WA liquor licensing has changed — here’s what you need to know

Western Australia’s liquor licensing system changed significantly on 1 July 2026. The Liquor Control Amendment Act 2025 delivers the most significant shake-up to the system since 2006. Miscellaneous changes under Part 2 took effect in December 2025, but the major structural reforms — abolishing the Liquor Commission, streamlining how applications are assessed, and transferring the review function to the State Administrative Tribunal (Tribunal) — commenced on 1 July 2026. Here is what has changed and why it matters.

One Decision-Maker, Not Two

For nearly twenty years, Western Australia’s liquor licensing system had two separate decision-makers: the Director of` Liquor Licensing (Director) handled day-to-day licensing decisions, while the Liquor Commission — a separate statutory body with its own members and procedures — handled reviews and contested matters.

The Liquor Commission is now abolished. The Director of Liquor Licensing is the sole first-instance decision-maker across all licensing matters: applications, conditions, transfers, complaints, and disciplinary action.

This simplification removes a layer of complexity — but it also means there is no longer a separate body to refer difficult matters to. The Director decides; parties who disagree go to the Tribunal.

Who Gets a Say on Applications

Under the new framework, there are three ways to have a say on a licensing application — and which category you fall into determines how much weight your submission carries.

1. Objections — Anyone can object to an advertised application before the submission deadline, but only on one of five grounds: it would not be in the public interest; it would cause undue harm or ill-health; it would create undue noise, disturbance, or inconvenience to nearby residents or sensitive locations; it would reduce the amenity or good order of the area; or it would otherwise breach the Act. Landlords, lessees, and mortgagees can also object on proprietary grounds, with no deadline restriction.
2. Official submissions — The Commissioner of Police, local governments, the Chief Health Officer, and the CEO of Tourism WA can make formal submissions at any time — even after the public deadline — and the Director must consider them. If the Director does consider any submission, the applicant must be given a copy and a chance to respond before a decision is made.
3. General submissions — Anyone can lodge a submission supporting or opposing an application, but the Director is not required to consider it or even acknowledge it.

Challenging a Decision

Anyone aggrieved by a licensing decision can apply to the Tribunal for a merits review. The decisions that can be reviewed are set out in new Schedule 3 to the Act.

1. What can be reviewed — The list covers almost every significant Director decision: granting or refusing a licence; imposing, varying or cancelling licence conditions; suspending a licence; managers’ approvals; barring notices of three months or more; complaint determinations; prohibition orders; exclusion orders; and banned drinker orders.
2. Who can apply — Depending on the decision, eligible applicants include the original applicant, officials who made formal submissions, landlords or lessees who objected on property grounds, the licensee, the person subject to an order, or the Commissioner of Police.
3. The deadline — You have one month from the date you receive written notice of the decision and your review rights, or — if written reasons are not provided at that point — one month from when the reasons are given. The Tribunal can extend this time, even after the deadline has passed.
4. No new evidence — The Tribunal can only consider material that was before the Director when the original decision was made. New evidence cannot be introduced at the review stage.

A New Tool Against Unlawful Trading

The Act gives the Tribunal a new power, on application by the Director, to declare that a person breached the Act or their licence conditions, find that they gained a financial advantage from doing so, and order repayment of that advantage — calculated on gross revenue, not profit, with no deduction for costs. The amount is recoverable as a debt to the Crown, and this applies whether or not a criminal prosecution has been brought.

Existing licences and permits have automatically carried over into the new framework. You do not need to do anything to preserve your current authorisations — but every future interaction with the licensing system is now governed by the new framework.

If you have questions about how these changes affect your licence, application, or business, please contact Craig Wallace or Isabella Mosole.

Disclaimer

The information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.