Occasional Liquor Licence lodgement guide

Occasional Liquor Licence information and lodgement guide.

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Contents

What constitutes a sale

The Liquor Control Act 1988 defines a sale as:

  • Agree or attempt to sell;
  • Offer or expose for the purpose of selling;
  • Send, forward or deliver for sale or on sale;
  • Barter or exchange;
  • Dispose, by lot or chance or by auction;
  • Supply, or offer, agree or attempt to supply;
    • In circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or
    • Gratuitously, but with a view to gaining or maintaining custom or other commercial advantage; or
    • Authorise, direct, cause or permit to be done any act referred to in this definition, and includes, in relation to a club, supply to or the order of members otherwise than by way of sale, but does not in relation to any class of licence include the provision of a free sample authorised by this Act.

It is an offence to sell liquor without a relevant licence issued under the Act. A conviction for selling liquor without a licence carries a penalty of up to $20,000 per offence.

Examples of a sale

  • Liquor sold or supplied at an event.
  • Liquor supplied at an event where an entry fee is charged to the patron.
  • Where a limousine is hired out and includes liquor as part of the hire cost.

Which entity type are you?

Section 35 of the Act provides for the entity types who may apply for an occasional licence.  An application can be made by-

Natural Person: A natural/individual person may apply for the application if they intend to be solely responsible for the licence including purchasing the liquor themselves and retaining the proceeds.  If you are the approved manager, volunteer or an employee assisting with the application, please refer to the other entity types below as the application must be made in the name of the entity who is ultimately in control and will retain the proceeds from the sale and supply of liquor.

For example, you are an approved manager at a local football club who is responsible for organising a fundraising event on behalf of the club.  All proceeds from the sale and supply of liquor are retained by the club.  In this case the club would be the correct applicant entity.

Partnership: Where two or more entities are responsible for the conduct of the licence and intend to share proceeds from the sale and supply of liquor. Please note, all parties under this category will be jointly and severally liable in respect of any civil or criminal liability that attaches to the licensee.

Body Corporate: A legal entity such as an association, company, government agency, or institution identified by a particular name.

Unincorporated Body: A group or committee of like-minded individuals who are not registered as a legal entity but are instead represented by an individual person. You will be required to nominate a natural person as a trustee to hold the licence on its behalf

Occasional liquor licence categories

There will be seven event categories to select from when completing the application. It is important to select the category which aligns with your event. This will ensure the relevant information is requested.

  • Charter boats and raft-ups — select this category for a one-off licensed event held on a vessel;
  • Event involving liquor exhibitors — this category is appropriate when the proposed event includes stall holders/exhibitors seeking to sell and supply liquor;
  • Music concert/live performance — select this category for events featuring live entertainment such as a concert;
  • Quiz nights, fundraisers, sporting or other small functions — this category is self-explanatory, however it is encouraged for any other small function under 500 patrons;
  • Wet mess canteen — select this category to sell and supply liquor at a remote site for workers and their guests; or
  • Other — any other scenario which does not  fit into the above categories.

 

When applications must be lodged

The time frame required for the licensing authority to process the application before the commencement of the event depends on the number of patrons anticipated to attend.

Lodgement timeframes
Number of patrons at the eventLodge no later than
Up to 500 patrons14 days
Between 501 and 5000 patrons60 days
Over 5001 patrons90 days

If your application is lodged outside of these times you will not be able to proceed without contacting the licensing authority. See exemptions for late applications below.

The purpose of an occasional liquor licence is to allow the applicant to sell and supply liquor at a genuine one-off event that cannot be covered under a permanent liquor licence. The sale of liquor must be ancillary to the purpose of the event. Occasional liquor licences cannot be used to operate a business in place of a permanent licence.

An occasional liquor licence authorises the licensee to sell or supply, or allow the consumption of liquor:
    a)  at such times, and on such occasion, or during such period not exceeding three weeks, as may be specified;
    b)  at such places, and within such designated area as may be specified; and
    c)  subject to terms or conditions as may be specified.

Occasional liquor licence applications must be lodged online via the department’s portal. If you require assistance with the lodgement of your application you can either contact the department on 61 6551 4999 or attend the department’s office and seek assistance from the front counter reception staff. For events being held in regional areas, occasional liquor applications for fewer than 500 persons can be lodged on paper through the local courthouse.

For small occasional events please review the Exemptions to the Liquor Control Act 1988 policy as there are certain instances where the sale or supply of liquor is exempt from the Liquor Control Act 1988 (the Act).

Exemptions for late applications

If an application is deemed late you may not be able to proceed with the online form and you must contact our E-Business section on 61 8 6551 4999 to seek the department’s approval to accept the application. Please have your client reference number and/or username available so that the e-business officers can locate your application. Please note, late applications will generally only be considered if the Department has the ability to assess the application within the afforded timeframe. In addition, providing you with an exemption code does not guarantee a late application will be assessed and determined in time for the event.

Late trading

Trading beyond 12 midnight on Mondays to Saturdays or 10pm on Sundays will generally not be approved unless there are special circumstances. You may be asked to provide further submissions if you indicate that your event will go beyond these hours.

Profit sharing

Will there be another entity obtaining proceeds from the event, such as entry tickets or a percentage of the proceeds from liquor? If yes, please ensure that profit sharing is declared in the application including a description of the profit sharing arrangement and contact details of Profit sharer is required. If another person/entity is receiving proceeds from the sale of liquor, it is important to establish who will be responsible for the licence when choosing the correct entity type.

