to be in force.
A penalty of $2000 applies if:
It is not an offence for a person who is passing though restricted premises, open to or used by the public, with unopened liquor if it is to be consumed somewhere else. For example, if part of a shopping centre is a restricted area you can carry liquor bought at a liquor store through the area without committing an offence.
A person cannot be charged if that person did not know, and could not reasonably have been expected to know, that the premises were liquor restricted premises.
Applicants must lodge completed applications at the Department of Local Government, Sport and Cultural Industries. An application for a liquor restricted premises declaration can be made by either using the form provided below or by letter. A lodgement guide is also provided in this kit that identifies all documentation which should accompany the application.
The application must:
The applicant must provide the Director with any information or documents that is reasonably required.
No application fee will be charged if an application is received by the occupier. However, if an applicant is a prescribed class of persons or the owner (for instance landlord of the proposed premises), an application fee must be lodged with the application.
Please refer to the fee schedule. Please note that the application cannot be examined until the fee is received. Generally, the application fee is not refundable, even if the application is refused or withdrawn.
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 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.
Do not submit enquiries with this form.