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Liquor Control Act key information – what you need to know

Changes by licence type

Small bars

• You can now apply to increase your venue’s capacity from 120 to 150 people.
• Existing small bars can apply using Form 11. The application fee will be waived.
• Applications will be assessed to confirm if your venue can safely accommodate more people.
• Trading hours on Christmas Day, Good Friday and Anzac Day are now 10.00 am to midnight.
• You no longer need to serve alcohol with a meal on these days.

More information on small bar licences can be found here.

Producers of spirits

• If you are approved to produce and sell spirits you can now sell ready-to-drink beverages (such as hard seltzers) made from spirits you produce or distil from your own wine.
• You cannot use spirits from other producers.
• To add this condition to your current producer’s licence, submit a Form 11. The application fee will be waived.
• If you are not currently permitted to sell spirits you will need to submit a Form 11 and pay the application fee.
• Trading hours on Christmas Day, Good Friday and Anzac Day are now 10.00 am to midnight.
• You no longer need to serve alcohol with a meal on Christmas Day or Good Friday.

More information on producers licences can be found here.

Hotels and taverns

• Christmas Day, Good Friday
  • You can now trade from 10.00 am to midnight
  • Alcohol can be served without a meal, but only for consumption on the premises
  • Packaged liquor sales are not permitted on these days
•  Anzac Day
  • You can now trade from 10.00 am to midnight
  • Alcohol can be served without a meal, but only for consumption on the premises
  • Packaged liquor sales are permitted.

More information on hotel and tavern licences can be found here.

Clubs

• Christmas and Good Friday mornings:
  • You can trade until 12.30 am, then from 10.00 am to 10.00 pm.
  • Alcohol can be served without a meal, but only for consumption on the premises.
• Packaged liquor sales are not permitted on these days.
• Anzac Day:
  • If it falls on a Sunday, you can trade until 1.00 am, then from 10.00 am to midnight.
  • On other days, you can trade until 12.30 am, then from 10.00 am to midnight.
  • Packaged liquor sales are permitted to members.

More information on club licences can be found here.

Nightclubs

• You can remain open until 5.00 am on Christmas Day and Good Friday, then reopen at 8.00 pm and trade until 2.00 am the next day.
• On Anzac Day, the same hours apply depending on the day of the week.

More information on nightclub licences can be found here.

Restaurants

• Licensed restaurants can now open at 10.00 am on Anzac Day.

More information on restaurant licences can be found here.

Updated trading hours on my physical licence

Changes to the Liquor Control Act 1988 (Act) may affect your trading hours. The information below provides guidance on how individual licences will be updated:

• Scenario 1 – If your licence currently says “The permitted trading hours are those prescribed in s 98 of the Act for a [licence type] licence’ you don’t need to do anything.
• Scenario 2 – If your licence has shorter trading hours that what the Act allows (for example, earlier closing times), you’ll need to apply and pay a fee to change your trading hours.

If you only want to remove the condition that liquor must be sold with a meal on Good Friday and Christmas Day, there is no fee.
You must keep the current copy of your licence to meet your obligations as a licensee and to show an authorised officer if they ask for it. Our staff are aware of the amendments to the Act. 

Other key changes

Extended trading permits (ongoing hours)

• You no longer need to renew your ETP every 10 years.
• All ETPs now remain valid for the life of the licence, unless cancelled.

Proof of age

• Approved digital forms of identification (ID), such as digital drivers’ licences, are accepted.
• Digital IDs must be shown in their original format. Photos or screenshots cannot be accepted.
• You cannot insist someone hand over their device or confiscate their device.
• However, they must be able to display and verify the ID.
• For more information, visit Proof of Age.

Business continuity orders

• These were previously called protection orders.
• You now have three months (instead of 28 days) to apply if you need to continue operating a licensed business when the licensee no longer has a right to the licence.

Notifying the Director of Liquor Licensing

• You must notify the Director in writing in the following cases:
  • Licensees or Approved Managers must report any conviction within 14 days.
  • Freehold owners must report address changes within 7 days.
  • Individuals can request to be removed from a jointly held licence through informal written application.

Penalties

• Penalties have been increased under the Act to strengthen deterrence measures.
• The largest increases apply to sly grogging offences, such as selling liquor without a licence now carries a fine of up to $50,000.
• In areas where carriage limits apply, carrying liquor exceeding those limits can lead to a fine of up to $40,000.
• This reflects the serious impact that the illegal sale and transport of liquor can have on vulnerable individuals and communities.

Lodgers

• Provisions in the Act limiting the amount a lodger could claim for lost goods have been removed.
• Future lost item claims will be a matter for licensee insurance
   

If you have any questions about how the amendments have impacted your particular licence, please contact Liquor Compliance on (08) 6551 4888 or at liquor.compliance@lgirs.wa.gov.au