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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Liquor Control Amendment Bill 2018
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 4 amended 4
6. Section 5 amended 4
7. Section 14 amended 5
8. Section 16 amended 5
9. Section 18AA inserted 6
18AA. Notice of decision 6
10. Section 22 amended 7
11. Section 25 amended 7
12. Section 25A inserted 7
25A. Commission may refer application for
review to State Administrative Tribunal 7
13. Section 28 amended 8
14. Section 30 amended 9
15. Section 34 amended 9
16. Section 36 amended 10
17. Section 36A amended 10
18. Section 36B inserted 10
36B. Restrictions on grant or removal of certain
licences authorising sale of packaged
liquor 10
19. Section 37C inserted 12
37C. Register of licensed premises 12
20. Section 38 amended 13
21. Section 41 amended 14
22. Sections 41A and 41B inserted 14
41A. Effect and conditions of small bar licence 14
41B. Small bar licence may be granted as
alternative to tavern restricted licence 14
23. Section 44 amended 16
58--3 page i
Liquor Control Amendment Bill 2018
Contents
24. Section 45 amended 16
25. Section 48 amended 17
26. Section 49 amended 19
27. Section 50A inserted 20
50A. Issue of extended trading permit under
s. 60(4)(ca) for certain restaurant licences
at time of grant 20
28. Section 55 amended 21
29. Section 56 amended 22
30. Section 58 amended 22
31. Section 59A inserted 22
59A. Additional authorisations relating to supply
and sale of liquor on licensed premises 22
32. Section 60 amended 24
33. Section 61 amended 25
34. Section 61A amended 25
35. Section 64 amended 27
36. Section 65 amended 27
37. Section 67 amended 28
38. Section 68 amended 28
39. Section 69 amended 29
40. Section 70 amended 29
41. Section 72A inserted 30
72A. Submissions generally 30
42. Section 73 amended 30
43. Section 74 amended 31
44. Section 75 amended 31
45. Section 77A inserted 31
77A. Restrictions on alteration or redefinition of
certain packaged liquor premises 31
46. Section 95 amended 33
47. Section 98 amended 34
48. Section 98AA inserted 34
98AA. Permitted hours under small bar licence 34
49. Section 98A amended 35
50. Section 98E amended 35
51. Section 98G amended 35
52. Section 100 amended 35
53. Section 109A inserted 36
109A. Offence to carry liquor in excess of
prescribed quantity in prescribed area of
State 36
54. Section 110 amended 37
page ii
Liquor Control Amendment Bill 2018
Contents
55. Section 112 amended 37
56. Section 115 amended 37
57. Section 115AA amended 39
58. Section 115AC amended 39
59. Section 115AE amended 39
60. Section 120 amended 40
61. Section 152B amended 40
62. Section 155 amended 41
63. Section 167 amended 41
64. Section 170 amended 43
65. Section 174A amended 43
66. Section 174B inserted 43
174B. Liquor accords: authorisation for purposes
of Competition and Consumer Act 2010
and Competition Code 43
67. Section 175 amended 44
68. Section 177C inserted 44
177C. Transitional provisions for Liquor Control
Amendment Act 2018 (Sch. 1C) 44
69. Section 178 amended 44
70. Schedule 1C inserted 45
Schedule 1C -- Transitional provisions relating to
the Liquor Control Amendment Act 2018
1. Application of s. 36B to existing
applications for grant or removal of licence 45
2. Small bar licences 45
3. Certain restaurant licences: no fee for
application for extended trading permit
under section 60(4)(ca) 46
4. Application of s. 77A to existing
applications for alteration or redefinition of
licensed premises 46
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Liquor Control Amendment Bill 2018
A Bill for
An Act to amend the Liquor Control Act 1988.
The Parliament of Western Australia enacts as follows:
page 1
Liquor Control Amendment Bill 2018
s. 1
1 1. Short title
2 This is the Liquor Control Amendment Act 2018.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Liquor Control Act 1988.
11 4. Section 3 amended
12 (1) In section 3(1) delete the definitions of:
13 closing time
14 inspector
15 interest of the community
16 low alcohol liquor
17 member (each occurrence)
18 party to proceedings
19 person authorised to sell liquor
20 small bar licence
21 (2) In section 3(1) insert in alphabetical order:
22
23 Department means the department of the Public
24 Service principally assisting in the administration of
25 this Act;
26 Department's website means a website maintained by
27 or on behalf of the Department;
page 2
Liquor Control Amendment Bill 2018
s. 4
1 inspector means an inspector appointed under
2 section 14(1)(a);
3 member --
4 (a) in relation to a club -- includes a person who is
5 a member of the club by reason of reciprocal
6 arrangements with another club made in
7 accordance with the rules of the club; and
8 (b) in relation to the Commission -- means a
9 member of the Commission and includes the
10 chairperson;
11 party to proceedings includes --
12 (a) an objector, unless a determination is made
13 under section 74(4) in relation to the objection;
14 and
15 (b) a person who intervenes in proceedings;
16 small bar licence means a licence granted under
17 section 41A;
18
19 (3) In section 3(1) in the definition of authorised officer delete
20 paragraph (b) and insert:
21
22 (b) an inspector; or
23
24 (4) In section 3(1) in the definition of Director or Director of
25 Liquor Licensing delete "department of the Public Service
26 principally assisting in the administration of this Act;" and
27 insert:
28
29 Department;
30
page 3
Liquor Control Amendment Bill 2018
s. 5
1 (5) In section 3(1) in the definition of hotel licence delete "licence
2 or as a small bar licence;" and insert:
3
4 licence;
5
6 (6) In section 3(1) in the definition of manager paragraph (b) delete
7 "by the licensee of the premises".
8 (7) In section 3(1) in the definition of metropolitan area delete
9 paragraph (a) and insert:
10
11 (a) the region described in the Planning and
12 Development Act 2005 Schedule 3; and
13
14 5. Section 4 amended
15 In section 4(6) delete "licensee," and insert:
16
17 licensee of a producer's licence, a wholesaler's licence or a
18 special facility licence of a prescribed type,
19
20 6. Section 5 amended
21 In section 5(2):
22 (a) in paragraph (e) delete "Act." and insert:
23
24 Act; and
25
page 4
Liquor Control Amendment Bill 2018
s. 7
1 (b) after paragraph (e) insert:
2
3 (f) to encourage responsible attitudes and practices
4 towards the promotion, sale, supply, service
5 and consumption of liquor that are consistent
6 with the interests of the community.
