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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Liquor Licensing Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 41 amended 2
5. Section 46 amended and transitional provision 2
6. Section 77 amended and transitional provision 3
page i
69--1B
Western Australia
LEGISLATIVE ASSEMBLY
Liquor Licensing Amendment Bill 2001
A Bill for
An Act to amend the Liquor Licensing Act 1988.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Liquor Licensing Amendment
Act 2001.
page 1
Liquor Licensing Amendment Bill 2001
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
5 3. The Act amended
The amendments in this Act are to the Liquor Licensing Act
1988*.
[* Reprinted as at 23 February 2001.]
4. Section 41 amended
10 Section 41(2) is repealed and the following subsection is
inserted instead --
"
(2) Subject to this Act, during permitted hours the licensee
of a hotel licence is authorised to keep open the
15 licensed premises, or part of those premises, and, while
those premises are open --
(a) is required to sell liquor on the premises to any
person for consumption on the premises; and
(b) may, unless the licence is a hotel restricted
20 licence, sell packaged liquor on and from the
premises to any person.
".
5. Section 46 amended and transitional provision
(1) Section 46(1), (2) and (3) are repealed and the following
25 subsections are inserted instead --
"
(1) The licensing authority shall not grant a special facility
licence except for a prescribed purpose.
page 2
Liquor Licensing Amendment Bill 2001
s. 6
(2) The licensing authority shall not grant a special facility
licence if granting or varying a licence of another class,
or imposing, varying or cancelling a condition on a
licence of another class, or issuing an extended trading
5 permit in respect of another class of licence, would
achieve the purposes for which the special facility
licence is sought.
(2a) Subsection (2) applies --
(a) whether or not an application has been made
10 for a grant, variation, imposition, cancellation
or issue referred to in that subsection; and
(b) even if such an application has been made and
has been refused.
(2b) The application for a special facility licence must
15 demonstrate how the business for which the licence is
sought meets any of the prescribed purposes for which
a special facility licence may be granted.
(3) If a special facility licence is granted, it must be
granted on such terms and conditions as are necessary
20 to ensure that the licence is used only for the prescribed
purpose for which it is granted.
".
(2) An application for a special facility licence made under the
Liquor Licensing Act 1988 before the commencement of this
25 section and not determined before then must be determined in
accordance with the Liquor Licensing Act 1988 as amended by
this section.
6. Section 77 amended and transitional provision
(1) After section 77(5) the following subsection is inserted --
30 "
(5a) An application for the alteration or redefinition of
licensed premises as defined in a licence that seeks to
page 3
Liquor Licensing Amendment Bill 2001
s. 6
include in those licensed premises an area that is not
contiguous with those licensed premises shall not be
approved by the licensing authority unless section 80
applies or the premises --
5 (a) are entered in the Register of Heritage Places
compiled under the Heritage of Western
Australia Act 1990; or
(b) are of a prescribed type or class.
".
10 (2) An application made under section 77(4) of the Liquor
Licensing Act 1988 before the commencement of this section
and not determined before then must be determined in
accordance with the Liquor Licensing Act 1988 as amended by
this section.
15
page 4
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