LIQUOR CONTROL ACT 1988

Western Australian Current Acts

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LIQUOR CONTROL ACT 1988

TABLE OF PROVISIONS

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
3A. Term used: drunk
4. Storing and receiving liquor for licensed premises at other premises; records to be kept
5. Objects of Act
6. Act not to apply in certain cases

PART 2 -- The licensing authority

Division 1 -- The licensing authority

7. Constitution and jurisdiction of licensing authority

Division 2 -- The Liquor Commission

8. Commission established
9. Jurisdiction of Commission
9A. Constitution of Commission

Division 2A -- Members of the Commission

9B. Commission members
9C. Tenure of office
9D. Deputy chairperson
9E. Removal or resignation
9F. Leave of absence
9G. Member whose term has expired may continue in office
9H. Remuneration and conditions of office

Division 2B -- Other matters

9I. Decisions of Commission to be written etc.
9J. Seal of Commission
9K. Annual reports by Commission
9L. Laying annual report before House of Parliament not sitting
9M. Protection and immunity of members, parties etc.

Division 3 -- The Director of Liquor Licensing

13. Functions of and hearings by Director
14. Inspectors etc., appointment of etc.

Division 4 -- Other staff of the licensing authority

15. Director may delegate etc.

Division 5 -- Proceedings before the licensing authority

16. Procedure, sittings, use of experts, evidentiary rules etc.
17. Representation of parties
18. Witnesses and evidence, powers to summon etc.
18AA. Notice of decision
18A. Enforcing decisions
19. Enforcing monetary penalties
20. Contempt etc.
21. Costs
22. Rules of Commission
23. Proof of process; protection from personal liability

Division 6 -- Reference to the Commission, review and appeals

24. Director may refer matters to Commission
25. Review of Director’s decisions
25A. Commission may refer application for review to State Administrative Tribunal
26. Some Director’s decisions have effect despite application to review
27. Question of law, Commission may state to Supreme Court
28. Appeals against Commission’s decisions
29. Licence or permit continues to have effect pending appeal

Division 7 -- Confidential police information

30. Confidential police information, use and protection of

PART 3 -- Licences and permits

Division 1 -- General matters

30A. Licences to sell liquor, grant and nature of
30B. Power of attorney does not empower donee to act for licensee under this Act
31. Licences, generally
32. Duration of licences
33. Powers of licensing authority when deciding applications
34. Certain applications not to be decided
35. Persons who may hold licences
35A. Trustees for unincorporated bodies
36. Two or more licences for same premises, restrictions on
36A. Petrol stations in some areas not to be granted licences
36B. Restrictions on grant or removal of certain licences authorising sale of packaged liquor
37. Pre-requisites for grants of licences etc.; conditions on licences
37A. Conviction of licensee etc., duty to inform Director
37B. Fingerprints etc., licensing authority’s powers to obtain
37C. Register of licensed premises

Division 2 -- Licences

38. Some applications not to be granted unless in the public interest
39. Certificate of local government as to whether premises comply with laws
40. Certificate of planning authority as to whether use of premises complies with planning laws
41. Hotel licence, kinds, conditions and effect of
41A. Effect and conditions of small bar licence
41B. Small bar licence may be granted as alternative to tavern restricted licence
42. Nightclub licence, effect and conditions of
43. Nightclub licence, pre-requisites for grant of
44. Casino liquor licence, effect and conditions of
45. Casino liquor licence, pre-requisites for grant of
46. Special facility licence, pre-requisites for grant of
46A. Special facility licence, restrictions on varying
46B. Alternatives to granting or varying special facility licences
47. Liquor store licence, effect of
48. Club licence, kinds, conditions and effect of
49. Club licence, pre-requisites for grant of
50. Restaurant licence, effect and conditions of
50A. Issue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant
51. Unlicensed restaurants, supply of liquor in
52. Liquor sold or consumed with meals, effect of extended trading permit which authorises; evidentiary provisions
53. Restaurant licence and extended trading permit, effect of may be restricted as to selling liquor with meals
55. Producer’s licence, effect of
56. Production of liquor by person, presumption of
57. Producer’s licence, pre-requisites for grant of
58. Wholesaler’s licence, effect and conditions of
59. Occasional licence, effect, conditions and pre-requisites for grant of
59A. Additional authorisations relating to supply and sale of liquor on licensed premises