7
8 7. Section 14 amended
9 Delete section 14(3)(a) and insert:
10
11 (a) an inspector; and
12
13 8. Section 16 amended
14 (1) Delete section 16(8) and insert:
15
16 (8) The hearing of a proceeding before the Commission
17 must be in public unless the Commission considers
18 that, in the circumstances of the case, the hearing
19 should be in private.
20
21 (2) In section 16(9) delete "Commission is in private, the
22 Commission," and insert:
23
24 licensing authority, however constituted, is in private, the
25 licensing authority,
26
page 5
Liquor Control Amendment Bill 2018
s. 9
1 (3) Delete section 16(11) and insert:
2
3 (11) Subject to subsections (8) and (9) and section 30, the
4 licensing authority must ensure that each party to
5 proceedings is given a reasonable opportunity to --
6 (a) present its case to the licensing authority; and
7 (b) inspect any documents --
8 (i) to which the licensing authority
9 proposes to have regard in making a
10 determination in the proceedings; and
11 (ii) that are relevant to the party's case;
12 and
13 (c) make submissions in relation to any documents
14 inspected under paragraph (b).
15
16 9. Section 18AA inserted
17 After section 18 insert:
18
19 18AA. Notice of decision
20 (1) If the licensing authority, when constituted by the
21 Director, makes a decision in relation to an application,
22 the licensing authority must give to each party to
23 proceedings written notice of --
24 (a) the decision; and
25 (b) the right of review under section 25.
26 (2) The notice may, but need not, include the reasons for
27 the decision.
28 (3) If the notice does not include the reasons for the
29 decision, a party to proceedings may, within 28 days
30 after receiving the notice or any longer period that may
page 6
Liquor Control Amendment Bill 2018
s. 10
1 be allowed by the Director, request the licensing
2 authority to provide the party with the reasons for the
3 decision.
4 (4) If a party to proceedings makes a request under
5 subsection (3), the licensing authority must provide the
6 party to proceedings with written reasons for the
7 decision.
8
9 10. Section 22 amended
10 In section 22 delete "Commission," and insert:
11
12 Commission constituted by the chairperson and 2 other
13 members,
14
15 11. Section 25 amended
16 (1) In section 25(2) delete "notice of " and insert:
17
18 written reasons for
19
20 (2) Delete section 25(6)(a).
21 12. Section 25A inserted
22 After section 25 insert:
23
24 25A. Commission may refer application for review to
25 State Administrative Tribunal
26 (1) If an application is made to the Commission under
27 section 25(1) for a review of a decision, the
28 Commission may, instead of conducting the review,
page 7
Liquor Control Amendment Bill 2018
s. 13
1 refer the application to the State Administrative
2 Tribunal (the Tribunal) for a review of the decision.
3 (2) An application cannot be referred under subsection (1)
4 unless the President of the Tribunal agrees to the
5 referral.
6 (3) If an application is referred under subsection (1), the
7 person who made the application is to be regarded as
8 the applicant for the purposes of the exercise of the
9 Tribunal's review jurisdiction under the State
10 Administrative Tribunal Act 2004.
11 (4) When conducting a review under this section, the
12 Tribunal may have regard only to the material that was
13 before the Director when making the decision.
14 (5) When conducting a review under this section involving
15 a question of law or giving directions as to any
16 question of law reviewed, the Tribunal is to be
17 constituted by, or is to include, a lawyer.
18 (6) Section 25(3) applies to a review under this section as
19 if it were a review under section 25.
20 (7) On a review under this section, the Tribunal has the
21 powers conferred on the Commission under
22 section 25(4).
23
24 13. Section 28 amended
25 Delete section 28(1)(a) and insert:
26
27 (a) is a party to proceedings before the
28 Commission; and
29
page 8
Liquor Control Amendment Bill 2018
s. 14
1 14. Section 30 amended
2 Delete section 30(4)(a) and insert:
3
4 (a) the Director is not required to serve a copy of
5 the notice under section 73(4A); and
6
7 15. Section 34 amended
8 (1) In section 34(2):
9 (a) in paragraph (a) delete "subject to subsection (3),";
10 (b) delete paragraph (a)(i).
11 (2) Delete section 34(3) and insert:
12
13 (3) Subsection (4) applies to any application made to the
14 licensing authority for --
15 (a) the grant or removal of a licence; or
16 (b) approval to the transfer of a licence; or
17 (c) approval of a person --
18 (i) as a trustee; or
19 (ii) as the occupant of a position of
20 authority in a body corporate that holds
21 a licence.
22 (4) The licensing authority must not hear or determine any
23 application to which this subsection applies if that
24 application is made by a person who is, according the
25 Interpretation Act 1984 section 13D, a bankrupt or a
26 person whose affairs are under insolvency laws.
27
page 9
Liquor Control Amendment Bill 2018
s. 16
1 16. Section 36 amended
2 Delete section 36(3) and insert:
3
4 (3) In addition to a licence granted in respect of any
5 premises, or a part of any premises, either or both of
6 the following licences may also be granted in respect of
7 those premises or a part of those premises --
8 (a) an occasional licence;
9 (b) a licence conditionally granted under
10 section 62.
