Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of this Act, where an extended trading permit issued in relation to any class
of licence authorises the sale or consumption of liquor ancillary to a meal in
an area which would not otherwise be comprised in the licensed premises that
area shall, at times when the sale or consumption of liquor ancillary to a
meal supplied on the licensed premises is authorised, be deemed to be
comprised within the licensed premises unless the permit otherwise provides.
(2) For the purposes
of any proceedings under this Act, an allegation in the complaint or charge
that liquor purporting to be sold for consumption, or consumed, ancillary to a
meal was not so sold or consumed shall be accepted as proved unless the
licensee or the person by whom the liquor was consumed, as the case may be,
establishes beyond reasonable doubt —
(a) that
a meal was supplied which was substantial, and was eaten or genuinely intended
to be eaten by the persons to whom the liquor was sold or by whom the liquor
was consumed;
(b) that
the meal was served to, or was eaten by, persons seated at a dining table;
(c) that
the primary and predominant purpose of persons entering the licensed premises
was to obtain a genuine meal; and
(d) that
the supply of liquor, whether before, during or after the meal, was
subordinate and incidental to the service of a genuine meal.
[Section 52 amended by No. 84 of 2004
s. 80.]