Western Australian Consolidated Acts

LIQUOR CONTROL ACT 1988

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   3A.     Meaning of “drunk”  
   4.      Storage of liquor on licensed and approved premises etc.  
   5.      Objects of the Act  
   6.      Act not to apply in certain cases  

   PART 2 -- The licensing authority  

           Division 1 -- The licensing authority  

   7.      Constitution of the licensing authority  

           Division 2 -- The Liquor Commission  

   8.      Commission established  
   9.      The Commission’s jurisdiction  
   9A.     Constitution of Commission  

           Division 2A -- Members of the Commission  

   9B.     Commission members  
   9C.     Tenure of office  
   9D.     Deputy chairperson  
   9E.     Removal or resignation  
   9F.     Leave of absence  
   9G.     Termination of term of office may be deferred  
   9H.     Remuneration and conditions of members  

           Division 2B -- Other matters  

   9I.     Decisions of the Commission  
   9J.     Official seal  
   9K.     Annual reports  
   9L.     Laying annual report before House of Parliament not sitting  
   9M.     Immunity  

           Division 3 -- The Director of Liquor Licensing  

   13.     The Director  
   14.     Staff  

           Division 4 -- Other staff of the licensing authority  

   15.     Delegation and authorisation by the Director  

           Division 5 -- Proceedings before the licensing authority  

   16.     Procedure  
   17.     Representation  
   18.     Powers with respect to witnesses and evidence  
   18A.    Enforcement of decisions  
   19.     Enforcement of orders  
   20.     Contempt etc.  
   21.     Costs  
   22.     Rules of the Commission  
   23.     Proof of authority and indemnity  

           Division 6 -- Reference to the Commission, review and appeals  

   24.     Director may refer matters to the Commission  
   25.     Application for review of a decision by the Director  
   26.     Certain decisions of Director to be given effect unless otherwise directed  
   27.     Case stated on question of law  
   28.     Appeals  
   29.     Licence or permit continues to have effect pending appeal  

           Division 7 -- Confidential police information  

   30.     Confidential police information  

   PART 3 -- Licences and permits  

           Division 1 -- General matters  

   30A.    Licensing authority may grant licences to sell liquor  
   30B.    Power of attorney does not empower donee to act for licensee under this Act  
   31.     Licences, generally  
   32.     Duration of licences  
   33.     Discretion vested in licensing authority  
   34.     Restrictions on certain applications  
   35.     Persons who may hold licences  
   35A.    Trustees  
   35B.    Approval of person as manager  
   36.     Limitation on dual licensing of premises  
   36A.    Petrol stations in some areas not to be granted licences  
   37.     Requirements relating to licences and permits, generally  
   37A.    Director to be informed of convictions  
   37B.    Taking of fingerprints and palm prints  

           Division 2 -- Licences  

   38.     Licensing authority to be satisfied that certain applications are in the public interest  
   39.     Certificate of local government  
   40.     Certificate of local planning authority  
   41.     Hotel licences  
   42.     Nightclub licences  
   43.     Requirements relating to a nightclub licence  
   44.     Casino liquor licences  
   45.     Requirements relating to a casino liquor licence  
   46.     Special facility licences  
   46A.    Variation of special facility licences  
   46B.    Alternatives to, and replacements of, special facility licences  
   47.     Liquor store licences  
   48.     Club or club restricted licences  
   49.     Requirements relating to a club licence  
   50.     Restaurant licences  
   51.     Liquor in unlicensed restaurants  
   52.     Liquor sold or consumed ancillary to a meal, and evidentiary matters  
   53.     Conditions on authorisation for sale ancillary to a meal  
   55.     Producer’s licences  
   56.     Evidence as to production of liquor  
   57.     Requirements relating to a producer’s licence  
   58.     Wholesaler’s licences  
   59.     Occasional licences  

           Division 4 -- Permits  

   60.     Extended trading permits  
   61.     Requirements relating to permits for an extended area  
   61A.    Limitations relating to permits for extended hours  

           Division 5 -- Conditional grants or approvals  

   62.     Conditional grants or removals for uncompleted premises  
   62A.    Conditional grants pending certain approvals, consents and exemptions etc.  
   62B.    Conditional approvals pending certain approvals, consents and exemptions etc.  

