Licence types, trading hours, approved managers, restrictions and information for licensees
There are different types of liquor licences available in Western Australia, each with its own conditions.
Most applications have to be advertised in order to inform the community. Objections to applications must be made to the department.
Ensuring all licences are granted on the basis that they are in the best interests of the public and are consistent with the Liquor Control Act.
A public interest assessment outlines how a proposed premises will impact on a community and outline of how the applicant will manage any impact.
Where licensees wish to extend their predetermined trading hours/area or manner of trade as afforded in the Act.
Forms and checklists for liquor licensees.
Requirements when applying for a liquor licence as per the Liquor Control Act 1988 (the Act) including who can apply for the grant of a licence.
Information for licensees about the promotion of liquor.
The pub game Chase the Ace is what is known as a trade promotion lottery, and is generally held in hotels and taverns.
A juvenile is someone who is under the age of 18 years and is not permitted by law to purchase liquor either on premises or off premises.
Liquor restrictions across Western Australia.
Generally, if an applicant is dissatisfied with the decision handed down by the Director of Liquor Licensing, they have the right to apply for a review to be carried out by the Liquor Commission.
The review application needs to be submitted to the commission within 28 days of receiving the director's decision. The commission may grant an extended period for applications to be submitted.
Decisions relating to the conduct of business under an extended trading permit or occasional licence can't be reviewed by the commission. This includes the cancellation, variation or suspension of either type of licence.
When conducting a review, the Liquor Commission can only consider the same application and evidence that was originally submitted to the Director of Liquor Licensing.
The commission must consist of three members if:
An application for a review of a decision to cancel a licence can only be made on a question of law, that is, on the perceived basis that the director has misinterpreted the Liquor Control Act in making the original decision.
When conducting a review based on a question of law, the commission must include one member who is a legal practitioner.
The commission may:
The Liquor Control Act 1988 plays a significant role in contributing to the minimisation of the harm caused to people through the consumption of alcohol.
One of the key objectives of the Act is 'To minimise harm or ill-health caused to people, or any group of people, due to the use of liquor'.
support the overarching objectives set out in the Act, the Director of
Liquor Licensing has constructed policy to assist licensees apply
harm-minimisation principles in their venues.
Effective date: 28 August 2000Last amended: 19 December 2018Next review: December 2020
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.
Alcohol is no ordinary substance. It has the potential to cause harm if served or consumed in an irresponsible manner. As such, the sale, supply and consumption of liquor needs to be carefully regulated.
In this context, one of the primary objects under section 5(1) of the Liquor Control Act 1988 (‘the Act’) is:
“to minimise harm or ill health caused to people, or any group of people, due to the use of liquor”
Section 64(3) of the Act also empowers the licensing authority to impose conditions on a licence that are in the public interest and reflect local issues. Those conditions are primarily aimed at ensuring that liquor is sold and consumed in a responsible
In view of these legislative requirements, there is a need for licensees to demonstrate a strong commitment to the way in which their premises are being managed. For this reason, applicants and licensees under the Act need to demonstrate to the
licensing authority that:
Accordingly, on the lodgement of any application under the Act (except where the application relates to wholesalers and occasional licences) the applicant will not only be required to meet the statutory requirements in respect of the application, but
will also be required to address the principles of harm minimisation.
Applicants will be required to lodge with their application a copy of the premises’ House Management Policy, Code of Conduct, and Management Plan.
This policy is to comprise a generic statement of intent about the way in which the licensee wishes to operate the premises. It should be supported by the Code of Conduct and the more detailed Management Plan.
This code should be a concise document which identifies the licensees’ commitment to:
This document should identify, in detail, how the House Management Policy and the Code of Conduct will be implemented at the licensed premises. For example, the Management Plan should confirm that the licensee has successfully completed the
approved Course in the Management of Licensed Premises and that any approved managers have obtained the appropriate approval from the licensing authority. The Plan should also provide details on:
These Management Plan strategies are not an exhaustive list as the Management Plan should be a working document that responds to changes in the manner of trade and changes in patron needs and behaviours over time.
It should be noted that where the licensing authority determines that the grant of the application is in the public interest, it has discretion to formulate and impose conditions on the licence or permit that have regard to these documents.
It is understood that the complexity of the above documents will vary substantially according to the licence type, the nature of business conducted under the licence and it’s location.
As part of the approval of applications, it will be a condition of the licence that the House Management Policy, the Code of Conduct and the Management Plan are maintained on the licensed premises. These three documents can be paper based or stored
All three documents must be made available at the licensed premises to an authorised officer if requested to do so or to a patron upon request.
Licensees are encouraged to display the Code of Conduct, the House Management Policy and the Management Plan on their websites to promote their commitment to harm minimisation and allow patrons easy access to this information.
When an application is made for a liquor licence, the applicant must indicate:
Applicants will be required to show that they have developed the following three documents for their venue:
A House Management Policy is a generic statement of intent on the way the licensee wishes to operate the premises.
Outlines the licensees' commitment to:
Management Plan details how the House Management Policy and the Code of
Conduct will be implemented, and should confirm that the licensee and
approved manager have successfully completed their training
Details should also be provided outlining:
The House Management Policy and the Code of Conduct and the Management Plan need to be available for inspection on the licensed premises.
Under the Liquor Control Act, a person is 'drunk' if:
Under the Act, it is an offence for any person on a licensed or regulated venue to:
The definition removes the defence that allows offenders to
create a reasonable doubt, by suggesting that the impairment of their
speech, balance, co-ordination or behaviour may have been caused by
other factors such as drugs, fatigue, or mental abnormality.
Where liquor is sold and supplied for consumption on the
premises, all licensees are required to provide potable drinking water
for patrons to consume on the premises free of charge during trading
In order to comply with the minimum requirement, venues are able to choose to provide water:
must be clean and refreshed regularly. Warm or hot water will not be
considered compliant with this condition nor will the use of hand basins
taps in toilet facilities be considered as compliant with this
Failure to provide free drinking water at a Licensed venue:
Do not submit enquiries with this form.