There is provision in the Liquor Control Act 1988 (WA) for a licensee or approved manager of a licensed premises to appoint another employee of the business to act as a temporary approved manager for a certain period of time.
This may be necessary where an approved manager is or will be absent from work for any reason. For example, the approved manager may be unwell, or needs to leave the licensed premises temporarily to go to the bank or attend a meeting.
The appointment of a temporary approved manager is subject to the following conditions:
- Unless otherwise approved by the licensing authority, the temporary approved manager cannot be appointed for a period of more than 7 consecutive days, nor for more than 7 days in any 28 day period.
- The employee being appointed cannot have been, at any time, found to not be a fit and proper person to manage licensed premises.
It is not a requirement for the temporary approved manager to have completed liquor licensing training in respect of managing licensed premises. It is, however, assumed that the employee would have at least completed his or her Responsible Service of Alcohol (RSA) training.
We recommend that where a temporary approved manager is to be appointed, that it be done in writing and the documentary evidence of the appointment be readily accessible. That way, in the event of an inspection by the Police or a licensing authority officer, there is clear proof of compliance with the Act.
Licensees and approved managers should still bear in mind that it is still ultimately their responsibility to ensure the licensed premises is properly supervised and managed in accordance with the Act. Mismanagement of licensed premises may attract significant penalties from the licensing authority, such as a fine of up to $10,000.