Door charge

If liquor is inclusive of the ticket/door charge (albeit complimentary), you cannot pre-sell tickets to the event until an occasional liquor licence has been granted. In addition, if another party is receiving proceeds from tickets which include liquor (such as a promoter), the licence should be lodged in partnership which would allow the event organiser to sell liquor included in the ticket price.

Map of defined licensed premises

If the proposed licensed area is outdoors or partly outdoors, a map of the defined licensed area is required to accompany the application. A hand drawn floor plan or existing building plan will suffice including an additional screen shot from google maps or Landgate to illustrate the location. The map must include any nearby buildings or rooms you wish to use, nearby roads and other identifying features, and the location of bar areas within the desired licensed area. Please make sure to highlight the boundary of the licensed area where liquor will be sold, supplied and consumed.

The acceptable formats for uploading maps are:

  • Portable Network Graphics (.png)
  • Joint Photographic Experts Group (.jpg)
  • Graphics Interchange Format (.gif)
  • Portable Document Format (.pdf)

Figure 1 Example of proposed licensed area

Occasional Map

Exhibitors

Depending on the nature of an event, the holder of a permanent liquor licence may be authorised, under an occasional licence, to attend an event to exhibit their own produce. Generally, these type of applications are lodged by the event organiser. The type of permanent liquor licence held by an exhibitor will be taken into consideration when assessing the application and as a general principle, an exhibitor will not be permitted to trade in a manner contrary to their existing licence. Should exhibitors wish to trade in a manner not authorised under their permanent licence, a submission should be lodged demonstrating why the application is in the public interest.

A spreadsheet will be required which should contain a full list of all participating licensed premises/licensees including the liquor licence number and proposed manner of sale and supply i.e. tastings, by the glass, packaged liquor. Please see below for example of approved exhibitor list template.

Exhibitor spreadsheet example

Crowd controllers

The purpose of crowd controllers at occasional licensed events is to manage the number of people within the licensed area as well as usual crowd control requirements. High risk events such as concerts benefit from good crowd controllers as they can make the difference between a well managed event and possible disaster.

The term ‘crowd controllers’ refers exclusively to licensed crowd controllers only. Bar staff or local volunteers offering to manage crowds is not acceptable as crowd controllers under the Security and Related Control Act.

If deemed necessary you may be requested to hire crowd controllers if your event is considered high risk despite the number of patrons.

In this regard, the crowd control requirements will be determined on the merits of the application and the level of risk to the community the premises/events may present. Consideration of such applications and the crowd controller requirements will be subject to the initiatives the applicant proposes to implement to minimise risk.

Crowd controller requirements will be determined on a case-by-case basis depending on the nature of the licensed premises/event and the initiatives proposed by the applicant to mitigate risk. The licensing authority may determine that the security requirements can be met through the use of a combination of: licensed crowd controllers, licensed security officers, approved managers or responsible service of alcohol marshals. However, a minimum number of crowd controllers determined by the licensing authority may be required.

Supervision and management

An approved manager is an authorised person who has been pre-approved by the department to manage licensed venues across Western Australia. It is a requirement under the Act that every occasional licence is supervised by the holder of a restricted or unrestricted manager approval at all times.

The approved manager is not required to be a member of the organisation or company and any person who carries the approved manager ID card may be hired or engaged to manage the sale and supply of liquor at your proposed event. If you are interested in applying for the approved manager ID card please refer to the Approved manager lodgement guide on our website.

Lodgement alternatives

Applications sought in regional areas for a period of up to seven days and where no more than 500 patrons are expected to attend on any one day can be lodged manually through the local court house.

For small occasional events please review the Exemptions to the Liquor Control Act 1988 policy as there are certain instances where the sale or supply of liquor is exempt from the Liquor Control Act 1988 (the Act).

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on specific circumstances where the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989.
Select a publication type : Factsheet

Purpose

This factsheet summarises the exemptions which are set out in the Liquor Control Regulations 1989 (the LC Regs).1

A primary object of the Liquor Control Act 1988 (the LC Act) is to minimise harm caused by alcohol. The LC Act does this by regulating the sale, supply and consumption of alcohol. Selling alcohol is defined very broadly and includes:

  • selling, offering for sale, or bartering
  • sending or delivering for sale
  • auctioning
  • supplying (for free or for money), where the person supplying the alcohol is likely to gain customers, or a monetary or commercial advantage.2

The LC Act regulates the premises where alcohol is sold, and the services and facilities which can be provided with alcohol. However, there are some circumstances where the provisions of the LC Act do not apply.3

The exemptions provided for in the LC Regs are for relatively controlled circumstances where it is expected that only small amounts of alcohol will be consumed, usually in a social setting where relatively few people are in attendance. The following exemptions only apply when all the conditions set out in the LC Regs are met:

Live entertainment venues

Alcohol cannot be sold or supplied at a live entertainment venue without a liquor licence, however the consumption of BYO alcohol will be allowed if all the requirements of the ‘live entertainment venue’ exemption are met.4 The main purpose of the event must be the provision of live entertainment at the premises, with any consumption of alcohol only ancillary to this purpose.

The live entertainment must be musical, theatrical, comical, or dance, provided by one or more persons who are present at the venue.5 It must be continuous, though reasonable breaks are allowed, such as intervals or breaks between acts. Any person consuming alcohol must be at least 18 years old.

Live entertainment does not include:

  • sporting contests
  • recorded music, with or without presentation by a DJ, (unless this is only incidental to the live entertainment)
  • broadcasts or transmissions, whether live or with a delay.