           Division 6 -- Conditions, generally  

   63.     Restriction on power to vary terms fixed or conditions imposed by the Act  
   64.     Power of licensing authority to impose, vary or cancel conditions  
   65.     Conditions relating to sales for consumption off the licensed premises  
   65A.    Petrol station not to be established on premises from which packaged liquor is sold  
   65B.    Prescribed conditions relating to the responsible promotion of liquor  

           Division 7 -- Applications  

   66.     Plans and specifications  
   67.     Advertisement of applications  
   68.     Notice of application, and inspection of records  
   69.     Disposal of applications, and interventions generally  
   70.     Intervention by persons interested in a club licence  
   72.     Requirement for consent of an owner or lessor, and objections by an owner, lessor, lessee or mortgagee  
   73.     General right of objection  
   74.     General grounds of objection  
   75.     Application for an occasional licence  
   76.     Application for an extended trading permit  
   77.     Application for alteration, or redefinition, of licensed premises  

           Division 8 -- Removals  

   78.     Casino liquor licences not removable  
   79.     Application for variation or removal of licences relating to transport may be made informally  
   80.     Temporary removal or redefinition  
   81.     Application for removal  

           Division 9 -- Transfers  

   82.     Transfer of a licence  
   82A.    Transfer of licence between licence holders  
   83.     Certain licences not transferable  
   84.     Application for approval to a transfer  
   85.     Transferee to succeed to certain of transferor’s liabilities and rights  

           Division 10 -- Interim authorisations and protection orders  

   86.     Interim authorisations to carry on business  
   87.     Protection orders  
   88.     Effect of a protection order  
   89.     Disputes as to leases  

           Division 11 -- Suspensions  

   91.     Suspension on ground of public order or safety  
   92.     Suspension where business not carried on  
   92A.    Cancellation of suspension  
   93.     Cancellation of suspended licences  

           Division 12 -- Surrenders  

   94.     Surrender of licences  

           Division 13 -- Disciplinary matters  

   95.     Disciplinary action  
   96.     Disciplinary powers  

   PART 4 -- The conduct of business  

           Division 1 -- Hours of trading  

   97.     Permitted hours of trading  
   98.     Permitted hours under a hotel licence  
   98A.    Permitted hours under a nightclub licence  
   98B.    Permitted hours under a casino liquor licence  
   98C.    Permitted hours under a special facility licence  
   98D.    Permitted hours under a liquor store licence  
   98E.    Permitted hours under a club licence and club restricted licence  
   98F.    Permitted hours under a restaurant licence  
   98G.    Permitted hours under a producer’s licence  
   98H.    Permitted hours under a wholesaler’s licence  

           Division 2 -- Maintenance of the premises  

   99.     Obligation to keep clean and in repair, and directions to make alterations or provide facilities, services etc.  

           Division 3 -- Supervision and management  

   100.    Supervision and management  
   101.    Responsibility of managers etc.  
   102.    Approval of corporate management and control  
   103.    Notification of ownership of licensed premises etc.  

           Division 3A -- Responsible practices in selling, supplying and serving liquor  

   103A.   Responsible practices in selling, supplying and serving liquor  

           Division 4 -- Profit sharing  

   104.    Prohibition of profit sharing etc.  

           Division 5 -- Lodgers  

   105.    Certain persons deemed to be lodgers of licensed premises  
   106.    Liquor supplied to lodgers etc.  
   107.    Liability of licensee for loss of property of lodger  

           Division 6 -- The sale and consumption of liquor, etc.  

