Western Australian Consolidated Acts Western Australian Consolidated Acts (1aa) For the purposes
of this Act, where a hotel licence is not subject to any condition referred to
in subsection (4) and is subject to —
(a) a
condition prohibiting the sale of packaged liquor; and
(b) a
condition limiting the number of persons who may be on the licensed premises
to a maximum of 120,
it is to be referred
to as a small bar licence, and an application may be made for a small bar
licence if the applicant does not seek another kind of hotel licence.
(1) For the purposes
of this Act —
(a)
where a hotel licence is not subject to any condition referred to in
subsection (4) and is not a small bar licence it shall be referred to as
a tavern licence; and
(b)
where a hotel licence is subject to a condition —
(i)
prohibiting the sale of packaged liquor to persons other
than lodgers; and
(ii)
restricting other sales to liquor sold for consumption on
the licensed premises,
it shall be referred
to as a hotel restricted licence,
and an application may
be made for a tavern licence if the applicant does not seek a licence for a
hotel offering accommodation, or for a hotel restricted licence only.
(2) Subject to this
Act, during permitted hours the licensee of a hotel licence is authorised to
keep open the licensed premises, or part of those premises, and, while those
premises are open —
(a) may
sell liquor on the premises to any person for consumption on the premises; and
(b) may,
unless the licence is a small bar licence or a hotel restricted licence, sell
packaged liquor on and from the premises to any person.
(3) At a time when a
sale of packaged liquor to any other person would not be within permitted
hours, the authority to sell packaged liquor to a lodger extends only to such
quantities as might reasonably be consumed by the lodger on that day.
(4) Unless it is a
small bar licence or a tavern licence, a hotel licence —
(a)
subject to subsection (5) and to any variation under subsection (6),
is subject to the condition that the licensee provides guest accommodation for
any person; and
(b)
subject to subsection (5) and without limiting section 64, is
subject to any condition imposed by the licensing authority requiring meals to
be provided to lodgers.
(5) A licensee is not
required to comply with a condition of the kind referred to in
subsection (4) if —
(a) the
person seeking the guest accommodation or, if applicable, the meal, is a
person who may be refused entry to the licensed premises by the licensee under
section 115(4); or
(b) the
licensee has no available accommodation, or can not provide a meal, by reason
of prior bookings; or
(c) some
other proper reason exists.
(6) Where the
licensing authority is satisfied —
(a) that
there is not, at any time or during any specific period, a significant need
for guest accommodation in the locality;
(b)
that, notwithstanding the existence of such a need, adequate guest
accommodation is available to the public; or
(c) that
circumstances that would justify a temporary removal of the licence or
redefinition of the licensed premises exist,
and that in
consequence no useful purpose will be served by the continuance, or the
continuance during that period, of a requirement to provide guest
accommodation, the licensing authority may, on application, vary the
conditions of a hotel licence so as to reduce the extent of the accommodation
required or the times at which it is to be provided or may order that, either
permanently or at specified times, the licence shall have effect as a tavern
licence.
(7) Where the
licensing authority is satisfied that, at any time or during any specific
period, there is no significant need to provide for the sale of packaged
liquor to persons other than lodgers it may, on application, vary the
conditions of a hotel licence so that it has effect as a hotel restricted
licence.
[Section 41 amended by No. 12 of 1998
s. 27; No. 26 of 2001 s. 4; No. 73 of 2006 s. 34 and 108.]