As part of a suite of changes to WA’s liquor licensing laws, licensees may now allow a patron to take a partially consumed bottle of wine from the licensed premises if the wine was sold for consumption ancillary to a meal provided by that licensee.
There are three key things to note regarding this new law.
1. It applies to wine only. It does not apply to beer, spirits or other liquor products.
2. The wine in question must have been sold for the purpose of being consumed ancillary to a meal and was at
…..least partly consumed ancillary to a meal.
3. The term “meal” is defined in the Act to mean food:
3.1 is eaten by a person sitting at a table, or fixed structure used as a table, with cutlery provided for the
…….purpose of eating the food; and
3.2 is of sufficient substance as to be ordinarily accepted as a meal ;and
3.3 consists of one or more courses.
The new law does not simply allow patrons to take home an unfinished bottle of wine in any situation.
If it is alleged that the wine was not sold for the purpose of being consumed ancillary to a meal, it is incumbent upon the licensee to be able to prove beyond reasonable doubt that it was.
For further information, please read our September 2018 edition of The Hospitality Messenger where we explore different patron scenarios.