Very recent amendments to the Liquor Control Regulations exempt a number of circumstances from the application of the Liquor Control Act 1988. Although the amendments appear to amount to concessions and a step in the direction of deregulation, those persons who believe they are affected, who seek to sell, supply or consume liquor where no licence is involved, will need to ensure they fall squarely within the exemptions. If they do not comply they will become liable under the Act. Exemptions will only apply on a strict basis precisely as set out in the new provisions.
The sale and supply of liquor is now exempt from the Act where liquor is sold or supplied ancillary to the purpose of a small function. This exemption only applies in narrowly defined circumstances:
In addition such functions cannot start before 6am and must finish prior to 10pm.
The amendments have also authorised the consumption of BYO liquor in certain circumstances that was not previously allowed. For example, venues that facilitate continuous live entertainment may now allow patrons to consume their own liquor at the venue provided the capacity of the venue does not exceed 200 people.
Other notable changes to the Regulations include:
Subsequent snapshots will address some of the other new exemption provisions.
For more information, please contact:
Dan Mossenson Alec Weston
Partner Solicitor
(08) 9288 6769 (08) 9288 6873
dan.mossenson@lavanlegal.com.au alec.weston@lavanlegal.com.au