Changes to liquor without a meal rules

An amendment to the Liquor Control Regulations 1989 makes it easier for restaurants that accommodate 120 persons or less to apply for a Liquor Without a Meal (LWM) permit. The new modified process is effective from 4 June 2013.

Among other things, the amendment means qualifying applicants will no longer be required to provide a Public Interest Assessment when applying for a LWM permit.

Applicants who qualify for this form of LWM permit will pay less for the permit, with the fee being reduced to just $50, and the permit will be issued within 10 days of the application being lodged with the Department.

It will also not be necessary for the application to be accompanied by a section 40 planning approval certificate, however applicants must ensure their business is conducted in accordance with the relevant local government town planning scheme.

Under the new permit, liquor without a meal can only be able to be served between 6am and midnight, Monday to Saturday, and between 10am and 10pm on Sundays.

It is important to note that the supply of liquor without a meal only applies to patrons seated at tables, and the maximum number of 120 persons includes, staff, and patrons both inside the venue and those seated in outside areas such as footpaths and al fresco areas.

Restaurants with a seating capacity greater than 120 persons can also apply for the new LWM permit, however in such cases the license will be conditioned to reflect a maximum of 120 persons on the premises at any one time.

It should be noted that in accordance with the Liquor Control Act 1988, business conducted at a restaurant must “consist primarily and predominantly of the regular supply to customers of meals to be eaten there”, regardless of whether a restaurant has a LWM permit or not.

Click here to access the LWM permit application kit and Frequently Asked Questions.

Last updated: 22/05/2015 12:17:01 PM

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