Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
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.
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
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
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
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
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
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
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
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. Packaged liquor, conditions relating to sale of 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
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
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
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
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
110. Licensed premises and sports arenas, offences as to
111. Trading outside permitted hours, offences as to
112. Exceptions to s. 109, 110 and 111
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. Banning people from licensed premises, Commissioner of Police’s power for
115AB. Delegation by Commissioner of Police
115AC. Publication of details of people banned under s. 115AA
115AD. Review of s. 115AA notices
115AE. Permitting entry to premises contrary to s. 115AA 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 a 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
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 a 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 and publication of prohibition orders
152L. Failing to comply with prohibition orders
152M. Permitting entry to premises contrary to prohibition order
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. 25
PART 6 -- Enforcement
153. Authorised officers etc., functions and reports of
154. Authorised officers, powers of entry etc., offences as to
155. Police, powers of to enter, 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. Bodies corporate and partnerships, offences by
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
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)
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 2 -- Unincorporated clubs
[Reprinted under the Reprints Act 1984 as at 6 January 2012]
Compilation table