The Hospitality Messenger - 14 September 2017

The WA Liquor Control Act contains a restriction on the ability to re-apply for some applications that have failed.

The Act says that, if a certain application “is not granted because the licensing authority is not satisfied that granting the application is in the public interest, an application for the grant or removal of a licence in respect of the same premises or land cannot be made within 3 years after the licensing authority’s decision unless the Director certifies that the proposed application is of a kind sufficiently different from the application that was not granted”.

It is not easy in many cases to persuade the Director that a new application is “of a kind sufficiently different”.

This means that applicants should aim to put forward the best case possible to avoid disappointment and costly failures.  Also, landowners should generally assist in that process where they can to try to avoid their properties being caught up in the embargo.

There has been talk of amending this provision in the Act, but nothing has happened in that regard.

Is your branding protected?

Businesses spend a lot of time and money developing visually striking brands to stand out from the crowd.

It is essential for your business to ensure that your branding is properly protected.

If you fail to check for trade mark conflicts you could find yourself on the receiving end of a nasty cease and desist letter (and possible court proceedings).

Therefore, it is important to check the Australian trade mark register for conflicts before you settle on your brand and branding.  If all clear, you should file trade mark applications for the various aspects of your branding.

Filing a trade mark application is cheaper and easier than you might think.  If you need assistance, Iain Freeman and Andrew Sutton from Lavan’s Intellectual Property team can help.

New exemption regulations for tourism operators

In our September 2016 edition of The Hospitality Messenger, we reported that the liquor licensing exemption for tourism operators had come into effect.

That exemption has now been amended.

Tourism operators will now only qualify for the exemption if they are accredited under the Australian Tourism Accreditation Program.

Furthermore, the person supplying the liquor is required to have successfully completed the “Provide Responsible Service of Alcohol” training course.

For any tourism operator currently taking advantage of the exemption, it is highly recommended that you review the licensing authority’s new policy to ensure compliance with the exemption requirements.

Standards of licensed premises - continuing obligations

Licensees are under an obligation to maintain licensed premises as approved by the licensing authority, at all times, including the standards of the various components of those premises.  Click here to view the licensing authority’s useful policy guideline, which is due to be reviewed this month and so it may be amended.

Would your premises pass an inspection today?

Did you know?

• If there is a leasing dispute between a licensee and its landlord, the Director of Liquor Licensing has the power in some cases to suspend the licence or grant a protection order to any party to the dispute.
• Liquor store applications have dominated the last 20 Director decisions which have comprised 11 liquor store applications – three were refused and 8 new liquor store licences granted.
• “Alcohol” / “Liquor” Is there actually a difference?
  • Yes. Alcohol is a spirit ingredient of liquor.  Liquor is defined in the WA legislation as a “substance intended for human consumption which at 20o Celsius contains more than 1.15% ethanol by volume, or such other proportion as is prescribed” and anything else prescribed as being “liquor”.

To read more articles in this month's publication of The Hospitality Messenger, click here.