11
12 17. Section 36A amended
13 In section 36A(2) delete "shall not approve" and insert:
14
15 must not grant an application for
16
17 18. Section 36B inserted
18 After section 36A insert:
19
20 36B. Restrictions on grant or removal of certain licences
21 authorising sale of packaged liquor
22 (1) In this section --
23 local packaged liquor requirements, in relation to an
24 application to which this section applies, means the
25 requirements of consumers for packaged liquor in the
26 locality in which the proposed licensed premises are, or
27 are to be, situated;
28 packaged liquor premises means premises to which a
29 licence referred to in subsection (2) relates;
page 10
Liquor Control Amendment Bill 2018
s. 18
1 prescribed area means the area prescribed for the
2 purposes of this section;
3 prescribed distance means the distance prescribed for
4 the purposes of this section;
5 proposed licensed premises, in relation to an
6 application to which this section applies, means --
7 (a) if the application is for the grant of a licence --
8 the premises to which the application relates; or
9 (b) if the application is for the removal of a
10 licence -- the premises to which the licence is
11 sought to be removed;
12 retail section --
13 (a) in relation to packaged liquor premises --
14 means the part or parts of the premises on
15 which packaged liquor is displayed for the
16 purposes of sale or sold; and
17 (b) in relation to proposed licensed premises --
18 means the part or parts of the premises on
19 which packaged liquor is to be displayed for the
20 purposes of sale or sold.
21 (2) This section applies to an application for the grant or
22 removal of any of the following licences --
23 (a) a hotel licence without restriction;
24 (b) a tavern licence;
25 (c) a liquor store licence;
26 (d) a special facility licence of a prescribed type.
27 (3) The licensing authority must not hear or determine an
28 application to which this section applies if --
29 (a) packaged liquor premises are situated less than
30 the prescribed distance from the proposed
31 licensed premises; and
page 11
Liquor Control Amendment Bill 2018
s. 19
1 (b) the area of the retail section of those packaged
2 liquor premises exceeds the prescribed area;
3 and
4 (c) the area of the retail section of the proposed
5 licensed premises exceeds the prescribed area.
6 (4) The licensing authority must not grant an application to
7 which this section applies unless satisfied that local
8 packaged liquor requirements cannot reasonably be
9 met by existing packaged liquor premises in the
10 locality in which the proposed licensed premises are, or
11 are to be, situated.
12 (5) Regulations made for the purposes of the definition of
13 prescribed distance in subsection (1) may prescribe
14 different distances in relation to packaged liquor
15 premises in different areas of the State.
16
17 19. Section 37C inserted
18 At the end of Part 3 Division 1 insert:
19
20 37C. Register of licensed premises
21 (1) The Director may keep a register that contains the
22 following information in respect of licensed
23 premises --
24 (a) the name and address of the premises;
25 (b) the licence number of the premises;
26 (c) the type of licence that applies to the premises;
27 (d) the status of the licence that applies to the
28 premises (for example, whether the licence is
29 conditionally granted or suspended);
30 (e) the name of the licensee of the premises.
page 12
Liquor Control Amendment Bill 2018
s. 20
1 (2) The Director may make the register available to the
2 public in any way the Director considers appropriate,
3 including by publication on the Department's website.
4
5 20. Section 38 amended
6 (1) In section 38(1)(a) delete "licence; or" and insert:
7
8 licence of a kind prescribed; or
9
10 (2) In section 38(4):
11 (a) delete paragraph (b) and insert:
12
13 (b) whether the amenity, quiet or good order of the
14 locality in which the licensed premises or
15 proposed licensed premises are, or are to be,
16 situated might in some manner be lessened; and
17
18 (b) after paragraph (c) insert:
19
20 (ca) any effect the granting of the application might
21 have in relation to tourism, or community or
22 cultural matters; and
23
24 (3) After section 38(6) insert:
25
26 (7) If subsection (2) applies to an application, the Director
27 may publish the following on the Department's
28 website --
29 (a) the application;
30 (b) any document or information provided under
31 subsection (3) in relation to the application.
32
page 13
Liquor Control Amendment Bill 2018
s. 21
1 21. Section 41 amended
2 (1) Delete section 41(1aa).
3 (2) In section 41(1)(a) delete "and is not a small bar licence".
4 (3) In section 41(2)(b) delete "small bar licence or a hotel restricted
5 licence," and insert:
6
7 hotel restricted licence or a tavern restricted licence,
8
9 (4) In section 41(4) delete "small bar licence or a".
10 22. Sections 41A and 41B inserted
11 After section 41 insert:
12
13 41A. Effect and conditions of small bar licence
14 (1) Subject to this Act, the licensee of a small bar licence
15 is, during permitted hours, authorised to sell liquor for
16 consumption on the licensed premises.
17 (2) A small bar licence is subject to --
18 (a) a condition prohibiting the sale of packaged
19 liquor; and
20 (b) a condition limiting the maximum number of
21 persons (excluding responsible persons and
22 authorised officers) who may be on the licensed
23 premises to 120.
24 41B. Small bar licence may be granted as alternative to
25 tavern restricted licence
26 (1) If the licensing authority considers it appropriate, the
27 licensing authority may, with the agreement of the
28 applicant, treat an application for a tavern restricted
29 licence as an application for a small bar licence.
page 14
Liquor Control Amendment Bill 2018
s. 22
1 (2) Subsection (3) applies to a tavern restricted licence
2 if --
3 (a) it is subject to a condition limiting the
4 maximum number of persons (excluding
5 responsible persons and authorised officers)
6 who may be on the licensed premises to 120;
7 and
8 (b) the capacity of the licensed premises is not
9 more than 120 persons.
10 (3) The licensing authority may, of its own motion or on
11 the application of the licensee of the licence --
12 (a) cancel a tavern restricted licence to which this
13 subsection applies; and
14 (b) grant to the person who was the licensee of the
15 licence a small bar licence in respect of the
16 premises to which the licence related.
17 (4) If the licensing authority proposes of its own motion to
18 cancel a tavern restricted licence and grant a small bar
19 licence under subsection (3), the licensing authority
20 must give the licensee of the tavern restricted
21 licence --
22 (a) a notice that sets out the proposal and the
23 reasons for it; and
24 (b) a reasonable opportunity to make submissions
25 or to be heard in relation to the proposal.
26
page 15
Liquor Control Amendment Bill 2018
s. 23
1 23. Section 44 amended
2 Delete section 44(1) and insert:
3
4 (1) Subject to this Act, a casino licence authorises the
5 licensee, during permitted hours, to do either or both of
6 the following --
7 (a) sell liquor for consumption --
8 (i) on the premises at the casino; and
9 (ii) on other premises within the casino
10 complex concerned or adjacent to that
11 complex, within one or more defined
12 areas as may from time to time be
13 approved by the Gaming and Wagering
14 Commission;
15 (b) supply, without charge, packaged liquor on the
16 premises referred to in paragraph (a) as part
17 of --
18 (i) an accommodation, restaurant or dining
19 service provided on those premises; or
20 (ii) a function or promotional activity
21 conducted on those premises.