The person in charge of the premises must notify the Director of Liquor Licensing (DLL) that the exemption is going to be relied on to allow the consumption of alcohol on the premises. The Notice of intention to allow consumption of liquor at a live entertainment venue form is available to download. The completed form must be received at least 14 days before the person intends to rely on the exemption.

The person in charge of the premises, and any person providing services on the premises, must not have had a liquor licence suspended, been disqualified from holding a liquor licence, been the subject of a prohibition order or found not to be a fit and proper person.6

The following criteria must always apply at the premises, for the exemption to apply:

  • no more than 200 patrons are present at any one time
  • the person in charge is not a juvenile
  • juveniles are not allowed unless under the supervision of a responsible adult (unless they are providing services on the premises)
  • drinking water is always available when alcohol is consumed
  • drunk people are not allowed to consume alcohol
  • indecently dressed persons, indecent behaviour or restricted material7 are not allowed.

It is an offence for any person to sell or supply alcohol to, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,0008
  • drunk person — subject to a penalty of $10,000 for the owner of the premises, and for anyone else, a penalty of $2000.

Small functions

Alcohol can be sold or supplied to attendees of a small function, without the organiser holding a liquor licence, if all the following criteria are met.9

A function is a gathering, occasion or event where alcohol will be sold or supplied, and can include a sporting contest, show, exhibition, fair, or reception.10 Alcohol can only be consumed at the function, and not packaged for consumption elsewhere. This sense of function denotes a special event or occasion and does not apply to ‘business as usual’ activities such the ongoing sale of alcohol at a licensed premises. The exemption only applies if the service of alcohol is not the primary purpose of the function, so anyone proposing to supply alcohol as a business model cannot rely on the small functions exemption and must apply for a liquor licence.

At the function, alcohol can be served:

  • to people over 18 years old
  • no earlier than 6am and no later than 10pm
  • for a maximum of 2 continuous hours if there are no more than 100 attendees, or for 4 continuous hours if there are no more than 75 attendees.11

It is not permitted to serve alcohol to drunk people or allow drunk people to consume alcohol at the function. It is an offence for any person to sell or supply alcohol to, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,00012
  • drunk person — subject to a penalty of $10,000 for the owner of the premises, and for anyone else, a penalty of $2000.

Complimentary supply by business

A business can provide free alcohol to a customer without a liquor licence if the following criteria are met.13 The alcohol is to be provided:

  • by the business owner, or their employee, contractor or agent
  • on the business premises, ancillary to the business (for example, the business does not usually sell alcohol and the alcohol is provided to promote the business)
  • for consumption on the premises, no more than 2 standard drinks14
  • for consumption off the premises, no more than 1 litre in a sealed container
  • to a person who is not drunk and a drunk person is not allowed to consume the alcohol on the business premises.

Examples of businesses making use of this exemption would include a hair salon offering a complimentary glass of wine or champagne to a client, or a real estate agent offering a complimentary bottle of champagne to a home buyer.

Tourism operators

A tourism business does not need a liquor licence to supply alcohol to a customer, if all the following criteria are met:15

  • the business is certified under the Australian Tourism Accreditation Program
  • the person supplying the alcohol:
    • is the person carrying on the tourism business, or their employee, contractor or agent
    • has successfully completed a course approved by the Director of Liquor Licensing (the DLL) in the responsible sale, supply and service of alcohol
    • provides free alcohol, which is only provided ancillary to the main purpose of providing a tourism service to the customer
    • only supplies alcohol to people who are at least 18 years old.

The alcohol must not be supplied:

  • at a licensed premises
  • on a public road16
  • in a restricted area17
  • without the consent of the occupier, or person in authority of the place where it is consumed
  • to a drunk person, and a drunk person is not allowed to consume alcohol at the place or premises.

Farmers’ markets

A liquor licence is not required to sell or supply alcohol from a stall at a farmers’ market if all the exemption criteria are met.18 A farmers’ market is a market or fair where primary producers 19 display and sell direct to the public. The stall must be provided by one or more alcohol producers, or an alcohol producers’ association, and sell the alcohol produced by these parties.

If it is being consumed at the farmers’ market the alcohol can only be provided as a free sample.20 If it is being consumed away from the farmers’ market it must be:

  • in sealed containers of no more than 9 litres to any one person in a day
  • by way of an order for alcohol to be supplied at a future date.

Alcohol must not be supplied to a person under the age of 18, or to a drunk person, and drunk people must not consume the alcohol near the stall.

It is an offence for any person to sell or supply alcohol, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,00021
  • drunk person — subject to a penalty of $10,000 for the owner of the premises, and for anyone else, a penalty of $2000.

Bed and breakfast

A liquor licence is not necessary for alcohol to be provided at a bed and breakfast, if the exemption criteria are met.22

A bed and breakfast operator can supply free alcohol to an adult staying at their facility. It must be consumed on the premises and not be more than 1.5 litres of alcohol, for the duration of that person’s stay. No more than 8 persons can stay at the facility at any one time.

The bed and breakfast operator must purchase the alcohol from someone who holds a licence authorising them to sell packaged liquor, or who has a club or wholesaler’s licence.

If they meet the relevant criteria, a bed and breakfast operator could consider relying on the tourism operator’s exemption, instead.

Organisers of functions on licensed premises

The organiser of a function at a licensed premises does not need a liquor licence if all the exemption criteria are met.23

The organiser must enter into a profit sharing arrangement with the holder of a liquor licence, which is approved by the Director of Liquor Licensing (the DLL).24 The DLL will not approve a profit sharing arrangement unless the relevant liquor licence permits the sale and supply of liquor to the public for consumption on the premises. The licences for liquor stores, wholesalers and clubs do not allow the general public to consume alcohol on the premises, so these venues cannot use this exemption.