Division 4 -- Permits

60. Extended trading permit, purposes, effect and conditions of
61. Extended trading permit for extended area (s. 60(4)(h)), pre-requisites for grant of
61A. Extended trading permit for sale of liquor (s. 60(4)(ia))

Division 5 -- Conditional grants or approvals

62. Uncompleted premises, conditional grant or removal in case of
62A. Pending certificate (s. 39 or 40) etc., conditional grant in case of
62B. Pending approval etc. (s. 77(5)), conditional approval of alteration etc. in case of

Division 6 -- Conditions, generally

63. Terms fixed and conditions imposed by Act, only some can be varied etc.
64. Imposing, varying and cancelling conditions
65. Conditions relating to sale and delivery of packaged liquor or liquor for consumption off licensed premises
65A. Petrol station not to be established on premises from which packaged liquor is sold
65B. Promoting liquor, regulations may prescribe conditions about

Division 7 -- Applications

66. Plans and specifications of premises, requirements as to
67. Advertisement of applications
68. Form, manner, notice and public inspection of applications
69. Advertising, referring, investigating and intervening in applications
70. Club licence applications, intervening in
72. Owner etc. of premises, when consent of required; right of owner, lessee etc. to object
72A. Submissions generally
73. Objecting to applications, general right and rules as to
74. Objecting to applications, grounds for etc.
75. Occasional licence, applications for
76. Extended trading permit, applications for
77. No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises
77A. Restrictions on alteration or redefinition of certain packaged liquor premises

Division 8 -- Removals

78. Casino liquor licence not removable without authority
79. Licence relating to transport, when removable
80. Temporary removal or redefinition of licence
81. Applications for removal of licence

Division 9 -- Transfers

82. Applications for transfer of licences
82A. Transfer of licence between licence holders
83. Certain licences not transferable
84. Pre-requisites for transfer of licence
85. Transferee to succeed to certain of transferor’s liabilities and rights

Division 10 -- Interim authorisations and protection orders

86. Interim authorisations to carry on business under licence
87. Protection orders, grant and term of etc.
88. Protection order, effect of
89. Dispute as to terms of lease, Director’s powers in case of

Division 11 -- Suspensions

91. Suspension of licence or permit in the public interest
92. Suspension because business has ceased etc.
92A. Cancellation of suspension
93. Cancellation of suspended licences

Division 12 -- Surrenders

94. Surrendering licences

Division 13 -- Disciplinary matters

95. Disciplinary action against licensees, grounds and procedure for
96. Disciplinary action, powers to take

PART 4 -- The conduct of business

Division 1 -- Hours of trading

97. Permitted hours generally
98. Hotel licence, permitted hours under
98AA. Permitted hours under small bar licence
98A. Nightclub licence, permitted hours under
98B. Casino liquor licence, permitted hours under
98C. Special facility licence, permitted hours under
98D. Liquor store licence, permitted hours under
98E. Club licence and club restricted licence, permitted hours under
98F. Restaurant licence, permitted hours under
98G. Producer’s licence, permitted hours under
98H. Wholesaler’s licence, permitted hours under

Division 2 -- Maintenance of the premises

99. Duty to keep premises clean and in good repair; powers to enforce duty and require alterations

Division 3 -- Supervision and management

Subdivision 1 -- Licensed premises to be supervised and managed

100. Licensee’s duties
101. Managers etc., liabilities of

Subdivision 2 -- Approval of managers

102A. Terms used
102B. Applications for and granting approvals
102C. Conditions on manager’s approval
102D. Duration of manager’s approval
102E. Renewal of manager’s approval
102F. Disciplinary action against approved managers
102G. Approval may be cancelled on request

Subdivision 3 -- General matters

102. Management and control of incorporated licensees, approvals required
103. Owners of licensed premises to notify Director of certain matters

Division 3A -- Responsible practices in selling, supplying and serving liquor

103AA. Register of responsible practices’ training
103A. Regulations about training people in responsible practices

Division 4 -- Profit sharing

104. Profit sharing etc. prohibited without approval

Division 5 -- Lodgers

105. Persons deemed lodgers of licensed premises in some cases
106. Liquor supplied to lodgers etc., conditions applying to
107. Loss of lodger’s property, licensee’s liability for

Division 6 -- The sale and consumption of liquor, etc.