22
23 24. Section 45 amended
24 (1) In section 45(1)(b) delete "that" and insert:
25
26 a
27
28 (2) In section 45(3):
29 (a) delete "to an applicant to whom subsection (1) applies";
page 16
Liquor Control Amendment Bill 2018
s. 25
1 (b) after "casino complex" (1st occurrence) insert:
2
3 to which a casino gaming licence relates
4
5 25. Section 48 amended
6 (1) In section 48(2):
7 (a) in paragraph (a)(ii) delete "rules approved by the
8 Director;" and insert:
9
10 the rules of the club;
11
12 (b) in paragraph (b) delete "rules approved by the Director;
13 or" and insert:
14
15 the rules of the club; or
16
17 (c) delete "constitution and rules of the club, as approved by
18 the Director," and insert:
19
20 rules of the club
21
22 (2) After section 48(2) insert:
23
24 (2A) Subject to this Act, a club licence authorises the sale,
25 during permitted hours, of liquor to a visitor for
26 consumption on the licensed premises if the sale does
27 not contravene the rules of the club.
page 17
Liquor Control Amendment Bill 2018
s. 25
1 (2B) In subsection (2A) --
2 visitor means a person, other than a member, a guest of
3 a member or a person referred to in subsection (5),
4 who --
5 (a) is at least 40 km or, if a greater distance is
6 prescribed for the purposes of this paragraph, at
7 least that distance from their usual place of
8 residence; and
9 (b) is visiting the club while travelling in the
10 course of a holiday or travelling for leisure or
11 business; and
12 (c) is required, at the time of their visit, to pay a fee
13 to the club for the use of its facilities.
14
15 (3) In section 48(4):
16 (a) in paragraph (b) delete "rules approved by the Director,"
17 and insert:
18
19 the rules of the club,
20
21 (b) in paragraph (d) delete the passage that begins with
22 "change --" and ends with "the Secretary" and insert:
23
24 change in the appointment of a person as trustee to hold
25 the licence for the club, the Secretary
26
27 (c) after paragraph (e) insert:
28
29 (ea) an up-to-date register of visitors (as defined in
30 subsection (2B)) be continually available for
31 inspection at the club premises; and
32
page 18
Liquor Control Amendment Bill 2018
s. 26
1 (d) in paragraph (f) delete "constitution and rules, as
2 approved by the Director," and insert:
3
4 rules
5
6 (4) In section 48(5):
7 (a) delete "club --" and insert:
8
9 club or a team, or a person assisting a member or an
10 official of another club or a team --
11
12 (b) delete "day in accordance with rules approved by the
13 Director." and insert:
14
15 day, in accordance with the rules of the club.
16
17 (5) In section 48(7) delete "constitution or rules as approved by the
18 Director" and insert:
19
20 rules,
21
22 26. Section 49 amended
23 (1) In section 49(1):
24 (a) in paragraph (c) delete "unless subsection (4) applies,
25 that the constitution and" and insert:
26
27 that the
28
29 (b) in paragraph (c) delete "sought," and insert:
30
31 sought.
32
page 19
Liquor Control Amendment Bill 2018
s. 27
1 (c) delete "and the content of that constitution and those
2 rules is approved by the Director.".
3 (2) In section 49(2) delete "constitution or" (each occurrence).
4 (3) Delete section 49(3) and (4).
5 27. Section 50A inserted
6 After section 50 insert:
7
8 50A. Issue of extended trading permit under s. 60(4)(ca)
9 for certain restaurant licences at time of grant
10 (1) Subsection (2) applies if --
11 (a) the licensing authority decides to grant a
12 restaurant licence subject to a condition
13 limiting the maximum number of persons
14 (excluding responsible persons and authorised
15 officers) who may be on the licensed premises
16 to 120; and
17 (b) the application for the restaurant licence
18 specifies that an extended trading permit under
19 section 60(4)(ca) is also sought in respect of the
20 premises to which the application relates.
21 (2) When the licensing authority grants the restaurant
22 licence the licensing authority may issue an extended
23 trading permit under section 60(4)(ca) in respect of the
24 licensed premises.
25
page 20
Liquor Control Amendment Bill 2018
s. 28
1 28. Section 55 amended
2 (1) In section 55(1):
3 (a) delete paragraphs (a) and (b) and insert:
4
5 (a) to sell or supply (including by way of sample)
6 on the licensed premises liquor produced by the
7 licensee for consumption on a part of the
8 licensed premises approved for the purpose by
9 the Director; and
10 (b) to sell or supply on or from the licensed
11 premises liquor produced by the licensee for
12 consumption off the licensed premises; and
13
14 (b) in paragraph (c) delete "from" and insert:
15
16 on
17
18 (2) Delete section 55(1a).
19 (3) In section 55(2A) delete "Despite subsection (1)(a), the" and
20 insert:
21
22 The
23
24 (4) In section 55(3) delete "corporate which produces wine or
25 spirits, wine or spirits" and insert:
26
27 corporate, liquor
28
page 21
Liquor Control Amendment Bill 2018
s. 29
1 29. Section 56 amended
2 In section 56(1):
3 (a) after paragraph (b) insert:
4
5 (ba) being spirits made from wine --
6 (i) if it was distilled by that person; or
7 (ii) if it was distilled under the control or
8 direction of that person from wine
9 produced by that person;
10 or
11
12 (b) in paragraph (c) delete "spirits," and insert:
13
14 spirits not made from wine,
15
16 30. Section 58 amended
17 Delete section 58(2a).
18 31. Section 59A inserted
19 At the end of Part 3 Division 2 insert:
20
21 59A. Additional authorisations relating to supply and
22 sale of liquor on licensed premises
23 (1) In this section --
24 interstate supplier means a person who is authorised
25 under the law of another State, or of a Territory, to sell
26 packaged liquor;
page 22
Liquor Control Amendment Bill 2018
s. 31
1 packaged liquor --
2 (a) in relation to an interstate supplier, means
3 liquor in sealed containers for consumption off
4 the premises of the interstate supplier; and
5 (b) otherwise, has the meaning given in
6 section 3(1);
7 packaged liquor licence means a licence that
8 authorises the sale of packaged liquor, but does not
9 include a hotel restricted licence, a casino liquor
10 licence, a club licence or an occasional licence.
11 (2) A packaged liquor licence authorises the licensee (the
12 supplier), with the agreement of another licensee --
13 (a) to supply liquor, by way of free sample, on the
14 licensed premises of the other licensee for
15 consumption on those premises; and
16 (b) to sell packaged liquor on the licensed premises
17 of the other licensee for delivery to the
18 purchaser, or to premises specified by the
19 purchaser, from the licensed premises of the
20 supplier.
21 (3) An interstate supplier is authorised, with the agreement
22 of a licensee --
23 (a) to supply liquor, by way of free sample, on the
24 licensed premises of the licensee for
25 consumption on those premises; and
26 (b) to sell packaged liquor on the licensed premises
27 of the licensee for delivery to the purchaser, or
28 to premises specified by the purchaser, from the
29 premises of the interstate supplier.
30 (4) A sale of packaged liquor made by an interstate
31 supplier as authorised under subsection (3) is taken to
32 be made under a licence described in section 109(1)(a).
33
page 23
Liquor Control Amendment Bill 2018
s. 32
1 32. Section 60 amended
2 (1) In section 60(3a) delete "subsection (4)(ca) or (g)" and insert:
3
4 subsection (4)(ca), (g) or (h)
5
6 (2) In section 60(4):
7 (a) in paragraph (a) after "liquor" insert:
8
9 as a caterer
10
11 (b) in paragraph (a) delete "as a caterer on specified
12 premises,";
13 (c) in paragraph (e) delete "a Sunday,";
14 (d) in paragraph (e)(ii) delete "constitution and rules of the
15 association, if that constitution or those rules were
16 required to be approved by the Director, are observed;"
17 and insert:
18
19 rules of the association are observed;
20
21 (e) in paragraph (g) delete "5" and insert:
22
23 10
24
25 (f) in paragraph (h) delete the passage that begins with "on
26 such days" and ends with "otherwise be authorised," and
27 insert:
28
29 under the licence on specified premises or in a specified
30 area that would not otherwise be authorised, on such
31 days and between such hours on those days as may be
32 specified,
33
page 24
Liquor Control Amendment Bill 2018
s. 33
1 (g) in paragraph (ia) delete "wine or beer" (1st occurrence)
2 and insert:
3
4 liquor
5
6 (h) in paragraph (ia) delete "wine or beer," and insert:
7
8 liquor,
9
10 33. Section 61 amended
11 (1) In section 61(1):
12 (a) in paragraph (c) delete "relates; and" and insert:
13
14 relates.
15
16 (b) delete paragraph (d).
17 (2) Delete section 61(2).
18 34. Section 61A amended
19 (1) In section 61A(2):
20 (a) in paragraph (a) delete "wine or beer; and" and insert:
21
22 liquor; and
23
24 (b) in paragraph (c) delete "beer," and insert:
25
26 liquor other than wine,
27
page 25
Liquor Control Amendment Bill 2018
s. 34
1 (c) in paragraph (c) delete "beer" (2nd occurrence) and
2 insert:
3
4 liquor
5
6 (d) in paragraph (e) delete "wine or beer" and insert:
7
8 liquor
9
10 (2) In section 61A(4):
11 (a) delete "beer" (1st occurrence) and insert:
12
13 liquor other than wine
14
15 (b) delete "beer" (2nd occurrence) and insert:
16
17 liquor
18
19 (3) After section 61A(5) insert:
20
21 (5A) If a cellar door permit is issued in respect of the same
22 premises to 2 or more licensees, those licensees are
23 jointly and severally liable --
24 (a) as licensee; and
25 (b) in respect of any civil or criminal liability that
26 attaches to the licensee under this Act.
27
page 26
Liquor Control Amendment Bill 2018
s. 35
1 (4) In section 61A(6) delete "licence." and insert:
2
3 permit.
4
5 Note: The heading to amended section 61A is to read:
6 Extended trading permit for sale of liquor (s. 60(4)(ia))
7 35. Section 64 amended
8 After section 64(1b) insert:
9
10 (1BA) An application under subsection (1a)(b) to vary a
11 condition must be made not later than the prescribed
12 number of days before the variation is proposed to take
13 effect, unless the Director otherwise approves.
14
15 36. Section 65 amended
16 Delete section 65(1) and insert:
17
18 (1) Subject to subsection (3), a licence or permit that
19 authorises the sale of packaged liquor or of liquor for
20 consumption off the licensed premises is subject to the
21 following conditions --
22 (a) that the liquor sold --
23 (i) must be consigned to the purchaser at,
24 and delivered on or from, the licensed
25 premises, unless the Director otherwise
26 approves; and
27 (ii) must be delivered in sealed containers;
28 and
29 (iii) must not, unless an extended trading
30 permit or a special facility licence so
31 authorises, be or be permitted to be
page 27
Liquor Control Amendment Bill 2018
s. 37
1 consumed on or, except in the case of
2 liquor sold under section 55, in the
3 immediate proximity of the licensed
4 premises;
5 (b) that the prescribed requirements relating to sale
6 and delivery must be complied with.
7 (1A) A person who contravenes a condition referred to in
8 subsection (1) commits an offence.
9 Penalty for this subsection: a fine of $2 000.
10
11 Note: The heading to amended section 65 is to read:
12 Conditions relating to sale and delivery of packaged liquor or
13 liquor for consumption off licensed premises
14 37. Section 67 amended
15 Delete section 67(5) and insert:
16
17 (5) If an application is required to be advertised, the
18 Director must cause a copy of the notice of application
19 to be published on the Department's website.
20
21 38. Section 68 amended
22 (1) In section 68(1):
23 (a) in paragraph (b)(iv) delete "section 72; and" and insert:
24
25 section 72;
26
27 (b) delete paragraph (b)(v).
28 (2) In section 68(2) delete "(1)(b)(iii), (iv) and (v)" and insert:
29
30 (1)(b)(iii) and (iv)
31
page 28
Liquor Control Amendment Bill 2018
s. 39
1 39. Section 69 amended
2 (1) In section 69(3) delete "67(5)(a)" and insert:
3
4 67(5)
5
6 (2) Delete section 69(5).
7 (3) In section 69(6)(c)(iv) before "any" insert:
8
9 as to
10
11 (4) After section 69(8) insert:
12
13 (8AA) The chief executive officer appointed under the
14 Western Australian Tourism Commission Act 1983
15 section 17 may intervene in proceedings before the
16 licensing authority for the purpose of introducing
17 evidence or making representations --
18 (a) as to whether any tourism benefits might result
19 if a particular application is granted; and
20 (b) as to any other matter relevant to the proper
21 development of the tourism industry in the
22 State.
23
24 40. Section 70 amended
25 In section 70(2) delete "the section" and insert:
26
27 this section
28
page 29
Liquor Control Amendment Bill 2018
s. 41
1 41. Section 72A inserted
2 After section 72 insert:
3
4 72A. Submissions generally
5 (1) In this section --
6 submission means --
7 (a) a submission made by a person in support of an
8 application; or
9 (b) a submission made by a person in opposition to
10 an application, but does not include an
11 objection to an application lodged with the
12 Director under section 73.
13 (2) A person who makes a submission to the Director is
14 not a party to proceedings.
15 (3) Subsection (2) does not apply to a person who
16 intervenes in proceedings relating to an application.
17 (4) The Director may, but need not, acknowledge receipt
18 of a submission.
19 (5) Sections 73 and 74 do not apply to a submission made
20 in opposition to an application.
21
22 42. Section 73 amended
23 Delete section 73(4a) and insert:
24
25 (4A) The Director must serve a copy of a notice lodged
26 under subsection (4) on the applicant, unless
27 section 30(4)(a) applies.
28
page 30
Liquor Control Amendment Bill 2018
s. 43
1 43. Section 74 amended
2 After section 74(4) insert:
3
4 (5) A determination made by the Director under
5 subsection (4) is not subject to review under section 25.
6
7 44. Section 75 amended
8 Delete section 75(2)(b) and insert:
9
10 (b) if not required to be advertised is not subject to
11 objection, but may be made the subject of a
12 submission or an intervention under section 69;
13 and
14
15 45. Section 77A inserted
16 At the end of Part 3 Division 7 insert:
17
18 77A. Restrictions on alteration or redefinition of certain
19 packaged liquor premises
20 (1) In this section --
21 packaged liquor premises has the meaning given in
22 section 36B(1);
23 prescribed area means the area prescribed for the
24 purposes of this section;
25 prescribed distance means the distance prescribed for
26 the purposes of this section;
27 retail section, in relation to packaged liquor premises,
28 means the part or parts of the premises on which
29 packaged liquor is displayed for the purposes of sale or
30 sold.
page 31
Liquor Control Amendment Bill 2018
s. 45
1 (2) Subsection (3) applies to packaged liquor premises
2 if --
3 (a) the premises are situated less than the
4 prescribed distance from other packaged liquor
5 premises; and
6 (b) the area of the retail section of the other
7 packaged liquor premises exceeds the
8 prescribed area.
9 (3) The licensing authority must not hear or determine an
10 application made under section 77(4) in respect of
11 packaged liquor premises to which this subsection
12 applies --
13 (a) if --
14 (i) the area of the retail section of the
15 premises does not exceed the prescribed
16 area; and
17 (ii) the proposed alteration or redefinition of
18 the premises would increase the area of
19 the retail section of the premises so that
20 it exceeds the prescribed area;
21 or
22 (b) if --
23 (i) the area of the retail section of the
24 premises exceeds the prescribed area;
25 and
26 (ii) the proposed alteration or redefinition of
27 the premises would increase the area of
28 the retail section of the premises.
29 (4) Regulations made for the purposes of the definition of
30 prescribed distance in subsection (1) may prescribe
31 different distances in relation to packaged liquor
32 premises in different areas of the State.
33
page 32
Liquor Control Amendment Bill 2018
s. 46
1 46. Section 95 amended
2 (1) Before section 95(1) insert:
3
4 (1A) In this section --
5 employee, of the licensee, includes --
6 (a) a person engaged under a contract for services
7 by the licensee; and
8 (b) a person who --
9 (i) holds a crowd controller's licence; and
10 (ii) is employed by a crowd control agent
11 engaged under a contract for services by
12 the licensee or occupier or a manager of
13 the licensed premises to supply the
14 services of crowd controllers at those
15 premises.
16
17 (2) In section 95(4)(k) delete "of the licensee; or" and insert:
18
19 of --
20 (i) the licensee; or
21 (ii) an employee or agent of the licensee; or
22 (iii) a person acting, or purporting to act, on behalf
23 of the licensee;
24 or
25 (3) After section 95(11) insert:
26
27 (12) The hearing of a complaint lodged under this section
28 must be in public unless the Commission considers
29 that, in the circumstances of the case, the hearing
30 should be in private.
31
page 33
Liquor Control Amendment Bill 2018
s. 47
1 47. Section 98 amended
2 In section 98(1):
3 (a) in paragraph (a) after "6 a.m. to" insert:
4
5 12
6
7 (b) in paragraph (d) delete "2 a.m.;" and insert:
8
9 2 am and then in accordance with paragraph (a) or (b),
10 as the case requires;
11
12 48. Section 98AA inserted
13 After section 98 insert:
14
15 98AA. Permitted hours under small bar licence
16 The permitted hours under a small bar licence are --
17 (a) on a day other than a Sunday -- from 6 am to
18 12 midnight;
19 (b) on a Sunday -- from 10 am to 12 midnight;
20 (c) on New Year's Day -- from immediately after
21 12 midnight on New Year's Eve to 2 am and
22 then in accordance with paragraph (a) or (b), as
23 the case requires;
24 (d) on Good Friday or Christmas Day -- from
25 12 noon to 10 pm, but only for liquor sold
26 ancillary to a meal supplied by the licensee;
27 (e) on ANZAC Day -- from 12 noon to
28 12 midnight.
