New liquor licensing exemptions

Amendments to the Liquor Control Regulations 1989 took effect on 16 July 2011, and as a result a number of circumstances became exempt from the application of the Liquor Control Act 1988 (“the Act”).

The situations considered exempt are summarised below:

Live Entertainment Venues

Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act. There are a number of conditions attached to the exemption, for example:

  • venue can have a maximum of 200 patrons;
  • the person in charge and employees cannot have been found ‘not fit and proper’ to have an interest in any licence under the Act; nor can they be the subject of a prohibition order;
  • the person in charge must notify the Director of their intention to allow consumption of BYO liquor on the premises (at least 14 days prior to this occurring).

Small Occasional Functions

The sale and supply of liquor is exempt, provided the serving of liquor is ancillary to the purpose of the function and:

  • The total number of attendees does not exceed 100 and the service of liquor is limited to two hours; or
  • The total number of attendees does not exceed 75 and the service of liquor is limited to four hours.
  • The function must commence after 6am and finish by 10pm on the same day.

Complimentary Supply By Business

A business may supply a customer with a maximum of two standard drinks (or one litre of takeaway packaged liquor), provided the supply of liquor is gratuitous and ancillary to the purpose of the customer’s attendance at the business.

Farmers’ Markets

Where liquor producers have an association or representative body that hosts a cooperative stall at a local farmers market in an agricultural region, liquor may be sold (provided it is no more than 2.5 litres) or provided by way of free sample. Orders for larger quantities can be taken, to be supplied at a later date.

Organisers of Functions on Licensed Premises

The organiser of a function may enter into an arrangement with a licensee of a licensed premises (other than a club or club restricted licence) where:

  • the licensee provides the venue, food and liquor; and
  • the organiser arranges for the function to be advertised to the public and for the sale of tickets.

The organiser of the function will not need to obtain a licence, however any profit sharing arrangement must still be approved by the Licensing Authority.

Small Charter Vehicles

The consumption of BYO liquor in small charter vehicles (licensed as SCV plated or PT (country charter) plated vehicles which can carry a maximum of 14 passengers) is exempt. The purpose of the vehicle hire can not include school based functions.

Commercial Vessels

The sale/supply of liquor on commercial vessels (ships) during the course of an inter-state or overseas voyage is exempt from the Act.

The above premises have also been prescribed as regulated premises under regulation 18, therefore offence provisions apply to the sale/supply of liquor to juveniles and drunk persons.

For further details on the exemptions, please see the Director’s policy titled “Exemptions to the Liquor Control Act 1988” or view the Liquor Control Regulations 1989 at www.slp.wa.gov.au

An FAQ is available.

Last updated: 16/03/2015 15:23:30 PM

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