Western Australian Consolidated Acts

LIQUOR CONTROL ACT 1988 - SECT 46

46 .         Special facility licences

        (1)         The licensing authority shall not grant a special facility licence except for a prescribed purpose.

        (1a)         The licensing authority is not to grant a special facility licence only because —

            (a)         the grant or variation of a licence of another class; or

            (b)         the imposition, variation or cancellation of a condition on a licence of another class; or

            (c)         the issue of an extended trading permit in respect of a licence of another class,

                is not possible because an approval, consent or exemption required under another written law cannot be obtained.

        (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 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 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 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 to ensure that the licence is used only for the prescribed purpose for which it is granted.

        (4)         The licensee of a special facility licence is authorised to sell liquor in accordance with the terms and conditions of the licence.

        (5)         At a time when a sale of packaged liquor to any other persons would not be within permitted hours or at a time authorised by the licence, any authority conferred by a special facility licence to sell packaged liquor to a lodger or to any other specified class of person extends only to such quantities as might reasonably be consumed by the person to whom the liquor is sold on that day.

        (6)         If the Director so approves, section 37(5) or section 38, or both of those provisions, or parts of either of those provisions, do not apply in respect of a special facility licence of a type prescribed.

        [Section 46 inserted by No. 12 of 1998 s. 29; amended by No. 26 of 2001 s. 5(1); No. 73 of 2006 s. 35.]