29
page 34
Liquor Control Amendment Bill 2018
s. 49
1 49. Section 98A amended
2 In section 98A(1)(g) delete "paragraph (a), (b) or (c)," and
3 insert:
4
5 paragraph (a) or (c),
6
7 50. Section 98E amended
8 In section 98E(1)(d) after "2 a.m." insert:
9
10 and then in accordance with paragraph (a) or (b)(ii), as the case
11 requires.
12
13 51. Section 98G amended
14 In section 98G(2) delete "section 55(1)(a)(iv) the permitted
15 hours" and insert:
16
17 section 55(1)(a), the permitted hours in relation to the sale or
18 supply of beer or spirits
19
20 52. Section 100 amended
21 (1) In section 100(2)(c) and (2a)(b) delete "by the licensee".
22 (2) In section 100(3) delete "licensee" and insert:
23
24 licensee, an approved unrestricted manager or an approved
25 restricted manager
26
page 35
Liquor Control Amendment Bill 2018
s. 53
1 (3) In section 100(4) delete "licensee from appointing" and insert:
2
3 appointment of
4
5 53. Section 109A inserted
6 After section 109 insert:
7
8 109A. Offence to carry liquor in excess of prescribed
9 quantity in prescribed area of State
10 (1) In this section --
11 driver, in relation to a vehicle, means a person who has
12 control over the steering, movement or propulsion of
13 the vehicle;
14 vehicle, without limiting the definition of that term in
15 section 3(1), includes a trailer, semi-trailer or caravan
16 attached to another vehicle.
17 (2) A person who, in a prescribed area of the State, carries
18 a kind of liquor in a quantity that exceeds the quantity
19 prescribed for that kind of liquor commits an offence.
20 Penalty for this subsection: a fine of $10 000.
21 (3) For the purposes of subsection (2), if liquor is carried
22 in or on a vehicle the driver of the vehicle is taken to be
23 the person who carries the liquor.
24 (4) It is a defence to a charge of an offence under
25 subsection (2) to prove that the liquor was carried --
26 (a) for the purpose of a sale that may lawfully be
27 made; or
28 (b) by a person of a prescribed class; or
29 (c) in or on a vehicle of a prescribed class; or
30 (d) in prescribed circumstances.
page 36
Liquor Control Amendment Bill 2018
s. 54
1 (5) Regulations made for the purposes of subsection (2)
2 may prescribe different quantities for different areas of
3 the State.
4
5 54. Section 110 amended
6 Delete section 110(6a) and insert:
7
8 (6A) If, under a licence, wine is sold to a person (the
9 purchaser) for consumption on the licensed premises
10 ancillary to a meal provided by the licensee, then,
11 despite any other provision of this Act, it is lawful for
12 the purchaser subsequently to take from the licensed
13 premises any opened container of the wine if its
14 contents have been partially consumed.
15
16 55. Section 112 amended
17 In section 112(1)(a)(i) delete "15" and insert:
18
19 30
20
21 56. Section 115 amended
22 (1) In section 115(1) and (2) in the Penalty delete "Penalty:" and
23 insert:
24
25 Penalty for this subsection:
26
page 37
Liquor Control Amendment Bill 2018
s. 56
1 (2) After section 115(4a) insert:
2
3 (4B) A person commits an offence if the person does not
4 leave licensed premises or a part of licensed premises
5 after being required under subsection (4)(b) to do so.
6 Penalty for this subsection: a fine of $5 000.
7
8 (3) In section 115(5):
9 (a) delete "A person who --" and insert:
10
11 A person commits an offence if the person --
12
13 (b) in paragraph (b) delete "closed; or" and insert:
14
15 closed.
16
17 (c) delete paragraph (c);
18 (d) delete "commits an offence.".
19 (4) In section 115(5) in the Penalty delete "Penalty:" and insert:
20
21 Penalty for this subsection:
22
23 (5) In section 115(6) delete the Penalty and insert:
24
25 Penalty for this subsection: a fine of $5 000.
26
27 (6) In section 115(7) in the Penalty delete "Penalty:" and insert:
28
29 Penalty for this subsection:
30
page 38
Liquor Control Amendment Bill 2018
s. 57
1 57. Section 115AA amended
2 (1) In section 115AA(2) delete "premises --" and insert:
3
4 premises or in the vicinity of licensed premises --
5
6 (2) After section 115AA(7A) insert:
7
8 (7B) The reference in subsection (7A) to performing duties
9 relating to the person's work does not include attending
10 a function associated with the person's work that is
11 held on the premises.
12
13 58. Section 115AC amended
14 In section 115AC(1):
15 (a) in paragraph (a) after "name" insert:
16
17 and date of birth
18
19 (b) delete paragraph (c) and insert:
20
21 (c) the address of the person;
22
23 59. Section 115AE amended
24 (1) In section 115AE delete "A responsible" and insert:
25
26 (1) Subject to subsection (2), a responsible
27
page 39
Liquor Control Amendment Bill 2018
s. 60
1 (2) In section 115AE in the Penalty delete "Penalty:" and insert:
2
3 Penalty for this subsection:
4
5 (3) At the end of section 115AE insert:
6
7 (2) A responsible person in relation to licensed premises
8 does not commit an offence under subsection (1) if the
9 responsible person permits the person to enter or
10 remain on the premises solely for the purpose of
11 performing duties relating to the person's work.
12 (3) The reference in subsection (2) to performing duties
13 relating to the person's work does not include attending
14 a function associated with the person's work that is
15 held on the premises.
16
17 60. Section 120 amended
18 In section 120(1)(a)(i) delete "constitution or".
19 61. Section 152B amended
20 (1) In section 152B delete "The Commissioner" and insert:
21
22 (1) The Commissioner
23
24 (2) At the end of section 152B insert:
25
26 (2) The Commissioner of Police must serve a copy of the
27 application on the relevant person.
