Liquor industry year in review: 2011

This final Liquor Snapshot for 2011 briefly identifies just some of the many changes that affected the liquor industry this year.

The amendments to the Liquor Control Act with the introduction of the restricted and unrestricted manager system arguably has had the greatest practical affect across the board on licensees.

A new kind of hotel licence called tavern restricted licence was introduced.  Like the small bar licence a restricted tavern does not allow packaged sales but is not subject to the numbers' limit of 120 persons.

Various clauses in the Liquor Control Regulations became effective which exempted the requirement for licensing approval in a variety of circumstances.  The exemptions authorised, amongst other things, BYO liquor to be consumed at unlicensed live entertainment venues, the sale and supply of liquor at some small functions without an occasional licence, the supply of complimentary liquor by businesses and BYO liquor to be legally consumed within small charter vehicles.  Although described as an act of deregulation, it can in fact be argued that by introducing the exemptions the licensing authority has created an official watershed where previously there was more flexibility and less regulation.

Three members were added to the Liquor Commission in 2011.  Dr Eric Isaachsen, Mr Seamus Rafferty and Mr Alistair Bryant joined incumbent members Mr Jim Freemantle (Chairperson), Ms Helen Cogan, Mr Edward Watling and Mr Greg Joyce.  The appointments reflect the Commission’s heavy workload this year and likely further anticipated increase in its role.

The Commission’s decision in Dan Murphy’s Bicton [34/2011] affirmed its position that independent and relevant evidence in support of an application is required to discharge an applicant’s onus of proving that the grant of a licence is in the public interest.  The Commission rejected '… the general principle that merely because a business model has proven to be popular in other localities, that that justifies the grant of a new licence in this locality or any other locality. Such a contention is untenable and ignores the regulatory scheme and objects of the Act; the need to consider the merits of each case; and need to properly weigh and balance the public interest considerations in the context of each individual application'.  This case and others throughout the year have progressively raised the bar for applicants in terms of providing evidence in support of an application that is independent, relevant and proves the need for the licence.

Despite the ongoing licensing authority hardening of attitudes towards the grant of more ‘complex’ applications, numerous tavern and hotel applications within the CBD were successful.  Multiple tavern licences were approved at the soon to be completed City Square site, including the flagship 1,000 person capacity Print Hall premises.   The numerous City Square licences, along with the other CBD grants, pending applications and the Department of Health and WA Police stance on outlet density, are likely to make it increasingly difficult to obtain licences for large inner city venues in the foreseeable future.

The licensing authority is set to increase its application fees for new licences in 2012.  The fee for the majority of licences will increase from $2,810.00 to $3,100.00.  The balance, such as for producer's, wholesaler's and restaurants, will increase from $765.00 to $800.00.

Annual licence fee accounts have been issued.  Licensees are reminded that these annual licence fees must be paid by 1 January 2012.  Failure to pay the annual fee will result in late payment fees or may result in licence suspension.

On behalf of Lavan Legal, the Liquor Licensing Team wishes all Snapshot recipients a happy and prosperous festive season.  We very much look forward to your ongoing support in 2012. 

If any Snapshot recipients would like a particular topic covered by the Liquor Licensing Team in 2012 or require any liquor licensing assistance please do not hesitate to contact: