Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of this Act a club licence —
(a)
which is expressed to be granted as a club restricted licence; or
(b)
which is subject to conditions prohibiting the sale of liquor for consumption
off the premises, or the removal of liquor from the premises, unless
subsection (9) applies,
shall be referred to
as a club restricted licence.
(2) Subject to this
Act a club licence authorises the sale, during permitted hours, of
liquor —
(a) to a
member and to the guests of that member in the company of that
member —
(i)
for consumption on the licensed premises, subject to
subsection (4)(b); or
(ii)
ancillary to a meal supplied at the club by or on behalf
of the club to a member and to each of the guests of that member (without
limitation as to number), being guests of whose attendance prior notice was
given to the club in accordance with rules approved by the Director;
(b) to a
member, for consumption by the guests of that member (without limitation as to
number) at a function held by or on behalf of that member at the club if in
accordance with rules approved by the Director; or
(c) to a
member, if —
(i)
the licence is not a club restricted licence; or
(ii)
subsection (9) applies,
and the liquor is
packaged liquor, subject to subsections (3) and (4)(c),
if the constitution
and rules of the club, as approved by the Director, are not thereby
contravened.
(3) At a time when a
sale of packaged liquor to a member who was not a lodger would not be within
permitted hours or at a time authorised by the licence, any authority
conferred by a club licence to sell packaged liquor to a member who is a
lodger extends only to such quantities as might reasonably be consumed by the
lodger on that day.
(4) Every club licence
is subject to the conditions that —
(a)
unless an extended trading permit otherwise authorises, the club
has —
(i)
where a club restricted licence
applies — a right to occupy the licensed premises to the
exclusion of others during the times when the sale of liquor is authorised by
the licence; and
(ii)
in any other case — exclusive right to
occupy the licensed premises;
(b) the
authority to sell liquor for consumption by the guests of a member, otherwise
than ancillary to a meal or at a function under subsection (2)(b),
extends only to such persons, not exceeding 5 or such lesser number as may be
permitted by rules approved by the Director, as are introduced as the guests
of that member on that day;
(c)
packaged liquor be not removed —
(i)
from premises to which a club restricted licence applies,
unless subsection (9) applies; or
(ii)
in any other case, from the premises except by or on the
instructions of the member to whom it was sold;
(d) as
soon as is practicable after the making of any proposal for a
change —
(i)
in the appointment of a person as trustee to hold the
licence for the club; or
(ii)
to the constitution or rules of the club,
the Secretary of the
club shall provide to the Director certified particulars of the change
proposed, and that effect is not given to the change without the prior
approval of the Director;
(e) an
up to date register of members, in respect of each class of membership, be
continually available for inspection at the club premises; and
(f) the
club ensures that its constitution and rules, as approved by the Director, are
not contravened.
(5) Subject to
subsection (6), a person who is on any day visiting a club (the host club
) as a member or an official of another club —
(a) that
is to engage in a pre-arranged event with the host club conducted for the
purposes of one of the host club’s principal objects; or
(b) that
is to hold a pre-arranged function at the host club involving the use of the
host club’s sporting facilities,
may, for the purposes
of this Act, be taken to be a person who is accorded temporary membership of
the host club on that day in accordance with rules approved by the Director.
(6) Where the Director
is satisfied that the circumstances so require the Director may impose a
condition on the licence requiring a club specifically to seek the approval of
the Director before admitting persons to temporary membership.
(7) Where in relation
to the sale of liquor a club permits any contravention of its constitution or
rules as approved by the Director a complaint may be lodged under
section 95 on the ground that the licensed premises are not properly
managed in accordance with this Act.
[(8) deleted]
(9) Where the Director
is satisfied that the members of a club which holds a club restricted licence
cannot, without great inconvenience, obtain supplies of packaged liquor from a
supplier other than the club —
(a) the
Director may, by endorsement on that licence and subject to such conditions as
may be imposed, authorise the sale of packaged liquor to members of the club;
and
(b)
effect shall be given to the endorsement as a variation of the terms of the
licence fixed by this Act.
[Section 48 amended by No. 12 of 1998
s. 31; No. 73 of 2006 s. 38.]