The profit sharing arrangement is to set out that at the function the licensee will provide the venue, food and alcohol, at a fixed price to the organiser and the organiser is to arrange the advertising and ticket sales.

The ticket price includes admission and the provision of alcohol, food and entertainment during the function. All advertising for the function is to include a reference to the terms of the licence under which the supply of alcohol is authorised. Alcohol can only be provided to people who are at least 18 years old.

Charter vehicles

A liquor licence is not needed to provide alcohol to adult passengers in a charter vehicle if the conditions of this exemption are met.25 When the passengers are consuming alcohol the vehicle must be subject to an on-demand charter vehicle authorisation under the Transport (Road Passenger Services) Act 2018, and be equipped to carry no more than 14 adult passengers, excluding the driver. The hire must be for at least one continuous hour and arranged before the trip started.

Any juveniles must be accompanied by, and under the supervision of, a responsible adult. The driver of the vehicle must not allow a drunk person to consume liquor in the vehicle.

This exemption does not apply if the vehicle is being hired to take school students to or from school functions, such as a school ball.

It is an offence for any person to sell or supply alcohol, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,00026
  • drunk person — subject to a penalty of $10,000 for the owner of the vehicle, and for anyone else, a penalty of $2000.

Warehouse

A liquor licence is not necessary when a person who is the proprietor of licensed warehouse27 sells liquor in bond to a person who proposes to personally take it outside of Australia.

Transport services

The sale and supply of alcohol is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth28
  • on an aircraft during a flight29
  • on a commercial vessel on an inter-state or overseas voyage30
  • to the master of a ship as ship’s stores, for consumption once the ship is outside WA’s territorial seas31
  • on an intra-state cruise ship, to adult fare-paying passengers who are not drunk.32

Delivery of gifts

An exemption applies to the sale or supply of alcohol, which is delivered with flowers, food or other products, if the gift is delivered between 7am and 7pm and packaged as a gift. The business of the supplier must be genuinely marketed as a service for the sale and delivery of gifts. The person receiving the gift must be an adult, and not the vendor, supplier or purchaser of the gift.

The alcohol supplied must:

  • not exceed 2 litres
  • have been purchased by the supplier from the holder of a hotel or liquor store licence
  • not be worth more than half the purchase price of the gift (including the container).

This exemption does not apply in a restricted area, or to liquor restricted premises.

Lottery prize

The sale or supply of alcohol as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the LC Act.

Food essence

Alcohol based food essence is defined as liquor for the purposes of the LC Act33 but a person may sell it if they have the written authorisation of the DLL.34

Alcohol based food essence is defined as a liquid flavouring that exceeds 1.15% ethanol in a container holding:

  • 100 millilitres if it is natural vanilla essence; or
  • 50 millilitres if it is any other flavour.

Health care services and retirement villages

In a health care setting or retirement village, certain people may sell or supply alcohol to patients or residents without the LC Act applying,35 as set out in the following table:

Alcohol may be provided by someone who:to a person who is a:
conducts or manages a nursing home36patient and resident of the home, or their guest
conducts or manages a hospital37patient of that hospital
conducts or manages a private psychiatric hostel38resident of that hostel
is an approved provider of residential careresident of the facility, or their guest
owns or operates a retirement villageresident of the village, or their guest
is a resident of a retirement village and is a member of a residents’ committee, subcommittee, incorporated association or other body of residentsresident of the retirement village or their guest

Liquor competitions

A liquor competition39 is a competition where:

  • alcohol of a particular type is assessed by a judge in a systematic manner against criteria such as colour, appearance, aroma and taste
  • the judge has expertise in relation to the type of alcohol in the competition
  • after judgment the alcohol is allocated a score
  • alcohol entered into the competition receives prizes or acknowledgments
  • the purpose of the competition includes highlighting those producers whose alcohol is of the best quality, and to provide a forum to educate alcohol producers
  • the alcohol is sold or supplied by way of sample
  • the sale or supply, and consumption, of the alcohol is incidental to the competition.

At the competition, alcohol may be sold or supplied to a person who is at least 18 years of age and is not drunk, if they are one of the following:

  • a judge
  • a steward
  • a producer who entered alcohol into the competition.