108. Certain licensees to exhibit charges for meals and liquor
109. Sale of liquor, offences as to
109A. Offence to carry liquor in excess of prescribed quantity in prescribed area of State
110. Licensed premises and sports arenas, offences as to
111. Trading outside permitted hours, offences as to
112. Exceptions to s. 109, 110 and
113. Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor
113A. Websites of some licensees, information to be displayed on
114. Closure of licensed premises, police powers as to
115. Drunk etc. people, offences as to, refusal of entry to etc.
115AA. Commissioner of Police may bar people from licensed premises
115AB. Delegation by Commissioner of Police
115AC. Publication and disclosure of details of people barred under barring notices
115ACA. Barring notice must be registered in banned drinkers register
115AD. Review of decision to give barring notice
115AE. Permitting entry to premises contrary to barring notice
115A. Drinking water to be provided free at certain licensed premises
116. Documents to be displayed etc. at premises and produced
116A. Register of incidents at licensed premises to be maintained

Division 7 -- Complaints to Director

117. Noise or behaviour related to licensed premises, complaints about

Division 8 -- Liquor on unlicensed premises

118. Persons purporting to be licensee
119. Unlicensed premises etc., offences as to

Division 8A -- Conduct of unapproved businesses on or from licensed premises

119A. Non-liquor businesses on licensed premises, conduct of requires approval

Division 9 -- Juveniles

120. When juveniles permitted on licensed premises
121. Licensed premises, offences as to juveniles
122A. Supplying juveniles with alcohol on unlicensed premises
122. Regulated premises, offences as to juveniles
123. Possession etc. of liquor, offences by juveniles
124. Sending juveniles to obtain liquor, offence
125. Defences to offences under this Division
126. Suspected juveniles, authorised persons’ powers as to, offences by
126A. Entertainment for juveniles on licensed premises, application for approval of
126B. Entertainment for juveniles on licensed premises, approval of

Division 10 -- Miscellaneous

126C. Crowd controllers to be authorised when exercising powers of removal
126D. Undesirable liquor products, declaration of and offence as to
126E. Special events, operation of Act may be modified for

PART 5 -- Financial provisions

Division 1 -- Licence fees

127. Payment of licence fees
128. Regulations about licence fees

Division 2 -- Subsidies

129. Terms used
130. Subsidies for wholesalers and producers
131. Application for subsidy
132. Director to pay subsidies
133. Consolidated Account appropriated
134. Correcting incorrect subsidy payments
135. Failure to correct incorrect subsidy application
136. Minister may order subsidies to cease

Division 3 -- Power of Commission with respect to moneys due

143. Order for payment of money

Division 4 -- Records and returns

145. Records of liquor transactions to be kept by licensees etc.
146. Information to be given to Director in returns

Division 5 -- Recovery of illegal gains

147. Illegal gains, estimation and recovery of

Division 6 -- Information

148. Information etc., Director’s powers to obtain
149. Use of information, Director’s powers as to
150. Premises and records, Director’s right of access to etc.
151. Licensing authority may assist other authorities
152. Disclosure of information by officials

PART 5A -- Prohibition orders

152A. Terms used
152B. Commissioner of Police may apply for prohibition orders
152C. Evidence in support of s. 152B application
152D. Notice of s. 152B application etc. to be given to relevant person
152E. Director may make prohibition orders
152F. Term of prohibition orders
152G. Applications to vary or revoke prohibition orders
152H. Evidence in support of s. 152G application
152I. Notice of s. 152G application etc. to be given to respondent
152J. Director may vary or revoke prohibition orders
152K. Service, publication and disclosure of prohibition orders
152KA. Prohibition order must be registered in banned drinkers register
152L. Failing to comply with prohibition orders
152M. Permitting entry to premises contrary to prohibition order
152NA. Relationship with Criminal Organisations Control Act 2012