   108.    Certain licensees to exhibit charges for meals and liquor  
   109.    The sale of liquor to be authorised under this Act  
   110.    Offences relating to licensed premises  
   111.    Trading outside permitted hours  
   112.    Application of sections 109, 110 and 111  
   113.    Unlawful dealing in liquor  
   113A.   Licensees to include certain details on website  
   114.    Closure of licensed premises by police  
   115.    Disorderly persons etc.  
   115A.   Free drinking water to be provided at certain licensed premises  
   116.    Certain documents to be kept on premises, displayed and produced  
   116A.   Register of incidents at licensed premises to be maintained  

           Division 7 -- Complaints to Director  

   117.    Complaints about noise or behaviour related to licensed premises  

           Division 8 -- Liquor on unlicensed premises  

   118.    Persons purporting to be a licensee  
   119.    Limitations as to liquor on unlicensed premises etc.  

           Division 8A -- Conduct of unapproved businesses on or from licensed premises  

   119A.   Conduct of unapproved businesses on or from licensed premises  

           Division 9 -- Juveniles  

   120.    Juveniles permitted to be present on certain premises  
   121.    Juveniles on licensed premises  
   122.    Juveniles on regulated premises  
   123.    Possession and consumption by juveniles of liquor  
   124.    Sending juveniles to obtain liquor  
   125.    Defences under this Division  
   126.    Suspected juvenile may be required to produce evidence of age, or to leave  
   126A.   Licensees may apply for approval of entertainment for juveniles on licensed premises  
   126B.   Director may approve entertainment for juveniles on licensed premises  

           Division 10 -- Miscellaneous  

   126C.   Crowd controllers to be authorised when exercising powers of removal  
   126D.   Sale of undesirable liquor products  
   126E.   Modified operation of Act for special events  

   PART 5 -- Financial provisions  

           Division 1 -- Licence fees  

   127.    Licence fees  
   128.    Regulations relating to licence fees  

           Division 2 -- Subsidies  

   129.    Terms used in this Division  
   130.    Subsidies to wholesalers and producers  
   131.    Application for a subsidy  
   132.    Director to pay subsidies  
   133.    Consolidated Account appropriated  
   134.    Correcting incorrect subsidy payments  
   135.    Failure to correct incorrect subsidy application  
   136.    Minister may order subsidies to cease  

           Division 3 -- Power of Commission with respect to moneys due  

   143.    Order for payment of money  

           Division 4 -- Records and returns  

   145.    Records of liquor transactions  
   146.    Returns  

           Division 5 -- Recovery of illegal gains  

   147.    Illegal gains, and estimated amounts  

           Division 6 -- Information  

   148.    Power of Director to obtain information and evidence  
   149.    Power of Director to use information  
   150.    Powers of Director in relation to entry and records  
   151.    Authority may assist other authorities  
   152.    Obligation of secrecy  

   PART 5A -- Prohibition orders  

   152A.   Terms used in this Part  
   152B.   Commissioner of Police may apply for prohibition orders  
   152C.   Evidence in support of application  
   152D.   Relevant person to be given notice of application  
   152E.   Director may make prohibition orders  
   152F.   Term of prohibition orders  
   152G.   Applications to vary or revoke prohibition orders  
   152H.   Evidence in support of application  
   152I.   Respondent to be given notice of application  
   152J.   Director may vary or revoke prohibition orders  
   152K.   Notification of orders  
   152L.   Failure to comply with orders  

   PART 6 -- Enforcement  

   153.    Functions of inspectors and other officers of the licensing authority  
   154.    Powers of authorised officers  
   155.    Duties of police  
   156.    Duties of local governments  
   157.    Evasion of fees due etc.  
   158.    Failure to comply with requirements of the licensing authority  
   159.    False or misleading statements and records  
   160.    Power of authorised officers to demand information  
   161.    Search warrants  
   162.    Separate offences and continuing offences  
   163.    Presumption where liquor is supplied without charge but other charges are made  
   164.    Offences by bodies corporate and partnerships  
   165.    Licensee liable for act of employee etc.  
   166.    General penalty  
   167.    Infringement notices  
   168.    Institution of prosecutions  
   169.    Trials and prosecutions  
   170.    Evidence of certain matters  
   171.    Accomplices and evidence  
   172.    Averments, and other evidentiary matters  
   172A.   Forfeiture  

   PART 7 -- General  

   173.    Pending review etc. not to affect liability  
   174.    Service of documents  
   174A.   Application of Criminal and Found Property Disposal Act 2006  
   175.    Regulations  
   177.    Transitional provisions  
   177A.   Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006  
   178.    Review of the Act  
           SCHEDULE 1  
           SCHEDULE 1A -- Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006  
           SCHEDULE 2  
           Compilation table