If all these criteria are met, the competition is exempt from the LC Act.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s6(1)(o)
  2. LC Act s3
  3. LC Act s6
  4. LC Regs r8A
  5. LC Regs r8A(1)
  6. LC Regs r8A(1), the person in charge of the premises must not have been subject to a ‘negative determination’, that is, a refusal of an application under the LX Act on the grounds of them not being a fit and proper person
  7. Restricted materials include publications, films or computer games classified as RC under the Classification (Publications, Films and Computer Games) Act 1995
  8. LC Regs r18 provides that premises subject to the live entertainment exemption are ‘regulated premises’, for the purpose of LC Act s122. LC Act s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LC Act s122 penalty for providing alcohol to juveniles applies, and also the LC Act s115 penalties for providing alcohol to drunk people.
  9. LC Regs r8B
  10. LC Act s3
  11. When counting attendees, it is not necessary to count anyone providing services at the function
  12. LC Regs r18(d) provides that premises subject to the small function exemption are ‘regulated premises’, for the purpose of LC Act s122. LC Act s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LC Act s122 penalty for providing alcohol to juveniles applies, as does the LC Act s115 penalties for providing alcohol to drunk people.
  13. LC Regs r8C
  14. LC Regs r3A — a standard drink has no more than 10 grams of ethanol at 20°C
  15. LC Regs r8CA
  16. Road Traffic (Administration) Act 2008 s4
  17. LC Act s175(1a)
  18. LC Regs r8D
  19. A primary producer is defined as a person who carries on a business of agriculture, pastoral pursuits, horticulture, grazing, dairy farming, beekeeping, orcharding, viticulture, silviculture or other similar farming activities
  20. LC Regs 5A
  21. LC Regs 18(e) provides that premises subject to the farmers’ market exemption are ‘regulated premises’, for the purpose of LCA s122. LCA s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LCA s122 penalty for providing alcohol to juveniles applies, as does the LCA s115 penalties for providing alcohol to drunk people.
  22. LC Regs r8(1)(j)
  23. LC Regs r8E
  24. LC Act s104
  25. LC Regs r8F
  26. LC Regs r18(f) provides that vehicle subject to the charter vehicle exemption is a ‘regulated premises’, for the purpose of LC Act s122. LC Act s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LC Act s122 penalty for providing alcohol to juveniles applies, as does the LC Act s115 penalties for providing alcohol to drunk people.
  27. LC Regs r8(1)(a)
  28. LC Regs r8(1)(b)
  29. LC Regs r8(1)(i)
  30. LC Regs r8(1)(ja)
  31. LC Regs r8(1)(e)
  32. LC Regs r8(3)
  33. LC Regs r4A
  34. LC Regs r8(1)(g)
  35. LC Regs r8(1)(h)
  36. Private Hospitals and Health Services Act 1927 s2(1)
  37. Health Services Act 2016.
  38. Private Hospitals and Health Services Act 1927 s2(1)
  39. LC Regs r8G.
Tags :
  • exemption
  • liquor
  • occasional
Categories :
  • Liquor
Related local governments
Occasional Liquor Licence fees
Fee description Fee (no GST applicable)
Up to 250 patrons
$58.50
Between 251 and 500$123
Between 501 and 1000 $253
Between 1001 and 5000 $1285.50
Between 5001 and 10000$2575.50
Over 10,000$5164

With respect to an Occasional Liquor Licence application sought for a function or event that takes place over a number of dates, the fee will be calculated based upon the total maximum number of persons expected to be present in the licensed area at any one time over the period. For example: if a function or event runs for 2 days and the maximum number of persons expected to be present in the licensed area at any one time is 300, then the fee will be calculated on an attendance of 600 people in total and will be $253.

In addition to the application fee, new applicants in respect of profit sharing agreements or arrangements will pay an additional $166 fee for each individual who is party to the agreement or arrangement and in relation to whom a background check is sought from the WA Police Service.

Checklist

Please have the following information available for when you commence lodgement of the occasional application form.

Event details

Trustee details for unincorporated bodies

Events with profit sharing

Events with exhibitors

Wet mess/canteen applications

How to lodge an application

Please refer to the following steps to lodge your application:

  1. Create an account
  2. Complete the liquor licence applicant details form
  3. Complete the liquor licence application form
  4. Make payment

1.  Creating an account

First you must create an account. This account will be used to submit your applications, returns and change your address details.

  • Visit the online portal (opens a new window)
  • Select Create Account.
  • Add all required fields and click Register.
    • The username must be in lowercase letters and cannot contain spaces or symbols such as @, !, &.
    • The password must be at least 8 characters long and contain at least 1 number, 1 uppercase and 1 lowercase letter.
  • An email will be sent to the email entered when completing the required fields.
    • Go to your email account and locate the registration email and click on the registration link to complete your account creation.
    • If copying the registration link please ensure you copy and paste the entire link into your internet browser.
  • To complete the account verification, log into your account when prompted by entering your username and password.
  • Click Register to finalise and activate your account.

Once your details have been entered and registered, you will not be required to register your details again. You can amend your details at anytime by logging into your account.

If you experience any issues with the account creation process please contact our department on 61 8 6551 4999.

2. Completing the applicant details

Now that you are set up with an account you can start the application. Whenever you start an application for the first time in a new account it will automatically divert you to an Applicant Details form. This must be completed prior to starting any application types and once created cannot be changed. If you are using an existing account, you will be given an option to skip this form if your contact information has not changed.

  1. In the menu bar at the top of the page click on New Lodgement to locate the online application forms
  2. From the drop down menu select the Group as Liquor and then the Type as Occasional Liquor Licence Application. Click on Submit to start the form.
  3. Complete the Liquor Licence Applicant Details form
    • Ensure you read the Instructions page carefully
    • Please note that if this is a new account you cannot Save this form and return to it at a later date, it must be completed in full and submitted the first time around to properly set up the account. If you have to exit the form for whatever reason you will be required to restart the application to return to this point.
  4. Click on Submit to complete the form. You will then get your Applicant Reference Number. If you need to contact us you can use this number as a reference to assist us with any enquiries.
  5. Click on Continue to proceed through to the Liquor Licence Application form. If you click on continue and it does not automatically start the next form please return to New Lodgement, select the form type again, and choose to skip the Applicant Details form to proceed.

 

New lodgement Occasional Liquor Licence step 2 screenshot

3. Complete the Liquor Licence Applicant Details form

The application form works the same way as the Liquor Licence Applicant Details form, just with different questions. Read through each question carefully and remember to save your form often.

This form is designed to be intuitive, when you answer a question it will change the form to allow you to provide more information. Please be sure to give the pages a few moments to update when you select an option in case it needs to create more fields for you to fill out.