PART 5AA -- Protected entertainment precincts

Division 1 -- Preliminary

152NB. Object of PART
152NC. Terms used

Division 2 -- Short-term exclusion orders

152ND. Police officer may make short-term exclusion order
152NE. Provisions in relation to short-term exclusion orders
152NF. Variation or revocation of short-term exclusion order
152NG. Automatic revocation of short-term exclusion order if extended exclusion order comes into effect
152NH. Review of short-term exclusion order
152NI. Commissioner of Police to issue guidelines

Division 3 -- Extended exclusion orders

152NJ. Commissioner of Police may apply for extended exclusion order
152NK. Evidence in support of application for extended exclusion order
152NL. Notice of application for extended exclusion order must be served on subject person
152NM. Director may make extended exclusion order
152NN. Provisions in relation to extended exclusion orders
152NO. Application for variation or revocation of extended exclusion order
152NP. Evidence in support of application for variation or revocation
152NQ. Notice of application for variation or revocation must be given to extended exclusion order respondent
152NR. Director may vary or revoke extended exclusion order on application
152NS. Director may vary or revoke extended exclusion order on own initiative
152NT. Effect of variation or revocation

Division 4 -- General provisions about exclusion orders

152NU. Effect of changes to protected entertainment precincts on exclusion orders
152NV. Exclusion order applies at all times unless varied
152NW. Form of exclusion order
152NX. Exclusion order must be served and explained
152NY. Duration of exclusion order
152NZ. Term of extended exclusion order extended by period in custody
152NZA. Correcting mistakes in exclusion order
152NZB. Reasons for decisions and notice of right of review
152NZC. Publication and disclosure of information about exclusion orders
152NZD. Offence of further disclosing information about exclusion orders
152NZE. Relationship with Criminal Organisations Control Act 2012
152NZF. Orders not affected by other orders under Act
152NZG. Delegation by Commissioner of Police
152NZH. Decisions of Commission on review

Division 5 -- Offences

152NZI. Offence of failing to comply with exclusion order
152NZJ. Excluded offender must not enter or remain in protected entertainment precinct
152NZK. Defences for s. 152NZI and 152NZJ
152NZL. Permitting person subject to exclusion order or excluded offender to enter premises
152NZM. Police officer may require person to give personal details in certain circumstances

Division 6 -- Miscellaneous

Subdivision 1 -- Other notices

152NZN. Notice must be given to excluded offender
152NZO. Protected entertainment precincts must be advertised and notified

Subdivision 2 -- Service of documents

152NZP. Terms used
152NZQ. Service of exclusion orders and other documents
152NZR. Time when document served
152NZS. Proof of service of document

Subdivision 3 -- Other matters

152NZT. Publication and disclosure of information about excluded offenders
152NZU. Offence of further disclosing information about excluded offenders
152NZV. Monitoring by Parliamentary Commissioner

PART 5B -- Liquor restricted premises

152N. Terms used
152O. Liquor on liquor restricted premises, offences as to
152P. Declaration of liquor restricted premises
152Q. Liquor restriction declarations, power to make
152R. Service etc. of liquor restriction declarations
152S. Notice of liquor restriction declaration to be displayed at premises
152T. Duration of liquor restriction declarations
152U. Varying liquor restriction declarations
152V. Revoking liquor restriction declarations
152W. Applications generally
152X. Decisions under Part 5B not subject to review under s.

PART 5C -- Banned drinkers

Division 1 -- Preliminary

152Y. Terms used
152YA. Who is a banned drinker
152YB. What is a banned drinker order
152YC. When banned drinker order, or extension or revocation of banned drinker order, takes effect

Division 2 -- Banned drinker orders made by police officers

152YD. First police BDO, second police BDO and subsequent police BDO
152YE. Police officer may make banned drinker order
152YF. Police officer may make second police BDO or subsequent police BDO
152YG. Period of banned drinker order
152YH. Notice and registration of banned drinker order
152YI. Police officer may require person to give personal details
152YJ. Revocation of banned drinker order
152YK. Decision to revoke banned drinker order

