Western Australian Consolidated Acts

LIQUOR CONTROL ACT 1988 - SECT 65

65 .         Packaged liquor, conditions relating to sale of for consumption off licensed premises

        (1)         Subject to subsection (3), a licence or permit that authorises the sale of packaged liquor or of liquor for consumption off the licensed premises is subject to the conditions that the liquor so sold — 

            (a)         must be consigned to the purchaser at, and delivered on or from, the licensed premises, unless the Director otherwise approves; and

            (b)         must be delivered in sealed containers; and

            (c)         shall not, unless an extended trading permit or a special facility licence so authorised, be or be permitted to be consumed on or, except in the case of wine sold under section 55, in the immediate proximity of the licensed premises,

                and a person who contravenes such a condition commits an offence.

        Penalty: a fine of $2 000.

        (2)         The conditions referred to in subsection (1) shall not be taken to have been contravened where — 

            (a)         the sale of liquor to the purchaser for consumption on the licensed premises is authorised at the time of sale; and

            (b)         the liquor, although sold for consumption off the licensed premises, is consumed there in circumstances in which it could lawfully have been consumed if sold under that authorisation.

        (3)         For the purposes of any disciplinary action taken or proceedings instituted under this Act, liquor may be taken to have been consumed in the immediate proximity of licensed premises if the liquor is consumed in a place nearby where — 

            (a)         there is frequent drunkenness, or disorderly conduct by persons resorting to the licensed premises; or

            (b)         persons habitually gather for the purpose of consuming liquor sold on or from the licensed premises,

                and the court is satisfied that the licensee has not, but could have, taken reasonable steps to prevent such occurrences or that the licensed premises are in any way ill-conducted.

        (4)         Liquor may be taken to have been consumed in the immediate proximity of licensed premises notwithstanding that the circumstances referred to in subsection (3) do not apply.

        [Section 65 amended by No. 12 of 1998 s. 45; No. 56 of 2010 s. 69.]