Licensees are reminded to check their licence and any extended trading permit.
Generally trading hours are as follows (unless a licence or permit specifically states differently):
In addition, most liquor stores situated outside the metropolitan area are permitted to trade between 10am and 10pm on Sunday 21 April 2019 (Easter Sunday) under a blanket extended trading approval granted by the Director of Liquor Licensing early this year, unless specifically excluded. Liquor store licensees in regional WA should check that they are not excluded before opening on that Sunday.
The Hospitality Messenger has seen a few promotions recently offering endless drink refills. Such promotions sound thirst quenching, but if scrutinised by the licensing authority, would quite likely be considered in breach of its responsible promotion policy and inconsistent with the liquor legislation.
Dan Mossenson and Jessica Patterson were again named in the Best Lawyers in Australia - 2020 Edition
Last week the Supreme Court of WA delivered its decision in the matter of an appeal by the Commissioner of Police against a decision of the Liquor Commission of WA.
The Commission had approved redevelopment of the Leisure Inn to include a Dan Murphy’s outlet, partly on the basis of economic benefits to the Rockingham community. The Supreme Court found that those economic benefits were not relevant to support the approval. The decision of the Commission was quashed and sent back to the Commission to be re-decided. A copy of the decision can be accessed here.
The Liquor Commission recently delivered a decision in respect of The Squire’s Fortune in Scarborough, refusing the application by the licensee to cancel a trading condition relating to music and entertainment.
Interestingly, the licensee was initially partly successful with the application at first instance to the Director of Liquor Licensing, whereby the Director approved a variation, subject to several new conditions. The licensee sought a review of that decision, because it was not happy with the new conditions and partly on the basis that it was not given proper opportunity by the Director to address the new conditions. The Commission agreed that the licensee was not given that requisite opportunity, however, the Commission then went on to find that the licensee had not actually presented an adequate case in favour of the original condition being cancelled and so the Commission refused the original application. A copy of the decision can be accessed here.