Division 3 -- Banned drinker order made on person’s request

152YL. Person may ask for self-imposed banned drinker order
152YM. Director must make self-imposed banned drinker order
152YN. Period of self-imposed banned drinker order
152YO. Notice of decision and registration of self-imposed banned drinker order
152YP. Revocation of self-imposed banned drinker order

Division 4 -- Banned drinker order made on application of certain professionals

152YQ. Application for banned drinker order
152YR. Director may make banned drinker order
152YS. Period of banned drinker order
152YT. Notice of decision and registration of banned drinker order
152YU. Director may extend banned drinker order
152YV. Police officer may extend banned drinker order
152YW. Revocation of banned drinker order
152YX. Decision to revoke banned drinker order

Division 5 -- Other provisions about banned drinker orders

152YY. Review of decisions
152YZ. Decision of Commission on review

Division 6 -- Offences

152Z. When packaged liquor is sold, or authorised by licence to be sold, in banned drinker area
152ZA. Offence of knowingly selling packaged liquor to banned drinker
152ZB. Offence of supplying packaged liquor to banned drinker

Division 7 -- Disclosure and use of information

152ZC. Disclosure of information about banned drinker order or banned drinker
152ZD. Restriction on use or disclosure of information
152ZE. Protection for disclosure in good faith

Division 8 -- Miscellaneous

152ZF. Condition relating to sale of packaged liquor in banned drinker areas
152ZG. Banned drinker order or written notice may be given electronically
152ZH. Director must keep banned drinkers register
152ZI. Director must establish ID system
152ZJ. Offence to use or disclose information obtained from banned drinkers register or using ID system
152ZK. Delegation by Commissioner of Police

PART 6 -- Enforcement

153. Authorised officers etc., functions and reports of
154. Authorised officers, powers of entry etc., offences as to
155. Powers of police to enter premises and seize liquor etc.
156. Local governments, functions of
157. Evasion of fees due etc., offence
158. Failing to comply with licensing authority’s requirements etc., offence
159. False or misleading statements and records, offence
160. Information about offences, power to obtain
161. Search warrants, issue and execution of
162. Separate offences and continuing offences
163. Sale of liquor, presumption of in some cases
164. Offences by bodies corporate and partnerships
164A. Liability of officers for offence by body corporate
165. Licensee liable for act of employee etc.
166. General penalty
167. Infringement notices
168. Prosecutions, institution of
169. Prosecutions, hearing of and limitation periods for
170. Evidentiary provisions as to proof of certain facts
171. Accomplices, who are not, evidence of
172. Averments in charges, proof of certain documents and facts
172A. Forfeiture of liquor etc. on conviction or payment of modified penalty

PART 7 -- General

173. Pending review etc. not to affect liability
174. Service of documents
174A. Criminal and Found Property Disposal Act 2006, application of
174B. Liquor accords: authorisation for purposes of Competition and Consumer Act 2010 and Competition Code
175. Regulations
177. Transitional provisions (Sch. 1)
177A. Transitional provisions for Liquor and Gaming Legislation Amendment Act 2006 (Sch. 1A)
177B. Transitional provisions for Liquor Control Amendment Act 2010 (Sch. 1B)
177C. Transitional provisions for Liquor Control Amendment Act 2018 (Sch. 1C)
177D. Transitional provisions for Liquor Control Amendment (Protected Entertainment Precincts) Act 2022 (Sch. 1D)
177E. Transitional provisions for Liquor Control Amendment (Banned Drinkers Register) Act 2023 (Sch. 1E)
178. Review of Act
SCHEDULE 1 -- Transitional provisions
SCHEDULE 1A -- Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006
SCHEDULE 1B -- Transitional provisions relating to the Liquor Control Amendment Act 2010
SCHEDULE 1C -- Transitional provisions relating to the Liquor Control Amendment Act 2018
SCHEDULE 1D -- Transitional provisions relating to the Liquor Control Amendment (Protected Entertainment Precincts) Act 2022
SCHEDULE 1E -- Transitional provisions relating to Liquor Control Amendment (Banned Drinkers Register) Act 2023
SCHEDULE 2 -- Unincorporated clubs

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