28
page 40
Liquor Control Amendment Bill 2018
s. 62
1 62. Section 155 amended
2 (1) After section 155(5) insert:
3
4 (5A) If a person is contravening section 109A(2) a member
5 of the Police Force may, subject to subsection (5B),
6 seize an opened or unopened container of liquor
7 involved in the contravention.
8 (5B) The total quantity of a kind of liquor in any containers
9 seized under subsection (5A) must not exceed the
10 seizable quantity for that kind of liquor.
11 (5C) In subsection (5B) --
12 seizable quantity, for a kind of liquor, means the
13 quantity representing the difference between the total
14 quantity of that kind of liquor involved in the
15 contravention and the quantity prescribed for that kind
16 of liquor under section 109A(2).
17
18 (2) In section 155(7)(b)(ii) delete "believes" and insert:
19
20 suspects
21
22 (3) In section 155(9) after "subsection" (2nd occurrence) insert:
23
24 (5A),
25
26 63. Section 167 amended
27 (1) In section 167(1) insert in alphabetical order:
28
29 approved form means the form approved by the
30 Director;
31
page 41
Liquor Control Amendment Bill 2018
s. 63
1 (2) In section 167(1) in the definition of infringement notice delete
2 "a notice" and insert:
3
4 an infringement notice
5
6 (3) In section 167(2) delete the passage that begins with "a notice"
7 and ends with "in the notice." and insert:
8
9 an infringement notice.
10
11 (4) After section 167(2) insert:
12
13 (2A) An infringement notice must be in the approved form
14 and must --
15 (a) contain a description of the alleged offence; and
16 (b) advise that if the alleged offender does not wish
17 to be prosecuted for the alleged offence in a
18 court, the amount of money specified in the
19 notice as being the modified penalty for the
20 offence may be paid to an authorised person
21 within a period of 28 days after the giving of
22 the notice; and
23 (c) inform the alleged offender as to who are
24 authorised persons for the purposes of receiving
25 payment of modified penalties.
26
27 (5) In section 167(5) delete "prescribed" and insert:
28
29 approved
30
page 42
Liquor Control Amendment Bill 2018
s. 64
1 64. Section 170 amended
2 In section 170(db) delete "the licensee shall be deemed not to
3 have appointed a person" and insert:
4
5 a person is taken not to have been appointed
6
7 65. Section 174A amended
8 In section 174A(2) delete "department of the Public Service that
9 principally assists the Minister to administer this Act" and
10 insert:
11
12 Department
13
14 66. Section 174B inserted
15 After section 174A insert:
16
17 174B. Liquor accords: authorisation for purposes of
18 Competition and Consumer Act 2010 and
19 Competition Code
20 (1) In this section --
21 liquor accord has the meaning given in section 64(1b).
22 (2) For the purposes of the Competition and Consumer
23 Act 2010 (Commonwealth) and the Competition Code,
24 the following conduct is authorised by this Act, to the
25 extent that it would otherwise contravene that Act or
26 that Code --
27 (a) the entry by any person into a liquor accord;
28 (b) conduct engaged in by any person for the
29 purpose of promoting or giving effect to the
30 terms of a liquor accord.
31
page 43
Liquor Control Amendment Bill 2018
s. 67
1 67. Section 175 amended
2 Delete section 175(1)(d) and (e) and insert:
3
4 (d) advertising, websites maintained by licensees,
5 and the content of notices; and
6 (e) the endorsement, production and display of
7 licences; and
8
9 68. Section 177C inserted
10 After section 177B insert:
11
12 177C. Transitional provisions for Liquor Control
13 Amendment Act 2018 (Sch. 1C)
14 Schedule 1C sets out transitional provisions relating to
15 amendments made to this Act by the Liquor Control
16 Amendment Act 2018.
17
18 69. Section 178 amended
19 In section 178(1) delete "section 95 of the Liquor Licensing
20 Amendment Act 1998," and insert:
21
22 the Liquor Control Amendment Act 2018 section 68,
23
page 44
Liquor Control Amendment Bill 2018
s. 70
1 70. Schedule 1C inserted
2 After Schedule 1B insert:
3
4 Schedule 1C -- Transitional provisions relating to the
5 Liquor Control Amendment Act 2018
6 [s. 177C]
7 1. Application of s. 36B to existing applications for grant or
8 removal of licence
9 Section 36B applies to an application for the grant or
10 removal of a licence referred to in section 36B(2) that was
11 made, but not determined by the licensing authority, before
12 the day on which the Liquor Control Amendment Act 2018
13 section 18 comes into operation.
14 2. Small bar licences
15 (1) In this clause --
16 commencement day means the day on which the Liquor
17 Control Amendment Act 2018 section 21 comes into
18 operation;
19 old licence means a hotel licence of the kind referred to in
20 section 41(1aa) as in force immediately before
21 commencement day.
22 (2) An old licence that was in effect immediately before
23 commencement day is taken to be a small bar licence under
24 section 41A, subject to the conditions that applied to the old
25 licence immediately before commencement day.
26 (3) An application for an old licence that was made, but not
27 determined by the licensing authority, before
28 commencement day is taken to be an application for a small
29 bar licence under section 41A.
page 45
Liquor Control Amendment Bill 2018
s. 70
1 3. Certain restaurant licences: no fee for application for
2 extended trading permit under section 60(4)(ca)
3 (1) In this clause --
4 commencement day means the day on which the Liquor
5 Control Amendment Act 2018 section 27 comes into
6 operation;
7 small restaurant licence means a restaurant licence that,
8 immediately before commencement day, was subject to a
9 condition limiting the maximum number of persons
10 (excluding responsible persons and authorised officers) who
11 may be on the licensed premises to 120.
12 (2) If, in the period of 12 months beginning on commencement
13 day, the licensee of a small restaurant licence makes an
14 application for an extended trading permit under
15 section 60(4)(ca), then, despite section 68(1)(b), the notice
16 of application is not required to be accompanied by any
17 prescribed fee.
18 4. Application of s. 77A to existing applications for
19 alteration or redefinition of licensed premises
20 Section 77A applies to an application under section 77(4)
21 that was made, but not determined by the licensing
22 authority, before the day on which the Liquor Control
23 Amendment Act 2018 section 45 comes into operation.
24
25
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