If you do not have the information required at hand you can save your form and return to it later via the My Account page. Clicking on Save will create a link on the My Account page under Saved Forms. You can click on Resume to proceed or Delete to remove the saved form.

It is recommended you keep a copy of the application form for your records. You can only do this prior to submitting the application. Clicking on the PDF button will create a PDF of the application form in its current state for you to save to your computer.
Applicant details continue through to application form screenshot Occasional online form screenshot

Step 4: Making payment

Upon submission of the form click on the Pay Fee button to view the payment options and make payment.

Payment for online lodgement can be made online via BPOINT. To pay via any other method, including BPay, please click the View Quote button. This will generate a quote with payment details and your unique application number.

Please make sure to quote the Application Reference Number when submitting any enquiries or manual documents in relation to this application.

When the fee is paid the date of lodgement will be the date the payment is receipted by the licensing authority. It generally takes 1-2 business days for the fee to register on our system. Please be aware that we will be unable to issue you with an official receipt until the fee has fully registered. When you make payment online you will instead be offered a payment confirmation slip which you can retain as evidence of payment if required.

For a full list of the fees and charges please refer to the fees and charges page.

Permanent online step 4 making payment screenshot

What happens next?

Once your application is submitted successfully, if further information is required, a Customer Service Officer will contact you, otherwise you will be advised of the outcome of your application via email in due course.

Related policy

Exemptions to the Liquor Control Act 1988

May 30, 2019, 10:07 AM
Title : Exemptions to the Liquor Control Act 1988
Introduction : Guidance on specific circumstances where the sale, supply and consumption of liquor is exempt from the application of the Act under the Liquor Control Regulations 1989.
Select a publication type : Factsheet

Purpose

This factsheet summarises the exemptions which are set out in the Liquor Control Regulations 1989 (the LC Regs).1

A primary object of the Liquor Control Act 1988 (the LC Act) is to minimise harm caused by alcohol. The LC Act does this by regulating the sale, supply and consumption of alcohol. Selling alcohol is defined very broadly and includes:

  • selling, offering for sale, or bartering
  • sending or delivering for sale
  • auctioning
  • supplying (for free or for money), where the person supplying the alcohol is likely to gain customers, or a monetary or commercial advantage.2

The LC Act regulates the premises where alcohol is sold, and the services and facilities which can be provided with alcohol. However, there are some circumstances where the provisions of the LC Act do not apply.3

The exemptions provided for in the LC Regs are for relatively controlled circumstances where it is expected that only small amounts of alcohol will be consumed, usually in a social setting where relatively few people are in attendance. The following exemptions only apply when all the conditions set out in the LC Regs are met:

Live entertainment venues

Alcohol cannot be sold or supplied at a live entertainment venue without a liquor licence, however the consumption of BYO alcohol will be allowed if all the requirements of the ‘live entertainment venue’ exemption are met.4 The main purpose of the event must be the provision of live entertainment at the premises, with any consumption of alcohol only ancillary to this purpose.

The live entertainment must be musical, theatrical, comical, or dance, provided by one or more persons who are present at the venue.5 It must be continuous, though reasonable breaks are allowed, such as intervals or breaks between acts. Any person consuming alcohol must be at least 18 years old.

Live entertainment does not include:

  • sporting contests
  • recorded music, with or without presentation by a DJ, (unless this is only incidental to the live entertainment)
  • broadcasts or transmissions, whether live or with a delay.

The person in charge of the premises must notify the Director of Liquor Licensing (DLL) that the exemption is going to be relied on to allow the consumption of alcohol on the premises. The Notice of intention to allow consumption of liquor at a live entertainment venue form is available to download. The completed form must be received at least 14 days before the person intends to rely on the exemption.

The person in charge of the premises, and any person providing services on the premises, must not have had a liquor licence suspended, been disqualified from holding a liquor licence, been the subject of a prohibition order or found not to be a fit and proper person.6

The following criteria must always apply at the premises, for the exemption to apply:

  • no more than 200 patrons are present at any one time
  • the person in charge is not a juvenile
  • juveniles are not allowed unless under the supervision of a responsible adult (unless they are providing services on the premises)
  • drinking water is always available when alcohol is consumed
  • drunk people are not allowed to consume alcohol
  • indecently dressed persons, indecent behaviour or restricted material7 are not allowed.

It is an offence for any person to sell or supply alcohol to, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,0008
  • drunk person — subject to a penalty of $10,000 for the owner of the premises, and for anyone else, a penalty of $2000.

Small functions

Alcohol can be sold or supplied to attendees of a small function, without the organiser holding a liquor licence, if all the following criteria are met.9

A function is a gathering, occasion or event where alcohol will be sold or supplied, and can include a sporting contest, show, exhibition, fair, or reception.10 Alcohol can only be consumed at the function, and not packaged for consumption elsewhere. This sense of function denotes a special event or occasion and does not apply to ‘business as usual’ activities such the ongoing sale of alcohol at a licensed premises. The exemption only applies if the service of alcohol is not the primary purpose of the function, so anyone proposing to supply alcohol as a business model cannot rely on the small functions exemption and must apply for a liquor licence.

At the function, alcohol can be served:

  • to people over 18 years old
  • no earlier than 6am and no later than 10pm
  • for a maximum of 2 continuous hours if there are no more than 100 attendees, or for 4 continuous hours if there are no more than 75 attendees.11

It is not permitted to serve alcohol to drunk people or allow drunk people to consume alcohol at the function. It is an offence for any person to sell or supply alcohol to, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,00012
  • drunk person — subject to a penalty of $10,000 for the owner of the premises, and for anyone else, a penalty of $2000.

