The Government introduced the Liquor Control Amendment Bill 2010 into State Parliament on 18 August 2010 to make a substantial number of amendments to the Liquor Control Act 1988 (WA). The amendments are expected to be fully implemented during the first half of 2011. In the interim, licensees are required to continue operating within the current regime.
In excess of 40 provisions are proposed to be amended and others added. New provisions addressing approved managers have been introduced to provide great flexibility. The new system proposes two manager licence types:
- unrestricted manager’s licence – required for managers at commercial licensed operations such as taverns, liquor stores, special facility licences etc. A prospective unrestricted manager must successfully complete the Course in Liquor Licensing (CLL) in order to obtain this licence; and
- restricted manager’s licence – required for managers at club and club restricted licensed premises. A prospective restricted manager must have successfully completed the nationally accredited Responsible Service of Alcohol (RSA) course (as a minimum) to obtain this licence.
Once deemed to be approved, managers will be issued with photographic identification and will be able to work at different licensed premises without re-applying to the licensing authority.
Provisions addressing liquor restricted premises have been introduced which will give owners and occupiers the right to apply to have their premises restricted. This will mean it is an offence for a person to bring liquor into, possess or consume liquor in such a premises.
Barring notices will be created, which can be issued by the Commissioner of Police, to target those people who display anti-social behaviour in a licensed premises. A barring notice is proposed to be issued against individuals for a period of up to 12 months to prohibit them from entering a specific licensed or unlicensed premises.
Other technical and operational amendments which are proposed include:
- establishing a tavern restricted licence category that will only allow the licensee to sell liquor for consumption on the premises;
- providing greater flexibility in relation to low risk applications by clarifying the authority of the Director to decide which applications are referred to the Commissioner of Police;
- authorising a producer’s licence to produce wine, spirits and beer and not be restricted to the production of one type of liquor;
- clarifying that a producer’s licence may only be granted to an applicant who is, or will become, a genuine producer of liquor within 12 months and who continues to yield sufficient produce for a wine vintage;
- allowing the Commissioner of Police to intervene in any proceeding before the licensing authority in respect to matters of public interest, as interventions by the Commissioner of Police can currently only be lodged in respect to applications;
- reducing the trading hours of nightclub licences by one hour on Saturday and Sunday mornings, requiring them to close at 5am on those days; and
- clarifying that the Liquor Commission of Western Australia can determine any matter it considers fit in Chambers so as to remove the obligation for hearings to be conducted.
If you have any queries please do not hesitate to contact Dan Mossenson, Partner, on (08) 9288 6769 / dan.mossenson@lavanlegal.com.au or Jessica Patterson, Senior Associate, on (08) 9288 6946 / jessica.patterson@lavanlegal.com.au.
