Online trading and regulations

A random search of a dozen local packaged liquor outlet websites, which sell and supply liquor online, revealed that none were legally compliant.  The Liquor Control Act 1988 (WA) and its regulations require such websites to specify:

1. the licence number;
   
   
2. the class of licence;
   
   
3. the name of the licensee; and
   
   
4. the address and telephone number of the licensed premises.

on either the first page of the site or its home page.

The ‘class of licence’ refers to whether the website is operating under a ‘liquor store’, ‘producers’ or ‘wholesalers’ licence etc. and not whether the class of licence is an A or B class.  Such classifications were used under the old act and no longer exist under the current act.

The regulations also stipulate that the following warning must be displayed on the first page or homepage of the website:

WARNING

Under the Liquor Control Act 1988, it is an offence:

• to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or
  
  
• for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

The most common mistakes by licensees were the:

• incorrect citation of the act; and
  
  
• incorrect identification of the class of licence being used to conduct the business.

Comment:
Licensees must also ensure that whilst trading online, they comply fully with the conditions and limitations of their respective licences.

If you have any queries about online trading and requirements, please do not hesitate to contact Dan Mossenson, Partner, on (08) 9288 6769 / dan.mossenson@lavanlegal.com.au or Alec Weston, Solicitor, on (08) 9288 6873 / mailto:alec.weston@lavanlegal.com.au