Complimentary supply by business

A business can provide free alcohol to a customer without a liquor licence if the following criteria are met.13 The alcohol is to be provided:

  • by the business owner, or their employee, contractor or agent
  • on the business premises, ancillary to the business (for example, the business does not usually sell alcohol and the alcohol is provided to promote the business)
  • for consumption on the premises, no more than 2 standard drinks14
  • for consumption off the premises, no more than 1 litre in a sealed container
  • to a person who is not drunk and a drunk person is not allowed to consume the alcohol on the business premises.

Examples of businesses making use of this exemption would include a hair salon offering a complimentary glass of wine or champagne to a client, or a real estate agent offering a complimentary bottle of champagne to a home buyer.

Tourism operators

A tourism business does not need a liquor licence to supply alcohol to a customer, if all the following criteria are met:15

  • the business is certified under the Australian Tourism Accreditation Program
  • the person supplying the alcohol:
    • is the person carrying on the tourism business, or their employee, contractor or agent
    • has successfully completed a course approved by the Director of Liquor Licensing (the DLL) in the responsible sale, supply and service of alcohol
    • provides free alcohol, which is only provided ancillary to the main purpose of providing a tourism service to the customer
    • only supplies alcohol to people who are at least 18 years old.

The alcohol must not be supplied:

  • at a licensed premises
  • on a public road16
  • in a restricted area17
  • without the consent of the occupier, or person in authority of the place where it is consumed
  • to a drunk person, and a drunk person is not allowed to consume alcohol at the place or premises.

Farmers’ markets

A liquor licence is not required to sell or supply alcohol from a stall at a farmers’ market if all the exemption criteria are met.18 A farmers’ market is a market or fair where primary producers 19 display and sell direct to the public. The stall must be provided by one or more alcohol producers, or an alcohol producers’ association, and sell the alcohol produced by these parties.

If it is being consumed at the farmers’ market the alcohol can only be provided as a free sample.20 If it is being consumed away from the farmers’ market it must be:

  • in sealed containers of no more than 9 litres to any one person in a day
  • by way of an order for alcohol to be supplied at a future date.

Alcohol must not be supplied to a person under the age of 18, or to a drunk person, and drunk people must not consume the alcohol near the stall.

It is an offence for any person to sell or supply alcohol, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,00021
  • drunk person — subject to a penalty of $10,000 for the owner of the premises, and for anyone else, a penalty of $2000.

Bed and breakfast

A liquor licence is not necessary for alcohol to be provided at a bed and breakfast, if the exemption criteria are met.22

A bed and breakfast operator can supply free alcohol to an adult staying at their facility. It must be consumed on the premises and not be more than 1.5 litres of alcohol, for the duration of that person’s stay. No more than 8 persons can stay at the facility at any one time.

The bed and breakfast operator must purchase the alcohol from someone who holds a licence authorising them to sell packaged liquor, or who has a club or wholesaler’s licence.

If they meet the relevant criteria, a bed and breakfast operator could consider relying on the tourism operator’s exemption, instead.

Organisers of functions on licensed premises

The organiser of a function at a licensed premises does not need a liquor licence if all the exemption criteria are met.23

The organiser must enter into a profit sharing arrangement with the holder of a liquor licence, which is approved by the Director of Liquor Licensing (the DLL).24 The DLL will not approve a profit sharing arrangement unless the relevant liquor licence permits the sale and supply of liquor to the public for consumption on the premises. The licences for liquor stores, wholesalers and clubs do not allow the general public to consume alcohol on the premises, so these venues cannot use this exemption.

The profit sharing arrangement is to set out that at the function the licensee will provide the venue, food and alcohol, at a fixed price to the organiser and the organiser is to arrange the advertising and ticket sales.

The ticket price includes admission and the provision of alcohol, food and entertainment during the function. All advertising for the function is to include a reference to the terms of the licence under which the supply of alcohol is authorised. Alcohol can only be provided to people who are at least 18 years old.

Charter vehicles

A liquor licence is not needed to provide alcohol to adult passengers in a charter vehicle if the conditions of this exemption are met.25 When the passengers are consuming alcohol the vehicle must be subject to an on-demand charter vehicle authorisation under the Transport (Road Passenger Services) Act 2018, and be equipped to carry no more than 14 adult passengers, excluding the driver. The hire must be for at least one continuous hour and arranged before the trip started.

Any juveniles must be accompanied by, and under the supervision of, a responsible adult. The driver of the vehicle must not allow a drunk person to consume liquor in the vehicle.

This exemption does not apply if the vehicle is being hired to take school students to or from school functions, such as a school ball.

It is an offence for any person to sell or supply alcohol, or allow the consumption of alcohol by a:

  • juvenile — subject to a penalty of $10,00026
  • drunk person — subject to a penalty of $10,000 for the owner of the vehicle, and for anyone else, a penalty of $2000.

Warehouse

A liquor licence is not necessary when a person who is the proprietor of licensed warehouse27 sells liquor in bond to a person who proposes to personally take it outside of Australia.

Transport services

The sale and supply of alcohol is exempt when it occurs:

  • on an interstate rail passenger service to or from Perth28
  • on an aircraft during a flight29
  • on a commercial vessel on an inter-state or overseas voyage30
  • to the master of a ship as ship’s stores, for consumption once the ship is outside WA’s territorial seas31
  • on an intra-state cruise ship, to adult fare-paying passengers who are not drunk.32

Delivery of gifts

An exemption applies to the sale or supply of alcohol, which is delivered with flowers, food or other products, if the gift is delivered between 7am and 7pm and packaged as a gift. The business of the supplier must be genuinely marketed as a service for the sale and delivery of gifts. The person receiving the gift must be an adult, and not the vendor, supplier or purchaser of the gift.

The alcohol supplied must:

  • not exceed 2 litres
  • have been purchased by the supplier from the holder of a hotel or liquor store licence
  • not be worth more than half the purchase price of the gift (including the container).

This exemption does not apply in a restricted area, or to liquor restricted premises.

Lottery prize

The sale or supply of alcohol as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the LC Act.

Food essence

Alcohol based food essence is defined as liquor for the purposes of the LC Act33 but a person may sell it if they have the written authorisation of the DLL.34

Alcohol based food essence is defined as a liquid flavouring that exceeds 1.15% ethanol in a container holding:

  • 100 millilitres if it is natural vanilla essence; or
  • 50 millilitres if it is any other flavour.

Health care services and retirement villages

In a health care setting or retirement village, certain people may sell or supply alcohol to patients or residents without the LC Act applying,35 as set out in the following table:

Alcohol may be provided by someone who:to a person who is a:
conducts or manages a nursing home36patient and resident of the home, or their guest
conducts or manages a hospital37patient of that hospital
conducts or manages a private psychiatric hostel38resident of that hostel
is an approved provider of residential careresident of the facility, or their guest
owns or operates a retirement villageresident of the village, or their guest
is a resident of a retirement village and is a member of a residents’ committee, subcommittee, incorporated association or other body of residentsresident of the retirement village or their guest

Liquor competitions

A liquor competition39 is a competition where:

  • alcohol of a particular type is assessed by a judge in a systematic manner against criteria such as colour, appearance, aroma and taste
  • the judge has expertise in relation to the type of alcohol in the competition
  • after judgment the alcohol is allocated a score
  • alcohol entered into the competition receives prizes or acknowledgments
  • the purpose of the competition includes highlighting those producers whose alcohol is of the best quality, and to provide a forum to educate alcohol producers
  • the alcohol is sold or supplied by way of sample
  • the sale or supply, and consumption, of the alcohol is incidental to the competition.

At the competition, alcohol may be sold or supplied to a person who is at least 18 years of age and is not drunk, if they are one of the following:

  • a judge
  • a steward
  • a producer who entered alcohol into the competition.

If all these criteria are met, the competition is exempt from the LC Act.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s6(1)(o)
  2. LC Act s3
  3. LC Act s6
  4. LC Regs r8A
  5. LC Regs r8A(1)
  6. LC Regs r8A(1), the person in charge of the premises must not have been subject to a ‘negative determination’, that is, a refusal of an application under the LX Act on the grounds of them not being a fit and proper person
  7. Restricted materials include publications, films or computer games classified as RC under the Classification (Publications, Films and Computer Games) Act 1995
  8. LC Regs r18 provides that premises subject to the live entertainment exemption are ‘regulated premises’, for the purpose of LC Act s122. LC Act s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LC Act s122 penalty for providing alcohol to juveniles applies, and also the LC Act s115 penalties for providing alcohol to drunk people.
  9. LC Regs r8B
  10. LC Act s3
  11. When counting attendees, it is not necessary to count anyone providing services at the function
  12. LC Regs r18(d) provides that premises subject to the small function exemption are ‘regulated premises’, for the purpose of LC Act s122. LC Act s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LC Act s122 penalty for providing alcohol to juveniles applies, as does the LC Act s115 penalties for providing alcohol to drunk people.
  13. LC Regs r8C
  14. LC Regs r3A — a standard drink has no more than 10 grams of ethanol at 20°C
  15. LC Regs r8CA
  16. Road Traffic (Administration) Act 2008 s4
  17. LC Act s175(1a)
  18. LC Regs r8D
  19. A primary producer is defined as a person who carries on a business of agriculture, pastoral pursuits, horticulture, grazing, dairy farming, beekeeping, orcharding, viticulture, silviculture or other similar farming activities
  20. LC Regs 5A
  21. LC Regs 18(e) provides that premises subject to the farmers’ market exemption are ‘regulated premises’, for the purpose of LCA s122. LCA s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LCA s122 penalty for providing alcohol to juveniles applies, as does the LCA s115 penalties for providing alcohol to drunk people.
  22. LC Regs r8(1)(j)
  23. LC Regs r8E
  24. LC Act s104
  25. LC Regs r8F
  26. LC Regs r18(f) provides that vehicle subject to the charter vehicle exemption is a ‘regulated premises’, for the purpose of LC Act s122. LC Act s122 ensures that the definition of ‘regulated premises’ applies throughout the LC Act. This means that, despite the exemption, the LC Act s122 penalty for providing alcohol to juveniles applies, as does the LC Act s115 penalties for providing alcohol to drunk people.
  27. LC Regs r8(1)(a)
  28. LC Regs r8(1)(b)
  29. LC Regs r8(1)(i)
  30. LC Regs r8(1)(ja)
  31. LC Regs r8(1)(e)
  32. LC Regs r8(3)
  33. LC Regs r4A
  34. LC Regs r8(1)(g)
  35. LC Regs r8(1)(h)
  36. Private Hospitals and Health Services Act 1927 s2(1)
  37. Health Services Act 2016.
  38. Private Hospitals and Health Services Act 1927 s2(1)
  39. LC Regs r8G.
Tags :
  • exemption
  • liquor
  • occasional
Categories :
  • Liquor
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Page reviewed 06 December 2023